[Federal Register: January 4, 2008 (Volume 73, Number 3)]
[Proposed Rules]
[Page 836]
[DOCID:fr04ja08-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 50

[EPA-HQ-OAR-2005-0172; FRL-8513-1]

Availability of Additional Information Related to the Review of
the National Ambient Air Quality Standards for Ozone

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice of data availability.

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SUMMARY:  The EPA is providing notice that it has placed in the docket
for the review of the national ambient air quality standards (NAAQS)
for ozone (O3) (Docket No. EPA-HQ-OAR-2005-0172) additional
information relevant to the rulemaking proposing revisions to those
standards. See 72 FR 37818, July 11, 2007. Specifically, this notice
announces the availability of a memorandum from Abt Associates, Inc.
dated November 27, 2007. The subject of the memo is: ``Additional
Tables: Non-Accidental Mortality and Lung Function Responses Associated
with O3 Concentrations that Just Meet the Current and
Alternative 8-Hour Daily Maximum Standards--Totals and Portions
Attributable to O3 Within 0.1 ppm Ranges, Based on 2002 and
2004 Air Quality Data.'' The docket number for this memo is EPA-HQ-OAR-
2005-0172-6942.

DATES:  The memorandum was placed in the Ozone NAAQS docket on December
17, 2007.

FOR FURTHER INFORMATION CONTACT:  Mr. Harvey Richmond, Office of Air
Quality Planning and Standards (C-504-06), U.S. Environmental
Protection Agency, Research Triangle Park, NC 27711: telephone: 919-
541-5271; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Background

    On July 11, 2007, EPA published a proposed rule to make revisions
to the primary and secondary NAAQS for ozone to provide requisite
protection of public health and welfare (72 FR 37818). A Technical
Support Document (TSD) was completed in July 2007 by Abt Associates,
Inc. entitled ``Ozone Health Risk Assessment for Selected Urban
Areas.'' This TSD is docket item EPA-HQ-OAR-2005-0172-6794. Since
completion of the TSD, Abt Associates, Inc. has prepared an additional
analysis to show the non-accidental mortality and lung function risk
associated with each 0.01 ppm O3 concentration or exposure
interval for air quality simulating just meeting the current and
several alternative standards based on 2002 and 2004 air quality data.
The total O3-related risk for non-accidental mortality and
specific lung function responses are also presented in the tables in
this memo and are the same as reported in the July 2007 TSD.

B. How Can I Get a Copy of This Document?

    1. Docket. EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2005-0172. The document entitled ``Additional
Tables: Non-Accidental Mortality and Lung Function Responses Associated
with O3 Concentrations that Just Meet the Current and
Alternative 8-Hour Daily Maximum Standards--Totals and Portions
Attributable to O3 Within 0.1 ppm Ranges, Based on 2002 and
2004 Air Quality Data'' has been placed in this docket as docket item
EPA-HQ-OAR-2005-0172-6942. Publicly available docket materials are
available either electronically through http://www.regulations.gov or

in hard copy at the Air and Radiation Docket and Information Center,
EPA/DC, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is<PHONE_NUMBER> and the telephone number
for the Air and Radiation.

List of Subjects in 40 CFR Part 50

    Environmental protection, Air pollution control, Carbon monoxide,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides.

    Dated: December 21, 2007.
Peter Tsirigotis,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 07-6287 Filed 1-3-08; 8:45 am]

BILLING CODE 6560-50-M


[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62827-62828]
[FR Doc No: 2013-24667]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70675; File No. SR-DTC-2013-10]

Self-Regulatory Organizations; The Depository Trust Company;
Order Approving Proposed Rule Change To Terminate the Sealed Envelope
Service, Which Is Part of The Depository Trust Company's Custody
Service

October 11, 2013.

I. Introduction

    On August 22, 2013, The Depository Trust Company (``DTC'') filed
with the Securities and Exchange Commission (``Commission'') proposed
rule change SR-DTC-2013-10 (``Proposed Rule Change'') pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder.\2\ The Proposed Rule Change was published in
the Federal Register on September 5, 2013.\3\ The Commission received
one comment to the Proposed Rule Change.\4\ This order approves the
Proposed Rule Change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Release No. 34-70291 (Aug. 30, 2013), 78 FR 54696 (Sept. 5,
2013).
    \4\ See Comment from Sheila Waddell dated September 2, 2013
(``Waddell Comment''), http://www.sec.gov/comments/sr-dtc-2013-10/dtc201310-1.htm.
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II. Description

    DTC filed the Proposed Rule Change to terminate its Sealed Envelope
Service (``Service''), which is part of its Custody Service, as
described below.

A. Sealed Envelope Service

    In 2002, DTC launched the Service as an addition to its Custody
Service in response to requests from DTC participants
(``Participants'') to assist in fully outsourcing their vaults to DTC.
The Service is designed to provide physical custody to Participants for
documents or instruments that are not securities, such as loan
agreements, wills, deeds, mortgages, contracts, and option
agreements.\5\
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    \5\ The deposit of securities certificates, as well as tangible
assets such as currency, gold coins, or jewelry, is strictly
prohibited by DTC.
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    DTC allows for the sealed envelopes containing instruments or
documents that are not securities to be held in custody in one of DTC's
vaults. DTC assigns each sealed envelope a user-CUSIP number for
tracking and record keeping purposes. Participants balance their sealed
envelopes daily with DTC in the same manner as for securities held in
the Custody Service. The depositing Participant is required to list the
contents of the envelope on the outside of the envelope, as DTC does
not open any sealed envelopes or verify the contents therein other than
an examination for dangerous contents.
Proposed Rule Change
    DTC has determined to discontinue the Service for multiple reasons.
First, the Service is not widely used, as only 15 Participants
currently use the Service and one of those Participants represents
approximately 85% of the total volume. Second, since DTC does not
verify the content of the envelope submitted by a Participant under the
Service, it cannot confirm that a sealed envelope contains instruments
and document qualifying for the Service.
    DTC has stated that all 15 Participants of the Service were
notified of DTC's intention to discontinue the Service and none of the
Participants objected. DTC will work with those Participants to develop
a timeline to return sealed envelopes that it currently has in custody.

III. Comments Received

    The Commission received one comment on the Proposed Rule Change.\6\
The commenter supports the Proposed Rule Change and notes that
terminating the Service would mitigate risk, promote transparency and
integrity in the markets, provide seamless clearing and settlement
services, mitigate existing conflicts of interest, and enhance know
your customer and

customer identification programs.\7\ Furthermore, the commenter states
that the Service places an undue burden and risk on DTC because it has
no way of verifying the contents of a sealed envelope.\8\
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    \6\ Waddell Comment, supra note 4.
    \7\ See id.
    \8\ See id.
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IV. Discussion

    Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization.\9\ Section 17A(b)(3)(F) of the Act requires that, among
other things, ``[t]he rules of the clearing agency are designed to
promote the prompt and accurate clearance and settlement of securities
transactions and . . . to assure the safeguarding of securities and
funds which are in the custody or control of the clearing agency or for
which it is responsible.'' \10\
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    \9\ 15 U.S.C. 78(s)(b)(2)(C).
    \10\ 15 U.S.C. 78q-1(b)(3)(F).
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    Here, as described above, DTC's proposed rule change to terminate
the Service should help further safeguard the securities and settlement
process as a whole, as required by Section 17A(b)(3)(F) of the Act,\11\
by eliminating the risk presented by the fact that DTC does not verify
the contents of sealed envelopes placed in its custody. Moreover,
terminating the Service will allow DTC to reallocate resources towards
promoting other clearing and settlement processes.
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    \11\ 15 U.S.C. 78q-1(b)(3)(F).
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V. Conclusion

    On the basis of the foregoing, the Commission finds the Proposed
Rule Change is consistent with the requirements of the Act,
particularly with the requirements of Section 17A of the Act,\12\ and
the rules and regulations thereunder.
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    \12\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change SR-DTC-2013-10 be, and hereby
is, APPROVED.\14\
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    \13\ 15 U.S.C. 78s(b)(2).
    \14\ In approving the Proposed Rule Change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24667 Filed 10-21-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Notices]
[Pages 78930-78931]
[FR Doc No: 2011-32437]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0476]

Guidance for Industry and Food and Drug Administration Staff;
Enforcement Policy for Premarket Notification Requirements for Certain
In Vitro Diagnostic and Radiology Devices; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of the guidance entitled ``Enforcement Policy for
Premarket Notification Requirements for Certain In Vitro Diagnostic and
Radiology Devices.'' This document describes FDA's intent with regard
to enforcement of premarket notification (510(k)) requirements for
certain in vitro diagnostic and radiology devices under the
regulations.

DATES: Submit either electronic or written comments on this guidance at
any time. General comments on Agency guidance documents are welcome at
any time.

ADDRESSES: Submit written requests for single copies of the guidance
document entitled ``Enforcement Policy for Premarket Notification
Requirements for Certain In Vitro Diagnostic and Radiology Devices'' to
the Division of Small Manufacturers, International, and Consumer
Assistance, Center for Devices and Radiological Health, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 66, rm. 4613, Silver
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist
that office in processing your request, or fax your request to (301)
847-8149. See the SUPPLEMENTARY INFORMATION section for information on
electronic access to the guidance.
    Submit electronic comments on the guidance 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. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Scott McFarland, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, rm. 5543, Silver Spring, MD 20993-0002, (301)
796-6217.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA has identified certain Class I and Class II in vitro diagnostic
and radiology devices that have established safety and effectiveness
profiles and for which it believes 510(k) review is not necessary to
assure safety and effectiveness. While FDA intends to exempt these
devices from the 510(k) requirement through rulemaking that would
reclassify the Class II devices and amend the classification
regulations of the Class I devices, FDA no longer believes it is
necessary to review premarket notification (510(k)) submissions for
these devices before they enter the market. FDA is issuing a guidance
concerning a policy of exercising enforcement discretion with regard to
the 510(k) requirement for such devices. The guidance lists the devices
for which FDA intends to exercise enforcement discretion with regard to
premarket notification requirements, subject to the limitations to the
exemption criteria found in 21 CFR 862.9, 21 CFR 864.9, 21 CFR 866.9,
and 21 CFR 892.9. FDA intends to continue to enforce all other
applicable requirements under the FD&C Act, including, but not limited
to: Registration and listing (part 807 (21 CFR part 807)); labeling
(part 801 (21 CFR part 801) and Sec.  809.10 (21 CFR 809.10)); good
manufacturing practice requirements as set forth in the Quality System
regulation (part 820 (21 CFR part 820)); and Medical Device Reporting
requirements (part 803 (21

CFR part 803)). The draft guidance published in the Federal Register on
July 12, 2011 (76 FR 40921), and the comment period closed on October
11, 2011. There were 5 comments received.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
Agency's current thinking on ``Enforcement Policy for Premarket
Notification Requirements for Certain In Vitro Diagnostic and Radiology
Devices.'' It does not create or confer any rights for or on any person
and does not operate to bind FDA or the public. An alternative approach
may be used if such approach satisfies the requirements of the
applicable statute and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
using the Internet. A search capability for all CDRH guidance documents
is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance
documents are also available at http://www.regulations.gov. To receive
``Enforcement Policy for Premarket Notification Requirements for
Certain In Vitro Diagnostic and Radiology Devices,'' you may either
send an email request to<EMAIL_ADDRESS>to receive an electronic
copy of the document or send a fax request to<PHONE_NUMBER> to receive
a hard copy. Please use the document number 1752 to identify the
guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations and guidance documents. These
collections of information are subject to review by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3520). The collections of information in part 807,
subpart E have been approved under OMB control number 0910-0120; the
collections of information in part 807, subparts B and C have been
approved under OMB control number 0910-0387; the collections of
information in part 820 have been approved under OMB control number
0910-0073; the collections of information in part 801 and Sec.  809.10
have been approved under OMB control number 0910-0485; and the
collections of information in part 803 have been approved under OMB
control number 0910-0437.

V. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES), either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments 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: December 14, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-32437 Filed 12-19-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: December 22, 2009 (Volume 74, Number 244)]
[Notices]
[Page 68082-68084]
[DOCID:fr22de09-73]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61169; File No. SR-BX-2009-078]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend BOX
Trading Rules Chapters III and XIV

December 15, 2009.
    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 December 1, 2009, NASDAQ OMX BX, Inc. (the ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the self-regulatory organization. The Exchange filed the
proposed rule change pursuant to Section 19(b)(3)(A) of the Act,\3\ and
Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to add BOX Trading Rules Chapter III, Section
8(e) and Chapter XIV (Index Rules), Section 7(c) (Exemptions from
Position Limits) to allow Options Participants to rely upon exemptions
granted by other exchanges; amend Chapter III, Section 9 (Exercise
Limits) to clarify that exercise limit exemption [sic] will apply to
all Options Participants; and add Chapter III, Section 10 (Reports
Related to Position Limits) to clarify how an Options Participant may
aggregate its long or short positions for purposes of filing its
reports of these limits with the Exchange. The text of the proposed
rule change is available from the principal office of the Exchange, at
the Commission's Public Reference Room and also on the Exchange's
Internet Web

site at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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
Exercise Limit Exemptions
    The Exchange proposes to modify Chapter III, Section 9 (Exercise
Limits) to change ``Market Maker'' to ``Options Participant'', in order
to provide that all Options Participants may utilize applicable
exemptions granted under Section 8 regarding an Exercise Limit. Other
exchanges, such as the International Securities Exchange (``ISE''),
allow all members to utilize approved exempted position limit [sic] in
calculating an option's exercise limits.\5\
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    \5\ See Securities Exchange Act Release No. 34-60500 (August 13,
2009), 74 FR 42345 (August 21, 2009) (SR-ISE-2009-62); See also
Chicago Board Options Exchange (``CBOE'') Rule 4.12, NYSEAmex, LLC
(``AMEX'') Rule 905(a).
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Exemptions Granted by Other Exchanges
    As proposed, Chapter III, Section 8 and Chapter XIV, Section 7,
will allow Options Participants to rely upon exemptions granted by
other exchanges. Specifically, proposed Chapter III, Section 8(e) and
proposed Chapter XIV, Section 7(c) would provide that an Options
Participant may rely upon any available exemptions from applicable
position limits that are granted by another options exchange for any
options contract traded on the Exchange, provided that the Options
Participant provides the Exchange either with a copy of any written
exemption issued by another options exchange or with a written
description of any exemption issued by another options exchange that is
not in writing, where such description contains sufficient detail for
BOXR staff to verify the validity of that exemption with the issuing
options exchange. In addition, the Options Participant must fulfill all
conditions precedent for such exemption and comply at all times with
the requirements of such exemption with respect to the Options
Participant's trading on BOX. This proposed change is based on Chapter
III, Section 8 and Chapter XIV Section 8 of Options Rules of the NASDAQ
Stock Market, LLC (``NOM'') and recently filed proposals by NYSE ARCA,
Inc. (``ARCA'') and NYSEAmex which were effective upon filing.\6\
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    \6\ See Securities Exchange Act Release No. 34-61033 (November
19, 2009), 74 FR 62614 (November 30, 2009) (SR-NYSEArca-2009-100);
Securities Exchange Act Release No. 34-61034 (November 19, 2009), 74
FR 62625 (November 30, 2009) (SR-NYSEAmex-2009-80).
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    The Exchange notes that position limits are similar across options
exchanges. Because Options Participants frequently have membership and/
or trading privileges on other exchanges, it is important that ad hoc
position limit exemptions granted by other options exchanges
(``exemption grants'') are available to Options Participants to the
extent that such exemption grants are reduced to writing and verifiable
by BOXR staff pursuant to the proposed changes to Chapter III Section
8(e) and Chapter XIV, Section 7(c). The proposed rule change does not
give the Exchange the ability to expand the exemption grants but only
to recognize the exemption so that the position limit process would be
the same across the exchanges.
    The Exchange believes that by adding uniformity and predictability
to the position limit process, the proposed rule change should be
beneficial to the Exchange, its Options Participants, and their
customers. Moreover, the proposed rule change should promote
competition by allowing trades across options exchanges that are
similar with respect to position limits.\7\
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    \7\ The Exchange notes that all reporting requirements pursuant
to Chapter III, Section 10 (Reports Related to Position Limits)
remain in force.
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Reports Related to Position Limits
    As proposed, Supplementary Material .01 to Chapter III, Section 10,
will specify that when calculating an aggregate long or short position
in options, Options Participants need to combine (i) long positions in
put options with short positions in call options, and (ii) short
positions in put options with long positions in call options.
2. Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\8\ in general, and Section
6(b)(5) of the Act,\9\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The proposed rule change will
promote consistency between the BOX Rules and those of other options
exchanges with respect to position limit and exercise limit procedures.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    This proposed rule change does not significantly affect the
protection of investors or the public interest, does not impose any
significant burden on competition, and, by its terms, does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest. As such, the Exchange requests
that the Commission waive the 30-day operative delay period for ``non-
controversial'' proposals and make the proposed rule change effective
and operative upon filing.\10\ The proposed rule change is based upon
the rules of other options exchanges, and as such is not in any way
novel or controversial. The Commission believes that waiving the

30-day operative delay is consistent with the protection of investors
and the public interest because such waiver will bring uniformity and
predictability to the position limit process. Accordingly, the
Commission hereby grants the Exchange's request and designates the
proposal operative upon filing.\11\
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    \10\ As required under Rule 19b-4(f)(6)(iii), the Exchange
provided the Commission with written notice of its intent to file
the proposed rule change at least five business days before doing
so.
    \11\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition and capital formation. See 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2009-078 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2009-078. 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,\12\ all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, on business days
between the hours of 10 a.m. and 3 p.m., located at 100 F Street, NE.,
Washington, DC 20549. 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-BX-2009-078 and should be
submitted on or before January 12, 2010.
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    \12\ The text of the proposed rule change is available on the
Commission's Web site at http://www.sec.gov/.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-30337 Filed 12-21-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Proposed Rules]
[Pages 57558-57560]
[FR Doc No: 2017-26206]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0986; Airspace Docket No. 17-ANM-16]

Proposed Amendment of Class D and Class E Airspace; Lewiston, ID

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend controlled airspace at Lewiston-
Nez Perce County Airport, Lewiston, ID, by enlarging Class D airspace,
and Class E surface airspace, and reducing Class E airspace designated
as an extension, and Class E airspace extending upward from 700 feet
above the surface. Also, this action would remove the part-time Notice
to Airmen (NOTAM) status from Class E airspace designated as an
extension. Additionally, an editorial change would be made to the legal
descriptions replacing ``Airport/Facility Directory'' with the term
``Chart Supplement''. This action would enhance safety and management
of instrument flight rules (IFR) operations at the airport.

DATES: Comments must be received on or before January 22, 2018.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building, Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2017-0986; Airspace Docket No. 17-ANM-16, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class D and Class E airspace at Lewiston-Nez Perce
County Airport, Lewiston, ID, in support of IFR operations at the
airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (Docket No. FAA-
2017-0986; Airspace Docket No. 17-ANM-16) and be submitted in
triplicate to DOT Docket Operations (see ADDRESSES section for address
and phone number).
    Persons wishing the FAA to acknowledge receipt of their comments on
this notice must submit with those comments a self-addressed, stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2017-0986/Airspace Docket No. 17-ANM-16.'' The postcard will be
date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this notice may be changed in light of
the comments received. A report summarizing each substantive public
contact with FAA personnel concerned with this rulemaking will be filed
in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays, at the
Northwest Mountain Regional Office of the Federal Aviation
Administration, Air Traffic Organization, Western Service Center,
Operations Support Group, 1601 Lind Avenue SW., Renton, WA 98057.

Availability and Summary of Documents for Incorporation by Reference

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

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by amending Class D airspace, Class E
airspace designated as a surface area, Class E airspace designated as
an extension, and Class E airspace extending upward from 700

feet above the surface at Lewiston-Nez Perce County Airport, Lewiston,
ID. This airspace redesign is necessary for the safety and management
of instrument flight rules operations at the airport.
    This proposal would amend Class D and Class E surface area airspace
by increasing each area to a 4.3-mile radius of the airport (from the
4.1-mile radius) from the airport 290[deg] bearing clockwise to the
airport 066[deg] bearing; and within a 5.1-mile radius of the airport
(from the 4.1-mile radius) from the airport 066[deg] bearing clockwise
to the airport 115[deg] bearing; and within a 6.6-mile radius of the
airport (from the 4.1-mile radius) from the airport 115[deg] bearing
clockwise to the airport 164[deg] bearing; and within a 4.3-mile radius
of the airport (from the 4.1-mile radius) from the airport 164[deg]
bearing clockwise to the airport 230[deg] bearing; and within a 6.6-
mile radius of the airport (from the 4.1-mile radius) from the airport
230[deg] bearing clockwise to the airport 290[deg] bearing. Also, the
class D airspace extending upward from the surface would be reduced up
to and including 2,700 feet MSL (from 3,900 feet).
    Class E airspace designated as an extension would be modified to
within 1.0 mile each side of the 100[deg] bearing from the airport
extending from the 5.1-mile radius of the airport to 7.9 miles east of
the airport (from 2.7 miles each side of the Lewiston-Nez Perce ILS
localizer course extending from the 4.1-mile radius of the airport to
14 miles east), and within 1.0 mile each side of the 313[deg] bearing
from the airport extending from the airport 4.3-mile radius to 6.1
miles northwest of the airport (from 3.5 miles each side of the Nez
Perce VOR/DME 266[deg] radial extending from the 4.1-mile radius of the
airport to 13.1 miles west of the airport). Also, the part-time Notice
to Airmen (NOTAM) status would be removed.
    Class E airspace extending upward from 700 feet above the surface
would be modified to within a 6.3-mile radius of the airport, and
within 8.5 miles north and 4.3 miles south of the airport 099[deg] and
279[deg] bearings extending to 27.8 miles east and 22.5 miles west of
the airport (from an irregularly shaped polygon generally extending to
19 miles northeast, 24 miles east, 19 miles southeast, and 25 miles
west).
    Additionally, this action would replace the term ``Airport/Facility
Directory'' with the term ``Chart Supplement'' in the Class D and Class
E surface airspace.
    Class D and Class E airspace designations are published in
paragraph 5000, 6002, 6004, and 6005, respectively, of FAA Order
7400.11B, dated August 3, 2017 and effective September 15, 2017, which
is incorporated by reference in 14 CFR 71.1. The Class D and Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1   [Amended]

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

Paragraph 5000 Class D Airspace.

* * * * *

ANM ID D Lewiston, ID [Amended]

Lewiston-Nez Perce County Airport, ID
    (Lat. 46[deg]22'28'' N., long. 117[deg]00'55'' W.)

    That airspace extending upward from the surface to and including
2,700 feet MSL within a 4.3-mile radius from the Lewiston-Nez Perce
County Airport clockwise from the airport 290[deg] bearing to the
066[deg] bearing, and within a 5.1-mile radius of the airport from
the 066[deg] bearing to the airport 115[deg] bearing and within a
6.6-mile radius of the airport from the 115[deg] bearing to the
airport 164[deg] bearing, and within a 4.3-mile radius of the
airport from the airport 164[deg] bearing to the airport 230[deg]
bearing, and within a 6.6-mile radius of the airport from the
230[deg] bearing to the airport 290[deg] bearing. This Class D
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart
Supplement.

ANM ID E2 Lewiston, ID [Amended]

Lewiston-Nez Perce County Airport, ID
    (Lat. 46[deg]22'28'' N., long. 117[deg]00'55'' W.)

    That airspace extending upward from the surface within a 4.3-
mile radius from the Lewiston-Nez Perce County Airport clockwise
from the airport 290[deg] bearing to the 066[deg] bearing, and
within a 5.1-mile radius of the airport from the 066[deg] bearing to
the airport 115[deg] bearing and within a 6.6-mile radius of the
airport from the 115[deg] bearing to the airport 164[deg] bearing,
and within a 4.3-mile radius of the airport from the airport
164[deg] bearing to the airport 230[deg] bearing, and within a 6.6-
mile radius of the airport from the 230[deg] bearing to the airport
290[deg] bearing. This Class E airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

ANM ID E4 Lewiston, ID [Amended]

Lewiston-Nez Perce County Airport, ID
    (Lat. 46[deg]22'28'' N., long. 117[deg]00'55'' W.)

    That airspace within one mile each side of the 100[deg] bearing
from the Lewiston-Nez Perce County Airport extending from the
airport 5.1-mile radius to 7.9 miles east of the airport, and within
1.0 mile each side of the 313[deg] bearing from the airport
extending from the airport 4.3-mile radius to 6.1 miles northwest of
the airport.

ANM ID E5 Lewiston, ID [Amended]

Lewiston-Nez Perce County Airport, ID
    (Lat. 46[deg]22'28'' N., long. 117[deg]00'55'' W.)

    That airspace upward from 700 feet above the surface within a
6.3-mile radius of Lewiston-Nez Perce County Airport, and within 8.5
miles north and 4.3 miles south of the airport 099[deg] and 279[deg]
bearings extending to 27.8 miles east and 22.5 miles west of the
airport; that airspace extending upward from 1,200 feet above the
surface within a 62-mile radius of the Lewiston-Nez

Perce County Airport, and within 24 miles each side of the 056[deg]
bearing from the airport extending from the 62-mile radius to 92
miles northeast of the airport.

    Issued in Seattle, Washington, on November 21, 2017.
Brian J. Johnson,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-26206 Filed 12-5-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11523-11524]
[FR Doc No: 2012-4412]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13680-001]

Bryant Mountain, LLC; Notice of Intent To File License
Application, Filing of Pre-Application Document (PAD), and Commencement
of Pre-Filing Process; Notice of Intent To Prepare an Environmental
Impact Statement and Conduct Scoping; Request for Comments on the PAD
and Scoping Document, and Identification of Issues and Associated Study
Requests

    a. Type of Filing: Notice of Intent to File License Application for
an Original License and Commencing Pre-filing Process.
    b. Project No.: 13680-001.
    c. Dated Filed: December 21, 2011.
    d. Submitted By: Bryant Mountain, LLC.
    e. Name of Project: Bryant Mountain Pumped Storage Hydroelectric
Project.
    f. Location: Near Malin in Klamath County, Oregon, on lands
administered by the U.S. Bureau of Reclamation and private lands.
    g. Filed Pursuant to: 18 CFR Part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: Mr. Bart O'Keeffe, Bryant Mountain,
LLC, P.O. Box 1916, Discovery Bay, California, 94505,<PHONE_NUMBER> or
email at<EMAIL_ADDRESS>    i. FERC Contact: Ryan Hansen at<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item o below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service under section 7 of the
Endangered Species Act and the joint agency regulations thereunder at
50 CFR, part 402 and (b) the State Historic Preservation Officer, as
required by section 106, National Historical Preservation Act, and the
implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Bryant Mountain, LLC, as
the Commission's non-federal representative for carrying out informal
consultation, pursuant to section 7 of the Endangered Species Act and
section 106 of the National Historic Preservation Act.
    m. Bryant Mountain, LLC, filed with the Commission a Pre-
Application Document (PAD; including a proposed process plan and
schedule), pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(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, contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. With this notice, we are soliciting comments on the PAD and
Commission's staff Scoping Document 1 (SD1), as well as study requests.
All comments on the PAD and SD1, and study requests should be sent to
the address above in paragraph h. In addition, all comments on the PAD
and SD1, study requests, requests for cooperating agency status, and
all communications to and from Commission staff related to the merits
of the potential application must be filed with the Commission.
Documents may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426.
    All filings with the Commission must include on the first page, the
project name (Bryant Mountain Pumped Storage Hydroelectric Project) and
the project number (P-13680-001), and bear the appropriate heading:
``Comments on Pre-Application Document,'' ``Study Requests,''
``Comments on Scoping Document 1,'' ``Request for Cooperating Agency
Status,'' or ``Communications to and from Commission Staff.'' Any
individual or entity interested in submitting study requests,
commenting on the PAD or SD1, and any agency requesting cooperating
status must do so by April 16, 2012.
    p. We intend to prepare an Environmental Impact Statement (EIS) for
this project. The scoping meetings identified below satisfy the NEPA
scoping requirements.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of
the project at the time and place noted below. The daytime meeting will
focus on resource agency, Indian tribes, and non-governmental
organization concerns, while the evening meeting is primarily for
receiving input from the public. We invite all interested individuals,
organizations, and agencies to attend one or both of the meetings, and
to assist staff in identifying particular study needs, as well as the
scope of environmental issues to be

addressed in the environmental document. The times and locations of
these meetings are as follows:

Daytime Scoping Meeting

    Date and Time: Wednesday, March 14, 2012, 9 a.m.-12 p.m.
    Location: Shilo Inn Suites Hotel, 2500 Almond St., Klamath Falls,
OR 97601.
    Phone Number:<PHONE_NUMBER>.

Evening Scoping Meeting

    Date and Time: Tuesday, March 13, 2012, 6 p.m.-9 p.m.
    Location: Malin City Park Hall, 2307 Third Street, Malin, OR 97632.
    Phone Number:<PHONE_NUMBER>.
    Scoping Document 1 (SD1), which outlines the subject areas to be
addressed in the environmental document, was mailed to the individuals
and entities on the Commission's mailing list. Copies of SD1 will be
available at the scoping meetings, or may be viewed on the Web at
http://www.ferc.gov, using the ``eLibrary'' link. Follow the directions
for accessing information in paragraph n. Based on all oral and written
comments, a Scoping Document 2 (SD2) may be issued. SD2 may include a
revised process plan and schedule, as well as a list of issues,
identified through the scoping process.

Environmental Site Review

    The potential applicant and Commission staff will conduct an
Environmental Site Review of the project on Tuesday, April 13, 2012,
starting at 1 p.m. In addition to the scoping meetings, we will be
conducting an environmental site review on Tuesday, March 13, 2012. All
interested participants should meet no later than 1 p.m. in the parking
lot of Malin City Park Hall, 2307 Third Street, Malin, OR 97632. All
participants are responsible for their own transportation.

Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the
issues; (2) review and discuss existing conditions and resource
management objectives; (3) review and discuss existing information and
identify preliminary information and study needs; (4) review and
discuss the process plan and schedule for pre-filing activity that
incorporates the time frames provided for in Part 5 of the Commission's
regulations and, to the extent possible, maximizes coordination of
federal, state, and tribal permitting and certification processes; and
(5) discuss the appropriateness of any federal or state agency or
Indian tribe acting as a cooperating agency for development of an
environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PAD in preparation for the scoping
meetings. Directions on how to obtain a copy of the PAD and SD1 are
included in item n. of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will be placed
in the public records of the project.

    Dated: February 16, 2012.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-4412 Filed 2-24-12; 8:45 am]
BILLING CODE 6717-01-P