[Federal Register: June 17, 2010 (Volume 75, Number 116)]
[Notices]
[Page 34506-34508]
[DOCID:fr17jn10-126]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62285; File No. SR-NASDAQ-2008-014]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change and Amendments No. 1 and 2
Thereto To Amend Certain Corporate Governance Disclosure Requirements
for Listed Companies

June 11, 2010.
    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 February 27, 2008, The NASDAQ Stock Market LLC (``Nasdaq'') 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 prepared by Nasdaq. Nasdaq filed Amendment No. 1 to the
proposed rule change on December 18, 2009 and Amendment No. 2 to the
proposed rule change on April 30, 2010.\3\ The Commission is publishing
this notice to solicit comments on the proposed rule change, as
amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 replaced and superseded the original filing
in its entirety, and Amendment No. 2 replaced and superseded
Amendment No. 1 in its entirety.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Nasdaq proposes changes to Listing Rules 5605 and 5610, as well as
IM-5605-4 and IM-5610, to replace certain disclosure requirements with
references to the applicable disclosure requirements of Regulation S-K,
require the same disclosure as required by SEC Rules 10A-3(d)(1) and
(2) and permit disclosure through a Web site and/or a press release to
satisfy certain Nasdaq disclosure requirements.
    The text of the proposed rule change is below. Proposed new
language is in italics; proposed deletions are in [brackets].\4\
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    \4\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at http://
nasdaqomx.cchwallstreet.com/.

* * * * *
    5605. Boards of Directors and Committees.
    (a) No change.
    IM-5605. No change.
    (b) No change.
    IM-5605-1 and IM-5605-2. No change.
    (c) Audit Committee Requirements.
    (1) No change.
    IM-5605-3. No change.
    (2) Audit Committee Composition.
    (A) No change.
    (B) Non-Independent Director for Exceptional and Limited
Circumstances Notwithstanding paragraph (2)(A)(i), one director who:
(i) Is not independent as defined in Rule 5605(a)(2); (ii) meets the
criteria set forth in Section 10A(m)(3) under the Act and the rules
thereunder; and (iii) is not a current officer or employee or a
Family Member of such officer or employee, may be appointed to the
audit committee, if the board, under exceptional and limited
circumstances, determines that membership on the committee by the
individual is required by the best interests of the Company and its
Shareholders[, and the board discloses, in the next annual proxy
statement subsequent to such determination (or, if the Company does
not file a proxy, in its Form 10-K or 20-F), the nature of the
relationship and the reasons for that determination]. A Company,
other than a Foreign Private Issuer, that relies on this exception
must comply with the disclosure requirements set forth in Item
407(d)(2) of Regulation S-K. A Foreign Private Issuer that relies on
this exception must disclose in its next annual report (e.g., Form
20-F or 40-F) the nature of the relationship that makes the
individual not independent and the reasons for the board's
determination. A member appointed under this exception may not serve
longer than two years and may not chair the audit committee.
    IM-5605-4. Audit Committee Composition.
    Audit committees are required to have a minimum of three members
and be comprised only of Independent Directors. In addition to
satisfying the Independent Director requirements under Rule
5605(a)(2), audit committee members must meet the criteria for
independence set forth in Rule 10A-3(b)(1) under the Act (subject to
the exemptions provided in Rule 10A-3(c) under the Act): They must
not accept any consulting, advisory, or other compensatory fee from
the Company other than for board service, and they must not be an
affiliated person of the Company. As described in Rule 10A-3(d)(1)
and (2), a Company must disclose reliance on certain exceptions from
Rule 10A-3 and disclose an assessment of whether, and if so, how,
such reliance would materially adversely affect the ability of the
audit committee to act independently and to satisfy the other
requirements of Rule 10A-3. It is recommended also that a Company
disclose in its annual proxy (or, if the Company does not file a
proxy, in its Form 10-K or 20-F) if any director is deemed
independent but falls outside the safe harbor provisions of Rule
10A-3(e)(1)(ii) under the Act. A director who qualifies as an audit
committee financial expert under Item 407(d)(5)(ii) and (iii) of
Regulation S-K is presumed to qualify as a financially sophisticated
audit committee member under Rule 5605(c)(2)(A).
    (3) No change.
    IM-5605-5. No change.
    (4)-(5) No change.
    (d) Independent Director Oversight of Executive Officer
Compensation.
    (1)-(2) No change.
    (3) Non-Independent Committee Member under Exceptional and
Limited Circumstances.
    Notwithstanding paragraphs 5605(d)(1)(B) and 5605(d)(2)(B)
above, if the compensation committee is comprised of at least three
members, one director who is not independent as defined in Rule
5605(a)(2) and is not a current officer or employee or a Family
Member of an officer or employee, may be appointed to the
compensation committee if the board, under exceptional and limited
circumstances, determines that such individual's membership on the
committee is required by the best interests of the Company and its
[shareholders, and the board discloses,] Shareholders. A Company
that relies on this exception must disclose either on or through the
Company's website or in the proxy statement for the next annual
meeting subsequent to such determination (or, if the Company does
not file a proxy, in its Form 10-K or 20-F), the nature of the
relationship and the reasons for the determination. In addition, the
Company must provide any disclosure required by Instruction 1 to
Item 407(a) of Regulation S-K regarding its reliance on this
exception. A member appointed under this exception may not serve
longer than two years.
    IM-5605-6. No change.
    (e) Independent Director Oversight of Director Nominations.
    (1)-(2) No change.
    (3) Non-Independent Committee Member under Exceptional and
Limited Circumstances.
    Notwithstanding paragraph 5605(e)(1)(B) above, if the
nominations committee is comprised of at least three members, one
director, who is not independent as defined in Rule 5605(a)(2) and
is not a current officer or employee or a Family Member of an
officer or employee, may be appointed to the nominations committee
if the board, under exceptional and limited circumstances,
determines that such individual's membership on the committee is
required by the best interests of the Company and its Shareholders[,
and the board discloses,]. A Company that relies on this exception
must disclose either on or through the Company's website or in the
proxy statement for next annual meeting subsequent to such
determination (or, if the Company does not file a proxy, in its Form
10-K or 20-F), the nature of the relationship and the reasons for
the determination. In addition, the Company must provide any
disclosure required by Instruction 1 to Item 407(a) of Regulation S-

K regarding its reliance on this exception. A member appointed under
this exception may not serve longer than two years.
    (4)-(5) No change.
    IM-5605-7. No change.
    5610. Code of Conduct.
    Each Company shall adopt a code of conduct applicable to all
directors, officers and employees, which shall be publicly
available. A code of conduct satisfying this rule must comply with
the definition of a ``code of ethics'' set out in Section 406(c) of
the Sarbanes-Oxley Act of 2002 (``the Sarbanes-Oxley Act'') and any
regulations promulgated thereunder by the Commission. See 17 CFR
228.406 and 17 CFR 229.406. In addition, the code must provide for
an enforcement mechanism. Any waivers of the code for directors or
Executive Officers must be approved by the Board. Companies, other
than Foreign Private Issuers, shall disclose such waivers [in
a]within four business days by filing a current report on Form 8-K
with the Commission [within four business days]or, in cases where a
Form 8-K is not required, by distributing a press release. Foreign
Private Issuers shall disclose such waivers either by distributing a
press release or including disclosure in a Form 6-K or in the next
Form 20-F or 40-F. Alternatively, a Company, including a Foreign
Private Issuer, may disclose waivers on the Company's website in a
manner that satisfies the requirements of Item 5.05(c) of Form 8-K.
    IM-5610. Code of Conduct.
    Ethical behavior is required and expected of every corporate
director, officer and employee whether or not a formal code of
conduct exists. The requirement of a publicly available code of
conduct applicable to all directors, officers and employees of a
Company is intended to demonstrate to investors that the board and
management of Nasdaq Companies have carefully considered the
requirement of ethical dealing and have put in place a system to
ensure that they become aware of and take prompt action against any
questionable behavior. For Company personnel, a code of conduct with
enforcement provisions provides assurance that reporting of
questionable behavior is protected and encouraged, and fosters an
atmosphere of self-awareness and prudent conduct.
    Rule 5610 requires Companies to adopt a code of conduct
complying with the definition of a ``code of ethics'' under Section
406(c) of the Sarbanes-Oxley Act of 2002 (``the Sarbanes-Oxley
Act'') and any regulations promulgated thereunder by the Commission.
See 17 CFR 228.406 and 17 CFR 229.406. Thus, the code must include
such standards as are reasonably necessary to promote the ethical
handling of conflicts of interest, full and fair disclosure, and
compliance with laws, rules and regulations, as specified by the
Sarbanes-Oxley Act. However, the code of conduct required by Rule
5610 must apply to all directors, officers, and employees. Companies
can satisfy this obligation by adopting one or more codes of
conduct, such that all directors, officers and employees are subject
to a code that satisfies the definition of a ``code of ethics.''
    As the Sarbanes-Oxley Act recognizes, investors are harmed when
the real or perceived private interest of a director, officer or
employee is in conflict with the interests of the Company, as when
the individual receives improper personal benefits as a result of
his or her position with the Company, or when the individual has
other duties, responsibilities or obligations that run counter to
his or her duty to the Company. Also, the disclosures a Company
makes to the Commission are the essential source of information
about the Company for regulators and investors--there can be no
question about the duty to make them fairly, accurately and timely.
Finally, illegal action must be dealt with swiftly and the violators
reported to the appropriate authorities. Each code of conduct must
require that any waiver of the code for Executive Officers or
directors may be made only by the board and must be disclosed to
Shareholders, along with the reasons for the waiver. All Companies,
other than Foreign Private Issuers, must disclose such waivers [in
a]within four business days by filing a current report on Form 8-K
with the Commission [within four business days], providing website
disclosure that satisfies the requirements of Item 5.05(c) of Form
8-K, or, in cases where a Form 8-K is not required, by distributing
a press release. Foreign Private Issuers must disclose such waivers
either by providing website disclosure that satisfies the
requirements of Item 5.05(c) of Form 8-K, by including disclosure in
a Form 6-K or in the next Form 20-F or 40-F or by distributing a
press release. This disclosure requirement provides investors the
comfort that waivers are not granted except where they are truly
necessary and warranted, and that they are limited and qualified so
as to protect the Company and its Shareholders to the greatest
extent possible.
    Each code of conduct must also contain an enforcement mechanism
that ensures prompt and consistent enforcement of the code,
protection for persons reporting questionable behavior, clear and
objective standards for compliance, and a fair process by which to
determine violations.
* * * * *

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

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

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

1. Purpose
    Nasdaq proposes to make changes to its rules to replace certain
disclosure requirements with references to the applicable disclosure
requirements of Regulation S-K, require the same disclosure as required
by SEC Rules 10A-3(d)(1) and (2) and permit disclosure through a Web
site and/or a press release to satisfy certain Nasdaq disclosure
requirements.
    Nasdaq currently requires a listed company to disclose in its proxy
statement (or if the company does not file a proxy, in its Form 10-K or
20-F) any reliance on the provisions of Nasdaq's audit, compensation
and nominating committee requirements that allow a company to have one
non-independent director on the committee under exceptional and limited
circumstances.\5\ With respect to the audit committee, Nasdaq proposes
to replace its current disclosure requirement in Listing Rule
5605(c)(2)(B) with a reference to the disclosure requirement in Item
407(d)(2) of Regulation S-K, which requires similar disclosure.\6\ A
foreign private issuer, which is not subject to Item 407(d)(2), would
continue to be required to comply with Nasdaq's current disclosure
requirements. Nasdaq believes that this proposed change will avoid
duplication and confusion, given that the current Nasdaq disclosure
requirement is duplicative of the disclosure required by Item 407(d)(2)
and will facilitate compliance for listed companies while continuing to
provide transparency to investors. Nasdaq also proposes to add a
reference to IM-5605-4 to require the disclosures specified in SEC
Rules 10A-3(d)(1) and (2), which require disclosure of reliance on
certain exceptions contained in SEC Rule 10A-3.\7\ Nasdaq believes that
this addition will highlight listed companies' disclosure requirements
and help facilitate compliance.
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    \5\ Nasdaq Listing Rules 5605(c)(2)(B), 5605(d)(3) and
5605(e)(3).
    \6\ See 17 CFR 229.407(d)(2) (requiring a company that is
relying on the exceptional and limited circumstances exception to
disclose the nature of the relationship that makes an individual not
independent and the reasons for the board of directors'
determination to appoint the individual to the audit committee).
    \7\ 17 CFR 240.10A-3.
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    With respect to the compensation and nominating committees, Nasdaq
proposes to revise Listing Rules 5605(d)(3) and 5605(e)(3) to require
the disclosures described in Instruction 1 to Item 407(a) of Regulation
S-K from issuers that are otherwise subject to this requirement. For
further disclosures that are required by Nasdaq's rules, but not also
by Instruction 1 to Item 407(a) of Regulation S-K, Nasdaq proposes to
broaden the methods of disclosure

available to issuers to permit Web site disclosure. Nasdaq believes
that allowing companies to rely on the Internet to satisfy these
disclosure requirements will allow companies to provide investors with
information in a more timely, efficient and cost effective manner,
consistent with other disclosures that may be made on the issuer's Web
site. As such, the proposal is consistent with Nasdaq's rule that
permits Web site postings for the distribution of an annual report to
shareholders \8\ and the Commission's recent changes to require
companies to post their proxy materials on a Web site.\9\ Also,
allowing Web site disclosure would eliminate the need for a company to
amend a public filing if the company discovers that it failed to make a
disclosure required solely by Nasdaq's rules.
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    \8\ Nasdaq Listing Rule 5250(d)(1).
    \9\ See Securities Exchange Act Release No. 56135 (July 26,
2007), 72 FR 42222 (August 1, 2007).
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    In addition, Nasdaq requires that each listed company adopt a code
of conduct applicable to all directors, officers and employees.\10\ Any
waivers to the code of conduct must be approved by the board of
directors, and issuers, other than foreign private issuers, must
disclose such waivers in a Form 8-K within four business days. Foreign
private issuers must disclose such waivers either in a Form 6-K or in
the next Form 20-F or 40-F. In Listing Rule 5610 and IM-5610, Nasdaq
proposes to broaden the methods of disclosure of waivers to a code of
conduct to include distributing a press release if a Form 8-K is not
required \11\ or posting on the company's Web site in a manner
consistent with Item 5.05 of Form 8-K.\12\ This proposal will conform
Nasdaq's rule with that of the Commission \13\ and other markets.\14\
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    \10\ Nasdaq Listing Rule 5610 and IM-5610.
    \11\ A Form 8-K is required for waivers that apply to a
company's principal executive officer, principal financial officer,
principal accounting officer, controller or persons performing
similar functions. In these cases, the waiver cannot be disclosed
only by distributing a press release.
    \12\ Item 5.05 of Form 8-K allows Web site disclosure of waivers
to a code of ethics, provided that an issuer has disclosed in its
most recently filed annual report its Internet address and its
intention to provide disclosure in this manner.
    \13\ Id.
    \14\ See Section 303A.10 of the NYSE Listed Company Manual.
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2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\15\ in general and with Section
6(b)(5) of the Act,\16\ in particular. The proposed rule change would
remove disclosure requirements in Nasdaq's rules that duplicate
Commission disclosure requirements and provide cross references to
Commission requirements. In addition, the proposed rule change would
allow additional methods of disclosure for Nasdaq-listed companies for
certain disclosures not required by the Commission, thereby reducing
costs for those companies, and allowing them to rely on technology to
provide information to investors in a timelier manner. As such, the
proposed rule change is designed to prevent fraudulent and manipulative
acts and practices, 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.
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    \15\ 15 U.S.C. 78f.
    \16\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

    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 self-regulatory organization consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2008-014 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-NASDAQ-2008-014. 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 Web site
viewing and printing in the Commission's Public Reference Room on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of such filing also will be available for inspection and copying at the
principal office of Nasdaq. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2008-014 and should be submitted on or before
July 8, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-14608 Filed 6-16-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: March 12, 2010 (Volume 75, Number 48)]
[Notices]
[Page 11955-11957]
[DOCID:fr12mr10-169]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61663; File No. SR-CBOE-2010-015]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of Proposed Rule Change To Enable the
Listing and Trading of Options on the ETFS Palladium Trust and the ETFS
Platinum Trust

March 5, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 8, 2010, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') filed with the Securities and
Exchange Commission (the ``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to amend certain rules to enable the listing and
trading on the Exchange of options on the ETFS Palladium Trust and the
ETFS Platinum Trust. The text of the rule proposal is available on the
Exchange's Web site (http://www.cboe.org/legal), at the Exchange's
Office of the Secretary and at the Commission.

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

    In its filing with the Commission, the 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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    Recently, the Commission authorized CBOE to list and trade options
on the SPDR Gold Trust,\3\ the iShares COMEX Gold Trust, the iShares
Silver Trust,\4\ the ETFS Silver Trust and the ETFS Gold Trust.\5\ Now,
the Exchange proposes to list and trade options on the ETFS Palladium
Trust and the ETFS Platinum Trust.
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    \3\ See Securities Exchange Act Release No. 57897 (May 30,
2008), 73 FR 32061 (June 5, 2008) (order approving SR-CBOE-2005-11).
    \4\ See Securities Exchange Act Release No. 59055 (December 4,
2008), 73 FR 75148 (December 10, 2008) (order approving SR-CBOE-
2008-72).
    \5\ See Securities Exchange Act Release No. 61483 (February 3,
2010) (order approving SR-CBOE-2010-007).
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    Under current Rule 5.3, only Units (also referred to herein as
exchange traded funds (``ETFs'')) representing (i) interests in
registered investment companies (or series thereof) organized as open-
end management investment companies, unit investment trusts or similar
entities that hold portfolios of securities and/or financial
instruments including, but not limited to, stock index futures
contracts, options on futures, options on securities and indexes,
equity caps, collars and floors, swap agreements, forward contracts,
repurchase agreements and reverse purchase agreements (the ``Financial
Instruments''), and money market instruments, including, but not
limited to, U.S. government securities and repurchase agreements (the
``Money Market Instruments'') comprising or otherwise based on or
representing investments in indexes or portfolios of securities and/or
Financial Instruments and Money Market Instruments (or that hold
securities in one or more other registered investment companies that
themselves hold such portfolios of securities and/or Financial
Instruments and Money Market Instruments); or (ii) interests in a trust
or similar entity that holds a specified non-U.S. currency deposited
with the trust or similar entity when aggregated in some specified
minimum number may be surrendered to the trust by the beneficial owner
to receive the specified non-U.S. currency and pays the beneficial
owner interest and other distributions on deposited non-U.S. currency,
if any, declared and paid by the trust; or (iii) commodity pool
interests principally engaged, directly or indirectly, in holding and/
or managing portfolios or baskets of securities, commodity futures
contracts, options on commodity futures contracts, swaps, forward
contracts and/or options on physical commodities and/or non-U.S.
currency (``Commodity Pool Units''), or (iv) represent interests in the
streetTRACKS Gold Trust or the iShares COMEX Gold Trust or the iShares
Silver Trust or the ETFS Silver Trust or the ETFS Gold Trust or (v)
represents an interest in a registered investment company (``Investment
Company'') organized as an open-end management investment company or
similar entity, that invests in a portfolio of securities selected by
the Investment Company's investment adviser consistent with the
Investment Company's investment objectives and policies, which is
issued in a specified aggregate minimum number in return for a deposit
of a specified portfolio of securities and/or a cash amount with a
value equal to the next determined net asset value (``NAV''), and when
aggregated in the same specified minimum number, may be redeemed at a
holder's request, which holder will be paid a specified portfolio of
securities and/or cash with a value equal to the next determined NAV
(``Managed Fund Share'') are eligible as underlying securities for
options traded on the Exchange.\6\ This rule change proposes to expand
the types of ETFs that may be approved for options trading on the
Exchange to include the ETFS Palladium Trust and the ETFS Platinum
Trust.
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    \6\ See Interpretation and Policy .06 to Rule 5.3.
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    Apart from allowing the ETFS Palladium Trust and the ETFS Platinum
Trust to be an underlying for options traded on the Exchange as
described above, the listing standards for ETFs will remain unchanged
from those that apply under current Exchange rules. ETFs on which
options may be listed and traded must still be listed and traded on a
national securities exchange and must satisfy the other listing
standards set forth in Interpretation and Policy .06 to Rule 5.3.
    Specifically, in addition to satisfying the aforementioned listing
requirements, Units must meet either (1) the criteria and guidelines
under Rule 5.3 and Interpretation and Policy .01 to Rule 5.3, Criteria
for Underlying Securities; or (2) they must be available for creation
or redemption each business day from or through the issuer in cash or
in kind at a price related to net asset value, and the issuer must be
obligated to issue Units in a specified aggregate number even if some
or all of the investment assets required to be deposited have not been
received by the issuer, subject to the condition that the person
obligated to deposit the

investments has undertaken to deliver the investment assets as soon as
possible and such undertaking is secured by the delivery and
maintenance of collateral consisting of cash or cash equivalents
satisfactory to the issuer, as provided in the respective prospectus.
    The Exchange states that the current continued listing standards
for options on ETFs will apply to options on the ETFS Palladium Trust
and the ETFS Platinum Trust. Specifically, under Interpretation and
Policy .08 to Rule 5.4, options on Units may be subject to the
suspension of opening transactions as follows: (1) Following the
initial twelve-month period beginning upon the commencement of trading
of the Units, there are fewer than 50 record and/or beneficial holders
of the Units for 30 or more consecutive trading days; (2) the value of
the index or portfolio of securities, non-U.S. currency, or portfolio
of commodities including commodity futures contracts, options on
commodity futures contracts, swaps, forward contracts and/or options on
physical commodities and/or Financial Instruments and Money Market
Instruments on which Units are based is no longer calculated or
available; or (3) such other event occurs or condition exists that in
the opinion of the Exchange makes further dealing on the Exchange
inadvisable.
    Additionally, the ETFS Palladium Trust and the ETFS Platinum Trust
shall not be deemed to meet the requirements for continued approval,
and the Exchange shall not open for trading any additional series of
option contracts of the class covering the ETFS Palladium Trust and the
ETFS Platinum Trust, if the ETFS Palladium Trust and the ETFS Platinum
Trust ceases to be an ``NMS stock'' as provided for in paragraph (f) of
Interpretation and Policy .01 of Rule 5.4 or the ETFS Palladium Trust
and the ETFS Platinum Trust is halted from trading on its primary
market.
    The addition of the ETFS Palladium Trust and the ETFS Platinum
Trust to Interpretation and Policy .06 to Rule 5.3 will not have any
effect on the rules pertaining to position and exercise limits \7\ or
margin.\8\
---------------------------------------------------------------------------

    \7\ See Rules 4.11, Position Limits, and 4.12, Exercise Limits.
    \8\ See Rule 12.3, Margin Requirements.
---------------------------------------------------------------------------

    The Exchange represents that its surveillance procedures applicable
to trading in options on the ETFS Palladium Trust and the ETFS Platinum
Trust will be similar to those applicable to all other options on other
Units currently traded on the Exchange. The Exchange represents that
its surveillance procedures applicable to trading in options on the
ETFS Palladium Trust and the ETFS Platinum Trust will be similar to
those applicable to all other options on other ETFs currently traded on
the Exchange. Also, the Exchange may obtain information from the New
York Mercantile Exchange, Inc. (``NYMEX'') (a member of the Intermarket
Surveillance Group) related to any financial instrument that is based,
in whole or in part, upon an interest in or performance of palladium or
platinum.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) \9\ of the Act, in general, and furthers the objectives of
Section 6(b)(5) \10\ 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, and to
remove impediments to and perfect the mechanisms of a free and open
market in a manner consistent with the protection of investors and the
public interest. In particular, the Exchange believes that amending its
rules to accommodate the listing and trading of options on the ETFS
Palladium Trust and the ETFS Platinum Trust will benefit investors by
providing them with valuable risk management tools.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    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 self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2010-015 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-CBOE-2010-015. 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 Web site viewing and
printing 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 the 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-CBOE-

2010-015 and should be submitted on or before April 2, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-5315 Filed 3-11-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Notices]
[Page 51636]
[FR Doc No: 2014-20694]

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

Federal Aviation Administration

Air Traffic Procedures Advisory Committee

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public that a
meeting of the Federal Aviation Administration Air Traffic Procedures
Advisory Committee (ATPAC) will be held to review present air traffic
control procedures and practices for standardization, revision,
clarification, and upgrading of terminology and procedures.

DATES: The meeting will be held Tuesday, September 30 and Wednesday,
October 1, 2014 from 8:30 a.m. to 5:00 p.m.

ADDRESSES: The meeting will be held at the National Harbor 15 meeting
room located on Level 3 of the Gaylord National Harbor Convention
Center, 201 Waterfront Street, National Harbor, MD 20745

FOR FURTHER INFORMATION CONTACT: Ms. Heather Hemdal, ATPAC Executive
Director, 600 Independence Avenue SW., Washington, DC 20591.

SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. App.2), notice is
hereby given of a meeting of the ATPAC to be held Tuesday, September 30
and Wednesday, October 1, 2014 from 8:30 a.m. to 5:00 p.m.
    The agenda for this meeting will cover a continuation of the
ATPAC's review of present air traffic control procedures and practices
for standardization, revision, clarification, and upgrading of
terminology and procedures. It will also include:

1. Call for Safety Items
2. Approval of minutes of the previous meeting
3. Introduction of New Areas of Concern or Miscellaneous items
4. Items of Interest
5. Status updates to existing Areas of Concern
6. Discussion and agreement of location and dates for subsequent
meetings.

    Attendance is open to the interested public but limited to space
available. With the approval of the Chairperson, members of the public
may present oral statements at the meeting. Persons desiring to attend
and persons desiring to present oral statement should notify Ms.
Heather Hemdal no later than September 23, 2014. Any member of the
public may present a written statement to the ATPAC at any time at the
address given above.

    Issued in Washington, DC, on August 21, 2014.
Maurice Hoffman,
Acting Executive Director, Air Traffic Procedures Advisory Committee.
[FR Doc. 2014-20694 Filed 8-28-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Notices]
[Pages 7721-7722]
[FR Doc No: 2021-02062]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 539-015]

Lock 7 Hydro Partners, LLC; Notice Soliciting Scoping Comments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 539-015.
    c. Date Filed: April 30, 2020.
    d. Applicant: Lock 7 Hydro Partners, LLC (Lock 7 Hydro).
    e. Name of Project: Mother Ann Lee Hydroelectric Station Water
Power Project (Mother Ann Lee Project).
    f. Location: The project is located on the Kentucky River in
Mercer, Jessamine, and Garrard Counties, Kentucky. The project does not
occupy federal land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: David Brown Kinloch, Lock 7 Hydro, 414 S
Wenzel St., Louisville, Kentucky 40204;<PHONE_NUMBER> or
<EMAIL_ADDRESS>    i. FERC Contact: Joshua Dub at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing scoping comments: February 25, 2021.
    The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. All filings must clearly identify the project name and
docket number on the first page: Mother Ann Lee Project (P-539-015).
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. The application is not ready for environmental analysis at this
time.
    l. The Mother Ann Lee Project consists of the following existing
facilities: (1) A reservoir with a surface area of 777 acres and a
storage capacity of 5,828 acre-feet at elevation 513.12 NGVD 29
(National Geodetic Vertical Datum of 1929); (2) a 250-foot-long, 15.3-
foot-high, timber crib dam with a concrete cap and an abandoned 62-
foot-long lock structure on the east side; (3) a 120-foot-long, 100-
foot-wide forebay; (4) a 24-foot-tall, 84-foot-wide trashrack; (5) a
93-foot-long, 25-foot-wide, 16-foot-high powerhouse integral with the
dam containing three generating units with a total installed capacity
of 2,210 kilowatts; (6) a 30-foot-long, 15.3-foot-high concrete
spillway section from the powerhouse to the west shore; (7) an 85-foot-
long substation; and (8) a 34.5 kilovolt, 4,540-foot-long transmission
line. The project is estimated to generate an average of 9,200
megawatt-hours annually.
    m. 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 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 FERC at<EMAIL_ADDRESS>or
call toll-free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
    n. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. Scoping Process: Commission staff will prepare either an
environmental assessment (EA) or an Environmental Impact Statement
(EIS) that describes and evaluates the probable effects, if any, of the
licensee's proposed action and alternatives. The EA or EIS will
consider environmental impacts and reasonable alternatives to the
proposed action. The Commission's scoping process will help determine
the required level of analysis and satisfy the NEPA scoping
requirements, irrespective of whether the Commission prepares an EA or
an EIS. Due to restrictions on mass gatherings related to COVID-19, we
do not intend to conduct a public scoping meeting and site visit in
this case. Instead, we are soliciting written comments and suggestions
on the preliminary list of issues and alternatives to be addressed in
the NEPA document, as described in scoping document 1 (SD1), issued
January 26, 2021.
    Copies of the SD1 outlining the subject areas to be addressed in
the NEPA document were distributed to the parties on the Commission's
mailing list and the applicant's distribution list. Copies of SD1 may
be viewed on the web at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, call 1-866-
208-3676 or for TTY,<PHONE_NUMBER>.

    Dated: January 26, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-02062 Filed 1-29-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 15, 2007 (Volume 72, Number 220)]
[Notices]
[Page 64270-64273]
[DOCID:fr15no07-118]

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

Federal Aviation Administration

Notice of Passenger Facility Charge (PFC) Approvals and
Disapprovals

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Monthly Notice of PFC Approvals and Disapprovals. In October
2007, there were nine applications approved. This notice also includes
information on two applications, approved in September 2007,
inadvertently left off the September 2007 notice. Additionally, 14
approved amendments to previously approved applications are listed.

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

SUMMARY: The FAA publishes a monthly notice, as appropriate, of PFC
approvals and disapprovals under the provisions of the Aviation Safety
and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget
Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the
Federal Aviation Regulations (14 CFR part 158). This notice is
published pursuant to paragraph (d) of Sec.  158.29.

PFC Applications Approved

    Public Agency: City of Phoenix, Arizona.
    Application Number: 07-08-C-00-PHX.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $202,200,000.
    Earliest Charge Effective Date: August 1, 2008.
    Estimated Charge Expiration Date: August 1, 2010.

Class of Air Carriers Not Required To Collect PFC's

    (1) Non-scheduled, on-demand air carriers filing FAA Form 1800-31;
(2) commuters or small certificated air carriers filing Department of
Transportation Form 298--C T1 or E1 with less than 7,500 annual
enplanements at Phoenix Sky Harbor International Airport (PHX); (3)
large certificated air carriers filing Research and Special Programs
Administration (RSPA) Form T-100 with less than 7,500 annual
enplanements at PHX; and (4) foreign air carriers filing RSPA Form T-
100(f) with less than 7,500 annual enplanements at PHX.

    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that each approved
class accounts for less than 1 percent of the total annual enplanements
at PHX.
    Brief description of projects approved for collection and use at a
$4.50 PFC Level:
    Taxiway improvements.
    Noise mitigation program.
    Security improvements.
    Brief Description of projects approved for collection and use at a
$3.00 PFC level:
    Improved terminal facilities.
    Passenger information and paging system.
    Decision Date: September 27, 2007.

FOR FURTHER INFORMATION CONTACT: Kimchi Hoang, Los Angeles Airports
District Office,<PHONE_NUMBER>.
    Public Agency: City of Chicago Department of Aviation, Chicago,
Illinois.
    Application Number: 07-20-C-00-ORD.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total PFC Revenue Approved in This Decision: $53,983,000.
    Earliest Charge Effective Date: May 1, 2024.
    Estimated Charge Expiration Date: October 1, 2024.
    Class of Air Carriers Not Required To Collect PFC's: Air taxi.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Chicago O'Hare International Airport.
    Brief Description of Projects Partially Approved for Collection and
Use at a $3.00 PFC Level:
    Airport access road improvements.
    Determination: After reviewing the information provided by the
public agency, the FAA determined that portions of the roadways
included in the project description are ineligible for PFC funding.
    Airport transit system vehicle acquisition and system improvements.
    Determination: After reviewing the materials provided by the public
agency, the FAA determined there was a mathematical error in the cost
estimate. Due to this error, the approved amount is less than the
requested amount.
    Decision Date: September 28, 2007.

FOR FURTHER INFORMATION CONTACT: Amy Hanson, Chicago Airports District
Office,<PHONE_NUMBER>.
    Public Agency: City of San Antonio, Texas.
    Application Number: 07-05-C-00-SAT.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $24,265,453.
    Earliest Charge Effective Date: March 1, 2018.
    Estimated Charge Expiration Date: March 1, 2019.
    Class of Air Carriers Not Required To Collect PFC's:
    Part 135 on demand/air taxi operators filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at San Antonio International Airport.
    Brief Description of Projects Approved for Collection and Use at a
$3.00 PFC Level:
    Runway 21 extension (1,000 feet) and associated development.
    Taxiway R extension.
    Brief Description of Projects Approved for Collection and Use At a
$5.50 PFC Level:
    Terminal 1 modifications.
    Runway safety action team improvements.
    Decision Date: October 4, 2007.

FOR FURTHER INFORMATION CONTACT: Guillermo Villalobos, Texas Airports
District Office,<PHONE_NUMBER>.
    Public Agency: County of Okaloosa, Valparaiso, Florida.
    Application Number: 07-03-C-00-VPS.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $1,143,526.
    Earliest Charge Effective Date: December 1, 2019.
    Estimated Charge Expiration Date: July 1, 2020.
    Class of Air Carriers Not Required To Collect PFC's:
    Air taxi/commercial operators.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Okaloosa Regional Airport (VPS).
    Brief Description of Projects Approved for Collection at VPS and
Use at VPS:
    East access, site development, and site utilities.
    Construct cargo/maintenance building.
    Expand terminal apron.
    Relocate fuel farm.
    Design terminal baggage and gate expansion.
    Install backup emergency generator.
    PFC program and administration costs.
    Brief Description of Project Approved for Collection at VPS and Use
at VPS, CEW, and Destin-Fort Walton Beach Airport:
    Master Plan Updates.
    Brief Description of Project Partially Approved for Collection at
VPS and Use at Crestview/Bob Sikes Airport (CEW):
    Rehabilitate runway 17/35 (phases 1, 2, and 3).
    Determination: The FAA determined that only 6,500 feet of the
runway length is eligible. Therefore, the approved amount is less than
that requested by the public agency.
    Decision Date: October 5, 2007.

FOR FURTHER INFORMATION CONTACT: Susan Moore, Orlando airports District
Office,<PHONE_NUMBER> extension 120.
    Public Agency: Palm Beach Board of County Commissioners, West Palm
Beach, Florida.
    Application Number: 07-09-C-00-PBI.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $22,283,317.
    Charge Effective Date: July 1, 2008.
    Estimated Charge Expiration Date: October 1, 2010.
    Class of Air Carriers Not Required to Collect PFC's:
    Air taxi/commercial operators filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Palm Beach International Airport.
    Brief Description of Projects Approved for Collection and Use at a
$4.50 PFC Level:
    Extension of taxiway L.
    Extension of taxiway F.
    Replace two fire rescue vehicles.
    Navigational aid relocation study.
    Brief Description of Project Approved for Collection for Future Use
at a $4.50 PFC Level:
    Land acquisition.
    Decision Date: October 9, 2007.

FOR FURTHER INFORMATION CONTACT: Susan Moore, Orlando Airports District
Office,<PHONE_NUMBER>, extension 120.
    Public Agency: County of Jefferson, Beaumont, Texas.
    Application Number: 07-06-C-00-BPT.

    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $525,062.
    Charge Effective Date: November 1, 2008.
    Estimated Charge Expiration Date: February 1, 2012.
    Class of Air Carriers Not Required to Collect PFC's:
    None.
    Brief Description of Projects Approved for Collection and Use:
    Airfield equipment.
    Apron F rehabilitation.
    Airfield pavement joint rehabilitation.
    Runway 12/30 rehabilitation (phase 1).
    Airfield drainage system improvements.
    Airfield electrical upgrades.
    PFC application and administration fees.
    Pavement maintenance plan.
    Decision Date: October 9, 2007.

FOR FURTHER INFORMATION CONTACT:  Ben Guttery, Texas Airports
Development Office,<PHONE_NUMBER>.
    Public Agency: Toledo-Lucas County Port Authority, Toledo, Ohio.
    Application Number: 07-05-C-00-TOL.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved In This Decision: $1,492,000.
    Charge Effective Date: December 1, 2007.
    Estimated Charge Expiration Date: December 1, 2010.
    Class of Air Carriers Not Required To Collect PFC's: Non-scheduled/
on-demand air carriers filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Toledo Express Airport.
    Brief Description of Projects Approved for Collection and Use:
    Terminal improvements and reimbursement.
    Rehabilitation of B-6, B-9, B-11, and B-1 design and construction.
    Relocation of taxiway November design.
    Rehabilitate runway 16/34 design.
    Conduct airfield electrical master plan.
    Acquire snow removal equipment.
    Purchase of a vacuum truck/spill prevention.
    Cargo deicing recovery system.
    Decision Date: October 11, 2007.

FOR FURTHER INFORMATION CONTACT: Irene Porter, Detroit Airports
District Office,<PHONE_NUMBER>.
    Public Agency: Kent County Department of Aeronautics, Grand Rapids,
Michigan.
    Application Number: 07-04-C-00-GRR.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved In This Decision: $5,525.000.
    Charge Effective Date: March 1, 2032.
    Estimated Charge Expiration Date: January 1, 2033.
    Class of Air Carriers Not Required To Collect PFC's: Non-scheduled/
on-demand air carriers filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Gerald R. Ford International Airport.
    Brief Description of Projects Approved For Collection and Use:
    Passenger loading bridge replacement.
    Public address system replacement.
    Brief Description of Project Partially Approved For Collection and
Use:
    Radio system replacement.
    Determination: The FAA determined that the public agency consulted
on a different amount than the amount requested. Therefore, the FAA's
approval is limited to the amount discussed in the air carrier
consultation and public notice.
    Decision Date: October 18, 2007.

FOR FURTHER INFORMATION CONTACT: Jason Watt, Detroit Airports District
Office,<PHONE_NUMBER>.
    Public Agency: Kent County Department of Aeronautics, Grand Rapids,
Michigan.
    Application Number: 07-05-U-00-GRR.
    Application Type: Use PFC revenue.
    PFC Level: $4.50
    Total PFC Revenue To Be Used In This Decision: $2,129,985.
    Charge Effective Date: October 1, 2016.
    Estimated Charge Expiration Date: April 1, 2018.
    Class of Air Carriers Not Required To Collect PFC's: No change from
previous decision.
    Brief Description of Project Approved For Use: Terminal B concourse
expansion.
    Decision Date: October 18, 2007.

FOR FURTHER INFORMATION CONTACT: Jason Watt, Detroit Airports District
Office,<PHONE_NUMBER>.
    Public Agency: Coos County Airport District, North Bend, Oregon.
    Application Number: 07-08-C-00-OTH.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved In This Decision: $403,360.
     Earliest Charge Effective Date: January 1, 2011.
    Estimated Charge Expiration Date: July 1, 2014.
    Class of Air Carriers Not Required To Collect PFC's: Non-scheduled
air taxi/commercial operators filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Southwest Oregon Regional Airport.
    Brief Description of Project Approved for Collection and Use:
Relocation of taxiway C.
    Decision Date: October 19, 2007.

FOR FURTHER INFORMATION CONTACT: Trang Tran, Seattle Airports District
Office,<PHONE_NUMBER>.
    Public Agency: Los Angeles County World Airports, Los Angeles,
California
    Application Number: 07-06-C-00-LAX.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved In This Decision: $85,000,000.
     Earliest Charge Effective Date: October 1, 2009.
    Estimated Charge Expiration Date: July 1, 2010.
    Class of Air Carriers Not Required To Collect PFC's: All non-
scheduled/on-demand air taxi/commercial operators.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Los Angeles International Airport.
    Brief Description of Project Approved for Collection and Use at a
$4.50 PFC Level:
    Los Angeles residential soundproofing--phase II.
    Noise mitigation program in other local jurisdictions--phase II.
    Decision Date: October 19, 2007.

FOR FURTHER INFORMATION CONTACT: Ruben Cabalbag, Los Angeles Airports
District Office,<PHONE_NUMBER>.

                                           Amendments to PFC Approvals
----------------------------------------------------------------------------------------------------------------
                                                                                Original         Amended
                                     Amendment       Original         Amended        estimated       estimated
    Amendment No. city, state      approved date   approved net    approved net     charge exp.     charge exp.
                                                    PFC revenue     PFC revenue        date            date
----------------------------------------------------------------------------------------------------------------
98-03-C-03-TLH, Tallahassee, FL.        09/27/07      $6,848,783      $3,770,045        10/01/02        10/01/02
93-01-C-04-GEG, Spokane, WA.....        10/12/07      12,594,838       9,283,006        04/01/98        04/01/98
93-01-C-04-TPA, Tampa, FL.......        10/15/07     133,682,614     145,316,784        04/01/01        04/01/01
94-02-U-03-TPA, Tampa, FL.......        10/15/07              NA              NA        04/01/01        04/01/01
97-03-C-01-TPA, Tampa, FL.......        10/16/07      25,540,952      25,460,336        06/01/02        06/01/02
02-05-C-01-TPA, Tampa, FL.......        10/17/07     135,782,200     152,489,574        07/01/06        07/01/06
01-05-C-03-OTH, North Bend, OR..        10/19/07         541,602         638,079        08/01/05        07/01/06
04-09-C-02-CRW, Charleston, WV..        10/19/07       6,982,402       7,609,184        03/01/11        08/01/11
03-06-C-01-TPA, Tampa, FL.......        10/23/07     298,115,400     323,388,300        09/01/13        03/01/14
98-03-C-02-EUG, Eugene, OR......        10/23/07       1,577,459       1,577,459        06/01/01        06/01/01
04-10-C-02-MKE, Milwaukee, WI...        10/23/07      11,775,601      12,025,601        04/01/18        04/01/18
06-13-C-01-MKE, Milwaukee, WI...        10/23/07      47,306,855      51,947,402        01/01/24        06/01/24
96-05-C-09-ORD, Chicago, IL.....        10/24/07     467,714,130     488,140,368        04/01/08        06/01/08
03-04-C-02-PIH, Pocatello, ID...        10/25/07         497,218         294,313        04/01/08        04/01/08
----------------------------------------------------------------------------------------------------------------

    Issued in Washington, DC, on November 6, 2007.
Joe Hebert,
Manager, Financial Analysis and Passenger Facility Charge Branch.
[FR Doc. 07-5645 Filed 11-14-07; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Notices]
[Page 66910]
[FR Doc No: 2015-27741]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-D-1167]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Guidance for Industry on Controlled
Correspondence Related to Generic Drug Development

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Guidance for Industry on
Controlled Correspondence Related to Generic Drug Development'' has
been approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On July 9, 2015, the Agency submitted a
proposed collection of information entitled ``Guidance for Industry on
Controlled Correspondence Related to Generic Drug Development'' to OMB
for review and clearance under 44 U.S.C. 3507. 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 OMB
control number. OMB has now approved the information collection and has
assigned OMB control number 0910-0797. The approval expires on
September 30, 2018. A copy of the supporting statement for this
information collection is available on the Internet at http://www.reginfo.gov/public/do/PRAMain.

    Dated: October 26, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-27741 Filed 10-29-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Notices]
[Pages 15481-15482]
[FR Doc No: 2020-05582]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-4046]

Charles Jeffrey Edwards: Final Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is issuing an
order under the Federal Food, Drug, and Cosmetic Act (the FD&C Act)
permanently debarring Charles Jeffrey Edwards from providing services
in any capacity to a person that has an approved or pending drug
product application. FDA bases this order on a finding that Mr. Edwards
was convicted, as defined in the FD&C Act, of two felony counts under
federal law for conduct that relates to the regulation of a drug
product under the FD&C Act. Mr. Edwards was given notice of the
proposed permanent debarment and was given an opportunity to request a
hearing within the timeframe prescribed by regulation to show why he
should not be debarred. As of November 15, 2019 (30 days after receipt
of the notice), Mr. Edwards had not responded. Mr. Edwards's failure to
respond and request a hearing constitutes a waiver of his right to a
hearing concerning this action.

DATES: This order is applicable March 18, 2020.

ADDRESSES: Submit applications for special termination of debarment to
the Dockets Management Staff (HFA-305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Jaime Espinosa (ELEM-4029) Division of
Enforcement, Office of Strategic Planning and Operational Policy,
Office of Regulatory Affairs, Food and Drug Administration, 12420
Parklawn Dr., Rockville, MD 20857,<PHONE_NUMBER> or at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(a)(2)(B) of the FD&C Act (21 U.S.C. 335a(a)(2)(B))
requires debarment of an individual from providing services in any
capacity to a person that has an approved or pending drug product
application if FDA finds that the individual has been convicted of a
felony under Federal law for conduct relating to the regulation of any
drug product under the FD&C Act. On July 20, 2018, Mr. Edwards was
convicted as defined in section 306(l)(1)(A) of the FD&C Act when
judgment was entered against Mr. Edwards in the U.S. District Court for
the Middle District of Tennessee, Nashville Division, after his plea of
guilty, to one count of mail fraud in violation of 18 U.S.C. 1341 and
one count of money laundering in violation of 18 U.S.C. 1957.
    The factual basis for these convictions is as follows: as contained
in Counts 2 and 27 of the Indictment, filed on January 17, 2013, to
which Mr. Edwards pleaded guilty, from December 2006 through August
2009, Mr. Edwards, along with others, through Cumberland Distribution,
Inc. (Cumberland), a company Mr. Edwards co-owned, was engaged in
wholesale distribution of prescription drugs as defined by section
505(e) of the FD&C Act (21 U.S.C. 355(e)). Cumberland purchased
millions of dollars of prescription drugs from unlicensed drug
suppliers who were not authorized to distribute drugs under section 503
of the FD&C Act (21 U.S.C. 353). Mr. Edwards knew that these unlicensed
suppliers often procured drugs from street level drug diverters who had
obtained the drugs from persons with legitimate prescriptions. On many
occasions, Mr. Edwards had drugs shipped to his shell companies, which
Mr. Edwards used as passthroughs to create the appearance that his
company was purchasing drugs from licensed suppliers, when in fact Mr.
Edwards was purchasing drugs from unlicensed suppliers. Afterwards, Mr.
Edwards had these drugs shipped to Cumberland's Nashville warehouse
where they were repackaged and shipped to independent pharmacies around
the country. Mr. Edwards also directed Cumberland employees to create
false pedigree documents to make it appear that the diverted drugs were
purchased from authorized sellers. The diverted drugs included drugs
used to combat human immunodeficiency virus/acquired immunodeficiency
syndrome; antipsychotic medications; antidepressants; blood pressure
medications; diabetes medications, among others. Through the course of
this scheme, Mr. Edwards' company had gross proceeds of approximately
$58,984,912. Mr. Edwards and two others obtained profits of
approximately $14,689,782.
    As a result of these convictions, FDA sent Mr. Edwards by certified
mail on October 9, 2019, a notice proposing to permanently debar him
from providing services in any capacity to a person that has an
approved or pending drug product application. The proposal was based on
a finding, under section 306(a)(2)(B) of the FD&C Act, that Mr. Edwards
was convicted of two felonies under Federal law for conduct relating to
the regulation of a drug product under the FD&C Act. The proposal also
offered Mr. Edwards an opportunity to request a hearing, providing him
30 days from the date of receipt of the letter in which to file the
request, and advised him that failure to request a hearing constituted
an election not to use the opportunity for a hearing and a waiver of
any contentions concerning this action. Mr. Edwards received the
proposal on October 16, 2019. Mr. Edwards did not request a hearing
within the timeframe prescribed by regulation and has, therefore,
waived his opportunity for a hearing and any contentions concerning his
debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Assistant Commissioner, Office of Human and Animal
Food Operations, under section 306(a)(2)(B) of the FD&C Act, under
authority delegated to the Assistant Commissioner, finds that Mr.
Edwards has been convicted of two felonies under Federal law for
conduct otherwise relating to the regulation of a drug product under
the FD&C Act.
    As a result of the foregoing finding, Mr. Edwards is permanently
debarred from providing services in any capacity to a person with an
approved or pending drug product application, effective (see DATES)
(see sections 306(a)(2)(B) and 306(c)(2)(A)(ii) of the FD&C Act). Any
person with an approved or pending drug product application who
knowingly employs or retains as a consultant or contractor, or
otherwise uses the services of Mr. Edwards, in any capacity during his
debarment, will be subject to civil money penalties (section 307(a)(6)
of the FD&C Act (21 U.S.C. 335b(a)(6))). If Mr. Edwards provides
services in any capacity to a person with an approved or pending drug
product application during his period of debarment he will be subject
to civil money penalties (section 307(a)(7) of the FD&C Act). In
addition, FDA will not accept or review any abbreviated new drug
applications from Mr. Edwards during his period of debarment, other
than in connection with an audit under section 306 of the FD&C Act
(section 306(c)(1)(B) of the FD&C Act). Note that, for purposes of
section 306 of the FD&C Act, a ``drug product'' is defined as a ``drug
subject to regulation under section 505, 512, or 802 of this Act [(21
U.S.C. 355, 360b, 382)] or under section 351 of the Public Health
Service Act [(42 U.S.C. 262)]''

(section 201(dd) of the FD&C Act (21 U.S.C. 321(dd)).
    Any application by Mr. Edwards for special termination of debarment
under section 306(d)(4) of the FD&C Act should be identified with
Docket No. FDA-2019-N-4046 and sent to the Dockets Management Staff
(see ADDRESSES). All such submissions are to be filed in four copies
(21 CFR 10.20(a)). The public availability of information in these
submissions is governed by 21 CFR 10.20.
    Publicly available submissions may be seen in the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: March 12, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-05582 Filed 3-17-20; 8:45 am]
 BILLING CODE 4164-01-P