[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Notices]
[Pages 62644-62646]
[FR Doc No: 2018-26272]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84673; File No. SR-NYSEAMER-2018-50]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Change To Amend Certain
of Its Listing Fees

November 28, 2018.
    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 November 21, 2018, NYSE American LLC (the ``Exchange''
or ``NYSE American'') 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.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend certain of its listing fees. The
proposed change is available on the Exchange's website 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 amend Section 141 of the NYSE American
Company Guide to amend certain of its listing fee provisions. The
amended fees will take effect in the 2019 calendar year. The following
are the proposed fee increases:
     The annual fee for a common stock with 50 million shares
or less outstanding would increase from $40,000 to $45,000.
     The annual fee for a common stock with more than 50
million and up to 75 million shares outstanding would increase from
$50,000 to $60,000.
     The annual fee for a common stock with more than 75
million shares outstanding would increase from $60,000 to $70,000.
    As described below, the Exchange proposes to make the
aforementioned fee increases to better reflect the Exchange's costs
related to listing equity securities and the corresponding value of
such listing to issuers.
    The Exchange also proposes to remove a number of references in
Section 141 to fees that are no longer applicable as they were
superseded by new fee rates specified in the rule text.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\4\ in general, and furthers the
objectives of Section 6(b)(4) \5\ of the Act, in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges. The Exchange also believes that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\6\ in that
it is designed to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
    \6\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that it represents an equitable allocation of
reasonable fees to increase the various listing fees as set forth above
because of the increased costs incurred by the Exchange since it
established the current rates. In that regard, the Exchange notes that
its general costs have increased since its most recent fee adjustments,
including due to price inflation. In addition, the Exchange continues
to improve and increase the services it provides to listed companies.
These improvements include the continued development and enhancement of
an interactive web-based platform designed to improve communication
between the Exchange and listed companies, the availability to listed
companies of the Exchange's new state-of-the-art conference facilities
at 11 Wall Street, and continued development of an investor relations
tool available to all listed companies which provides companies with
information enabling them to better understand the trading and
ownership of their securities and the cost of providing content for
inclusion in that tool.
    The above fee changes are not unfairly discriminatory because the
same fee schedule will apply to all listed issuers. Further, the
Exchange operates in a competitive environment and its fees are
constrained by competition in the marketplace. Other venues currently
list all of the categories of securities covered by the proposed fees
and if a company believes that the Exchange's fees are unreasonable it
can decide either not to list its securities or to list them on an
alternative venue.
    The proposed removal of text relating to fees that are no longer
applicable is ministerial in nature and has no substantive effect.

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. The proposed rule change is
designed to ensure that the fees charged by the Exchange accurately
reflect the services provided and benefits realized by listed
companies. The market for listing services is extremely competitive.
Each listing exchange has a different fee schedule that applies to
issuers seeking to list securities on its exchange. Issuers have the
option to list their securities on these alternative venues based on
the fees charged and the value provided by each listing. Because
issuers have a choice to list their securities on a different national
securities exchange, the Exchange does not believe that the proposed
fee changes impose a burden on competition.

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) \7\ of the Act and subparagraph (f)(2) of Rule 19b-
4\8\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(2).
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    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) \9\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \9\ 15 U.S.C. 78s(b)(2)(B).
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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 protected]. Please include
File Number SR-NYSEAMER-2018-50 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-NYSEAMER-2018-50. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMER-2018-50 and should be submitted
on or before December 26, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26272 Filed 12-3-18; 8:45 am]
 BILLING CODE 8011-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on May 11, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 1999-6718

________________________________________________________________________
________________________________________________________

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

Applicant:  AERO SERVICIOS REGIOMONTANOS, S.A.
                 Date Filed:  April 14, 2004

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct passenger charter operations between
Mexico and the United States, and other passenger charters in accordance
with 14 CFR Part 212, using small equipment (see below).

If renewal, date and citation of last action:  April 24, 2003, in this
Docket.

Applicant representative:  Eugene E. Smith,<PHONE_NUMBER>
DOT analyst:  Allen Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved
                                            Action date:  May 11, 2004

Effective dates of authority granted:  May 11, 2004, through May 11,
2005

Basis for approval:  United States-Mexico Air Transport Services
Agreement (Agreement).

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  Standard exemption
conditions.

Special conditions/Remarks:  In the conduct of these operations, the
carrier must adhere to all applicable provisions of the U.S.-Mexico
Agreement.  In the conduct of these operations, the carrier may only use
aircraft capable of carrying no more than 60 passengers and having a
maximum payload capacity of no more than 18,000 pounds (small
equipment).  The above grant includes authority to operate Third and
Fourth Freedom charters.  While we have subjected, consistent with the
provisions of the Agreement, Mexican carriers conducting charter
operations with large aircraft to prior approval or submission of notice
for their Third and Fourth Freedom charters, we determined that any such
requirement was not necessary on public interest grounds in this case of
this carrier, since the carrier will be conducting these operations
solely with small aircraft.  (Other charter operations to/from the
United States under this authority, however, are subject to prior
approval under 14 CFR Part 212.)  Further, we are continuing to allow
Mexican carriers conducting passenger charters using small equipment to
make stopovers in the United States in the conduct of such operations.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

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

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

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


[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Notices]
[Pages 701-702]
[FR Doc No: 2020-29258]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25854; FMCSA-2010-0203; FMCSA-2015-0323; FMCSA-
2016-0007; FMCSA-2016-0008; FMCSA-2018-0051; FMCSA-2018-0052; FMCSA-
2018-0056]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 10
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before February
5, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2006-25854, Docket No. FMCSA-
2010-0203, Docket No. FMCSA-2015-0323, Docket No. FMCSA-2016-0007,
Docket No. FMCSA-2016-0008, Docket No. FMCSA-2018-0051, Docket No.
FMCSA-2018-0052, or Docket No. FMCSA-2018-0056 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2006-25854, FMCSA-2010-0203, FMCSA-2015-0323,
FMCSA-2016-0007, FMCSA-2016-0008, FMCSA-2018-0051, FMCSA-2018-0052, or
FMCSA-2018-0056), indicate the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so that
FMCSA can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2006-25854, FMCSA-2010-0203, FMCSA-2015-
0323, FMCSA-2016-0007, FMCSA-2016-0008, FMCSA-2018-0051, FMCSA-2018-
0052, or FMCSA-2018-0056, in the keyword box, and click ``Search.''
When the new screen appears, click on the ``Comment Now!'' button and
type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2006-25854, FMCSA-2010-0203, FMCSA-
2015-0323, FMCSA-2016-0007, FMCSA-2016-0008, FMCSA-2018-0051, FMCSA-
2018-0052, or FMCSA-2018-0056, in the keyword box, and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the internet, you
may view the docket online by visiting Dockets Operations in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before
visiting Dockets Operations.

C. Privacy Act

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

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a

level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption. The statute also allows the
Agency to renew exemptions at the end of the 5-year period. FMCSA
grants medical exemptions from the FMCSRs for a 2-year period to align
with the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The 10 individuals listed in this notice have requested renewal of
their exemptions from the epilepsy and seizure disorders prohibition in
Sec.  391.41(b)(8), in accordance with FMCSA procedures. Accordingly,
FMCSA has evaluated these applications for renewal on their merits and
decided to extend each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 10
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The 10
drivers in this notice remain in good standing with the Agency, have
maintained their medical monitoring and have not exhibited any medical
issues that would compromise their ability to safely operate a CMV
during the previous 2-year exemption period. In addition, for
Commercial Driver's License (CDL) holders, the Commercial Driver's
License Information System and the Motor Carrier Management Information
System are searched for crash and violation data. For non-CDL holders,
the Agency reviews the driving records from the State Driver's
Licensing Agency. These factors provide an adequate basis for
predicting each driver's ability to continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each renewal applicant for a period of 2 years is likely
to achieve a level of safety equal to that existing without the
exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of January
and are discussed below.
    As of January 1, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following eight individuals have satisfied the
renewal conditions for obtaining an exemption from the epilepsy and
seizure disorders prohibition in the FMCSRs for interstate CMV drivers:

Scott D. Engelman (PA)
Scott I. Habeck (SD)
Todd W. Hines (OH)
Jordan M. Hyster (OH)
Everett J. Letourneau (ND)
Scott A. Ready, Sr. (WI)
Douglas J. Simms, Jr. (NC)
Ronald E. Wagner (OH)

    The drivers were included in docket number FMCSA-2015-0323, FMCSA-
2016-0007, FMCSA-2016-0008, FMCSA-2018-0051, FMCSA-2018-0052, and
FMCSA-2018-0056. Their exemptions are applicable as of January 1, 2021,
and will expire on January 1, 2023.
    As of January 1, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:

Brian Porter (PA)
Michael W. Thomas (KS)

    The drivers were included in docket number FMCSA-2006-25854 and
FMCSA-2010-0203. Their exemptions are applicable as of January 15,
2021, and will expire on January 15, 2023.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must remain seizure-free and maintain a stable
treatment during the 2-year exemption period; (2) each driver must
submit annual reports from their treating physicians attesting to the
stability of treatment and that the driver has remained seizure-free;
(3) each driver must undergo an annual medical examination by a
certified ME, as defined by Sec.  390.5; and (4) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file, or keep a copy of his/her
driver's qualification file if he/she is self-employed. The driver must
also have a copy of the exemption when driving, for presentation to a
duly authorized Federal, State, or local enforcement official. The
exemption will be rescinded if: (1) The person fails to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136(e) and 31315(b).

VI. Preemption

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

VII. Conclusion

    Based on its evaluation of the 10 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the epilepsy
and seizure disorders prohibition in Sec.  391.41(b)(8). In accordance
with 49 U.S.C. 31136(e) and 31315(b), each exemption will be valid for
2 years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-29258 Filed 1-5-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Notices]
[Page 54569]
[FR Doc No: 2015-22795]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-3106]

Animal Food; Export Certificates; Food and Drug Administration
Food Safety Modernization Act of 2011; Certification Fees

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
fees we will assess for issuing export certificates for animal food.
The FDA Food Safety Modernization Act (FSMA) of 2011 authorizes us to
charge fees to cover our costs associated with issuing export
certificates for regulated food including animal food. This notice
provides the fee schedule for issuing these certificates and the basis
for the fees. We have not previously collected fees to issue export
certificates for animal food.

DATES: The fees described in this document for export certificates for
animal food will be effective October 1, 2015.

FOR FURTHER INFORMATION CONTACT: Joanne Kla, Office of Surveillance and
Compliance, Center for Veterinary Medicine (HFV-235), Food and Drug
Administration, 7500 Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In April 1996, a law entitled the ``FDA Export Reform and
Enhancement Act of 1996'' (Pub. L. 104-134, amended by Pub. L. 104-180)
amended sections 801(e) and 802 of the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) (21 U.S.C. 381(e) and 382). It was designed to ease
restrictions on exportation of unapproved pharmaceuticals, biologics,
and devices regulated by FDA. Section 801(e)(4) of the FD&C Act
provides that persons exporting certain FDA regulated products may
request FDA to certify that the products meet the requirements of
section 801(e)(1), section 802, or other applicable requirements of the
FD&C Act. Section 801(e)(4) of the FD&C Act also requires FDA to issue
certification within 20 days of receipt of the request and authorizes
us to charge up to $175 for each certification issued within 20 days.
In January 2011, section 801(e)(4)(A) of the FD&C Act was amended by
FSMA (Pub. L. 111-353) to provide authorization for export
certification fees for regulated food, including animal food (referred
to as animal feed in section 107(b) of FSMA). Section 801(e)(4) of the
FD&C Act authorizes FDA to issue export certificates for regulated
food, drugs, and devices that are legally marketed in the United
States, as well as for these same products that are not legally
marketed but are legally exported under section 801(e) or 802 of the
FD&C Act. The focus of this notice is on export certificates issued by
the Center for Veterinary Medicine (CVM) for animal food.

II. Fees To Be Assessed for Export Certificates

    CVM estimates the costs of the export certification program for
animal food to be approximately $548,000 per year for payroll and
operating expenses. There are four cost categories for preparing and
issuing export certificates in general. They are: (1) Direct personnel
for research, review, tracking, writing, and assembly; (2) purchase of
equipment and supplies used for tracking, processing, printing, and
packaging. Recovery of the cost of the equipment is calculated over its
useful life; (3) billing and collection of fees; and (4) overhead and
administrative support. In fiscal year (FY) 2014 CVM issued
approximately 933 animal food export certificates. Because CVM has not
been charging fees for issuing export certificates for animal food, the
program has been covered by appropriated funds.
    As mentioned previously in this document, FDA may charge up to $175
for each certificate. Certificates for some classes of products,
including animal food, cost the Agency more than $175 to prepare.
Subsequent certificates issued for the same product(s) in response to
the same request generally cost FDA less than $175 to prepare. The fee
for all subsequent certificates for the same product(s) issued in
response to the same request reflects reduced FDA costs for preparing
those certificates.
    The following fees will be assessed starting October 1, 2015, for
animal food export certificates:

 Table 1--CVM Fees for First, Second, and Subsequent Export Certificates
------------------------------------------------------------------------
                   Type of certificate                     Fee (dollars)
------------------------------------------------------------------------
First certificate.......................................             175
Second certificate for the same product(s) issued in                 155
 response to the same request...........................
Subsequent certificates for the same product(s) issued                70
 in response to the same request........................
------------------------------------------------------------------------

    The fee for issuing the first export certificate for animal food
will be at the maximum allowable amount and consistent with the export
certification fees assessed since FY 1997 by other FDA Centers that
provide export certification for drugs and devices. The fees for
issuing subsequent certificates continue to differ among the Centers,
based on varying costs.

    Dated: September 1, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-22795 Filed 9-9-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: April 15, 2008 (Volume 73, Number 73)]
[Notices]
[Page 20318]
[DOCID:fr15ap08-103]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2008-0197]

Navigation Safety Advisory Council; Meeting

AGENCY: Coast Guard, DHS.

ACTION: Notice of meeting.

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SUMMARY: The Navigation Safety Advisory Council (NAVSAC) will meet to
discuss various issues relating to the safety of navigation. The
meeting will be open to the public.

DATES: NAVSAC will meet on Wednesday, May 14, 2008, from 8 a.m. to 5
p.m. and Thursday, May 15, 2008 from 8 a.m. to 5 p.m. The meeting may
close early if all business is finished. Written material and requests
to make oral presentations should reach the Coast Guard on or before
April 28, 2008. Requests to have a copy of your material distributed to
each member of the committee should reach the Coast Guard on or before
April 28, 2008.

ADDRESSES: NAVSAC will meet in the Crowne Plaza Hotel Seattle, 1113 6th
Avenue, Seattle, WA 98101. Send written material and requests to make
oral presentations to Mr. John Bobb, Commandant (CG-54121), U.S. Coast
Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001.
This notice is available on our online docket, USCG-2007-0028 at http:/
/www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Sollosi, Executive Director
of NAVSAC, or Mr. John Bobb, Assistant to the Executive Director,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER> or e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice of the meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-493).

Agenda of Meeting

    The agenda for the May 14-15, 2008 NAVSAC meeting is as follows:
    (1) COLREGS Rule 34.
    (2) NAVAID Mix Template.
    (3) AIS Authority.
    (4) Arctic Navigation Requirements.
    (5) High Speed Craft.

Procedural

    The meeting is open to the public. Please note that the meeting may
close early if all business is finished. At the Chair's discretion,
members of the public may make oral presentations during the meeting.
If you would like to make an oral presentation at the meeting, please
notify the Executive Director no later than April 28, 2008. Written
material for distribution at the meeting should reach the Coast Guard
no later than April 28, 2008. If you would like a copy of your material
distributed to each member of the committee in advance of the meeting,
please submit 20 copies to the Executive Director no later than April
28, 2008.

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
the Executive Director as soon as possible.

    Dated: April 4, 2008.
Wayne A. Muilenburg,
Captain, U.S. Coast Guard, Office of Waterways Management.
[FR Doc. E8-7940 Filed 4-14-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: December 29, 2006 (Volume 71, Number 250)]
[Notices]
[Page 78424-78425]
[DOCID:fr29de06-64]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos.: P-2197-073 and P-2206-030]

Alcoa Power Generating, Inc., Notice of Intent To Prepare an
Environmental Impact Statement and Notice of Scoping Meetings and Site
Visit and Soliciting Scoping Comments

December 21, 2006.
    Take notice that the following hydroelectric applications have been
filed with Commission and are available for public inspection:
    a. Type of Applications: New Major Licenses.
    b. Project Nos.: P-2197-073 and P-2206-030.
    c. Dates filed: April 25, 2006 and April 26, 2006.
    d. Applicants: Alcoa Power Generating, Inc. and Carolina Power and
Light Company d/b/a/ Progress Energy Carolinas, Inc.
    e. Names of Projects: Yadkin Hydroelectric Project and Yadkin-Pee
Dee River Hydroelectric Project.
    f. Locations: The Yadkin Project is located on the Yadkin River in
Davidson, Davie, Montgomery, Rowan, and Stanly Counties, North
Carolina. The Yadkin-Pee Dee River Project is located on the Yadkin and
Pee Dee Rivers in Anson, Montgomery, Richmond, and Stanly Counties,
North Carolina. There are no federal lands affected by these projects.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)--825(r).
    h. Applicant Contacts: Yadkin Project-Mr. Gene Ellis, Licensing and
Property Manager, Alcoa Power Generating, Inc., Yadkin Division, P.O.
Box 576, NC Highway 740, Badin, NC 28009-0576.
    Yadkin-Pee Dee Project-E. Michael Williams, Senior Vice President
Power Operations, Progress Energy, 410 S. Wilmington Street PEB 13,
Raleigh, North Carolina 27602; Telephone<PHONE_NUMBER>.
    i. FERC Contacts: Stephen Bowler at<PHONE_NUMBER> or
<EMAIL_ADDRESS>or Lee Emery at<PHONE_NUMBER> or

<EMAIL_ADDRESS>    j. Deadline for filing scoping comments: February 26, 2007.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    Scoping comments may be filed electronically via the Internet in
lieu of paper. The Commission strongly encourages electronic filings.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site (http://www.ferc.gov) under the

     I11``e-Filing'' link.
    k. This application is not ready for environmental analysis at this
time.
    l. The existing Yadkin Project consists of four developments on the
Yadkin River: High Rock, Tuckertown, Narrows, and Falls. The High Rock
development is the furthest upstream development, located at river mile
(RM 253, and includes the following existing facilities: (1) A dam and
spillway; (2) 10 flood gates; (3) a 14,400-acre reservoir, with a
normal pool elevation of 623.9 feet U.S. Geological Survey (USGS) datum
and a usable storage capacity of 217,400 acre-feet; and (4) a
powerhouse, integral to the dam, containing three turbine-generator
units with a total installed capacity of 32 megawatts (MW).
    The Tuckertown development (RM 244.3) includes the following
existing facilities: (1) dam; (2) spillway with 11 gates; (3) a 2,560-
acre reservoir, with a normal pool elevation of 564.7 feet USGS and a
usable storage capacity of 6,700 acre-feet; and (4) a powerhouse,
integral to the dam, containing three turbine-generator units with a
total installed capacity of 38 MW.
    The Narrows development (RM 236.5) includes the following existing
facilities: (1) A dam and spillway; (2) 22 flood gates and a trash
gate; (3) an intake structure with four openings each with two gates;
(4) four penstocks; (5) a powerhouse downstream of the dam; (6) a
bypass spillway with 10 control gates and a trash gate; (7) a 5,355-
acre reservoir, with a normal pool elevation of 509.8 feet USGS and a
usable storage capacity of 129,100 acre-feet; and (8) four turbine-
generators with a total installed capacity of 108 MW.
    The Falls development (RM 234) includes the following constructed
facilities: (1) A dam; (2) a spillway with 12 flood gates and a trash
gate; (3) a 204-acre reservoir, with a normal pool elevation of 332.8
feet USGS and a usable storage capacity of 940 acre-feet; and (4) a
powerhouse, integral to the dam, and containing three turbine-
generators with a total installed capacity of 31 MW.
    Alcoa Generating operates the High Rock development in a store-and-
release mode and the Tuckertown, Narrows, and Falls developments in a
run-of-river mode on a daily basis. The High Rock development provides
storage for the three downstream developments. The maximum annual
drawdown for High Rock is 13 feet.
    The existing Yadkin-Pee Dee Project consists of the Tillery
development on the Yadkin and Pee Dee Rivers and the Blewett Falls
development on the Pee Dee River. The Tillery development (RM 218)
includes the following existing facilities: (1) a dam and spillway; (2)
18 flood gates; (3) a trash sluice gate; (4) a 5,697-acre reservoir,
with a normal pool elevation of 277.3 feet North American Vertical
Datum of 1988 (NAVD 88) and a usable storage capacity of 84,150 acre-
feet; (5) a powerhouse, integral to the dam, containing four turbine-
generators with a total installed capacity of 84 MW; and (6) a small
turbine powering a ``house generator'' with an installed capacity of
360 kW.
    The Blewett Falls development (RM 188.2) includes the following
existing facilities: (1) A dam and spillway; (2)

wooden flashboards; (3) a 2,866-acre reservoir, with a normal pool
elevation of 177.2 feet NAVD 88 and a usable storage capacity of 30,893
acre-feet; (4) a powerhouse, integral to the dam, containing six pairs
of turbine-generators, each pair with its own penstock and headgate,
for a total installed capacity of 24.6 MW; and (5) a 900-foot-long
tailrace channel.
    The Tillery development is operated as a peaking facility with a
typical drawdown of not more than 4 feet under normal conditions. The
Blewett Falls development is operated as a re-regulating facility,
smoothing out flows released from the upstream developments.
    Alcoa Generating and Progress Energy propose to continue operating
the projects with proposed protection and enhancement measures.
    The proposed projects are described in detail in Scoping Document 1
(SD1).
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''

link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via email of new filings and issuances

related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Scoping Process. The Commission intends to prepare an
Environmental Impact Statement (EIS) on the project in accordance with
the National Environmental Policy Act. The EIS will consider both site-
specific and cumulative environmental impacts and reasonable
alternatives to the proposed action.
    Scoping Meetings. FERC staff will conduct one agency scoping
meeting and three public meetings. The agency scoping meeting will
focus on resource agency and non-governmental organization (NGO)
concerns, while the public scoping meetings are primarily for public
input. All interested individuals, organizations, and agencies are
invited to attend one or more of the meetings, and to assist the staff
in identifying the scope of the environmental issues that should be
analyzed in the EIS. The times and locations of these meetings are as
follows:

Yadkin Evening Scoping Meeting 1

Date: Tuesday, January 23, 2007
Time: 7 p.m.-9 p.m. (EST)
Place: Edward C. Smith Civic Center (Old Carolina Theatre)
Address: 217 South Main St., Lexington, NC

Yadkin Evening Scoping Meeting 2

Date: Wednesday, January 24, 2007
Time: 7 p.m.-9 p.m. (EST)
Place: Stanly County Agri-Civic Center
Address: 26032-b Newt Road, Albemarle, NC

Yadkin-Pee Dee Evening Scoping Meeting

Date: Thursday, January 25, 2007
Time: 7 p.m.-9 p.m. (EST)
Place: Lockhart Taylor Center
At South Piedmont Community College
Address: 514 North Washington Street, Wadesboro, NC

Yadkin and Yadkin-Pee Dee Afternoon, Agency Scoping Meeting

Date: Wednesday, January 24, 2007
Time: 1 p.m.-5 p.m. (EST)
Place: Stanly County Agri-Civic Center
Address: 26032-b Newt Road, Albemarle, NC

    Copies of the SD1 outlining the subject areas to be addressed in
the EIS were distributed to the parties on the Commission's mailing
list. Copies of the SD1 will be available at the scoping meeting or may
be viewed on the Web at http://www.ferc.gov using the ``eLibrary'' link

(see item m above).
    Site Visit. We will also conduct a tour of the project sites over a
4-day period. Those interested are invited to attend all or part of the
tours. Advanced registration is required in order to allow travel
logistics to be arranged. If you would like to participate in the
Yadkin site visits, please contact Jody Cason at<EMAIL_ADDRESS>or
804-639-6278 no later than Friday, January 12, 2007. If you would like
to participate in the Yadkin-Pee Dee site visits, please contact Sandie
Upchurch at<PHONE_NUMBER>, ext 1201, no later than Friday, January 12,
2007.

Yadkin Project Site Visits

Monday, January 22*
    9-9:30 Badin Boat Access Area
    9:45-12 Narrows dam
    12-1 Lunch
    1:15-3 Falls dam
    3:30-4 Old Whitney Access Area (if needed)

Tuesday, January 23*
    9-10:30 Salisbury pump station
    10:45-11:15 Dutch Second Creek Access Area
    11:30-12 Rowan County Tailrace Access below High Rock reservoir
    12-1 Lunch 1:15-2:30 High Rock dam
    2:45-4 Tuckertown dam

Yadkin-Pee Dee Project Site Visits

Wednesday, January 24*
    9-11 Meet at Morrow Mountain State Park Tour Tillery Lake shore
by van

Thursday, January 25*
    9-9:30 Meet at Tillery powerhouse, safety orientation
    9:30-11 Tour Tillery powerhouse and dam
    11-12 Travel to Blewett powerhouse; lunch
    12-12:15 Blewett orientation
    12:15-1:15 Blewett powerhouse and spillway tour
    1:15-1:30 Travel to Pee Dee boat ramp (Anson County)
    1:30-2:30 Blewett Lake and Grassy Islands
    2:30-2:45 Take out and depart
    *Advanced registration is required in order to allow travel
logistics to be arranged.

Objectives

    At the scoping meetings, the staff will: (1) Summarize the
environmental issues tentatively identified for analysis in the EIS;
(2) solicit from the meeting participants all available information,
especially quantifiable data, on the resources at issue;
    (3) encourage statements from experts and the public on issues that
should be analyzed in the EIS, including viewpoints in opposition to,
or in support of, the staff's preliminary views; (4) determine the
resource issues to be addressed in the EIS; and (5) identify those
issues that require a detailed analysis, as well as those issues that
do not require a detailed analysis.

Procedures

    The meetings are recorded by a stenographer and become part of the
formal record of the Commission proceeding on the project.
    Individuals, organizations, and agencies with environmental
expertise and concerns are encouraged to attend the meeting and to
assist the staff in defining and clarifying the issues to be addressed
in the EIS.

Magalie R. Salas,
Secretary.
[FR Doc. E6-22362 Filed 12-28-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 83 (Monday, April 30, 2018)]
[Notices]
[Page 18835]
[FR Doc No: 2018-09041]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-1419-000]

Walnut Ridge Wind, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding
Walnut Ridge Wind, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 14, 2018.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers, to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: April 24, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-09041 Filed 4-27-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: December 13, 2006 (Volume 71, Number 239)]
[Notices]
[Page 74964-74965]
[DOCID:fr13de06-75]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54882; File No. SR-Amex-2006-80]

Self-Regulatory Organizations; American Stock Exchange LLC; Order
Approving Proposed Rule Change To Amend Rule 777 Regarding Depository
Eligibility

December 6, 2006.

I. Introduction

    On August 21, 2006, the American Stock Exchange LLC (``Amex'')
filed with the Securities and Exchange Commission (``Commission'')
proposed rule change SR-Amex-2006-80 pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'').\1\ Notice of the
proposal was published in the Federal Register on September 21,
2006.\2\ No comment letters were received. For the reasons discussed
below, the Commission is approving the proposed rule change as amended.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 54442 (September 14,
2006), 71 FR 55229.
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II. Description

    In general, Amex is amending its depository eligibility
requirement. The rule change: (i) Deletes a reference to a distinction
between domestic and foreign issuers; (ii) deletes an exception for
securities whose terms cannot be reasonably modified to meet the
criteria for depository eligibility at all securities depositories; and
(iii) deletes additional requirements imposed by the rule that are no
longer necessary.
    Previously, before an issue of securities could be listed, Rule
777(a) required only a domestic issuer to represent to Amex that a
CUSIP number identifying the securities had been included in the file
of eligible issues maintained by a securities depository registered
with the Commission as a clearing agency under section 17A of the
Act.\3\ The same requirement did not apply to foreign issuers. However,
exclusion of foreign issuers is no longer necessary because they have
the capacity to comply with Rule 777 and have been doing so voluntarily
for years.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    Amex's rule change also deletes the exception in Rule 777(a) for
securities whose terms cannot be reasonably modified to meet the
criteria for depository eligibility at all securities depositories. The
exception was originally included in Rule 777(a) because, among other
things, various states and countries precluded the book-entry issuance
of securities. Following implementation of Rule 777(a), however, most,
if not all, states have amended their corporate statutes to allow for
book-entry issuance, and as a result the exception is no longer needed
to accommodate such issuers.
    Furthermore, Amex's rule change deletes a provision that prevented
new issues distributed by an underwriting syndicate prior to the date a
securities depository system for monitoring repurchases of distributed
shares by the underwriting syndicate from becoming depository eligible
because such a system has become available. Prior to the availability
of such a system, a managing underwriter could delay the date a
security was deemed depository eligible for up to three months after
commencement of trading on Amex. Since the approval of Rule 777, The
Depository Trust Company (``DTC'') \4\ implemented its Initial Public
Offering Tracking System \5\ that enables lead managers and syndicate
members of equity underwritings to monitor repurchases of distributed
shares in an automated book-entry environment. Since DTC has the
capability to monitor repurchases of distributed shares, the
requirements listed in Rule 777(b) are no longer necessary, and Amex
has deleted Rule 777(b) in its entirety.
---------------------------------------------------------------------------

    \4\ DTC is a securities depository registered with the
Commission under sections 17A and 19 of the Act as a clearing
agency.
    \5\ Securities Exchange Act Release No. 37208 (May 13, 1996), 61
FR 25253 (May 20, 1996) [File No. SR-DTC-95-27].
---------------------------------------------------------------------------

    Finally, Amex has cross-referenced rules 776 and 777 in Part 1 of
the Amex Company Guide to clarify that Rules 776 and 777 are initial
and continued listing standards applicable to companies listed on Amex.

III. Discussion

    Section 19(b) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to

such organization.\6\ Section 6(b)(5) of the Act requires, among other
things, that the rules of an exchange be designed to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities and to remove impediments to and perfect the
mechanism of a free and open market and a national market system.\7\
The Commission finds that Amex's rule change is consistent with these
requirements. By revising its rule regarding depository eligibility,
Amex's proposed rule change fosters cooperation and coordination with
persons engaged in clearing and settling transactions in securities and
perfects the mechanism of a free and open market and a national market
system.\8\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
the rules and regulations thereunder applicable to a national
securities exchange and in particular Section 6(b)(5) of the Act and
the rules and regulations thereunder.
    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\9\ that the proposed rule change (File No. SR-Amex-2006-80) be and
hereby is approved.
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    \9\ 15 U.S.C. 78s(b)(2).
    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E6-21169 Filed 12-12-06; 8:45 am]

BILLING CODE 8011-01-P