[Federal Register: July 8, 2009 (Volume 74, Number 129)]
[Notices]
[Page 32657-32660]
[DOCID:fr08jy09-117]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60186; File No. SR-NASDAQ-2009-056]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of a Proposed Rule Change To Adopt Rules To Implement
the Options Order Protection and Locked/Crossed Market Plan

June 29, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 23, 2009, 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. 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

    The Exchange proposes to adopt rules to implement the Options Order
Protection and Locked/Crossed Market Plan (the ``Plan''), and to delete
provisions which will no longer be applicable following adoption of the
Plan. The text of the proposed rule change is available at http://
nasdaqomx.cchwallstreet.com/, at NASDAQ's principal office, and at the
Commission's Public Reference Room.

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
    On May 7, 2008, NASDAQ filed an executed copy of the Options Order
Protection and Locked/Crossed Market Plan (``Plan''), joining all other
approved options markets in proposing the Plan. The Plan requires each
options exchange to adopt rules implementing various requirements
specified in the Plan. This proposal is designed to fulfill that
obligation.
Background
    The Plan will replace the current Plan for the Purpose of Creating
and Operating an lntermarket Option Linkage (``Linkage Plan''). That
plan requires its participant exchanges to operate a stand-alone system
or ``Linkage'' for sending order-flow between exchanges to limit trade-
throughs. The Options Clearing Corporation (``OCC [sic]) operates the
Linkage system (the ``System''). The Linkage rules provide for unique
types of Linkage orders, with a complicated set of requirements as to
who may send such orders and under what conditions. Before a market
maker can trade through another exchange's quote, it first must send a
Linkage order and then wait three seconds for a response.
    While the Linkage largely has operated satisfactorily, it is under
significant strain. When the Commission approved the Linkage Plan in
2000, average daily volume (``ADV'') in the options market was
approximately 2.6 million contracts across all exchanges. Now the ADV
has increased four-fold to more than 10.8 million contracts, putting
added strain on the ability of market makers to comply with the complex
Linkage rules. At the same time, the options markets have been moving
towards quoting in pennies. This greatly increases the number of price
changes in an option, giving rise to greater chances of trade-throughs
and missing markets as market makers send Linkage orders and have to
wait three seconds for a response.
    Based upon experience in the equities markets following the
adoption of Regulation NMS in 2005, the options exchanges have
determined to replace

the System with the Plan providing for a set of rules and procedures
designed to avoid trade-throughs and locked markets. The key to
Regulation NMS's price-protection provisions is the lntermarket Sweep
Order, or ISO. Each equity exchange must adopt rules ``reasonably
designed to prevent trade-throughs.'' Exempted from trade-through
liability is an ISO, which is an order a member sends to an exchange
displaying a price inferior to the national best bid and offer
(``NBBO''), while simultaneously sending orders to trade against the
full size of any other exchange that is displaying the NBBO. A simple
prohibition against most trade-throughs, coupled with the ISO
mechanism, has given the equities markets a straight-forward system to
provide customers with price protection in a fast-moving, high-volume
market that is quoted in pennies.
    The Proposed New Definitions. The proposed Plan incorporates a
number of defined terms, some identical to definitions from the
existing Linkage Plan and others that have been developed along with
the proposed Plan itself. Accordingly, NASDAQ is proposing to adopt new
Chapter XII, Section 1 which sets forth the defined terms for use under
the proposed Plan.
    The Proposed Trade-Through Rule. The Plan essentially would apply
the Regulation NMS price-protection provisions to the options markets.
Similar to Regulation NMS, the Plan would require participants to adopt
rules ``reasonably designed to prevent Trade-Throughs,'' while
exempting ISOs from that prohibition.
    Accordingly, Nasdaq is proposing to adopt new Chapter XII, Section
2 which codifies the requirement that Nasdaq and other Plan
participants avoid trading through superior prices on other markets.
Nasdaq is also proposing to add an ISO order in Chapter VI, Section
1(e)(7) based upon the ISO order that Nasdaq currently uses for
compliance with Regulation NMS when trading equities. The ISO order
will be exempt from the prohibition against trading throughs. In
addition, Nasdaq proposes to add several additional exceptions to the
trade-through prohibition that track the exceptions under Regulation
NMS or correspond to unique aspects of the options market,'' [sic] or
both. Specifically:
     System Issues: Section 2(b)(1) of the NOM Rules tracks
Section 5(b)(i) of the Plan which corresponds to the system-failure
exception in Regulation NMS \3\ for equity securities and permits
trading through an Eligible Exchange that is experiencing system
problems.
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    \3\ See Rule 611(b)(1) under the Exchange Act.
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     Trading Rotations: Section 2(b)(2) of the NOM Rules tracks
Section 5(b)(ii) of the Plan which carries forward the current Trade-
Through exception in the Old Plan \4\ and is the options equivalent to
the single price opening exception in Regulation NMS for equity
securities.\5\ Some Options exchanges (other than NOM) use a trading
rotation to open an option for trading, or to reopen an option after a
trading halt. The rotation is effectively a single price auction to
price the option and there are no practical means to include prices on
other exchanges in that auction.
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    \4\ See Linkage Plan Section 8(c)(iii)(E).
    \5\ See Rule 611(b)(3) under the Exchange Act.
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     Crossed Markets: Section 2(b)(3) of the NOM Rules tracks
Section 5(b)(iii) of the Plan which corresponds to the crossed quote
exception in Regulation NMS for equity securities.\6\ If a Protected
Bid is higher than a Protected Offer, it indicates that there is some
form of market dislocation or inaccurate quoting. Permitting
transactions to be executed without regard to Trade-Throughs in a
Crossed Market will allow the market to quickly return to equilibrium.
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    \6\ See Rule 611(b)(4) under the Exchange Act.
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     Intermarket Sweep Orders (``ISOs''): These two exceptions
correspond to the ISO exceptions in Regulation NMS for equity
securities.\7\ Section 2(b)(4) of the NOM Rules tracks Section 5(b)(iv)
of the Plan which permits a Participant to execute orders it receives
from other Participants or members that are marked as ISO even when it
is not at the NBBO. Section 2(b)(5) of the NOM Rules tracks Section
5(b)(v) of the Plan which allows a Participant to execute inbound
orders when it is not at the NBBO, provided it simultaneously
``sweeps'' all better-priced interest displayed by Eligible Exchanges.
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    \7\ See Rule 611(b)(5) and (6) under the Exchange Act.
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     Quote Flickering: Section 2(b)(6) of the NOM Rules tracks
Section 5(b)(vi) of the Plan which corresponds to the flickering quote
exception in Regulation NMS for equity securities.\8\ Options
quotations change as rapidly, if not more rapidly, than equity
quotations. Indeed, they track the price of the underlying security and
thus change when the price of the underlying security changes. This
exception provides a form of ``safe harbor'' to market participants to
allow them to trade through prices that have changed within a second of
the transaction causing a nominal Trade-Through.
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    \8\ See Rule 611(b)(8) under the Exchange Act.
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     Non-Firm Quotes: Section 2(b)(7) of the NOM Rules tracks
Section 5(b)(vii) of the Plan which carries forward the current non-
firm quote Trade-Through exception in the Old Plan.\9\ By definition,
an Eligible Exchange's quotations may not be firm for automatic
execution during this trading state and thus should not be protected
from Trade-Throughs. In effect, these quotations are akin to ``manual
quotations'' under Regulation NMS.
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    \9\ See Linkage Plan Section 8(c)(iii)(C).
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     Complex Trades: Section 2(b)(8) of the NOM Rules tracks
Section 5(b)(viii) of the Plan which carries forward the current
complex trade exception in the Old Plan \10\ and will be implemented
through rules adopted by the Participants and approved by the
Commission. Complex trades consist of multiple transactions (``legs'')
effected at a net price, and it is not practical to price each leg at a
price that does not constitute a Trade-Through. Narrowly-crafted
implementing rules will ensure that this exception does not undercut
Trade-Through protections.
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    \10\ See Linkage Plan Section 8(c)(iii)(G).
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     Customer Stopped Orders: Section 2(b)(9) of the NOM Rules
tracks Section 5(b)(ix) of the Plan which corresponds to the customer
stopped order exception in Regulation NMS for equity securities.\11\ It
permits broker dealers to execute large orders over time at a price
agreed upon by a customer, even though the price of the option may
change before the order is executed in its entirety.\12\
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    \11\ See Rule 611(b)(9) under the Exchange Act.
    \12\ For a further discussion on how this exemption operates,
see Regulation NMS Adopting Release, Exchange Act Release No. 51808
(June 9, 2005) at notes 322-325.
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     Stopped Orders and Price Improvement: Section 2(b)(10) of
the NOM Rules tracks Section 5(b)(xi) of the Plan which would apply if
an order is stopped at price that did not constitute a Trade-Through at
the time of the stop. In this case, an exchange could seek price
improvement for that order, even if the market moves in the interim,
and the transaction ultimately is effected at a price that would trade
through the then currently-displayed market.
     Benchmark Trades: Section 2(b)(11) of the NOM Rules tracks
Section 5(b)(xii) of the Plan which would cover trades executed at a
price not tied to the price of an option at the time of execution, and
for which the material terms were not reasonably determinable at the
time of the commitment to make the trade. An example would be a volume-
weighted average price trade, or

``VWAP.'' This corresponds to a Trade-Through exemption in Regulation
NMS for equity trades.\13\ NOM does not currently permit these types of
options trades, and any transaction-type relying on this exemption
would require NOM to adopt implementing rules, subject to Commission
review and approval.
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    \13\ See Rule 611(b)(7) under the Exchange Act.
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    The Proposed Locked and Crossed Markets Rule. Similar to Regulation
NMS, the Plan requires its participants to adopt, maintain and enforce
rules requiring members: To avoid displaying locked and crossed
markets; to reconcile such markets; and to prohibit members from
engaging in a pattern or practice of displaying locked and crossed
markets. These provisions are subject to exceptions that are contained
in the rules of each participant and that are to be approved by the
Commission.
    Accordingly, NASDAQ has proposed to adopt Chapter XII, Section 3 of
the NOM rules which would set forth the general prohibition against
locking/crossing other eligible exchanges as well as several exceptions
that the Plan participants approved that permit locked markets in
limited circumstances. Specifically, the exceptions to the general
prohibition on locking and crossing occur when (1) the locking or
crossing quotation was displayed at a time when the Exchange was
experiencing a failure, material delay, or malfunction of its systems
or equipment; (2) the locking or crossing quotation was displayed at a
time when there is a Crossed Market; or (3) the Member simultaneously
routed an ISO to execute against the full displayed size of any locked
or crossed Protected Bid or Protected Offer.
    NOM Routing Arrangements. NASDAQ is proposing to rely upon the
order routing arrangements already in place on its market
    Proposed Temporary Linkage Rule. NASDAQ also proposes to adopt
Chapter XII, Section 4 which provides that the Exchange will continue
to accept Principal Acting as Agent (``P/A'') and Principal Orders from
options exchanges that continue to use such orders to address trade-
throughs. [sic] via the existing linkage for a temporary period. NASDAQ
is also proposing to modify Chapter VII, Section 5 to clarify the
obligations of market makers to honor all trades routed pursuant to
proposed Chapter XII of the NOM rules, regardless of whether it is
routed via the Linkage or through a private linkage arrangement.
    Miscellaneous. NASDAQ is making several miscellaneous minor changes
to its rules in connection with the new Plan. Specifically, NASDAQ is
proposing modifications to Chapter IV, Section 5 to remove unnecessary
references to the existing Linkage Plan, and also to Chapter 7, Section
5 to remove references to ``P/A'' orders and also to the existing
Linkage Plan.
    Fees. The Exchange is proposing no changes to the fees applicable
to orders routed by NOM to away markets. The fee is the same whether
the order is routed to NOM from an away market via the linkage or via a
private routing arrangement. NASDAQ is retaining references to the
current Linkage in NASDAQ Rule 7050(1) to assess fees for orders sent
to NASDAQ via the Linkage during the temporary period.
    Implementation. NASDAQ proposes to implement this proposed rule
change upon withdrawal from the current Linkage Plan and effectiveness
of the new Plan. Implementation is currently scheduled for August 31,
2009.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\14\ in general, and with
Sections 6(b)(5) of the Act,\15\ in particular. The proposal is
consistent with Section 6(b)(5) 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 regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. In particular, the Exchange
believes that adopting rules that implement the Plan will facilitate
the trading of options in a national market system by establishing more
efficient protection against trade-throughs and locked and crossed
markets.
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    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(4), (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 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-2009-056 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-NASDAQ-2009-056. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than

those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at the principal office of the self-regulatory
organization. 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-2009-056 and should be submitted on or before July 29, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-15991 Filed 7-7-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: August 19, 2008 (Volume 73, Number 161)]
[Rules and Regulations]
[Page 48294-48296]
[DOCID:fr19au08-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0642; Directorate Identifier 2008-NM-039-AD;
Amendment 39-15643; AD 2008-17-05]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 Airplanes, and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to certain EMBRAER Model EMB-135 airplanes and
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes. That AD currently requires replacing the metallic tubes
enclosing the vent and pilot valve wires in the left- and right-hand
wing fuel tanks with non-conductive hoses. This new AD adds airplanes
to the applicability of the existing AD. This AD results from fuel
system reviews conducted by the manufacturer. We are issuing this AD to
prevent an ignition source inside the fuel tank that could ignite fuel
vapor and cause a fuel tank explosion and loss of the airplane.

DATES: This AD becomes effective September 23, 2008.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of September 23,
2008.
    On July 19, 2007 (72 FR 32780, June 14, 2007), the Director of the
Federal Register approved the incorporation by reference of certain
other documents.

ADDRESSES: For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>)

is the Document Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2007-12-17, amendment
39-15095 (72 FR 32780, June 14, 2007). The existing AD applies to
certain EMBRAER Model EMB-135 airplanes and Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes. That NPRM was
published in the Federal Register on June 20, 2008 (73 FR 35098). That
NPRM proposed to continue to require replacing the metallic tubes
enclosing the vent and pilot valve wires in the left- and right-hand
wing fuel tanks with non-conductive hoses. That NPRM also proposed to
add airplanes to the applicability of the existing AD.

Comments

    We provided the public the opportunity to participate in the
development of this AD. No comments have been received on the NPRM or
on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators
to comply with this AD. The average labor rate is $80 per work hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
            Action                Work hours          Parts          Cost per       registered      Fleet cost
                                                                     airplane        airplanes
----------------------------------------------------------------------------------------------------------------
Tube replacement (required by                1  $1,121 (for               $1,201              30         $36,030
 AD 2007-12-17).                                 Model EMB-135BJ
                                                 airplanes).
                                             1  $1,788 (for                1,868             593       1,107,724
                                                 remaining
                                                 airplanes).
Tube replacement for                         1  $1,121 (for                1,201              11          13,211
 additional airplanes.                           Model EMB-135BJ
                                                 airplanes).
                                             1  $1,788 (for                1,868              75         140,100
                                                 remaining
                                                 additional
                                                 airplanes).
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-15095 (72 FR 32780, June 14, 2007) and by adding
the following new airworthiness directive (AD):

2008-17-05 Empresa Brasileira De Aeronautica S.A. (EMBRAER:
Amendment 39-15643. Docket No. FAA-2008-0642; Directorate Identifier
2008-NM-039-AD.

Effective Date

    (a) This AD becomes effective September 23, 2008.

Affected ADs

    (b) This AD supersedes AD 2007-12-17.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-135ER, -135KE, -
135KL, -135LR, and -135BJ airplanes; and all Model EMB-145, -145ER,
-145MR, -145LR, -145XR, -145MP, and -145EP airplanes; certificated
in any category.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent an ignition source
inside the fuel tank that could ignite fuel vapor and cause a fuel
tank explosion and loss of the airplane.

Compliance

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

Requirements of AD 2007-12-17 Including Additional Airplanes:

Tube Replacement

    (f) For airplanes identified in the applicable service bulletins
specified in paragraphs (f)(1) and (f)(2) of this AD: Within 5,000
flight hours or 48 months after July 19, 2007 (the effective date of
AD 2007-12-17), whichever occurs first, replace the metallic tubes
enclosing the vent and pilot valve wires in the left- and right-hand
wing fuel tanks with new, improved, non-conductive hoses, in
accordance with the Accomplishment Instructions of the service
bulletins specified in paragraph (f)(1) or (f)(2) of this AD, as
applicable.
    (1) For Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes: EMBRAER Service
Bulletin 145-28-0023, Revision 07, dated February 7, 2007.
    (2) For Model EMB-135BJ airplanes: EMBRAER Service Bulletin
145LEG-28-0018, Revision 01, dated April 20, 2005.
    (g) For Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes that are not
identified in paragraph (f)(1) of this AD: Within 5,000 flight hours
or 48 months after the effective date of this AD, whichever occurs
first, replace the metallic tubes enclosing the vent and pilot valve
wires in the left- and right-hand wing fuel tanks with new,
improved, non-conductive hoses; in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 145-28-0023,
Revision 11, dated December 4, 2007.

Credit for Actions Done Using Previous Service Information

    (h) Actions accomplished before the effective date of this AD in
accordance with the service information specified in Table 1 of this
AD are considered acceptable for compliance with the corresponding
actions of this AD.

             Table 1--Acceptable EMBRAER Service Information
------------------------------------------------------------------------
                                 Revision
 EMBRAER Service Bulletin--       level--               Dated--
------------------------------------------------------------------------
145-28-0023.................           (\1\)  April 19, 2004.
145-28-0023.................              01  June 9, 2004.
145-28-0023.................              02  November 8, 2004.
145-28-0023.................              03  April 27, 2005.
145-28-0023.................              04  November 7, 2005.
145-28-0023.................              05  May 15, 2006.
145-28-0023.................              06  October 31, 2006.
145-28-0023.................              07  February 7, 2007.
145-28-0023.................              08  May 25, 2007.
145-28-0023.................              09  July 30, 2007.
145-28-0023.................              10  October 28, 2007.
145LEG-28-0018..............           (\1\)  April 23, 2004.
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\1\ Original.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, International Branch, ANM-116, FAA, Transport
Airplane Directorate, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1175; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.

Related Information

    (j) None.

Material Incorporated by Reference

    (k) You must use the applicable service information listed in
Table 2 of this AD to perform the actions that are required by this
AD, unless the AD specifies otherwise.

               Table 2--Material Incorporated by Reference
------------------------------------------------------------------------
                                 Revision
 EMBRAER Service Bulletin--       level--               Dated--
------------------------------------------------------------------------
145LEG-28-0018..............              01  April 20, 2005.
145-28-0023.................              07  February 7, 2007.
145-28-0023.................              11  December 4, 2007.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of EMBRAER Service Bulletin 145-28-0023,
Revision 11, dated December 4, 2007, in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
    (2) On July 19, 2007 (72 FR 32780, June 14, 2007), the Director
of the Federal Register approved the incorporation by reference of
EMBRAER Service Bulletin 145-28-0023, Revision 07, dated February 7,
2007; and EMBRAER Service Bulletin 145LEG-28-0018, Revision 01,
dated April 20, 2005.
    (3) Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER),
P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for a
copy of this service information. You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-
register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 6, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-18808 Filed 8-18-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Pages 27730-27732]
[FR Doc No: 2011-11583]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64414; File No. SR-CBOE-2011-045]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the CBOE Stock Exchange Fees Schedule

May 5, 2011.
    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 April 29, 2011, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') 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 the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the CBOE Stock Exchange (``CBSX'')
Fees Schedule. The text of the proposed rule change 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    This filing proposes to make changes to the CBSX Fees Schedule. The
first change is to eliminate the symbol ``Q'' from the stocks listed in
footnote 3 which are subject to certain transaction fees. The symbol
``Q'' is being deleted because the stock is no longer available for
trading on CBSX.
    The Exchange also proposes to eliminate transaction fees and
rebates for NBBO Step-Up Trades. Such trades were only available
through CBSX's ``flash'' process. The Commission approved the deletion
of CBSX's ``flash'' rule on April 6, 2011.\3\ As such, the Exchange
proposes to delete these now-obsolete fees from the Fees Schedule.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 64200 (April 6,
2011), 76 FR 20406 (April 12, 2011) (SR-CBOE-2011-036).
---------------------------------------------------------------------------

    CBSX further proposes to modify the transaction fees for a cross
trade that is the stock component of a qualified contingent trade.
Currently, the fee is $.0010 per share, with a maximum rate of $20 per
trade. The Exchange proposes increasing the fee to $.0012 per share and
increasing the maximum rate to $25 per trade. CBSX proposes these
increases in order to better recoup costs associated with such trades.
    These changes will take effect on May 2, 2011.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (``Act''),\4\ in general, and furthers
the objectives of Section 6(b)(4) \5\ of the Act in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees, and other charges among persons using Exchange facilities.
CBSX proposes eliminating obsolete references to the symbol ``Q'' and
the fees that were only applicable to the now-nonexistent ``flash''
process from its Fees Schedule in order to avoid investor confusion.
The evasion of confusion is consistent with the objectives of Section
6(b)(5) \6\ of the Act of ensuring that the rules of the Exchange are
designed to perfect the mechanism of a free and open market and to
protect investors and the public interest. CBSX proposes increasing
transaction fees for a cross trade that is the stock component of a
qualified contingent trade to provide for the equitable allocation of
such fees in accordance of Section 6(b)(4) \7\ of the Act. The fee will
be same regardless of user, therefore ensuring that such fees are
allocated equitably and are not designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.\8\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ See supra note 5.
    \8\ This sentence was revised at the request of the Exchange.
See e-mail from Jeff Dritz, Attorney, CBOE, to Steve Kuan, Special
Counsel, Division of Trading and Markets, Commission, on May 5,
2011.
---------------------------------------------------------------------------

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The proposed rule change is designated by the Exchange as
establishing or changing a due, fee, or other charge, thereby
qualifying for effectiveness on filing pursuant to Section 19(b)(3)(A)
of the Act \9\ and subparagraph (f)(2) of Rule 19b-4 \10\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-2011-045 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-2011-045. 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 such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2011-045 and should be
submitted on or before June 2, 2011.

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

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

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-11583 Filed 5-11-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 23, 2010 (Volume 75, Number 162)]
[Notices]
[Page 51832-51833]
[DOCID:fr23au10-91]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1932-DR; Docket ID FEMA-2010-0002]

Kansas; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Kansas (FEMA-1932-DR), dated August 10, 2010,
and related determinations.

DATES: Effective Date: August 10, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated August 10, 2010, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Kansas resulting from severe storms, flooding, and tornadoes
during the period of June 7 to July 21, 2010, is of sufficient
severity and magnitude to warrant a major disaster declaration under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. 5121 et seq. (the ``Stafford Act'').
    Therefore, I declare that such a major disaster exists in the
State of Kansas.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Michael R. Scott, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Kansas have been designated as
adversely affected by this major disaster:

    The counties of Atchison, Brown, Butler, Chase, Clay, Cloud,
Comanche, Doniphan, Ellis, Franklin, Greenwood, Harvey, Jewell,
Kiowa, Lyon, Marion, Marshall, Miami, Mitchell, Morris, Norton,
Osage, Osborne, Pawnee, Phillips, Pottawatomie, Republic, Riley,
Rooks, Rush, Smith, Wabaunsee, Washington, and Woodson for Public
Assistance.
    All counties within the State of Kansas are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA);

97.046, Fire Management Assistance Grant; 97.048, Disaster Housing
Assistance to Individuals and Households In Presidentially Declared
Disaster Areas; 97.049, Presidentially Declared Disaster
Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidentially Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-20772 Filed 8-20-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Notices]
[Pages 66729-66730]
[FR Doc No: 2014-26582]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0001]

Bone, Reproductive and Urologic Drugs Advisory Committee and the
Drug Safety and Risk Management Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of an advisory
committee of the Food and Drug Administration (FDA). At least one
portion of the meeting will be closed to the public.
    Name of Committees: Bone, Reproductive and Urologic Drugs Advisory
Committee and the Drug Safety and Risk Management Advisory Committee.
    General Function of the Committees: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on December 18, 2014, from
8:30 a.m. to 5 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31
Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993-
0002. Information regarding special accommodations due to a disability,
visitor parking, and transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/default.htm; under the heading
``Resources for You,'' click on ``Public Meetings at the FDA White Oak
Campus.'' Please note that visitors to the White Oak Campus must enter
through Building 1.
    Contact Person: Kalyani Bhatt, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, Fax: 301-847-
8533, email<EMAIL_ADDRESS>or FDA Advisory Committee Information
Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). A
notice in the Federal Register about last minute modifications that
impact a previously announced advisory committee meeting cannot always
be published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.
    Agenda: The meeting will be closed to permit discussion of whether
FDA should permit further clinical development of an existing
investigational drug product, which will include the review of trade
secret and/or confidential information.
    Procedure: On December 18, 2014, from 8:30 a.m. to 9:45 a.m., the
meeting is open to the public. Interested persons may present data,
information, or views, orally or in writing, on issues pending before
the committees. Written submissions may be made to the contact person
on or before December 4, 2014. Oral presentations from the public will
be scheduled between approximately 8:45 a.m. and 9:45 a.m. Those
individuals interested in making formal

oral presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before November 24, 2014. Time allotted for each presentation may
be limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by November
25, 2014.
    Closed Committee Deliberations: On December 18, 2014, from 9:45
a.m. to 5 p.m., the meeting will be closed to permit discussion and
review of trade secret and/or confidential commercial information (5
U.S.C. 552b(c)(4)). During this session, the committees will review
data from an investigational new drug (IND) application. Information
regarding pending applications, including active INDs, is generally not
publicly available under applicable laws and regulations, including 21
CFR 312.120 and 314.430.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Kalyani Bhatt at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: November 4, 2014.
Jill Hartzler Warner,
Associate Commissioner for Special Medical Programs.
[FR Doc. 2014-26582 Filed 11-7-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Notices]
[Pages 23702-23703]
[FR Doc No: 2018-10825]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4362-DR; Docket ID FEMA-2018-0001]

Alabama; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Alabama (FEMA-4362-DR), dated April 26, 2018,
and related determinations.

DATES: The declaration was issued April 26, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 26, 2018, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Alabama resulting from severe storms and tornadoes during the
period of March 19-20, 2018, is of sufficient severity and magnitude
to warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of Alabama.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and Public
Assistance in the designated areas and Hazard Mitigation throughout
the State. Consistent with the requirement that Federal assistance
be supplemental, any Federal funds provided under the Stafford Act
for Hazard Mitigation and Other Needs Assistance will be limited to
75 percent of the total eligible costs. Federal funds provided under
the Stafford Act for Public Assistance also will be limited to 75
percent of the total eligible costs, with the exception of projects
that meet the eligibility criteria for a higher Federal cost-sharing
percentage under the Public Assistance Alternative Procedures Pilot
Program for Debris Removal implemented pursuant to section 428 of
the Stafford Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Thomas J. McCool, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Alabama have been designated as
adversely affected by this major disaster:

    Calhoun, Cullman, and Etowah Counties for Individual Assistance.
    Calhoun, Cullman, Etowah, and St. Clair Counties for Public
Assistance.
    All areas within the State of Alabama are eligible for
assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-10825 Filed 5-21-18; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Notices]
[Page 51138]
[DOCID:fr18au10-167]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62688; File Nos. SR-BATS-2010-018; SR-BX-2010-044; SR-
CBOE-2010-065; SR-CHX-2010-14; SR-EDGA-2010-05; SR-EDGX-2010-05; SR-
FINRA-2010-033; SR-ISE-2010-66; SR-NYSE-2010-49; SR-NYSEAmex-2010-63;
SR-NYSEArca-2010-61; SR-NASDAQ-2010-079; SR-NSX-2010-08]

Self-Regulatory Organizations; BATS Exchange, Inc.; Chicago Board
Options Exchange, Incorporated; Chicago Stock Exchange, Inc.; EDGA
Exchange, Inc.; EDGX Exchange, Inc.; Financial Industry Regulatory
Authority, Inc.; International Securities Exchange LLC; NASDAQ OMX BX,
Inc.; The NASDAQ Stock Market LLC; National Stock Exchange, Inc.; New
York Stock Exchange LLC; NYSE Amex LLC; NYSE Arca, Inc.; Notice of
Designation of Longer Period for Commission Action on Proposed Rule
Changes Relating to Trading Pauses Due to Extraordinary Market
Volatility

August 11, 2010.
    On June 30, 2010, each of BATS Exchange, Inc., Chicago Board
Options Exchange, Incorporated, Chicago Stock Exchange, Inc., EDGA
Exchange, Inc., EDGX Exchange, Inc., Financial Industry Regulatory
Authority, Inc., International Securities Exchange, LLC, The NASDAQ
Stock Market LLC, NASDAQ OMX BX, Inc., National Stock Exchange, Inc.,
New York Stock Exchange LLC, NYSE Amex LLC, and NYSE Arca, Inc. filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934
(``Act''),\2\ and Rule 19b-4 thereunder,\3\ proposed rule changes to
amend certain of their respective rules to add additional securities to
the single-stock circuit breaker pilot program.\4\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ The single-stock circuit breaker pilot program was initially
approved on June 10, 2010. See Securities Exchange Act Release Nos.
62251 (June 10, 2010), 75 FR 34183 (June 16, 2010); 62252 (June 10,
2010), 75 FR 34186 (June 16, 2010).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that, within thirty-five
days of the publication of notice of the filing of a proposed rule
change, or within such longer period as the Commission may designate up
to ninety days of such date if it finds such longer period to be
appropriate and publishes its reasons for so finding, the Commission
shall either approve the proposed rule change or institute proceedings
to determine whether the proposed rule change should be disapproved.
The 35th day for these filings is August 11, 2010.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider these proposed rule changes, which relate
to the addition of additional securities to the single-stock circuit
breaker pilot program, and the comment letters that have been submitted
in connection with these filings.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\6\ designates August 25, 2010, as the date by which the Commission
should either approve or institute proceedings to determine whether to
disapprove the proposed rule changes.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-20366 Filed 8-17-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: March 19, 2009 (Volume 74, Number 52)]
[Notices]
[Page 11807-11808]
[DOCID:fr19mr09-130]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0224]

Parts and Accessories Necessary for Safe Operation; Grant of
Exemption for Greyhound Lines, Inc.

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant an exemption to Greyhound Lines, Inc.
(Greyhound) that will enable video event recorders to be mounted on its
buses lower in the windshield than is currently permitted by the
Agency's regulations. Greyhound requested the exemption so that it
would be able to use the video event recorders to increase safety
through (1) identification and remediation of risky driving behaviors
such as distracted driving and drowsiness; (2) enhanced monitoring of
passenger behavior; and (3) enhanced collision review and analysis.
FMCSA believes that permitting these devices to be mounted lower than
currently allowed, but still outside the driver's sight lines to the
road and highway signs and signals, will maintain a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption.

DATES: This exemption is effective from March 19, 2009 through March
21, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
from the prohibition on obstructions to the driver's field of view
requirements in 49 CFR 393.60(e) for a two-year period if it finds
``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level of safety that would be
achieved absent such exemption'' (49 CFR 381.305(a)).

Greyhound's Request for Exemption

    Greyhound applied for an exemption from 49 CFR 393.60(e)(1) to
allow it to install video event recorders on some or all its bus fleet,
which totals approximately 1,650 buses.
    Section 393.60(e)(1) of the Federal Motor Carrier Safety
Regulations (FMCSRs) prohibits the obstruction of the driver's field of
view by devices mounted at the top of the windshield. Antennas,
transponders and similar devices (devices) must not be mounted more
than 152 mm (6 inches) below the upper edge of the windshield. These
devices must be located outside the area swept by the windshield wipers
and outside the driver's sight lines to the road and highway signs and
signals.
    Greyhound states that over the last several years, the structural
and aesthetic design of buses has changed considerably to include
larger windshields that encompass a larger percentage of the front area
of a motor coach and that extend well beyond the driver's useable sight
line. As a result, manufacturers have voluntarily installed larger
windshield wipers on these windshields that increase the swept area
beyond the minimum required by Federal Motor Vehicle Safety Standard
(FMVSS) No. 104, ``Windshield wiping and washing systems.'' FMVSS No.
104 establishes the requirements applicable to vehicle and equipment
manufacturers for windshield wiper system coverage for passenger cars,
multi-purpose passenger vehicles, trucks and buses.
    Greyhound states that video event recorders, for optimal
effectiveness, are mounted on the vehicle windshield on the interior of
the vehicle in a position that enables the video-capture of what is
happening in front of the vehicle as well as an internal video-capture
of the driver and passengers. The view of what is happening in front of
the vehicle requires that the forward lens of the recorder be in the
swept area of the windshield for a clear view in inclement weather.
Greyhound states:

    ``Section 393.60(e)(1) was designed to avoid placement of
devices on the windshield that would obstruct a driver's useful view
of the roadway. However, because of the increase of the size of
motorcoach windows and the corresponding increase in the area swept
by the windshield wipers, video event recorders now must be mounted
so high on the window as to limit the view of drivers, passengers,
and collision events. Thus, the level of safety that can be produced
by use of video event recorders is limited by the current
regulation. By comparison, the proposed alternative will enable
Greyhound to lower the placement of the video event recorders to a
level, which will maximize the external and internal views of the
recorders while still having them mounted high enough so as not to
limit the field of vision of the driver.''

    Greyhound notes in its exemption application that the Commercial
Vehicle Safety Alliance (CVSA) submitted a petition for rulemaking to
FMCSA on October 18, 2007, to amend 49 CFR 393.60(e). The CVSA petition
requests that the FMCSRs be amended to permit video event recorders and
similar devices that require a clear forward facing visual field to be
mounted not more than 50 mm (2 inches) below the upper edge of the area
swept by the windshield wipers, provided that they are located outside
the driver's sight lines to the road and highway signs and signals.
Greyhound proposes to comply with the language proposed by CVSA during
the period of the exemption. A copy of Greyhound's application for
exemption and the CVSA petition are available for review in the docket
for this notice.

Comments

    On August 11, 2008, FMCSA published notice of this application, and
asked for public comment (73 FR 46704). No comments were received.

Terms and Conditions for the Exemption

    Based on its evaluation of the application for an exemption, FMCSA
has decided to grant Greyhound's exemption application. The Agency
believes that the safety performance of Greyhound during the 2-year
exemption period will likely achieve a level of safety that is
equivalent to, or greater than, the level of safety achieved without
the exemption because (1) the video event recorders would not obstruct
drivers' views of the roadway, highway signs and surrounding traffic
because the panoramic windshields encompass a large percentage of the
front of buses and extend well above the driver's sight lines; (2)
larger wipers increase the swept area well beyond that which is
recommended by the Society

of Automotive Engineers guidelines for commercial vehicles; and (3)
placement of video event recorders just below the larger swept area of
the wipers will be well outside of useable driver's sight lines, and
will not negatively affect safety. The Agency believes that the
potential safety gains from the use of video event recorders to improve
driver behavior will improve the overall level of safety to the
motoring public.
    The Agency hereby grants the exemption for a two-year period,
beginning March 19, 2009 and ending March 21, 2011.
    During the exemption period, Greyhound must ensure that all video
event recorders are mounted not more than 50 mm (2 inches) below the
upper edge of the area swept by the windshield wipers, and outside the
driver's sight lines to the road and highway signs and signals.
    Interested parties possessing information that would demonstrate
that Greyhound is not achieving the requisite statutory level of safety
should immediately notify FMCSA. The Agency will evaluate any such
information and, if safety is being compromised or if the continuation
of the exemption is not consistent with 49 U.S.C. 31315(b) and
31136(e), will take immediate steps to revoke Greyhound's exemption, if
warranted.

Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption.

    Issued on: March 12, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9-5990 Filed 3-18-09; 8:45 am]

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[Federal Register Volume 79, Number 13 (Tuesday, January 21, 2014)]
[Notices]
[Page 3454]
[FR Doc No: 2014-01018]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2014-05]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
the FAA's regulatory activities. Neither publication of this notice nor
the inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before February 10, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2013-
1043 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Katherine L. Haley, ARM-203, Federal
Aviation Administration, Office of Rulemaking, 800 Independence Ave
SW., Washington, DC 20591; email<EMAIL_ADDRESS>(202) 493-
5708.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on January 15, 2014.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2013-1043.
    Petitioner: Mr. John P. Lee.
    Section of 14 CFR Affected:
    14 CFR 61.58(a)(2).
    Description of Relief Sought: Petitioner seeks relief from the
pilot-in-command proficiency check requirements of Sec.  61.58(a)(2).

[FR Doc. 2014-01018 Filed 1-17-14; 8:45 am]
BILLING CODE 4910-13-P