[Federal Register Volume 79, Number 224 (Thursday, November 20, 2014)]
[Rules and Regulations]
[Pages 69033-69035]
[FR Doc No: 2014-26984]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0449; Directorate Identifier 2013-NM-259-AD;
Amendment 39-18021; AD 2014-23-05]
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 A318 series airplanes, Model A319 series airplanes, Model
A320-211, -212, -214, -231, -232, and -233 airplanes, and Model A321
series airplanes. This AD was prompted by a report of a circumferential
crack at the gland retaining-ring groove of certain retraction
actuators on the main landing gear (MLG). This AD requires an
inspection to identify the part numbers of MLG retraction actuators and
replacement of certain MLG retraction actuators. We are issuing this AD
to prevent MLG retraction actuator failure that could prevent the full
extension and/or down-locking of the MLG, possibly resulting in MLG
collapse during landing or rollout, and consequent damage to the
airplane and injury to the occupants.

DATES: This AD becomes effective December 26, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 26,
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0449 or in person at the
Docket 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.
    For service information identified in this AD, contact Airbus,
Airworthiness Office--EIAS, 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. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus Model A318
series airplanes, Model A319 series airplanes, Model A320-211, -212, -
214, -231, -232, and -233 airplanes, and Model A321 series airplanes.
The NPRM published in the Federal Register on July 17, 2014 (79 FR
41658).
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0283R1, dated December 9, 2013 [Corrected
December 11, 2013] (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    During routine pre-flight inspection of an Airbus A319, a
hydraulic fluid leak was detected, coming from the retraction
actuator of the main landing gear (MLG). The results of subsequent
investigations revealed that a galvanic difference between materials
induced an internal corrosion which was the crack initiator of the
component. Actuators from 201590 series were identified as
potentially affected, unless inspected and corrected during MLG
overhaul.
    This condition, if not detected and corrected, could lead to
retraction actuator failure, preventing the full extension and/or
down-locking of the MLG, possibly resulting in MLG collapse during
landing or rollout and consequent damage to the aeroplane and injury
to occupants.
    To address this potential unsafe condition, Airbus published
Service Bulletin (SB) A320-32-1408, providing instructions to
identify and replace the affected actuators that have already
exceeded 20,000 flight cycles (FC) or 10 years of operation since
new, or since last overhaul.
    For the reason described above, EASA AD 2013-0283 was issued to
require a one-time identification and replacement of each affected
MLG retraction actuator.

* * * * *
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0449-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 41658, July 17,
2014) or on the determination of the cost to the public.

Clarification of Costs of Compliance

    We have revised the Costs of Compliance section of this AD to
clarify the costs of the follow-on actions.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 41658, July 17, 2014) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 41658, July 17, 2014).

Costs of Compliance

    We estimate that this AD affects 851 airplanes of U.S. registry.
    We also estimate that it will take about 3 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD on U.S. operators to be $217,005, or $255 per product.

    In addition, we estimate that any necessary follow-on actions will
take about 8 work-hours and require parts costing $36,135 per MLG
actuator, for a cost of $36,845 per MLG actuator. We have no way of
determining the number of aircraft that might need these actions.

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0449; 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 street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

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 airworthiness
directive (AD):

2014-23-05 Airbus: Amendment 39-18021. Docket No. FAA-2014-0449;
Directorate Identifier 2013-NM-259-AD.

(a) Effective Date

    This AD becomes effective December 26, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes specified in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category, all
manufacturer serial numbers.
    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes.
    (3) Airbus Model A320-211, -212, -214, -231, -232, and -233
airplanes.
    (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Reason

    This AD was prompted by a report of a circumferential crack at
the gland retaining-ring groove of certain retraction actuators on
the main landing gear (MLG). We are issuing this AD to prevent MLG
retraction actuator failure that could prevent the full extension
and/or down-locking of the MLG, possibly resulting in MLG collapse
during landing or rollout, and consequent damage to the airplane and
injury to the occupants.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection To Determine Part Number (P/N) and Time-in-Service

    Within 18 months after the effective date of this AD: Do an
inspection of each MLG retraction actuator to determine whether the
actuator has P/N 201590001, 201590002, 201590002-010, 201590002-020,
or 201590003; and to determine the time-in-service accumulated on
actuators having those part numbers. The actuator flight cycles and
calendar time are those accumulated since first installation on an
airplane, or since last actuator overhaul, or since the most recent
accomplishment of the actions described in Task 321147-01-1 of the
Airbus A318/A319/A320/A321 Maintenance Review Board Report (MRBR),
whichever occurs latest. A review of airplane delivery or
maintenance records is acceptable, provided that the actuator part
number and time-in-service can be conclusively identified from that
review.

(h) MLG Actuator Replacement

    At the applicable time specified in paragraphs (h)(1) and (h)(2)
of this AD: Replace each MLG actuator having a part number
identified in paragraph (g) of this AD with a new or serviceable
actuator, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-32-1408, dated July 22, 2013. The
actuator flight cycles and calendar time specified in paragraphs
(h)(1) and (h)(2) of this AD are those accumulated since first
installation on an airplane, or since last actuator overhaul, or
since doing the actions described in Task 321147-01-1 of the Airbus
A318/A319/A320/A321 MRBR; whichever occurs later.
    (1) For actuators with accumulated time-in-service equal to or
more than 20,000 flight cycles or 10 years as of the effective date
of this AD: Within 18 months after the effective date of this AD.
    (2) For actuators with accumulated time-in-service less than
20,000 flight cycles and 10 years as of the effective date of this
AD: Before the accumulation of 10 years since first installation on
an airplane.

(i) MLG Actuator Replacement With Unknown Time-in-Service

    Within 18 months after the effective date of this AD: Replace
each MLG retraction actuator having a part number specified in
paragraph (g) of this AD, and for which the in-service history is
unknown, with a new or serviceable actuator, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-32-1408,
dated July 22, 2013.

(j) Exception to Paragraphs (g), (h), and (i) of This AD

    An airplane that does not have Airbus Modification 26644 or
Modification 150820 (for all airplane models), or Modification 27151
(for Model A321 series airplanes), applied in production, as
applicable, is not affected by the requirements of paragraphs (g),
(h), and (i) of this AD, provided that it can be conclusively
determined that no MLG retraction actuator having a part number
identified in paragraph (g) of this AD has been installed on that
airplane since first flight.

(k) Parts Installation Limitation

    As of the effective date of this AD, installation of an MLG
retraction actuator having a part number identified in paragraph (g)
of this AD is allowed, provided that the MLG retraction actuator has
not accumulated or exceeded 20,000 flight cycles or 10 years since
new; or 20,000 flight cycles or 10 years since last actuator
overhaul.

(l) 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: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 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) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(m) Special Flight Permits

    Special flight permits may be issued in accordance with sections
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199) to operate the airplane to a location where the airplane
can be modified (if the operator elects to do so), provided the MLG
remains extended.

(n) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
2013-0283R1, dated December 9, 2013 [Corrected December 11, 2013],
for related information. This MCAI may be found in the AD docket on
the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-
2014-0449-0002.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A320-32-1408, dated July 22, 2013.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 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.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference 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 November 5, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-26984 Filed 11-19-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 3, 2008 (Volume 73, Number 171)]
[Notices]
[Page 51546-51547]
[DOCID:fr03se08-139]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58398; File No. SR-NYSE-2008-069]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Waiving Compliance With DRS Participation Rules for Foreign
Private Issuers

August 20, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on July 30, 2008, the New
York Stock Exchange LLC (``NYSE'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change described
in Items I, II, and III below, which items have been prepared primarily
by NYSE. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NYSE proposes to amend Section 501.00 of its Listed Company Manual
to waive application of this section to any listed company that is a
foreign private issuer and that submits a letter from an independent
home country counsel certifying that a home country law or regulation
prohibits compliance.\2\
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    \2\ Changes to the rule text can be found at http://
www.nyse.com.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, NYSE 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. NYSE 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 NYSE.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Currently, Section 501.00 of NYSE's Listed Company Manual
(``Manual'') requires that all listed equity securities must be
eligible for participation in a direct registration system operated by
a securities depository. As the laws of certain countries may prohibit
compliance with this rule, NYSE believes it is appropriate to waive its
application to foreign private issuers upon provision of a letter from
independent counsel confirming that such a prohibition exists.
    Accordingly, NYSE proposes to amend Section 501.00(A) of its Manual
to waive application of that section to any listed company that is a
foreign private issuer and that submits to NYSE a letter from an
independent home country counsel certifying that a home country law or
regulation prohibits such compliance. All other foreign private issuers
will be required to comply with Section 501.00.
    NYSE also proposes to further modify Section 501.00(A) and to
eliminate Section 501.00(B) to remove text relating to transition
periods that have since expired.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(5) \4\ that an exchange have rules
that are designed to prevent fraudulent and manipulative practices, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and in general to protect investors and the public
interest. NYSE believes that the proposed rule change is consistent
with Section 6(b)(5) of the Exchange Act because it requires foreign
private issuers to comply with the same requirement as U.S. companies
that listed equity securities must be eligible for participation in a
direct registration system unless the foreign private issuer is
prohibited from doing so under its home country laws.
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    \4\ 15 U.S.C. 78f(b)(5).
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    NYSE does not believe that the proposed rule change will 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

    No written comments relating to the proposed rule change have been
solicited or received. NYSE will notify

the Commission of any written comments received by NYSE.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(iii) of the Act \5\ and Rule 19b-4(f)(6) \6\
thereunder because it does not (i) significantly affect the protection
of investors or the public interest; (ii) impose any significant burden
on competition; and (iii) become operative for 30 days after the date
of filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest. A
proposed rule change filed under Rule 19b-4(f)(6) normally does not
become operative prior to the 30th day after the date of filing.\7\
However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest.\8\
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    \5\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \6\ 17 CFR 240.19b-4(f)(6).
    \7\ See 17 CFR 240.19b-4(f)(6)(iii).
    \8\ In addition, Rule 19b-4(f)(6)(iii) requires the self-
regulatory organization to give the Commission written notice of its
intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
NYSE has satisfied this requirement.
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    The NYSE has requested that the Commission waive the 30-day
operative delay so that the proposed rule change may take effect and
become operative upon filing with the Commission pursuant to Section
19(b)(3)(A) \9\ and Rule 19b-4(f)(6) \10\ thereunder. Waiver of the 30-
day operative delay will enable NYSE to list foreign private issuers
whose home country laws prohibit them from complying with Section
501.00 of the Manual. NYSE notes that Nasdaq already has a comparable
exception to its direct registration system eligibility requirement. As
such, waiving the operative delay eliminates a potential competitive
disadvantage that the NYSE currently faces in competing for listings.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
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    For the foregoing reasons, the Commission believes that this rule
filing qualifies for immediate effectiveness under paragraph (f)(6) of
Rule 19b-4 \11\ and that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission hereby designates the proposal as operative
upon filing.\12\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within sixty days of the filing of such rule change,
the Commission may summarily abrogate such rule change if it appears to
the Commission that such action is necessary or appropriate in the
public interest, for the protection of investors, or otherwise in
furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml) or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2008-069 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-NYSE-2008-069. 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 such filings also will be available for
inspection and copying at the principal office of NYSE and on NYSE's
Web site, http://www.nyse.com. 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-NYSE-2008-069 and should be submitted on or before
September 24, 2008.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-20382 Filed 9-2-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Notices]
[Pages 53592-53593]
[FR Doc No: 2015-21955]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-31800]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

August 28, 2015.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
August 2015. A copy of each application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>. An order granting each
application will be issued unless the SEC orders a hearing. Interested
persons may request a hearing on any application by writing to the
SEC's Secretary at the address below and serving the relevant applicant
with a copy of the request, personally or by mail. Hearing requests
should be received by the SEC by 5:30 p.m. on September 22, 2015, and
should be accompanied by proof of service on applicants, in the form of
an affidavit or, for lawyers, a certificate of service. Pursuant to
Rule 0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by writing to the Commission's Secretary.

ADDRESSES: The Commission: Brent J. Fields, Secretary, U.S. Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Chief Counsel's Office at (202) 551-
6821, SEC, Division of Investment Management, Chief Counsel's Office,
100 F Street NE., Washington, DC 20549-8010.

Cornerstone Progressive Return Fund [File No. 811-22066]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant
transferred its assets to Cornerstone Strategic Value Fund, Inc., and
on June 26, 2015, made a distribution to its shareholders based on net
asset value. Expenses of $335,585 incurred in connection with the
reorganization were paid by applicant and the acquiring fund.
    Filing Dates: The application was filed on June 30, 2015, and
amended on July 30, 2015.
    Applicant's Address: 48 Wall St., 22nd Floor, New York, NY 10005.

db-X Exchange-Traded Funds Inc. [File No. 811-22001]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On May 27, 2015, applicant made a liquidating
distribution to its shareholders, based on net asset value. Expenses of
$35,000 incurred in connection with the liquidation were paid by DBX
Strategic Advisors LLC, applicant's investment adviser.
    Filing Date: The application was filed on July 31, 2015.
    Applicant's Address: 60 Wall St., New York, NY 10005.

Principled Equity Market Fund [File No. 811-8492]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On August 5,
2015, applicant made a final liquidating distribution to its
shareholders, based on net asset value. Two shareholders of record have
not received their liquidating distributions because applicant has been
unable to locate

them. Applicant's custodian is holding an aggregate amount of $10,854,
which will escheat to the state of last residence of each shareholder
if their distributions remain unclaimed. Expenses of $110,800 incurred
in connection with the liquidation were paid by applicant. Applicant
has also retained $128,566 in cash to cover outstanding liabilities.
    Filing Date: The application was filed on August 14, 2015.
    Applicant's Address: 20 William Street, Wellesley, MA 02481.

Oppenheimer Institutional Treasury Money Market Fund [File No. 811-
22261]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant has never made a public offering of
its securities and does not propose to make a public offering or engage
in business of any kind.
    Filing Date: The application was filed on August 19, 2015.
    Applicant's Address: 6803 S. Tucson Way, Centennial, CO 80112.

Torchlight Value Fund Master, LLC [File No. 811-21122]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company.
    Applicant represents that it currently has fewer than 100
beneficial owners of its securities and will continue to operate as a
private fund in reliance on section 3(c)(1) of the Act. Applicant
states that it is not making, has never made and does not intend to
make a public offering of its securities. Applicant further represents
that it has notified its beneficial owners that certain legal
protections offered to shareholders of an investment company registered
under the Act will no longer apply.
    Filing Date: The application was filed on August 11, 2015.
    Applicant's Address: 475 Fifth Ave., New York, NY 10017.

Torchlight Value Fund, Inc. [File No. 811-8920]

    Summary: Applicant, a feeder fund in a master feeder structure,
seeks an order declaring that it has ceased to be an investment
company. On July 31, 2015, applicant made a distribution to its
shareholders, based on net asset value. Expenses of $468,712 incurred
in connection with the liquidation were paid by Torchlight Investors,
LLC, applicant's investment adviser.
    Filing Date: The application was filed on August 11, 2015.
    Applicant's Address: 475 Fifth Ave., New York, NY 10017.

Sterling Capital Variable Insurance Funds [File No. 811-21682]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 24, 2015, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $20,000 incurred in connection with the liquidation were
paid by applicant.
    Filing Date: The application was filed on July 31, 2015.
    Applicant's Address: 435 Fayetteville St., Raleigh, NC 27601.

Cube Thematic Alternatives Fund [File No. 811-23006]

    Summary: Applicant, closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on July 29, 2015.
    Applicant's Address: 180 Great Portland St., London W1W 5QZ.

Nuveen Equity Premium Opportunity Fund [File No. 811-21674]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant
transferred its assets to Nuveen S&P 500 BuyWrite Income Fund, and on
December 22, 2014, made a distribution to its shareholders based on net
asset value. Expenses of $867,895 incurred in connection with the
reorganization were paid by applicant and the acquiring fund.
    Filing Dates: The application was filed on June 26, 2015, and
amended on August 7, 2015.
    Applicant's Address: Nuveen Investments, 333 West Wacker Dr.,
Chicago, IL 60606.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-21955 Filed 9-3-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15375-15378]
[FR Doc No: 2016-06409]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77389; File No. SR-NYSEMKT-2016-37]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Change Adopting a Decommission
Extension Fee for receipt of the NYSE MKT BBO and NYSE MKT Trades
Market Data Products

March 17, 2016.
    Pursuant to Section 19(b)(1)\1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on March 8, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 adopt a Decommission Extension Fee for
receipt of the NYSE MKT BBO and NYSE MKT Trades market data products.
The proposed change is available on the Exchange's Web site at
www.nyse.com, at the principal office 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 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
    The Exchange proposes to adopt a Decommission Extension Fee for
receipt of the NYSE MKT BBO and NYSE MKT Trades market data
products,\4\ as set forth on the NYSE MKT LLC Equities Proprietary
Market Data Fee Schedule (``Fee Schedule''). Recipients of NYSE MKT BBO
and NYSE MKT Trades would continue to be subject to the already
existing subscription fees currently set forth in the Fee Schedule. The
proposed Decommission Extension Fee would apply only to those
subscribers who decide to continue to receive the NYSE MKT BBO and NYSE
MKT Trades feeds in their legacy format for up to two months after
those feeds otherwise will be distributed exclusively in the new format
explained below.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. 61936 (Apr. 16,
2010), 74 FR 21088 (Apr. 22, 2010) (SR-NYSEAmex-2010-35) (notice--
NYSE MKT BBO and NYSE MKT Trades) and 62187 (May 27, 2010), 75 FR
31500 (June 3, 2010) (SR-NYSEAmex-2010-35) (approval order--NYSE MKT
BBO and NYSE MKT Trades).
---------------------------------------------------------------------------

    NYSE MKT Trades is an NYSE MKT-only last sale market data feed.
NYSE MKT Trades currently allows vendors, broker-dealers and others to
make available on a real-time basis the same last sale information that
the Exchange reports under the Consolidated Tape Association (``CTA'')
Plan for inclusion in the CTA Plan's consolidated data streams.
Specifically, the NYSE MKT Trades feed includes, for each security
traded on the Exchange, the real-time last sale price, time and size
information and bid/ask quotations at the time of each sale and a stock
summary message. The stock summary message updates every minute and
includes NYSE MKT's opening price, high price, low price, closing
price, and cumulative volume for the security.\5\
---------------------------------------------------------------------------

    \5\ Id.
---------------------------------------------------------------------------

    NYSE MKT BBO is an NYSE MKT-only market data feed that allows a
vendor to redistribute on a real-time basis the same best-bid-and-offer
information that the Exchange reports under the Consolidated Quotation
(``CQ'') Plan for inclusion in the CQ Plan's consolidated quotation
information data stream. The data feed

includes the best bids and offers for all securities that are traded on
the Exchange and for which NYSE MKT reports quotes under the CQ Plan.
    As part of the Exchange's efforts to regularly upgrade systems to
support more modern data distribution formats and protocols as
technology evolves, beginning March 1, 2016, NYSE MKT BBO and NYSE MKT
Trades will both be transmitted in a new format, Exchange Data Protocol
(XDP). Beginning March 1, 2016, the Exchange will transmit NYSE MKT BBO
and NYSE MKT Trades in both the legacy format and in XDP without any
additional fee being charged for providing these data feeds in both
formats. The dual dissemination will remain in place until July 1,
2016, the planned decommission date of the legacy format. Beginning
July 1, 2016, recipients of NYSE MKT BBO and NYSE MKT Trades who wish
to continue to receive NYSE MKT BBO and NYSE MKT Trades in the legacy
format will each be subject to the proposed Decommission Extension Fee
of $5,000 per month. During the extension period, recipients of NYSE
MKT BBO and NYSE MKT Trades would continue to be subject to the
subscription fees currently noted in the Fee Schedule. The extension
period for receiving these data feeds in the legacy format will expire
on September 1, 2016, on which date distribution of NYSE MKT BBO and
NYSE MKT Trades in the legacy format will be permanently discontinued.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\6\ in general, and
Sections 6(b)(4) and 6(b)(5) of the Act,\7\ in particular, in that it
provides an equitable allocation of reasonable fees among users and
recipients of the data and is not designed to permit unfair
discrimination among customers, issuers, and brokers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4), (5).
---------------------------------------------------------------------------

    The Exchange believes that adopting an extension fee for
subscribers of NYSE MKT BBO and NYSE MKT Trades who wish to receive
these data feeds in the legacy format for a period of time beyond the
built-in overlap period is reasonable, equitable and not unfairly
discriminatory because the proposed fee would apply equally to all data
recipients that currently subscribe to NYSE MKT BBO and NYSE MKT
Trades. The Exchange believes that it is reasonable to require data
recipients to pay an additional fee for taking the data feeds in the
legacy format beyond the period of time specifically allotted by the
Exchange for data feed customers to adapt to the new XDP format at no
extra cost. To that end, the extension fee is designed to encourage
data recipients to migrate to the XDP format in order to continue to
receive NYSE MKT BBO and NYSE MKT Trades in XDP as the legacy format
would no longer be available after that date. The Exchange does not
intend to support the legacy format at all after September 1, 2016.
    The Exchange notes that NYSE MKT BBO and NYSE MKT Trades are
entirely optional. The Exchange is not required to make NYSE MKT BBO
and NYSE MKT Trades available or to offer any specific pricing
alternatives to any customers, nor is any firm required to purchase
NYSE MKT BBO and NYSE MKT Trades, nor is the Exchange required to offer
any feed (NYSE MKT BBO, NYSE MKT Trades, or otherwise) in a particular
format, and it is a benefit to the markets generally that NYSE MKT
update its distribution technology to make it more efficient (and at
the same time eliminate less efficient forms of dissemination). Firms
that do purchase NYSE MKT BBO and NYSE MKT Trades do so for the primary
goals of using them to increase revenues, reduce expenses, and in some
instances compete directly with the Exchange (including for order
flow); those firms are able to determine for themselves whether NYSE
MKT BBO and NYSE MKT Trades or any other similar products are
attractively priced or not.\8\
---------------------------------------------------------------------------

    \8\ See, e.g., Proposing Release on Regulation of NMS Stock
Alternative Trading Systems, Securities Exchange Act Release No.
76474 (Nov. 18, 2015) (File No. S7-23-15). See also, ``Brokers
Warned Not to Steer Clients' Stock Trades Into Slow Lane,''
Bloomberg Business, December 14, 2015 (Sigma X dark pool to use
direct exchange feeds as the primary source of price data).
---------------------------------------------------------------------------

    The decision of the United States Court of Appeals for the District
of Columbia Circuit in NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir.
2010), upheld reliance by the Securities and Exchange Commission
(``Commission'') upon the existence of competitive market mechanisms to
set reasonable and equitably allocated fees for proprietary market
data:

    In fact, the legislative history indicates that the Congress
intended that the market system `evolve through the interplay of
competitive forces as unnecessary regulatory restrictions are
removed' and that the SEC wield its regulatory power `in those
situations where competition may not be sufficient,' such as in the
creation of a `consolidated transactional reporting system.'

Id. at 535 (quoting H.R. Rep. No. 94-229 at 92 (1975), as reprinted in
1975 U.S.C.C.A.N. 323). The court agreed with the Commission's
conclusion that ``Congress intended that `competitive forces should
dictate the services and practices that constitute the U.S. national
market system for trading equity securities.' '' \9\
---------------------------------------------------------------------------

    \9\ NetCoalition, 615 F.3d at 535.
---------------------------------------------------------------------------

    As explained below in the Exchange's Statement on Burden on
Competition, the Exchange believes that there is substantial evidence
of competition in the marketplace for proprietary market data and that
the Commission can rely upon such evidence in concluding that the fees
established in this filing are the product of competition and therefore
satisfy the relevant statutory standards. In addition, the existence of
alternatives to the legacy format, such as converting to XDP as soon as
possible, further ensures that the Exchange cannot set unreasonable
fees, or fees that are unreasonably discriminatory, when vendors and
subscribers can select such alternatives.
    As the NetCoalition decision noted, the Commission is not required
to undertake a cost-of-service or ratemaking approach. The Exchange
believes that, even if it were possible as a matter of economic theory,
cost-based pricing for proprietary market data would be so complicated
that it could not be done practically or offer any significant
benefits.\10\
---------------------------------------------------------------------------

    \10\ The Exchange believes that cost-based pricing would be
impractical because it would create enormous administrative burdens
for all parties and the Commission to cost-regulate a large number
of participants and standardize and analyze extraordinary amounts of
information, accounts, and reports. In addition, and as described
below, it is impossible to regulate market data prices in isolation
from prices charged by markets for other services that are joint
products. Cost-based rate regulation would also lead to litigation
and may distort incentives, including those to minimize costs and to
innovate, leading to further waste. Under cost-based pricing, the
Commission would be burdened with determining a fair rate of return,
and the industry could experience frequent rate increases based on
escalating expense levels. Even in industries historically subject
to utility regulation, cost-based ratemaking has been discredited.
As such, the Exchange believes that cost-based ratemaking would be
inappropriate for proprietary market data and inconsistent with
Congress's direction that the Commission use its authority to foster
the development of the national market system, and that market
forces will continue to provide appropriate pricing discipline. See
Appendix C to NYSE's comments to the Commission's 2000 Concept
Release on the Regulation of Market Information Fees and Revenues,
which can be found on the Commission's Web site at http://www.sec.gov/rules/concept/s72899/buck1.htm. Finally, the prices set
herein are prices for continuing to support distribution formats the
Exchange has elected to retire in favor of new and more efficient
distribution formats, making cost-based analyses even less relevant.

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

    For these reasons, the Exchange believes that the proposed fees are
reasonable, equitable, and not unfairly discriminatory.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. An exchange's ability to
price its proprietary market data feed products is constrained by
actual competition for the sale of proprietary market data products,
the joint product nature of exchange platforms, and the existence of
alternatives to the Exchange's proprietary data (and in this instance,
the ability of any firm to switch to the new distribution format in a
time frame that eliminates the need to pay these fees entirely).
The Existence of Actual Competition
    The market for proprietary data products is currently competitive
and inherently contestable because there is fierce competition for the
inputs necessary for the creation of proprietary data and strict
pricing discipline for the proprietary products themselves. Numerous
exchanges compete with one another for listings and order flow and
sales of market data itself, providing ample opportunities for
entrepreneurs who wish to compete in any or all of those areas,
including producing and distributing their own market data. Proprietary
data products are produced and distributed by each individual exchange,
as well as other entities, in a vigorously competitive market. Indeed,
the U.S. Department of Justice (``DOJ'') (the primary antitrust
regulator) has expressly acknowledged the aggressive actual competition
among exchanges, including for the sale of proprietary market data. In
2011, the DOJ stated that exchanges ``compete head to head to offer
real-time equity data products. These data products include the best
bid and offer of every exchange and information on each equity trade,
including the last sale.'' \11\
---------------------------------------------------------------------------

    \11\ Press Release, U.S. Department of Justice, Assistant
Attorney General Christine Varney Holds Conference Call Regarding
NASDAQ OMX Group Inc. and IntercontinentalExchange Inc. Abandoning
Their Bid for NYSE Euronext (May 16, 2011), available at http://www.justice.gov/iso/opa/atr/speeches/2011/at-speech-110516.html; see
also Complaint in U.S. v. Deutsche Borse AG and NYSE Euronext, Case
No. 11-cv-2280 (DC Dist.) ] 24 (``NYSE and Direct Edge compete head-
to-head . . . in the provision of real-time proprietary equity data
products.'').
---------------------------------------------------------------------------

    Moreover, competitive markets for listings, order flow, executions,
and transaction reports provide pricing discipline for the inputs of
proprietary data products and therefore constrain markets from
overpricing proprietary market data. Broker-dealers send their order
flow and transaction reports to multiple venues, rather than providing
them all to a single venue, which in turn reinforces this competitive
constraint. As a 2010 Commission Concept Release noted, the ``current
market structure can be described as dispersed and complex'' with
``trading volume . . . dispersed among many highly automated trading
centers that compete for order flow in the same stocks'' and ``trading
centers offer[ing] a wide range of services that are designed to
attract different types of market participants with varying trading
needs.'' \12\ More recently, SEC Chair Mary Jo White has noted that
competition for order flow in exchange-listed equities is ``intense''
and divided among many trading venues, including exchanges, more than
40 alternative trading systems, and more than 250 broker-dealers.\13\
---------------------------------------------------------------------------

    \12\ Concept Release on Equity Market Structure, Securities
Exchange Act Release No. 61358 (Jan. 14, 2010), 75 FR 3594 (Jan. 21,
2010) (File No. S7-02-10). This Concept Release included data from
the third quarter of 2009 showing that no market center traded more
than 20% of the volume of listed stocks, further evidencing the
dispersal of and competition for trading activity. Id. at 3598. Data
available on ArcaVision show that from June 30, 2013 to June 30,
2014, no exchange traded more than 12% of the volume of listed
stocks by either trade or dollar volume, further evidencing the
continued dispersal of and fierce competition for trading activity.
See https://www.arcavision.com/Arcavision/arcalogin.jsp.
    \13\ Mary Jo White, Enhancing Our Equity Market Structure,
Sandler O'Neill & Partners, L.P. Global Exchange and Brokerage
Conference (June 5, 2014) (available on the Commission Web site),
citing Tuttle, Laura, 2014, ``OTC Trading: Description of Non-ATS
OTC Trading in National Market System Stocks,'' at 7-8.
---------------------------------------------------------------------------

    If an exchange succeeds in competing for quotations, order flow,
and trade executions, then it earns trading revenues and increases the
value of its proprietary market data products because they will contain
greater quote and trade information. Conversely, if an exchange is less
successful in attracting quotes, order flow, and trade executions, then
its market data products may be less desirable to customers in light of
the diminished content and data products offered by competing venues
may become more attractive. Thus, competition for quotations, order
flow, and trade executions puts significant pressure on an exchange to
maintain both execution and data fees at reasonable levels.
    In addition, in the case of products that are also redistributed
through market data vendors, such as Bloomberg and Thompson Reuters,
the vendors themselves provide additional price discipline for
proprietary data products because they control the primary means of
access to certain end users. These vendors impose price discipline
based upon their business models. For example, vendors that assess a
surcharge on data they sell are able to refuse to offer proprietary
products that their end users do not or will not purchase in sufficient
numbers. Vendors will not elect to make available NYSE MKT BBO or NYSE
MKT Trades in the legacy format unless their customers request it, and
customers will not elect to pay the proposed fees unless NYSE MKT BBO
and NYSE MKT Trades can provide value in the legacy formats by
sufficiently increasing revenues or reducing costs in the customer's
business in a manner that will offset the fees. The Exchange has
provided customers with adequate notice that it intends to discontinue
dissemination of the data feeds in the legacy format. Therefore, the
proposed Decommission Extension Fee would only be applicable to those
customers who have a need or desire to continue to take the data feeds
in the legacy format beyond the period provided for migration to the
XDP format. Customers who timely migrate to the XDP format to receive
the data feeds would not need to receive the data feeds in the legacy
format and therefore would not be subject to the Decommission Extension
Fee at all. All of these factors operate as constraints on pricing
proprietary data products.

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 foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \14\ of the Act and subparagraph (f)(2) of Rule
19b-4 \15\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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. If the Commission takes such action, the
Commission shall institute proceedings under Section 19(b)(2)(B) \16\
of the Act to determine whether the proposed rule change should be
approved or disapproved.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2016-37 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2016-37. This
file number should be included on the subject line if email 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
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2016-37 and should
be submitted on or before April 12, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-06409 Filed 3-21-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Notices]
[Pages 76432-76435]
[FR Doc No: 2014-29814]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73845; File No. SR-BATS-2014-066]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

December 16, 2014.
    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 December 3, 2014, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') 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
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change

effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to BATS Rules
15.1(a) and (c). Changes to the fee schedule pursuant to this proposal
are effective upon filing.
---------------------------------------------------------------------------

    \5\ A Member is defined as ``any registered broker or dealer
that has been admitted to membership in the Exchange.'' See Exchange
Rule 1.5(n).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office 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 IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    The Exchange proposes to make a number of clarifying, non-
substantive changes to the ``Options Pricing'' section of its fee
schedule effective immediately, in order to convert the existing fee
schedule into a chart format. The Exchange has already made similar
changes to the equities portion of the fee schedule and is now
proposing to make such changes as they relate to the fees and rebates
applicable to activity on the Exchange's options platform (``BATS
Options''). The Exchange believes that these changes will provide
greater transparency to Members about how the Exchange assesses fees
and calculates rebates, as well as allowing Members to more easily
validate their bills on a monthly basis. The Exchange notes that none
of these changes substantively amend any fee or rebate, nor do they
alter the manner in which the Exchange assesses fees or calculates
rebates. Specifically, the Exchange is proposing the following:
     To more clearly separate pricing applicable to BATS
Options from the Exchange's current fee schedule, which will remain
applicable to the Exchange's equities trading platform (``BATS
Equities''). Although the Exchange has always maintained a single fee
schedule applicable to BATS Options and BATS Equities, the Exchange
believes that separating the fee schedules will reduce potential
confusion. Accordingly, in addition to the header of the fee schedule,
the Exchange proposes to adopt a new effective date for the proposed
BATS Options fee schedule but to retain the existing effective date for
BATS Equities pricing.
     To make clear that rebates are indicated by parentheses.
     To state the following: The rates listed in the Standard
Rates table apply unless a Member's transaction is assigned a fee code
other than a standard fee code. If a Member's transaction is assigned a
fee code other than a standard fee code, the rates listed in the Fee
Codes and Associated Fees table will apply. Footnotes provide further
explanatory text or, where annotated to fee codes, indicate variable
rate changes, provided the conditions in the footnote are met.
     To add a section and chart titled ``Standard Rates,''
which will include the standard fees and rebates for Penny Pilot
securities, Non-Penny Pilot securities, and Mini Options for each order
capacity, including Customer, Professional, Firm, and Market Maker.
     To add a section titled ``Fee Codes and Associated Fees,''
which will include the fee or rebate, fee code, and a description for
each possible execution that could occur on the Exchange or on another
venue.
     To add a section titled ``Definitions,'' which will
include definitions that are defined in the current fee schedule. These
include the definitions listed below, which are identical to
definitions contained on the Exchange's current fee schedule, with the
exception that the Exchange has combined the definitions of Options
Step-Up Add TCV and September Options Step-Up Add TCV into Options
Step-Up Add TCV without specifying a baseline month. Instead, the
Exchange has proposed to specify the baseline month in the portion of
the fee schedule where the Options Step-Up Add TCV is applicable, which
the Exchange believes will help to avoid potential confusion between
applicable step-up tiers. ``ADAV'' means average daily added volume
calculated as the number of contracts added and ``ADV'' means average
daily volume calculated as the number of contracts added or removed,
combined, per day. ADAV and ADV are calculated on a monthly basis,
excluding contracts added or removed on any day that the Exchange's
system experiences a disruption that lasts for more than 60 minutes
during regular trading hours (``Exchange System Disruption'') and on
any day with a scheduled early market close. Routed contracts are not
included in ADAV or ADV calculation. With prior notice to the Exchange,
a Member may aggregate ADAV or ADV with other Members that control, are
controlled by, or are under common control with such Member. ``Options
Step-Up Add TCV'' means ADAV as a percentage of TCV in the relevant
baseline month subtracted from current ADAV as a percentage of TCV.
``TCV'' means total consolidated volume calculated as the volume
reported by all exchanges to the consolidated transaction reporting
plan for the month for which the fees apply, excluding volume on any
day that the Exchange experiences an Exchange System Disruption and on
any day with a scheduled early market close. ``Customer'' applies to
any transaction identified by a Member for clearing in the Customer
range at the Options Clearing Corporation (``OCC''), excluding any
transaction for a ``Professional'' as defined in Exchange Rule 16.1.
``Firm'' applies to any transaction identified by a Member for clearing
in the Firm range at the OCC. ``Market Maker'' applies to any
transaction identified by a Member for clearing in the Market Maker
range at the OCC. ``Professional'' applies to any transaction
identified by a Member as such pursuant to Exchange Rule 16.1. ``Penny
Pilot Securities'' are those issues quoted pursuant to Exchange Rule
21.5, Interpretation and Policy .01.
     To add a section titled ``General Notes,'' that will
include the following notes: The Exchange notes that to the extent a
Member does not qualify for any of the tiers listed below, the rates
listed in the above section titled Fee Codes and Associated Fees will
apply; and to the extent a Member qualifies for higher rebates and/or
lower fees than those provided by a tier for which such Member
qualifies, the higher rebates and/or lower fees shall apply.
     To add a series of footnotes describing all tiers
applicable to trading on BATS Options, including Customer Penny Pilot
Add Tiers, Professional and Firm Penny Pilot Add Tier, Professional,
Firm and Market Maker

Penny Pilot Take Tier, NBBO Setter Tiers, and Quoting Incentive Program
Tiers.
    To add new sections and charts titled ``Options Logical Port Fees''
and ``Options Physical Connection Fees,'' which, other than being in
chart form, will be identical to the current fee schedule. As it
relates to physical connection fees, the Exchange notes that such fees
relate only to the total number of physical connections that a Member
has to the Systems.\6\ More specifically, this means that to the extent
that a Member has a physical connection to the Exchange that they use
for the purpose of connecting to both BATS Equities and BATS Options
Systems, such Member would only be charged for one physical connection.
Although this information is duplicative, the Exchange believes it is
important with the proposed bifurcation of fees applicable to BATS
Equities and BATS Options to include connectivity fees on the fee
schedule for BATS Options so that Members that have their only or
primary relationship with BATS Options have easy access to information
regarding such fees.
---------------------------------------------------------------------------

    \6\ System is defined in BATS Rule 1.5(aa) and 16.1(a)(59).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\7\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\8\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues or providers of routing services
if they deem fee levels to be excessive.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes are reasonable and
equitable because they are non-substantive and the Exchange is not
changing any fees or rebates that apply to trading activity on BATS
Options or routed executions. Further, the changes are designed to make
the fee schedule easier to read and for Members to validate the bills
that they receive from the Exchange. The Exchange also believes that
the proposal is non-discriminatory because it applies uniformly to all
Members, and again, the Exchange is not making any changes to existing
fees and rebates. Finally, the Exchange believes that the proposed fee
schedule will be clearer and less confusing for investors and will
eliminate potential investor confusion, thereby removing impediments to
and perfecting the mechanism of a free and open market and a national
market system, and, in general, protecting investors and the public
interest.

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

    The Exchange 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. To
the contrary, the Exchange believes that the changes will both make the
fee schedule easier to read and simultaneously provide Members with an
easier way to validate their bills on a monthly basis, both of which
the Exchange believes are important components of customer service and
which will allow the Exchange to better compete for order flow. The
Exchange reiterates that the changes are only to the format of the fee
schedule and are entirely non-substantive. As stated above, the
Exchange notes that it operates in a highly competitive market in which
market participants can readily direct order flow to competing venues
if the deem fee structures to be unreasonable or excessive.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and paragraph (f)(2) of Rule 19b-4
thereunder.\10\ 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. If
the Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.
---------------------------------------------------------------------------

    \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 email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2014-066 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2014-066. This file
number should be included on the subject line if email 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
10:00 a.m. and 3:00 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-BATS-2014-066 and should be
submitted on or before January 12, 2015.

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

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-29814 Filed 12-19-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Proposed Rules]
[Pages 43511-43512]
[FR Doc No: 2020-15432]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0626; Airspace Docket No. 20-ANM-23]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Leadville, CO

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, extending
upward from 700 feet above the surface, at Lake County Airport by
reducing the overall dimensions of the area. Also, this action proposes
to make an administrative amendment to the airport's geographic
coordinates. This action would ensure the safety and management of IFR
operations at the airport.

DATES: Comments must be received on or before August 31, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2020-0626; Airspace Docket No. 20-ANM-23, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to

Docket No. FAA-2020-0626; Airspace Docket No. 20-ANM-23''. The postcard
will be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace
Designations and Reporting Points, dated August 8, 2019, and effective
September 15, 2019. FAA Order 7400.11D is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11D lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by amending Class E airspace, extending
upward from 700 feet above the surface, at Lake County Airport. The
area is larger than required to contain IFR aircraft on the instrument
procedures published for the airport. This area is designed to contain
IFR departures to 1,200 feet above the surface and IFR arrivals
descending below 1,500 feet above the surface. This airspace area would
be described as follows: That airspace extending upward from 700 feet
above the surface within a 3.5-mile radius of the airport, and within 3
miles each side of the 164[deg] bearing from the airport, extending
from the 3.5-mile radius to 14.5 miles south of the airport, and within
2.7 miles each side of the 350[deg] bearing from the airport, extending
from the 3.5-mile radius to 14.7 miles north of Lake County Airport.
    Also, this action proposes to update the airport's geographic
coordinates to ``lat. 39[deg]13'10'' N, long. 106[deg]18'59'' W.''
    Class E5 airspace designations are published in paragraph 6005 of
FAA Order 7400.11D, dated August 8, 2019, and effective September 15,
2019, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM CO E5 Leadville, CO [Amended]

Lake County Airport, CO
    (lat. 39[deg]13'10'' N, long. 106[deg]18'59'' W)

    That airspace extending upward from 700 feet above the surface
within a 3.5-mile radius of the airport, and within 3 miles each
side of the 164[deg] bearing from the airport, extending from the
3.5-mile radius to 14.5 miles south of the airport, and within 2.7
miles each side of the 350[deg] bearing from the airport, extending
from the 3.5-mile radius to 14.7 miles north of Lake County Airport.

    Issued in Seattle, Washington, on July 13, 2020.
Byron G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2020-15432 Filed 7-16-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 9, 2007 (Volume 72, Number 194)]
[Notices]
[Page 57317]
[DOCID:fr09oc07-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Effectiveness of Exempt Wholesale Generator or Foreign
Utility Company Status

September 24, 2007.
    In the Matter of: Docket Nos. EG07-49-000, EG07-52-000, EG07-53-
000, EG07-54-000, EG07-55-000, EG07-56-000, FC07-50-000, FC07-51-
000, Sweetwater Wind 4 LLC, Goat Mountain Wind, LP, Bethlehem
Renewable Energy, LLC, Stanton Wind Energy, LLC, Scurry County Wind
II, LLC, Tiverton Power, Inc., Rumford Power, Inc., TransCanada
Energy, Ltd., CMS Enterprise Company

    Take notice that during the month of July 2007, the status of the
above-captioned entities as Exempt Wholesale Generators or Foreign
Utility Companies became effective by operation of the Commission's
regulations. 18 CFR 366.7(a).

Kimberly D. Bose,
Secretary.
[FR Doc. E7-19774 Filed 10-5-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Notices]
[Page 20045]
[FR Doc No: 2012-7925]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1999-DR; Docket ID FEMA-2012-0002]

Texas; Amendment No. 8 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Texas (FEMA-1999-DR), dated July 1, 2011, and related
determinations.

DATES: Effective Date: March 15, 2012.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Texas is hereby amended to include the following areas
among those areas determined to have been adversely affected by the
event declared a major disaster by the President in his declaration of
July 1, 2011.

Erath, Wichita, and Midland Counties for Public Assistance

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. 2012-7925 Filed 4-2-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)]
[Notices]
[Page 32985]
[FR Doc No: 2011-14018]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1973-DR; Docket ID FEMA-2001-0001]

Georgia; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Georgia (FEMA-1973-DR), dated April 29, 2011,
and related determinations.

DATES: Effective Date: April 29, 2011.

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 April 29, 2011, the President declared a major disaster under the
authority of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as follows:

    I have determined that the damage in certain areas of the State
of Georgia resulting from severe storms, tornadoes, straight line
winds, and associated flooding during the period of April 27-28,
2011, 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 Georgia.
    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
assistance for debris removal and emergency protective measures
(Categories A and B), including direct Federal assistance, under the
Public Assistance program in the designated areas, Hazard Mitigation
throughout the State, and any other forms of assistance under the
Stafford Act that you deem appropriate subject to completion of
Preliminary Damage Assessments (PDAs), unless you determine that the
incident is of such unusual severity and magnitude that PDAs are not
required to determine the need for supplemental Federal assistance
pursuant to 44 C.F.R. 206.33(d).
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance, Hazard Mitigation, and Other Needs Assistance
will be limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
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, Gracia B. Szczech, of FEMA is
appointed to act as the Federal Coordinating Officer for this declared
disaster.
    The following areas of the State of Georgia have been designated as
adversely affected by this declared major disaster:

    Bartow, Catoosa, Dade, Floyd, Polk, Spalding, and Walker
Counties for Individual Assistance.
    Bartow, Catoosa, Coweta, Dade, Floyd, Greene, Lamar, Meriwether,
Monroe, Morgan, Pickens, Polk, Rabun, Spalding, Troup, and Walker
Counties for debris removal and emergency protective measures
(Categories A and B), including direct Federal assistance, under the
Public Assistance program.
    All counties within the State of Georgia 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.

    Dated: June 1, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-14018 Filed 6-6-11; 8:45 am]
BILLING CODE 9111-23-P