[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Pages 45206-45208]
[FR Doc No: 2019-18575]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0139]

 Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 29 individuals
for an exemption from the hearing requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions would
enable these hard of hearing and deaf individuals to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before September 27, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0139 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building

Ground Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2018-0139), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2018-0139, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2018-0139, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds such exemption would
likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption. The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The 29 individuals listed in this notice have requested an
exemption from the hearing requirement in 49 CFR 391.41(b)(11).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting the exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).
    On February 1, 2013, FMCSA announced in a Notice of Final
Disposition titled, Qualification of Drivers; Application for
Exemptions; National Association of the Deaf, (78 FR 7479), its
decision to grant requests from 40 individuals for exemptions from the
Agency's physical qualification standard concerning hearing for
interstate CMV drivers. Since the February 1, 2013 notice, the Agency
has published additional notices granting requests from hard of hearing
and deaf individuals for exemptions from the Agency's physical
qualification standard concerning hearing for interstate CMV drivers.

III. Qualifications of Applicants

David O. Barnett

    Mr. Barnett, age 53, holds an operator's license in Alabama.

Zachary Bruce-Hurst

    Mr. Bruce-Hurst, age 27, holds an operator's license in Florida

Azulita Jane Camacho

    Ms. Camacho, age 24, holds an operator's license in California.

Malcolm Collins

    Mr. Collins, age 77, holds a class A CDL in Missouri.

Wayne Crowl

    Mr. Crowl, age 53, holds a class A CDL in Indiana.

Robert Culp

    Mr. Culp, age 45, holds a class A CDL in Florida.

Charles Wesley Davis

    Mr. Davis, age 38, holds an operator's license from Alabama.

Christopher Fisher

    Mr.Fisher, age 47, holds a class A CDL in Washington.

Ariel Gonzalez

    Mr. Gonzalez, age 21, holds an operator's license in Rhode Island.

Adrian Jiminez

    Mr. Jiminez, age 26, holds an operator's license in California.

Steven L. Johnson

    Mr. Johnson, age 70, holds an operator's license in Tennessee.

Virginia M. Kammerer

    Ms. Kammerer, age 55, holds an operator's license in New Jersey.

Keith C. Kenyon

    Mr. Kenyon, age 43, holds an operator's license in Wisconsin.

Richard Melikian

    Mr. Melikian, age 47, holds an operator's license in New York.

Paul J. Pitre

    Mr. Pitre, age 55, holds a class C CDL in Alabama.

Dion Prewitt

    Mr. Prewitt, age 44, holds an operator's license in Illinois.

John M. Price, Jr.

    Mr. Price, age 42, holds an operator's license in Texas.

Marcel James Rambin II

    Mr. Rabin, age 39, holds a class A CDL in Texas.

Aleksandr M. Riabinin

    Mr. Riabinin, age 25, holds an operator's license in Washington.

Satwinder Sandher

    Mr. Sandher, age 43, holds an operator's license in California.

Dustin E. Selby

    Mr. Shelby, age 40, holds an operator's license in Ohio.

Kerry Stewart

    Mr. Stewart, age 54, holds an operator's license in Indiana.

Andrew Tessin

    Mr. Tessin, age 32, holds a class A CDL in North Carolina.

Corey N. Thompson

    Mr. Thompson, age 42, holds a class A CDL in Texas.

Aleksandr Turchin

    Mr. Turchin, age 52, holds an operator's license in Washington.

Daniel Turchin

    Mr. Turchin, age 21, holds an operator's license in Washington.

Gary Harrison Wallace

    Mr. Wallace, age 63, holds a class A CDL in North Carolina.

Honna Waymire

    Ms. Waymire, age 54, holds an operator's license in Ohio.

Charles Wozniak

    Mr. Wozniak, age 74, holds a class A CDL in New Jersey.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the dates
section of the notice.

    Issued on: August 16, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-18575 Filed 8-27-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Notices]
[Page 40804]
[DOCID:fr14jy10-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13704-000]

FFP Missouri 2, LLC; Notice of Preliminary Permit Applications
Accepted for Filing and Soliciting Comment, Motions To Intervene, and
Competing Applications

July 7, 2010.
    On April 5, 2010, FFP Missouri 2, LLC filed an application,
pursuant to section 4(f) of the Federal Power Act, proposing to study
the feasibility of the Arkabutla Lake Hydroelectric Project, to be
located on the Coldwater River, Tate and DeSoto Counties, Mississippi.
The sole purpose of a preliminary permit, if issued, is to grant the
permit holder priority to file a license application during the permit
term. A preliminary permit does not authorize the permit holder to
perform any land-disturbing activities or otherwise enter upon lands or
waters owned by others without the owners' express permission.
    The proposed Arkabutla Lake Hydroelectric Project consists of: (1)
An existing 11,500-foot-long dam and dike; (2) a control tower
containing four vertical gates connected to a 400-foot-long outlet
tunnel; (3) a proposed 50-foot-wide intake structure; (4) a proposed
900-foot-long, 12-foot diameter steel penstock; (5) a proposed
reinforced concrete powerhouse containing a 3.5-megawatt turbine/
generator; (6) a proposed 0.5-mile-long, 12.5-kilovolt three-phase
overhead transmission line; and (7) appurtenant facilities. The FFP
Missouri 2, LLC, project would have an average annual generation of
17.5 gigawatt-hours.
    Applicant Contact: Ms. Ramya Swaminathan, FFP Missouri 2, LLC, 33
Commercial Street, Gloucester, MA 01930, phone<PHONE_NUMBER>.
    FERC Contact: Pennie Lewis-Partee,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance date of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    For more information on how to submit these types of filings please
go to the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13704) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-17092 Filed 7-13-10; 8:45 am]
BILLING CODE 6717-01-P


#THIS SCRIPT CALCULATES THE PROBABILITY THAT A SYSTEM WILL HAVE A SOURCE CHANGE  #
#CREATED BY TOM BENEKE (THE CADMUS GROUP) 09/28/2018							 #
##################################################################################

#import libraries
library(plyr)
library(stringr)

#set working directory
setwd("C:/Users/thomas.beneke/Desktop/SourceTreatment 090418/CWS_Processing")

#read in source data
#this is a CSV version of Laura's "tblWSF-Treat" table in the "ChangeInSource-QA" Access database
wsf.df <- read.csv("tblWSF-Treat.csv", stringsAsFactors=FALSE, header=FALSE)
colnames(wsf.df) <- c("PWSID","FacilityID","IsSourceInd","Active_YN","FacilityDeadline","DeactiveDate","FacilityType","WaterType","Availability",
						"SellerPWSID","SellerTreatment","TreatProcess","TreatObj","TreatID","TreatCode","TreatPID","WaterTypeCode","ReportedYear","SourceCode")

#read in community water system table
#this is a CSV version of Laura's "tblC_NTNC" table in the "ChangeInSource-QA" Access database
cws.df <- read.csv("tblC_NTNC.csv", stringsAsFactors=FALSE, header=TRUE)
cws.df$PWSID <- cws.df$PWS.ID

#read in size category sorting CSV
sort.ord <- read.csv("SortSizeCategories.csv", stringsAsFactors = FALSE, header=TRUE)

#join cws data to wsf dataframe & remove unnecessary columns
wsf.cws <- join(wsf.df, cws.df, by=c('PWSID'), type='left', match='all')
wsf.cws <- wsf.cws[,c("PWSID","FacilityID","PWS.Type","CCT_YN","GW.or.SW","Size.Category","IsSourceInd","ReportedYear","SourceCode","Availability")]

#select only community water systems and add "points" field
#then subset for only systems in the current CWS inventory
#that are NOT emergency sources
wsf.cws.ind <- wsf.cws[wsf.cws$PWS.Type == "Community water system" & wsf.cws$Availability != "Emergency" & wsf.cws$IsSourceInd == "Y" & is.na(wsf.cws$PWS.Type) == FALSE,]
wsf.cws.ind <- wsf.cws.ind[wsf.cws.ind$PWSID %in% cws.df$PWSID == TRUE,]
wsf.cws.ind$Points <- 1
#subset so that only grabs unique facilities
wsf.cws.ind <- wsf.cws.ind[duplicated(wsf.cws.ind)==FALSE,]
#add unique identifier for PWSID - SourceCode combination
wsf.cws.ind$PWSID_SC <- paste0(wsf.cws.ind$PWSID,"_",wsf.cws.ind$SourceCode)
wsf.cws.ind$CCT_YN[wsf.cws.ind$CCT_YN == 1] <- "Y"
wsf.cws.ind$CCT_YN[wsf.cws.ind$CCT_YN == 0] <- "N"

#aggregate counts by PWSID, source type, and year, for each year
yr12 <- aggregate(Points ~ PWSID_SC + ReportedYear, data = wsf.cws.ind[wsf.cws.ind$ReportedYear == 2012,], "sum")
yr13 <- aggregate(Points ~ PWSID_SC + ReportedYear, data = wsf.cws.ind[wsf.cws.ind$ReportedYear == 2013,], "sum")
yr14 <- aggregate(Points ~ PWSID_SC + ReportedYear, data = wsf.cws.ind[wsf.cws.ind$ReportedYear == 2014,], "sum")
yr15 <- aggregate(Points ~ PWSID_SC + ReportedYear, data = wsf.cws.ind[wsf.cws.ind$ReportedYear == 2015,], "sum")

#create empty dataframe to append counts by year to
pws <- data.frame(Obj_ID = seq(1:length(unique(wsf.cws.ind$PWSID_SC))),PWSID_SC = unique(wsf.cws.ind$PWSID_SC))

#merge in each year's counts of wells
pws <- merge(pws,yr12[,c(1,3)],by="PWSID_SC",all=TRUE)
pws <- merge(pws,yr13[,c(1,3)],by="PWSID_SC",all=TRUE)
pws <- merge(pws,yr14[,c(1,3)],by="PWSID_SC",all=TRUE)
pws <- merge(pws,yr15[,c(1,3)],by="PWSID_SC",all=TRUE)

#remove unnecessary columns
pws <- pws[,c(1,3,4,5,6)]
colnames(pws) <- c("PWSID_SC","y12","y13","y14","y15")

#change NAs to 0 for numeric calculations
pws$y12[is.na(pws$y12)==TRUE] <- 0
pws$y13[is.na(pws$y13)==TRUE] <- 0
pws$y14[is.na(pws$y14)==TRUE] <- 0
pws$y15[is.na(pws$y15)==TRUE] <- 0

#remove rows where all years are not equal
pws <- pws[pws$y12 != pws$y13 | pws$y12 != pws$y14 | pws$y12 != pws$y15 | pws$y13 != pws$y14 | pws$y13 != pws$y15 | pws$y13 != pws$y12 | pws$y14 != pws$y15 | pws$y14 != pws$y16 | pws$y14 != pws$y12,]

#split id to parse out PWS ID
pws <- cbind(pws,data.frame(str_split_fixed(pws$PWSID_SC, "_", 2)))
colnames(pws) <- c("PWSID_SC","y12","y13","y14","y15","PWSID","SourceCode")

#join size category, source type, and cct designation back into dataframe
pws <- join(pws, cws.df[,c(37,23,8,12)][cws.df$PWS.Type == "Community water system" & is.na(cws.df$PWS.Type) == FALSE,], by=c('PWSID'), type='left', match='all')
pws$CCT_YN[pws$CCT_YN == 1] <- "Y"
pws$CCT_YN[pws$CCT_YN == 0] <- "N"

#identify year sequences with an additional source ADDED
pws$cnt_delta_1213 <- 0
pws$cnt_delta_1314 <- 0
pws$cnt_delta_1415 <- 0
pws$cnt_delta_1213[pws$y13 > pws$y12] <- 1
pws$cnt_delta_1314[pws$y14 > pws$y13] <- 1
pws$cnt_delta_1415[pws$y15 > pws$y14] <- 1

#remove duplicates
pws <- pws[,c(6,8:13)]
pws <- pws[duplicated(pws)==FALSE,]

#loop through and remove duplicate PWS system IDs while preserving year counts of source code matches
for (i in unique(pws$PWSID)){
	tmp <- pws[pws$PWSID == i,]
	if(nrow(tmp)>1){
	tmp <- rbind(tmp,data.frame(PWSID = i,CCT_YN = tmp[1,2],Size.Category = tmp[1,3],GW.or.SW = tmp[1,4],cnt_delta_1314 = sum(tmp[,5]),cnt_delta_1415 = sum(tmp[,6]),cnt_delta_1516 = sum(tmp[,7])))
	}
	tmp <- tmp[nrow(tmp),]
	tmp[,5][tmp[,5] > 1] <- 1
	tmp[,6][tmp[,6] > 1] <- 1
	tmp[,7][tmp[,7] > 1] <- 1
	if(exists("pws.out")){pws.out<-rbind(pws.out,tmp)} else{(pws.out<-tmp)}
}

#write csv of unique PWS IDs with source changes
#this is used in the treatment change R script to remove those with a source change from the treatment counts
write.csv(pws.out, "Unique_PWSIDs_SourceChange.csv", row.names = FALSE)

#get counts of total unique systems by category
pws.unique <- cws.df[,c(37,3,8,12,23)][duplicated(cws.df[,c(37,3,8,12,23)])==FALSE & cws.df$PWS.Type == "Community water system",]
colnames(pws.unique) <- c("PWSID","PWS.Type","Size.Category","GW.or.SW","CCT")
pws.unique$CCT[pws.unique$CCT == 0] <- "N"
pws.unique$CCT[pws.unique$CCT == 1] <- "Y"
pws.unique$Points <- 1
all.sys <- aggregate(Points ~ CCT + Size.Category + GW.or.SW, data = pws.unique, "sum")
all.sys$UnqID <- paste0(all.sys$CCT,"_",all.sys$Size.Category,"_",all.sys$GW.or.SW)

#add counts of number of system changes by year
prob1213 <- aggregate(cnt_delta_1213 ~ CCT_YN + Size.Category + GW.or.SW, data = pws.out, "sum")
prob1314 <- aggregate(cnt_delta_1314 ~ CCT_YN + Size.Category + GW.or.SW, data = pws.out, "sum")
prob1415 <- aggregate(cnt_delta_1415 ~ CCT_YN + Size.Category + GW.or.SW, data = pws.out, "sum")
probs <- prob1213
probs$cnt_delta_1314[match(probs$CCT_YN,prob1314$CCT_YN) & match(probs$Size.Category,prob1314$Size.Category) & match(probs$GW.or.SW,prob1314$GW.or.SW)] <- prob1314$cnt_delta_1314[match(probs$CCT_YN,prob1314$CCT_YN) & match(probs$Size.Category,prob1314$Size.Category) & match(probs$GW.or.SW,prob1314$GW.or.SW)]
probs$cnt_delta_1415[match(probs$CCT_YN,prob1415$CCT_YN) & match(probs$Size.Category,prob1415$Size.Category) & match(probs$GW.or.SW,prob1415$GW.or.SW)] <- prob1516$cnt_delta_1415[match(probs$CCT_YN,prob1415$CCT_YN) & match(probs$Size.Category,prob1415$Size.Category) & match(probs$GW.or.SW,prob1415$GW.or.SW)]

#add unique id and join to table of all system counts by category
probs$UnqID <- paste0(probs$CCT_YN,"_",probs$Size.Category,"_",probs$GW.or.SW)
probs <- join(probs, all.sys[,c(5,4)], by=c('UnqID'), type='left', match='all')
probs$Points[is.na(probs$Points)==TRUE] <- 0
probs <- probs[,c(1:6,8)]
colnames(probs) <- c("CCT_YN","SizeCat","GW_SW","cnt_delta_1213","cnt_delta_1314","cnt_delta_1415","cnt_all_pws")

#calculate probabilities
probs$prob1213 <- round(probs$cnt_delta_1213/probs$cnt_all_pws,2)
probs$prob1314 <- round(probs$cnt_delta_1314/probs$cnt_all_pws,2)
probs$prob1415 <- round(probs$cnt_delta_1415/probs$cnt_all_pws,2)
probs$prob_avg <- round((probs$prob1213 + probs$prob1314 + probs$prob1415)/3,2)

#sort probabilities according to SDWIS format
probs$SortOrd <- sort.ord$SortOrder[match(probs$SizeCat,sort.ord$SizeCat)]
probs <- probs[order(probs$GW_SW,probs$SortOrd),]

#write to file
write.csv(probs, "Probability_SourceChange_092818.csv", row.names=FALSE, na="")


[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Notices]
[Pages 41271-41273]
[FR Doc No: 2017-18379]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-E-0624]

Determination of Regulatory Review Period for Purposes of Patent
Extension; XTORO

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for XTORO and is publishing
this notice of that determination as required by law. FDA has made the
determination because of the submission of an application to the
Director of the U.S. Patent and Trademark Office (USPTO), Department of
Commerce, for the extension of a patent which claims that human drug
product.

DATES: Anyone with knowledge that any of the dates as published (in the
SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by October
30, 2017. Furthermore, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period by February 26, 2018.
See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before October 30, 2017. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of October 30, 2017. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-E-0624 for ``Determination of Regulatory Review Period for
Purposes of Patent Extension; XTORO.'' Received comments, those filed
in a timely manner (see ADDRESSES), will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff Office between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff Office. If you do
not wish your name and contact information to be made publicly
available, you can provide this information on the cover sheet and not
in the body of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product XTORO
(finafloxacin). XTORO is indicated for treatment of acute otitis
externa caused by susceptible strains of Pseudomonas aeruginosa and
Staphylococcus aureus. Subsequent to this approval, the USPTO received
a patent term restoration application for XTORO (U.S. Patent No.
6,133,260) from Alcon Pharmaceutials Ltd. for Bayer Intellectual
Property GmbH, and the USPTO requested FDA's assistance in determining
this patent's eligibility for patent term restoration. In a letter
dated May 2, 2016, FDA advised the USPTO that this human drug product
had undergone a regulatory review period and that the approval of XTORO
represented the first permitted commercial marketing or use of the
product. Thereafter, the USPTO requested that FDA determine the
product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
XTORO is 1,880 days. Of this time, 1,643 days occurred during the
testing phase of the regulatory review period, while 237 days occurred
during the

approval phase. These periods of time were derived from the following
dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became
effective: October 26, 2009. FDA has verified the applicant's claim
that the date the investigational new drug application became effective
was on October 26, 2009.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the FD&C Act: April 25,
2014. FDA has verified the applicant's claim that the new drug
application (NDA) for XTORO (NDA 206307) was initially submitted on
April 25, 2014.
    3. The date the application was approved: December 17, 2014. FDA
has verified the applicant's claim that NDA 206307 was approved on
December 17, 2014.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 1,058 days of patent term extension.
    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in 21 CFR 60.30, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period. To meet its burden,
the petition must comply with all the requirements of 21 CFR 60.30,
including but not limited to: Must be timely (see DATES), must be filed
in accordance with 21 CFR 10.20, must contain sufficient facts to merit
an FDA investigation, and must certify that a true and complete copy of
the petition has been served upon the patent applicant. (See H. Rept.
857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should
be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: August 24, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-18379 Filed 8-29-17; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 55 (Wednesday, March 21, 2012)]
[Rules and Regulations]
[Pages 16430-16432]
[FR Doc No: 2012-6520]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1324; Directorate Identifier 2011-NM-104-AD;
Amendment 39-16983; AD 2012-06-02]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and
Model C4-605R Variant F airplanes (collectively called A300-600 series
airplanes), and Model A310 series airplanes. This AD was prompted by a
report of a crack in the selector valve pipe of the forward cargo door
located in the avionics bay opposite the line replaceable unit racking.
This AD requires replacing a certain aluminum high pressure pipe with a
new corrosion resistant stainless steel pipe. We are issuing this AD to
prevent cracking in the selector valve pipe of the forward cargo door
which could impact the 90 VU avionics line replaceable unit, and could
result in multiple computer failures, affecting flight safety.

DATES: This AD becomes effective April 25, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 25,
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on December 22, 2011
(76 FR 79558). That NPRM proposed to require replacing a certain
aluminum high pressure pipe with a new corrosion resistant stainless
steel pipe. The MCAI states:

    An A300-600 operator has reported a hydraulic leak at the
forward cargo door area. After further investigation, the forward
cargo door selector valve pipe Part Number (P/N) A5231006100300,
located in the avionics bay opposite to Line Replaceable Unit (LRU)
racking, was found cracked.
    This condition, if not detected and corrected, can impact the 90
VU avionics LRU, which could result in multiple computer failures,
affecting flight safety.
    For the reasons described above, this AD requires the
replacement of the aluminum pipe P/N A5231006100300 with a stainless
steel pipe P/N A5231007000600.
    This [EASA] AD has been corrected to make clear that the use of
Airbus SB A310-

52-2067 and Airbus SB [service bulletin] A300-52-6065 at original
issue is acceptable to comply with paragraph (1) of this [EASA] AD,
unless, inadvertently, the high pressure pipe P/N A5231007000600 has
been replaced in service, after original issue of the SB's
accomplishment, with P/N A5231006100300.

    You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (76 FR 79558, December 22,
2011) or on the determination of the cost to the public.

Changes to AD

    We have clarified that the models affected by Airbus Mandatory
Service Bulletin A300-52-6065, Revision 01, dated July 5, 2010, are
Model A300-600 series airplanes. We have changed paragraph (g) of this
AD accordingly.
    We have revised the heading for and the wording in paragraph (j) of
this AD; this change has not changed the intent of that paragraph.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes and/or the changes described previously. We
have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (76 FR 79558, December 22, 2011) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 79558, December 22, 2011).

Costs of Compliance

    We estimate that this AD will affect 152 products of U.S. registry.
We also estimate that it will take about 4 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $0 per product.
Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these parts. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here. Based
on these figures, we estimate the cost of this AD to the U.S. operators
to be $51,680, or $340 per product.

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 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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (76 FR 79558, December 22,
2011), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 FAA amends Sec.  39.13 by adding the following new AD:

2012-06-02 Airbus: Amendment 39-16983. Docket No. FAA-2012-1324;
Directorate Identifier 2011-NM-104-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 25,
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A300 B4-601, B4-603, B4-620, B4-
622, B4-605R, B4-622R, F4-605R, F4-622R, and C4-605R Variant F
airplanes; and Model A310-203, -204, -221, -222, -304, -322, -324,
and -325 airplanes; certificated in any category; all certificated
models, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 52: Doors.

(e) Reason

    This AD was prompted by a report of a crack in the selector
valve pipe of the forward cargo door located in the avionics bay
opposite the line replaceable unit racking. We are issuing this AD
to prevent cracking in the selector valve pipe of the forward cargo
door which could impact the 90 VU avionics line replaceable unit,
and could result in multiple computer failures, affecting flight
safety.

(f) Compliance

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

(g) Replacement

    Except as provided by paragraph (h) of this AD: Within 30 months
or 6,000 flight hours after the effective date of this AD, whichever
occurs first, replace the aluminum high pressure pipe having part
number (P/N) A5231006100300 with a new pipe made of corrosion
resistant stainless steel and having P/N A5231007000600, in
accordance with the Accomplishment Instructions of Airbus

Mandatory Service Bulletin A300-52-6065, Revision 01, dated July 5,
2010 (for Model A300-600 series airplanes); or A310-52-2067,
Revision 01, dated July 5, 2010 (for Model A310 series airplanes).

(h) Exception

    Any airplane that has incorporated Airbus Modification 12464 in
production has the new P/N A5231007000600 installed and is therefore
compliant with the requirements of paragraph (g) of this AD. If the
high pressure pipe has been replaced with P/N A5231006100300 in
service after delivery of the airplane, replace the high pressure
pipe in accordance with paragraph (g) of this AD within the times
specified in paragraph (g) of this AD.

(i) Parts Installation

    As of the effective date of this AD, no person may install an
aluminum high pressure pipe having P/N A5231006100300, on any
airplane.

(j) Credit for Previous Actions

    This paragraph gives credit for the replacement required by
paragraph (g) of this AD, if the replacement was done before the
effective date of this AD using Airbus Service Bulletin A300-52-
6065, dated July 9, 2002 (for Model A300-600 series airplanes); or
A310-52-2067, dated July 9, 2002 (for Model A310 series airplanes).

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(l) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2011-0085, dated May 12, 2011 (corrected May
31, 2011); Airbus Mandatory Service Bulletin A300-52-6065, Revision
01, dated July 5, 2010; and Airbus Mandatory Service Bulletin A310-
52-2067, Revision 01, dated July 5, 2010; for related information.

(m) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51:
    (i) Airbus Mandatory Service Bulletin A300-52-6065, Revision 01,
dated July 5, 2010.
    (ii) Airbus Mandatory Service Bulletin A310-52-2067, Revision
01, dated July 5, 2010.
    (2) For service information identified in this AD, contact
Airbus SAS-EAW (Airworthiness Office), 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 8, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-6520 Filed 3-20-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 3, 2006 (Volume 71, Number 149)]
[Notices]
[Page 44056-44058]
[DOCID:fr03au06-82]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54225; File No. SR-BSE-2006-26]

 Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change To Extend the Linkage Fee Pilot Program

July 27, 2006.
    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 June 28, 2006, the Boston Stock Exchange, Inc. (``BSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons and is approving the
proposal on an accelerated basis for a pilot period through July 31,
2007.
---------------------------------------------------------------------------

    \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 BSE proposes to amend the fee schedule of the Boston Options
Exchange (``Fee Schedule''), the options trading facility of the BSE
(``BOX''), to extend until July 31, 2007, the current pilot program
applicable to the options intermarket linkage (``Linkage'') fees and to
make some technical changes to the Fee Schedule. The text of the
proposed rule change is available on the BSE's Web site at (http://www.bostonstock.com
), at the offices of the Exchange, 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, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange's fees for Principal (``P'') and Principal Acting as
Agent (``P/A'') Orders Sec.  \3\ executed on BOX currently operate
under a pilot program scheduled to expire on July 31, 2006.\4\ The BSE
proposes to extend the current pilot program for such Linkage fees
through July 31, 2007. Because all Linkage Orders received by BOX are
for the account of a market maker on another exchange, Linkage fees
that are applicable to P and P/A Orders are the same as fees applicable
to market makers on other exchanges that submit orders to BOX outside
of Linkage. The side of a BOX trade opposite an inbound P or P/A Order
would be billed normally as any other BOX trade. Consistent with the
Linkage Plan, no fees will be charged to a party sending a Satisfaction
Order to BOX. Rather, a fee will be charged to the BOX Options
Participant that was responsible for the trade-through that caused the
Satisfaction Order to be sent.
---------------------------------------------------------------------------

    \3\ Under Chapter XII, Section 1(j) of the BOX Rules, a
``Linkage Order'' means an Immediate or Cancel order routed through
Linkage. There are three types of Linkage Orders:
    (i) ``P/A Order,'' which is an order for the principal account
of a Market Maker (or equivalent entity on another Participant
Exchange that is authorized to represent Public Customer orders),
reflecting the terms of a related unexecuted Public Customer order
for which the Market Maker is acting as agent;
    (ii) ``P Order,'' which is an order for the principal account of
a market maker (or equivalent entity on another Participant
exchange) and is not a P/A Order; and
    (iii) ``Satisfaction Order,'' which is an order sent through the
Linkage to notify a Participant Exchange of a Trade-Through and to
seek satisfaction of the liability arising from that Trade-Through.
    \4\ See Securities Exchange Act Release No. 52147 (July 28,
2005) 70 FR 44706 (August 3, 2005) (SR-BSE 2005-28).
---------------------------------------------------------------------------

    The BSE believes that extending the Linkage fee pilot program until
July 31, 2007 will give the Exchange and the Commission additional time
and opportunity to evaluate the appropriateness of Linkage fees.
 2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Section 6(b)(4) of the Act,\6\ in particular, in that the
proposed rule change provides for the equitable allocation of
reasonable dues, fees and other charges among its members and other
persons using its facilities.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

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

III. 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-BSE-2006-26 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-BSE-2006-26. 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. 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-BSE-2006-26 and should be submitted on or before August
24, 2006.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange,\7\ and, in particular, the requirements of Section 6(b) of
the Act \8\ and the rules and regulations thereunder. The Commission
finds that the proposed rule change is consistent with Section 6(b)(4)
of the Act,\9\ which requires that the rules of the Exchange provide
for the equitable allocation of reasonable dues, fees and other charges
among its members and other persons using its facilities. The
Commission believes that the extension of the Linkage fee pilot until
July 31, 2007 will give the Exchange and the Commission further
opportunity to evaluate whether such fees are appropriate.
---------------------------------------------------------------------------

    \7\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\10\ for approving the proposed rule change prior to the
thirtieth day after publication of notice thereof in the

Federal Register.\11\ The Commission believes that granting accelerated
approval of the proposed rule change will preserve the Exchange's
existing pilot program for Linkage fees without interruption as the
Exchange and the Commission further considers the appropriateness of
Linkage fees.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).
    \11\ BSE requested that the Commission find good cause, pursuant
to Section 19(b)(2) of the Act, for approving the proposed rule
change prior to the thirtieth day after publication of notice
thereof in the Federal Register. Telephone conversation between Bill
Meehan, General Counsel, BSE, and Ronesha A. Butler, Special
Counsel, Division of Market Regulation, Commission on July 24, 2006.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\12\ that the proposed rule change (SR-BSE-2006-26) is hereby
approved on an accelerated basis for a pilot period to expire on July
31, 2007.
---------------------------------------------------------------------------

    \12\ Id.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-12525 Filed 8-2-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Proposed Rules]
[Pages 61306-61307]
[FR Doc No: 2012-24674]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0853; Airspace Docket No. 12-ANM-23]

Proposed Amendment of Class E Airspace; Astoria, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class E airspace at Astoria
Regional Airport, Astoria, OR. Controlled airspace is necessary to
accommodate aircraft using Area Navigation (RNAV) Global Positioning
System (GPS) standard instrument approach procedures at Astoria
Regional Airport. The FAA is proposing this action to enhance the
safety and management of aircraft operations at the airport.

DATES: Comments must be received on or before November 23, 2012.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2012-
0853; Airspace Docket No. 12-ANM-23, at the beginning of your comments.
You may also submit comments through the Internet athttp://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2012-0853 and Airspace Docket No. 12-ANM-23) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2012-0853 and Airspace Docket No. 12-ANM-23''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by modifying Class E airspace extending
upward from 700 feet above the surface at Astoria Regional Airport,
Astoria, OR. Controlled airspace is necessary to accommodate aircraft
using the RNAV (GPS) standard instrument approach procedures at Astoria
Regional Airport and would enhance the safety and management of
aircraft operations at the airport.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9W, dated August 8, 2012, and effective September 15,
2012, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A,

Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of the airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it would modify
controlled airspace at Astoria Regional Airport, Astoria, OR.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM OR E5 Astoria, OR [Modified]

Astoria Regional Airport, Astoria, OR
    (Lat. 46[deg]09'29'' N., long. 123[deg]52'43'' W.)
Seaside Municipal Airport
    (Lat. 46[deg]00'54'' N., long. 123[deg]54'28'' W.)

    That airspace extending from 700 feet above the surface within a
7-mile radius of Astoria Regional Airport; and within 6 miles north
and 8.3 miles south of the Astoria Regional Airport 268[deg] bearing
extending from the 7-mile radius to 17.5 miles west of Astoria
Regional Airport, excluding the portion within a 1.8-mile radius of
Seaside Municipal Airport; and within 4 miles northeast and 8.3
miles southwest of the Astoria Regional Airport 326[deg] bearing
extending from the 7-mile radius to 21.4 miles northwest of Astoria
Regional Airport; and within 4 miles each side of the Astoria
Regional Airport 096[deg] bearing extending from the 7-mile radius
to 12 miles east of Astoria Regional Airport; and within 8.3 miles
north and 4 miles south of the Astoria Regional Airport 096[deg]
bearing from 12 miles east, to 28.3 miles east of Astoria Regional
Airport; and within a 15.9-mile radius of Astoria Regional Airport
extending clockwise from the 326[deg] bearing to the 347[deg]
bearing of the airport; and within a 23.1-mile radius of Astoria
Regional Airport extending clockwise from the 347[deg] bearing to
the 039[deg] bearing of the airport extending from the 15.9-mile
radius to a 23.1-mile radius of Astoria Regional Airport extending
clockwise from the airport 039[deg] bearing to the airport 185[deg]
bearing.

    Issued in Seattle, Washington, on September 25, 2012.
Vered Lovett,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2012-24674 Filed 10-5-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Notices]
[Page 65188]
[FR Doc No: 2012-26270]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG13-5-000.
    Applicants: Blue Creek Wind Farm LLC.
    Description: Self-Certification of EWG of Blue Creek Wind Farm LLC.
    Filed Date: 10/17/12.
    Accession Number: 20121017-5087.
    Comments Due: 5 p.m. ET 11/7/12.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-1933-002; ER10-2441-002.
    Applicants: Green Mountain Power Corporation, Central Vermont
Public Service Corporation.
    Description: Green Mountain Power Corporation and Central Vermont
Public Service Corporation submits Second Supplement to Notice of
Material Change in Status.
    Filed Date: 10/11/12.
    Accession Number: 20121011-5067.
    Comments Due: 5 p.m. ET 11/1/12.

    Docket Numbers: ER12-2642-002.
    Applicants: North Eastern States, Inc.
    Description: Baseline Amendment Filing to be effective 12/1/2012.
    Filed Date: 10/18/12.
    Accession Number: 20121018-5052.
    Comments Due: 5 p.m. ET 11/8/12.

    Docket Numbers: ER13-8-001.
    Applicants: Hermiston Generating Company, L.P.
    Description: Compliance to filing 1 to be effective 10/3/2012.
    Filed Date: 10/18/12.
    Accession Number: 20121018-5001.
    Comments Due: 5 p.m. ET 11/8/12.
    Docket Numbers: ER13-151-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Depreciation Filing to be effective 4/1/2012.
    Filed Date: 10/17/12.
    Accession Number: 20121017-5000.
    Comments Due: 5 p.m. ET 11/7/12.

    Docket Numbers: ER13-152-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3408; Queue No. X3-002
to be effective 10/5/2012.
    Filed Date: 10/17/12.
    Accession Number: 20121017-5018.
    Comments Due: 5 p.m. ET 11/7/12.

    Docket Numbers: ER13-153-000.
    Applicants: Michigan Electric Transmission Company, LLC.
    Description: Certificate of Concurrence for Gaylord-Livingston IFA
to be effective 10/5/2012.
    Filed Date: 10/17/12.
    Accession Number: 20121017-5038.

    Comments Due: 5 p.m. ET 11/7/12.
    Docket Numbers: ER13-154-000.
    Applicants: Northern States Power Company, a Minnesota corporation.
    Description: Northern States Power Company, a Minnesota corporation
submits a Notice of Cancellation of the Municipal Transmission
Agreement with City of Blue Earth, MN.
    Filed Date: 10/17/12.
    Accession Number: 20121017-5101.
    Comments Due: 5 p.m. ET 11/7/12.

    Docket Numbers: ER13-155-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Duke Energy Carolinas, LLC submits Notice of
Cancellation of Rate Schedules with North Carolina Municipal Power
Agency No. 1.
    Filed Date: 10/18/12.
    Accession Number: 20121018-5043.
    Comments Due: 5 p.m. ET 11/8/12.

    Docket Numbers: ER13-156-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Amendment to Rate Schedule 318--Amended 2012
Confirmation to be effective 7/3/2012.
    Filed Date: 10/18/12.
    Accession Number: 20121018-5055.
    Comments Due: 5 p.m. ET 11/8/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 18, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-26270 Filed 10-24-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 4, 2008 (Volume 73, Number 172)]
[Notices]
[Page 51636]
[DOCID:fr04se08-34]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-1438-000]

New York Independent System Operator, Inc.; Notice of Filing

August 27, 2008.
    Take notice that on August 22, 2008, New York Independent System
Operator, Inc. tendered for filing amendments to the Market
Administration and Control Area Services Tariff, including Attachments
C and J.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on September 5, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-20506 Filed 9-3-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Notices]
[Page 51348-51350]
[DOCID:fr06oc09-113]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60743; File No. SR-OCC-2009-15]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Proposed Rule Change to Revise the Minimum
Eligibility Criteria for Common Stock Loaned Through Stock Loan
Programs and Deposited as Margin Collateral

September 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 August 28, 2009, The Options Clearing Corporation (``OCC'') 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 primarily by OCC. 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 the
Substance of the Proposed Rule Change

    The proposed rule change would revise minimum eligibility criteria
applicable to common stock loaned through OCC's Stock Loan Programs and
deposited as margin collateral.

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

    In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\3\
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    \3\ The Commission has modified the text of the summaries
prepared by OCC.
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A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    The purpose of this rule change is to revise OCC's minimum
eligibility requirements for stock borrows and loans accepted in the
OCC's Stock Loan Programs and common stock accepted as margin
collateral.\4\
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    \4\ This proposal furthers OCC's continuing efforts to utilize
its System for Theoretical Analysis and Numerical Simulations
(``STANS'') to its fullest risk-management potential resulting in
lower risk to OCC while also increasing margin offset opportunities
for OCC clearing members. Recent OCC rule filings with a similar
objective include (i) a rule change eliminating the practice of
allowing clearing members to carry stock loan and borrow positions
without collecting risk margin and requiring instead that all such
positions be included in the STANS margin calculation [Securities
Exchange Act Release No. 59036 (December 12, 2006), 73 FR 74554
(December 8, 2008)] and (ii) a rule change (``Collateral in
Margins'') providing that common stock deposited as collateral be
included in the STANS calculation rather than valuing the collateral
at a current market price less an arbitrary 30% haircut [Securities
Exchange Act Release No. 58158 (July 15, 2008), 73 FR 42646 (July
22, 2008)]. In addition, largely in response to market conditions,
OCC recently reduced the minimum price for common stocks held as
collateral from $10 to $3 and eliminated the 10% concentration test
for certain ETFs held as collateral. Securities Exchange Act Release
No. 59845 (April 29, 2009), 74 FR 21039 (May 6, 2009).
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Stock Loan Programs
    OCC's clearing services involve common stock \5\ in several ways.
Stocks are: (i) Underlying securities for exchange-traded equity option
contracts, (ii) constituent securities of stock indexes that underlie
stock index options or of indexes on which underlying ETFs are based,
(iii) constituent securities of ETFs that although are not underlying
securities are based on indexes that underlie index options (``Index
Option Related ETFs''), (iv) the subject of stock loan or borrow
transactions cleared pursuant to OCC's Stock Loan Programs, and (v)
deposited with OCC as margin collateral. Rationalizing the
interrelationship among the criteria applied to stocks for these
various purposes will maximize the potential for offsets and reduce
risk in the clearing system.
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    \5\ The term ``common stock'' or ``stock'' is broadly used in
this rule change to refer to different types of equity securities
including ETFs but not preferred stock.
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    Under OCC's Stock Loan Programs, only loans of stocks that are
either underlying securities for options or futures or ETFs based on a
stock index underlying an index option contract are eligible for
clearance through OCC (collectively, ``Options-Related Stocks''). OCC
restricted stock loan activity to limit its risk to loans supporting
short sales that might be serving as hedges for options transactions or
helping to add liquidity to the options markets. At the time this
criterion was implemented in 2002, OCC managed the risk of stock loan
transactions for most clearing members on a credit basis--that is OCC
did not collect margin on such transactions. As noted above, OCC now
requires margin on all stock loan transactions thus reducing the risk
associated with this activity. Accordingly, OCC believes that it is no
longer necessary or appropriate to limit stock loan transactions to
Options-Related Stocks.
    In connection with the foregoing change, OCC is proposing to
supplement its existing criteria for stock eligible for the Stock Loan
Programs by requiring that in order to qualify as an ``Eligible Stock''
for purposes of the Stock Loan Programs a stock must be a ``covered
security'' as defined in Section 18(b)(1) of the Securities Act of
1933.\6\ By agreement with the options exchanges, OCC already requires
that all underlying stocks meet this criterion, and OCC believes that
it is an appropriate minimum assurance of quality. In addition, OCC is
imposing a $3 minimum share price requirement

that would be applicable only to stocks other than Options-Related
Stocks.\7\ OCC would, however, retain the ability to waive the $3
minimum price where specified other factors suggest that the stock is
nevertheless suitable for inclusion in the Stock Loan Programs.
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    \6\ ``Covered securities'' are securities that are authorized
for listing on the New York Stock Exchange, the American Stock
Exchange, the National Market System of the Nasdaq Stock Market
(collectively, ``Exchanges''), or any other national securities
exchange, or tiers thereof, that the Commission determines are
substantially similar to the listing standards applicable to
securities on the Exchanges. 15 U.S.C. 77r(b)(1).
    \7\ This minimum price requirement corresponds to the minimum
price standard contained in the criteria used by the options
exchanges for initial selection of underlying securities that are
also ``covered securities''
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Common Stock as Collateral
    Under current OCC Rule 604(b)(4), clearing members can deposit
common stocks that meet the following criteria: minimum price of $3 per
share and traded on a national securities exchange, or traded in the
Nasdaq Global Market or the Nasdaq Capital Market. The aggregate value
of margin attributed to a single stock cannot exceed 10% of a clearing
member's total margin requirement. Stocks are haircut by 30% for margin
valuation purposes. Stocks that have been suspended from trading by or
are subject to special margin requirements under the rules of a listing
market because of volatility, lack of liquidity, or similar
characteristics are not eligible for deposit as margin.
    Under the approved but not yet implemented Collateral in Margins
program, any common stock that meets the above criteria except the
minimum price requirement and that is deliverable upon exercise or
maturity of a cleared contract (i.e., is an underlying security), as
well as index option related ETFs, will be afforded collateral value as
determined by STANS. Moreover, the margin concentration requirement
will be inapplicable to such deposits. Thus, upon implementation of the
Collateral in Margins proposal, the minimum price requirement and
margin concentration requirement would be eliminated for common stocks
that are underlying securities or index option related ETFs. The
minimum price requirement is being eliminated for these securities in
order to provide a greater opportunity for members to hedge their
equity options positions with pledges of the underlying securities.
This decision also reflects OCC's judgment that the minimum price
requirement is less important in the current environment where OCC is
able to closely monitor collateral in the form of common stock and to
apply the sophisticated risk management technique incorporated in STANS
in order to determine the appropriate value to assign to such
collateral. The concentration test requirement is being eliminated
because STANS contains its own built-in functionality that adequately
handles concentrated options and collateral holdings.
    In anticipation of the implementation of the Collateral in Margins
program, and effective with such implementation, OCC proposes to
further amend Rule 604(b)(4)(i) as follows:
    (1) Replace the requirement of listing on a national securities
exchange or specific Nasdaq markets with the requirement that all
common stocks deposited as margin must be ``covered securities'' as
described above;
    (2) Provide that the $3 minimum share price requirement will apply
to deposits of common stocks that are not Options Related Stocks;
    (3) permit OCC to waive the $3 minimum share price if it determines
that other factors, including trading volume, the number of
shareholders, the number of outstanding shares, and current bid/ask
spreads warrant such action;
    (4) delete Interpretation and Policy .13, adopted in SR-OCC-2009-
08, which made the 10% concentration test inapplicable to certain ETFs
because the 10% test will be eliminated for all stocks (including ETFs)
when Collateral in Margins is implemented.
    In addition, OCC proposes to amend Rule 1001 to provide that the
determination of ``average aggregate daily margin requirement'' and
``daily margin requirement'' would be performed without reference to
any deposits of securities (e.g., common stocks including fund shares)
that were valued within STANS pursuant to Rule 601. This change ensures
that contributions to the clearing fund will be determined without
taking into account any reduction in margin requirements resulting from
valuing deposits of such securities under STANS. Other proposed changes
to Rule 1001 are conforming or clarifying in nature.
    The changes proposed in this rule filing more closely align both
the stock collateral and stock loan eligibility criteria with the
criteria for selection of underlying equity securities. While some
differences still exist, OCC believes that the proposed discretionary
authority will provide OCC with sufficient flexibility to treat equity
options, stock loan transactions, and stock collateral in a consistent
manner when appropriate. For example, the $3 minimum price requirement
is similar or identical to requirements contained in the equity options
listing criteria of the options exchanges. In addition, the factors
that OCC proposes to be considered in determining whether an exception
to the $3 minimum may be granted are consistent with those reflected in
such criteria. These factors are widely regarded as among the most
relevant in determining whether a stock is liquid.
    STANS's functionality permits OCC to propose there changes. STANS
considers a security's historical price volatility in generating its
simulated market moves resulting in coverage parameters that vary based
on the overall risk of a particular underlying security. STANS also
identifies and addresses concentrated positions. By incorporating
equity options positions, stock loan positions, and upon implementation
of the Collateral in Margins changes common stock deposits within a
single concentration analysis, OCC can identify where hedged positions
exist and can also identify areas of cumulative exposure where
additional collateral may be appropriate (e.g., where a clearing member
has long options, stock loan positions, and margin deposits all
relating to the same security).
    Upon Commission approval, OCC proposes to implement the changes to
stock loan eligibility criteria immediately. OCC proposes that the
changes in eligibility criteria for common stock deposited as margin be
implemented concurrently with implementation of the Collateral in
Margins program, which is currently scheduled for implementation in the
fourth quarter 2009.
    OCC believes the proposed rule change is consistent with the
purposes and requirements of Section 17A of the Act \8\ and the rules
and regulations thereunder because the proposed rule change will
promote the prompt and accurate clearance and settlement of
transactions in securities and safeguard assets within OCC's custody or
control by facilitating appropriate offsets among equity options, stock
loan and borrow positions, and stock collateral that are held in a
single clearing member account thereby increasing market efficiency
without increasing risk.
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    \8\ 15 U.S.C. 78q-1.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition.

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

    Written comments were not and are not intended to be solicited with
respect to the proposed rule change and none

have been received. OCC will notify the Commission of any written
comments received by OCC.

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

    Within thirty-five 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 ninety 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 the 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 Commissions Internet comment form (http://
www.sec.gov/rules/sro.shtml) or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2009-15 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2009-15. 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 Section, 100 F Street,
NE., Washington, D.C. 20549-1090, on official business days between the
hours of 10 a.m. and 3 p.m. Copies of such filings will also be
available for inspection and copying at the principal office of the OCC
and on OCC's Web site at http://www.optionsclearing.com/publications/
rules/proposed_changes/sr_occ_09_15.pdf. 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-OCC-2009-15 and should be submitted on
or before October 27, 2009.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-23992 Filed 10-5-09; 8:45 am]

BILLING CODE 8011-01-P