[Federal Register Volume 75, Number 4 (Thursday, January 7, 2010)]
[Notices]
[Page 1003]
[FR Doc No: X10-310107]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension: Rule 17i-2, SEC File No. 270-528, OMB Control No. 3235-
0592.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 \1\ the Securities and Exchange Commission (``Commission'') has
submitted to the Office of Management and Budget a request for
extension of the previously approved collection of information
discussed below. The Code of Federal Regulation citation to this
collection of information is the following: 17 CFR 240.17i-2.
---------------------------------------------------------------------------

    \1\ 44 U.S.C. 3501 et seq.
---------------------------------------------------------------------------

    Section 231 of the Gramm-Leach-Bliley Act of 1999 \2\ (the
``GLBA'') amended Section 17 of the Securities Exchange Act of 1934 (17
USC 78a et seq.) (``the Exchange Act'') to create a regulatory
framework under which a holding company of a broker-dealer
(``investment bank holding company'' or ``IBHC'') may voluntarily be
supervised by the Commission as a supervised investment bank holding
company (or ``SIBHC'').\3\ In 2004, the Commission promulgated rules,
including Rule 17i-2, to create a framework for the Commission to
supervise SIBHCs.\4\ This framework includes qualification criteria for
SIBHCs, as well as recordkeeping and reporting requirements. Among
other things, this regulatory framework for SIBHCs is intended to
provide a basis for non-U.S. financial regulators to treat the
Commission as the principal U.S. consolidated, home-country supervisor
\5\ for SIBHCs and their affiliated broker-dealers.
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    \2\ Pub. L. No. 106-102, 113 Stat. 1338 (1999).
    \3\ See 15 U.S.C. 78q(i).
    \4\ See Exchange Act Release No. 49831 (Jun. 8, 2004), 69 FR
34472 (Jun. 21, 2004).
    \5\ See H.R. Conf. Rep. No. 106-434, 165 (1999). See also
Exchange Act Release No. 49831, at 6 (Jun. 8, 2004), 69 FR 34472, at
34473 (Jun. 21, 2004).
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    Rule 17i-2 provides the method by which an IBHC can elect to become
an SIBHC. In addition, Rule 17i-2 indicates that the IBHC will
automatically become an SIBHC 45 days after the Commission receives its
completed Notice of Intention unless the Commission issues an order
indicating either that it will begin its supervision sooner or that it
does not believe it to be necessary or appropriate in furtherance of
Section 17 of the Exchange Act for the IBHC to be so supervised.
Finally, Rule 17i-2 sets forth the criteria the Commission would use to
make this determination.
    The collections of information required by Rule 17i-2 are necessary
to allow the Commission to effectively determine whether supervision of
an IBHC as an SIBHC is necessary or appropriate in furtherance of the
purposes of Section 17 of the Exchange Act. In addition, these
collections are needed so that the Commission can adequately supervise
the activities of these SIBHCs. Finally, these rules enhance the
Commission's supervision of the SIBHCs' subsidiary broker-dealers
through collection of additional information and inspections of
affiliates of those broker-dealers.
    We estimate that three IBHCs will file Notices of Intention with
the Commission to be supervised by the Commission as SIBHCs. Each IBHC
that files a Notice of Intention to become supervised by the Commission
as an SIBHC will require approximately 900 hours to draft the Notice of
Intention, compile the various documents to be included with the Notice
of Intention, and work with the Commission staff. Further, each IBHC
likely will have an attorney review its Notice of Intention, and it
will take the attorney approximately 100 hours to complete such a
review. Consequently, we estimate the total one-time burden for all
three firms to file their Notices of Intention would be approximately
3,000 hours.\6\ Rule 17i-2 also requires that an IBHC/SIBHC update its
Notice of Intention on an ongoing basis.\7\ Each IBHC/SIBHC will
require approximately two hours each month to update its Notice of
Intention, as necessary. Thus, we estimate that it will take the three
IBHC/SIBHCs, in the aggregate, about 72 hours each year to update their
Notices of Intention.\8\ Thus, the total burden relating to Rule 17i-2
for all SIBHCs would be approximately 3,072 hours in the first year,\9\
and approximately 72 hours each year thereafter.
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    \6\ (900 hours + 100 hours) x 3 IBHCs/SIBHCs = 3,000 hours.
    \7\ An IBHC would be required to review and update its Notice of
Intention to the extent it becomes inaccurate prior to a Commission
determination, and an SIBHC would be required to update its Notice
of Intention if it changes a mathematical model used to calculate
its risk allowances pursuant to Rule 17i-7 after a Commission
determination was made.
    \8\ (2 hours x 12 months each year) x 3 SIBHCs = 72.
    \9\ (3,000 hours to file the Notices of Intention + 72 hours to
update them) = first year cost of 3,072.
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    The records required to be created pursuant to Rule 17i-2 must be
preserved for a period of not less than three years.\10\ The collection
of information is mandatory and the information required to be provided
to the Commission pursuant to this Rule is deemed confidential pursuant
to Section 17(j) of the Exchange Act and Section 552(b)(3)(B) of the
Freedom of Information Act,\11\ notwithstanding any other provision of
law. In addition, Exchange Act Rule 17i-2(d)(1) \12\ states that all
Notices of Intention, amendments, and other documentation and
information filed pursuant to Rule 17i-2 will be accorded confidential
treatment to the extent permitted by law.
---------------------------------------------------------------------------

    \10\ 17 CFR 240.17i-5(b)(2).
    \11\ 5 U.S.C. 552(b)(3)(B).
    \12\ 17 CFR 240.17i-2(d)(1).
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    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Comments should be directed to: (i) Desk Officer for the Securities
and Exchange Commission Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or by sending an e-mail to: Shagufta_
<EMAIL_ADDRESS>and (ii) Charles Boucher, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send
an e-mail to<EMAIL_ADDRESS>Comments must be submitted to OMB
within 30 days of this notice.

    Dated: December 30, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-3 Filed 1-6-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 4, 2008 (Volume 73, Number 172)]
[Notices]
[Page 51688]
[DOCID:fr04se08-82]

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

[Docket No. OST-2007-27407]

National Surface Transportation Infrastructure Financing
Commission

AGENCY: Department of Transportation (DOT).

ACTION: Notice of meeting location and time.

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SUMMARY: This notice lists the location and time of the fourteenth and
fifteenth meetings of the National Surface Transportation
Infrastructure Financing Commission.

FOR FURTHER INFORMATION CONTACT: John V. Wells, Chief Economist, U.S.
Department of Transportation,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: By Federal Register Notice dated March 12,
2007, and in accordance with the requirements of the Federal Advisory
Committee Act (``FACA'') (5 U.S.C. App. 2) and the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(``SAFETEA-LU'') (Pub. L. 109-59, 119 Stat. 1144), the U.S. Department
of Transportation (the ``Department'') issued a notice of intent to
form the National Surface Transportation Infrastructure Financing
Commission (the ``Financing Commission''). Section 11142(a) of SAFETEA-
LU established the National Surface Transportation Infrastructure
Financing Commission and charged it with analyzing future highway and
transit needs and the finances of the Highway Trust Fund and with
making recommendations regarding alternative approaches to financing
surface transportation infrastructure.

Notice of Meeting Location and Time

    The Commissioners have agreed to hold their fourteenth meeting in
two sessions, from 6:30 p.m. to 9 p.m. on Tuesday, September 16, 2008,
and from 8:30 a.m. to 4 p.m. on Wednesday, September 17, 2008. The
Commissioners have also agreed to hold their fifteenth meeting in two
sessions, from 8:30 a.m. to 4 p.m. on Tuesday, October 21, 2008, and
from 8:30 a.m. to 4 p.m. on Wednesday, October 22, 2008. The session of
the fourteenth meeting on September 17, 2008, is scheduled to take
place at the office of the American Public Transportation Association
(APTA), at 1666 K Street, NW., Eleventh Floor, Washington, DC 20006.
The other three sessions, on September 16, 2008, October 21, 2008, and
October 22, 2008, are scheduled to take place at the office of the
Information Technology and Innovation Foundation (ITIF), 1250 I
(``Eye'') Street, NW., Suite 200, Washington, DC 20005. Each session
will be open to the public.
    If you need accommodations because of a disability or require
additional information to attend any of these meetings, please contact
John V. Wells, Chief Economist, U.S. Department of Transportation,
(202) 366-9224<EMAIL_ADDRESS>
    Issued on this 28th day of August, 2008.
John V. Wells,
Chief Economist, U.S. Department of Transportation,Designated Federal
Official.
 [FR Doc. E8-20493 Filed 9-3-08; 8:45 am]

BILLING CODE 4910-9X-P


[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Rules and Regulations]
[Pages 37910-37911]
[FR Doc No: 2021-15281]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0416]
RIN 1625-AA00

Safety Zone; Sabine River, Orange, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Sabine River, extending the entire
width of the river, adjacent to the public boat ramp located in Orange,
TX. The safety zone is necessary to protect persons and vessels from
hazards associated with a high-speed boat race competition in Orange,
TX. Entry of vessels or persons into this zone is prohibited unless
authorized by the Captain of the Port Marine Safety Unit Port Arthur or
a designated representative.

DATES: This rule is effective daily on September 18, 2021 and September
19, 2021. from 7:30 a.m. through 6 p.m.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0416 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Scott Whalen, Marine Safety Unit Port Arthur, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 29, 2021, the Coast Guard published a temporary safety
zone to protect persons and vessels from the hazards associated with
high speed boat races in Orange, TX (86 FR 22610). That event was
cancelled due to weather. On May 19, 2021 the City of Orange, TX
notified the Coast Guard that they rescheduled the races for September
18 and 19, 2021, in the same location, adjacent to the public boat ramp
in Orange, TX. In response, on June 23, 2021, the Coast Guard published
a notice of proposed rulemaking (NPRM) titled Safety Zone, Sabine
River, Orange, TX (86 FR 32846). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this marine event. During the comment period that ended July 8, 2021,
we received one comment supporting the proposed rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Port Arthur
(COTP) has determined that potential hazards associated with high speed
boat races will be a safety concern for spectator craft and vessels in
the vicinity of these race event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment supporting the
establishment of this safety zone on our NPRM published June 23, 2021.
There are no changes in the regulatory text of this rule from the
proposed rule in the NPRM.
    This rule establishes a safety zone from 7:30 a.m. through 6 p.m.
daily on September 18, 2021 and September 19, 2021. The safety zone
will cover all navigable waters of the Sabine River, extending the
entire width of the river, adjacent to the public boat ramp located in
Orange, TX bounded to the north by the Orange Public Wharf and latitude
30[deg]05'50'' N and to the south at latitude 30[deg]05'33'' N. The
duration of the zone is intended to protect participants, spectators,
and other persons and vessels, in the navigable waters of the Sabine
River during high-speed boat races and will include breaks and
opportunity for vessels to transit through the regulated area.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the proposed size,
location and duration of the rule. The safety zone will encompass a
less than half-mile stretch of the Sabine River for 10.5-hours on each
of two days. The Coast Guard will notify the public by issuing Local
Notice to Mariners (LNM), and/or Marine Safety Information Bulletin
(MSIB) and Broadcast Notice to Mariners via VHF-FM radio and the rule
will allow vessels to seek permission to enter the zone during
scheduled breaks.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 received one supporting comment on this
rulemaking. 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that 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 involves a
safety zone that will last 10.5 hours on each of two days and that
would prohibit entry on less than a half-mile stretch of the Sabine
River in Orange, TX. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0416 to read as follows:

Sec.  165.T08-0416  Safety Zone; Sabine River, Orange, Texas

    (a) Location. The following area is a safety zone: All navigable
waters of the Sabine River, extending the entire width of the river,
adjacent to the public boat ramp located in Orange, TX bounded to the
north by the Orange Public Wharf and latitude 30[deg]05'50'' N and to
the south at latitude 30[deg]05'33'' N. The duration of the safety zone
is intended to protect participants, spectators, and other persons and
vessels, in the navigable waters of the Sabine River during high-speed
boat races and will include breaks and opportunity for vessels to
transit through the regulated area.
    (b) Enforcement periods. This section will be enforced from 7:30
a.m. through 6 p.m. daily on September 18, 2021 and September 19, 2021.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry of vessels or persons into this zone
is prohibited unless authorized by the Captain of the Port Marine
Safety Unit Port Arthur (COTP) or a designated representative. They may
be contacted on VHF-FM channel 13 or 16, or by phone at by telephone at
409-719-5070.
    (2) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
    (3) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
    (4) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.

    Dated: July 14, 2021.
James B. Suffern,
Commander, U.S. Coast Guard, Acting Captain of the Port Marine Safety
Unit Port Arthur.
[FR Doc. 2021-15281 Filed 7-16-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16618-16619]
[FR Doc No: 2023-05531]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-1304-000]

MFT Energy US 1 LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
MFT Energy US 1 LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is April 3, 2023.
    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 may mail similar pleadings to
the

Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426. Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: March 13, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-05531 Filed 3-17-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Page 79924]
[FR Doc No: 2022-28200]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96564; File No. SR-MRX-2022-28]

Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of
Withdrawal of Proposed Rule Change To Amend Options 7, Section 6 To Add
Port Fees

December 21, 2022.
    On December 8, 2022, Nasdaq MRX, LLC (``MRX'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 \1\ and Rule
19b-4 thereunder,\2\ a proposed rule change to assess port fees.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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    On December 16, 2022, MRX withdrew the proposed rule change (SR-
MRX-2022-28).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\3\
---------------------------------------------------------------------------

    \3\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-28200 Filed 12-27-22; 8:45 am]
BILLING CODE 8011-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on January 4, 2005

   NOTICE OF ACTION TAKEN -- DOCKET OST-2003-14244

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    Kalitta Air, L.L.C.  filed  12/10/04  for:

XX Renewal of an exemption for two years under 49 U.S.C. 40109 to
provide the following service:

Scheduled foreign air transportation of property and mail between a
point or points in the United States and a point or points in the United
Kingdom and the Kingdom of the Netherlands.  Kalitta requests that this
authority be integrated with its existing certificate and exemption
authority.

No answers were filed to the application.

Applicant rep:  Mark W. Atwood<PHONE_NUMBER>  DOT Analyst:  Linda
Senese<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted  (subject to conditions, see below)

The above action was effective when taken:  January 4, 2005, through
January 4, 2007.

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The exemption authority granted is consistent with the aviation
agreements between the United States and the United Kingdom, and the
United States and the Netherlands.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity

	   XX  Standard exemption conditions (attached)

(See Reverse Side)

2

Conditions:  The route integration authority granted is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of the route integration authority requested should be construed as
conferring upon Kalitta rights (including fifth-freedom intermediate
and/or beyond rights) to serve markets where U.S. carrier entry is
limited unless Kalitta notifies the Department of its intent to serve
such a market and unless and until the Department has completed any
necessary carrier selection procedures to determine which carrier(s)
should be authorized to exercise such rights; and (b) should there be a
request by any carrier to use the limited-entry route rights that are
included in Kalitta’s authority by virtue of the route integration
exemption granted here, but that are not then being used by Kalitta, the
holding of such authority by route integration will not be considered as
providing any preference for Kalitta in a competitive carrier selection
proceeding to determine which carrier(s) should be entitled to use the
authority at issue.

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the exemption authority was consistent with the
public interest; and (3) grant of the authority would not constitute a
major regulatory action under the Energy Policy and Conservation Act of
1975.  To the extent not granted, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

Attachment

U.S. Carrier Standard Exemption Conditions

In the conduct of operations authorized by the attached notice, the
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with the applicable requirements of the Federal Aviation
Administration Regulations, and with all applicable U.S. Government
requirements concerning security, including, but limited to 49 CFR Part
1544.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) to or from a foreign
airport, contact its International Principal Security Inspector (IPSI)
to advise the IPSI of its plans and to find out whether the
Transportation Security Administration has determined that security is
adequate to allow such airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

										05/2004