[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Pages 54931-54933]
[FR Doc No: 2013-21673]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-30683]

Notice of Applications for Deregistration Under the Investment
Company Act of 1940

August 30, 2013.
    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 2013. 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 24, 2013, and
should be accompanied by proof of service on the applicant, in the form
of an affidavit or, for lawyers, a certificate of service. Hearing
requests should state the nature of the writer's interest, 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
Secretary, U.S. Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Diane L. Titus at<PHONE_NUMBER>, SEC,
Division of Investment Management, Exemptive Applications Office, 100 F
Street NE., Washington, DC 20549-8010.

Morgan Stanley Frontier Emerging Markets Fund, Inc. [File No. 811-
22202]

    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 Frontier Emerging Markets Portfolio, a series
of Morgan Stanley Institutional Fund, Inc. and, on September 17, 2012,
made a final distribution to its shareholders based on net asset value.
Expenses of $135,070 incurred in connection with the reorganization
were paid by applicant.
    Filing Dates: The application was filed on May 21, 2013, and
amended on July 26, 2013.
    Applicant's Address: c/o Morgan Stanley Investment Management Inc.,
522 Fifth Ave., New York, NY 10036.

Clarity Fund, Inc. [File No. 811-22372]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On July 11, 2013, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $5,125 incurred in connection with the liquidation were
paid by applicant.
    Filing Dates: The application was filed on July 15, 2013, and
amended on July 26, 2013.
    Applicant's Address: 2001 Westown Parkway, Suite 110, West Des
Moines, IA 50265.

Malaysia Fund, Inc. [File No. 811-5082]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On August 17,
2012, applicant made a liquidating distribution to its shareholders,
based on net asset value. Applicant states that it has transferred
approximately $13,326 to Computershare, applicant's transfer agent,
representing amounts owed to shareholders whose current addresses are
unknown or who have not cashed distribution checks. Applicant
represents that Computershare will continue attempting to contact the
outstanding shareholders for the period specified by state law.
Expenses of $70,086 incurred in connection with the liquidation were
paid by applicant.
    Filing Dates: The application was filed on May 21, 2013, and
amended on July 26, 2013.

    Applicant's Address: c/o Morgan Stanley Investment Management Inc.,
522 Fifth Ave., New York, NY 10036.

Mill City Ventures III, Ltd. [File No. 811-22778]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company as of February
7, 2013, the date applicant elected to be regulated as a business
development company.
    Filing Dates: The application was filed on May 15, 2013, and
amended on August 12, 2013.
    Applicant's Address: 130 West Lake Street, Suite 300, Wayzata, MN
55391.

UBS Municipal Money Market Series [File No. 811-6173]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On November 22, 2011, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Applicant has retained $437 in cash to cover outstanding debts and
other liabilities. Expenses of approximately $65,886 incurred in
connection with the liquidation were paid by UBS Global Asset
Management (Americas) Inc., applicant's investment adviser.
    Filing Dates: The application was filed on May 23, 2013, and
amended on August 12, 2013.
    Applicant's Address: 1285 Avenue of the Americas, 12th Floor, New
York, NY 10019-6028.

Claymore Emerging Markets Opportunities Fund [File No. 811-22088]

Guggenheim Limited Duration Total Return Trust [File No. 811-22343]

    Summary: Each applicant, a each a closed-end investment company,
seeks an order declaring that it has ceased to be an investment
company. Applicants have never made public offerings of their
securities and do not propose to make public offerings or engage in
business of any kind.
    Filing Date: The applications were filed on July 29, 2013.
    Applicant's Address: 2455 Corporate West Dr., Lisle, IL 60532.

Monetta Fund, Inc. [File No. 811-4466]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant transferred its asset to Monetta
Fund, a series of Monetta Trust, and on April 30, 2013 made a
distribution to its shareholders based on net asset value. Expenses of
$9,198 incurred in connection with the reorganization were paid by
applicant.
    Filing Date: The application was filed on July 31, 2013.
    Applicant's Address: 1776-A S Naperville Rd., Suite 100, Wheaton,
IL 60189.

Seligman Pennsylvania Municipal Fund Series [File No. 811-4666]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant transferred its assets to a
corresponding series of Seligman Municipal Fund Series, Inc., and, on
July 8, 2009, made a distribution to its shareholders based on net
asset value. Expenses of $40,882 incurred in connection with the
reorganization were paid by applicant and Columbia Management
Investment Advisers, LLC, applicant's investment adviser, and its
affiliates.
    Filing Date: The application was filed on July 3, 2013.
    Applicant's Address: 901 Marquette Ave. South, Suite 2810,
Minneapolis, MN 55402-3268.

Seligman High Income Fund Series [File No. 811-4103]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant transferred its assets to a
corresponding series of RiverSource High Yield Income Series, Inc. and
RiverSource Government Income Series, Inc., and, on August 26, 2009,
made a distribution to its shareholders based on net asset value.
Expenses of $269,608 incurred in connection with the reorganization
were paid by applicant and Columbia Management Investment Advisers,
LLC, applicant's investment adviser, and its affiliates.
    Filing Date: The application was filed on July 3, 2013.
    Applicant's Address: 901 Marquette Ave. South, Suite 2810,
Minneapolis, MN 55402-3268.

Seligman Income and Growth Fund, Inc. [File No. 811-525]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant transferred its assets to a
corresponding series of RiverSource Investment Series, Inc., and, on
August 26, 2009, made a distribution to its shareholders based on net
asset value. Expenses of $93,072 incurred in connection with the
reorganization were paid by applicant and Columbia Management
Investment Advisers, LLC, applicant's investment adviser, and its
affiliates.
    Filing Date: The application was filed on July 3, 2013.
    Applicant's Address: 901 Marquette Ave. South, Suite 2810,
Minneapolis, MN 55402-3268.

Seligman New Jersey Municipal Fund, Inc. [File No. 811-5126]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant transferred its assets to a
corresponding series of Seligman Municipal Fund Series, Inc., and, on
July 8, 2009, made a distribution to its shareholders based on net
asset value. Expenses of $38,365 incurred in connection with the
reorganization were paid by applicant and Columbia Management
Investment Advisers, LLC, applicant's investment adviser, and its
affiliates.
    Filing Date: The application was filed on July 3, 2013.
    Applicant's Address: 901 Marquette Ave. South, Suite 2800,
Minneapolis, MN 55402-3268.

Seligman Core Fixed Income Fund, Inc. [File No. 811-10423]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant transferred its assets to a
corresponding series of RiverSource Diversified Income Series, Inc.,
and, on August 26, 2009, made a distribution to its shareholders based
on net asset value. Expenses of $60,387 incurred in connection with the
reorganization were paid by Columbia Management Investment Advisers,
LLC, applicant's investment adviser, and its affiliates.
    Filing Date: The application was filed on July 3, 2013.
    Applicant's Address: 901 Marquette Ave. South, Suite 2810,
Minneapolis, MN 55402-3268.

Seligman Common Stock Fund, Inc. [File No. 811-234]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant transferred its assets to s
corresponding series of RiverSource Large Cap Series, Inc., and, on
September 9, 2009, made a distribution to its shareholders based on net
asset value. Expenses of $84,475 incurred in connection with the
reorganization were paid by applicant and Columbia Management
Investment Advisers, LLC, applicant's investment adviser, and its
affiliates.
    Filing Date: The application was filed on July 3, 2013.
    Applicant's Address: 901 Marquette Ave. South, Suite 2810,
Minneapolis, MN 55402-3268.

Seligman Municipal Series Trust [File No. 811-4250]

RiverSource California Tax-Exempt Trust [File No. 811-4646]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. Each applicant has transferred its assets
to a corresponding series of Columbia Funds Series Trust I, and, on May
31, 2011, each made a final distribution to its shareholders based on
net asset value. Expenses of $77,332 and $48,550, respectively, were
paid by applicants and applicants' investment adviser Columbia
Management Investment Advisers, LLC, and its affiliates.
    Filing Dates: The applications were filed on March 8, 2013, and
amended on July 17, 2013.
    Applicants' Address: 901 Marquette Ave. South, Suite 2810,
Minneapolis, MN 55402-3268.

Seligman Municipal Fund Series Inc. [File No. 811-3828]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. The applicant transferred its assets to
corresponding series of Columbia Funds Series Trust I and Columbia
Funds Series Trust II, and on May 31, 2011, made a final distribution
to its shareholders based on net asset value. Expenses of $139,798
incurred in connection with the reorganization were paid by applicant
and applicant's investment adviser, Columbia Management Investment
Advisers, LLC.
    Filing Dates: The application was filed on March 8, 2013, and
amended on July 17, 2013.
    Applicant's Address: 901 Marquette Ave. South, Suite 2810,
Minneapolis, MN 55402-3268.

RiverSource Tax-Exempt Money Market Series, Inc. [File No. 811-3003]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. The applicant transferred its assets to
RiverSource Government Money Market Fund, Inc., and, on March 22, 2010,
made a final distribution to its shareholders based on net asset value.
Expenses of $74,000 incurred in connection with the reorganization were
paid by applicant's investment adviser, Columbia Management Investment
Advisers, LLC, and its affiliates.
    Filing Dates: The application was filed on March 8, 2013, and
amended on July 17, 2013.
    Applicant's Address: 901 Marquette Ave. South, Suite 2810,
Minneapolis, MN 55402-3268.

American Israeli Shared Values Trust [File No. 811-22119]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Between November 26, 2012, and November 29,
2012, applicant made liquidating distributions to its shareholders,
based on net asset value. Expenses of $6,835 incurred in connection
with the liquidation were paid by Amerisrael Capital Management, LLC,
applicant's investment adviser.
    Filing Dates: The application was filed on June 10, 2013, and
amended on August 2, 2013.
    Applicant's Address: 207 East 83rd St., Suite 3, New York, NY
10028.

RiverSource LaSalle International Real Estate Fund, Inc. [File No. 811-
22031]

    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 a corresponding series of Columbia Fund
Series Trust I, and, on April 5, 2011, made a distribution to its
shareholders based on net asset value. Expenses of $37,617 incurred in
connection with the reorganization were paid by applicant and Columbia
Management Investment Advisers, LLC, applicant's investment adviser.
    Filing Dates: The application was filed on March 8, 2013, and
amended on July 17, 2013.
    Applicant's Address: 901 Marquette Ave. South, Suite 2810,
Minneapolis, MN 55402-3268.

Separate Account VA EE [File No. 811-22182]

Separate Account VA W [File No. 811-21594]

Separate Account VA C [File No. 811-09503]

Separate Account VA Y [File No. 811-21858]

Separate Account VA X [File No. 811-21776]

Separate Account VA M [File No. 811-22622]

    Summary: Each Applicant seeks an order declaring that it has ceased
to be an investment company. The board of directors of the Applicants'
depositor, Transamerica Life Insurance Company (``Transamerica''),
approved the merger of each applicant into Separate Account VA B on
January 21, 2013. The mergers occurred on April 30, 2013. Transamerica
bore all of the expenses relating to the mergers.
    Filing Dates: The applications were filed on July 3, 2103 and
amended on July 26, 2013.
    Applicants' Address: 4333 Edgewood Road NE., Cedar Rapids, IA
52499.

Separate Account VA HNY [File No. 811-22183]

Separate Account VA WNY [File No. 811-21663]

Separate Account VA YNY [File No. 811-22138]

Separate Account VA N [File No. 811-22623]

Separate Account VA PP [File No. 811-22531]

    Summary: Each Applicant seeks an order declaring that it has ceased
to be an investment company. The board of directors of the Applicants'
depositor, Transamerica Financial Life Insurance Company
(``Transamerica Financial''), approved the merger of each applicant
into Separate Account VA BNY on March 25, 2013. The mergers occurred on
April 30, 2013. Transamerica Financial bore all expenses relating to
the mergers.
    Filing Dates: The applications were filed on July 3, 2103 and
amended on July 26, 2013.
    Applicants' Address: 440 Mamaronek Avenue, Harrison, NY 10528.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-21673 Filed 9-5-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 13, 2007 (Volume 72, Number 29)]
[Notices]
[Page 6723]
[DOCID:fr13fe07-37]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

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

February 6, 2007.

------------------------------------------------------------------------
                                                   Docket No.
------------------------------------------------------------------------
Rathdrum Power, LLC...................  EG07-10-000
Loess Hills Wind Farm, LLC............  EG07-11-000
Locust Ridge Wind Farm, LLC...........  EG07-12-000
Endeavor Power Partners, LLC..........  EG07-13-000
Brush Cogeneration Partners...........  EG07-14-000
Telecaset Wind Power Partners, LLC....  EG07-16-000
MMC Mid-Sun, LLC......................  EG07-17-000
NE Hydro Generating Company...........  EG07-18-000
InterGen (International) B.V..........  FC07-4-000
    Energia Azteca VIII, S. de R.L. de
     C.V.
    Servicios Azteca VIII, S. de R.L.
     de C.V.
    Operaciones Azteca VIII, S. de.
     R.L. de C.V.
El Paso Corporation...................  FC07-5-000
    El Paso Amazonas Energia, Ltda.
    El Paso Rio Negro Energia Ltda.
    Termo Norte Energia Ltda.
    The Nejapa Power Company, Ltd.
    Tipitapa Power Company, Ltd.
    Khulna Power Company, Ltd.
    Saba Power Company (Private) Ltd.
    Hablbullah Costal Power (Private)
     Co.
------------------------------------------------------------------------

    Take notice that during the month of January 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).

Magalie R. Salas,
Secretary.
[FR Doc. E7-2383 Filed 2-12-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Proposed Rules]
[Pages 21336-21339]
[FR Doc No: 2020-08118]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0222; Project Identifier AD-2019-00116-E]
RIN 2120-AA64

Airworthiness Directives; Continental Aerospace Technologies,
Inc. (Type Certificate Previously Held by Continental Motors, Inc.)
Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Continental Aerospace Technologies, Inc. model GTSIO-520-C,
GTSIO-520-D, GTSIO-520-H, GTSIO-520-K, GTSIO-520-L, GTSIO-520-M, GTSIO-
520-N, IO-550-G, IO-550-N, IO-550-P, IO-550-R, IOF-550-N, IOF-550-P,
IOF-550-R, TSIO-520-BE, TSIO-550-A, TSIO-550-B, TSIO-550-C, TSIO-550-E,
TSIO-550-G, TSIO-550-K, TSIO-550-N, TSIOF-550-D, TSIOF-550-J, TSIOF-
550-K, and TSIOF-550-P reciprocating aviation gasoline (AvGas) engines
with a certain cross-flow cylinder assembly installed. This proposed AD
was prompted by reports of in-flight engine failures due to fractured
cross-flow cylinder assemblies. This proposed AD would require visual
inspection and, depending on the results of the inspection,
modification or replacement of the cross-flow cylinder assembly. The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by June 1,
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Continental Aerospace Technologies, Inc., 2039

South Broad Street, Mobile, Alabama 36615, United States; phone: 251-
436-8299; website: http://www.continentalmotors.aero. You may view this
service information at the FAA, Engine and Propeller Standards Branch,
1200 District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0222; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Boyce Jones, Aerospace Engineer,
Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park, Georgia
30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0222;
Project Identifier AD-2019-00116-E'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    Except for Confidential Business Information as described in the
following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact received about this NPRM.

Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this NPRM. Submissions containing
CBI should be sent to Boyce Jones, Aerospace Engineer, Atlanta ACO
Branch, FAA, 1701 Columbia Avenue, College Park, Georgia 30337. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Discussion

    The FAA received reports of six in-flight engine failures due to
fractured cross-flow cylinder assemblies, all of which resulted in the
loss of oil pressure, loss of engine power, and forced landings.
Analysis by the manufacturer identified that the casting vendor
incorporated a new production tooling that created casting material
build-up on the radius edge of the cross-flow cylinder assemblies.
Fracture initiation began at the radius edge of cross-flow cylinder
assembly. This condition, if not addressed, could result in failure of
the engine, in-flight shutdown, and forced landing.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Continental Aerospace Technologies, Inc. Mandatory
Service Bulletin (MSB) 18-08, Revision B, dated January 13, 2020. The
MSB describes procedures for inspection, modification, or replacement
of the cross-flow cylinder assembly. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

FAA's Determination

    The FAA is proposing this AD because it evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require visual inspection of the cross-flow
cylinder assembly and, depending on the results of the visual
inspection, modification or replacement of the cross-flow cylinder
assembly.

Costs of Compliance

    The FAA estimates that this proposed AD affects 4,000 engines
installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Visual inspection of the cross-flow     2 work-hours x $85 per                $0            $170        $680,000
 cylinder assembly.                      hour = $170.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
modification or replacement of the cross-flow cylinder assembly that
would be required based on the results of the proposed visual
inspection. The FAA has no way of determining the number of cross-flow
cylinder assemblies that might need this modification or replacement.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Modify the cross-flow cylinder assembly.......  1 work-hour x $85 per hour = $85              $0             $85
Replace the cross-flow cylinder assembly......  11.5 work-hours x $85 per hour =        1,933.28        2,910.78
                                                 $977.50.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all costs in
our cost estimate.

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.
    The FAA is 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

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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):

Continental Aerospace Technologies, Inc. (Type Certificate
previously held by Continental Motors, Inc.): Docket No. FAA-2020-
0222; Project Identifier AD-2019-00116-E.

(a) Comments Due Date

    The FAA must receive comments by June 1, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Continental Aerospace Technologies, Inc.
(Type Certificate previously held by Continental Motors, Inc.) model
GTSIO-520-C, GTSIO-520-D, GTSIO-520-H, GTSIO-520-K, GTSIO-520-L,
GTSIO-520-M, GTSIO-520-N, IO-550-G, IO-550-N, IO-550-P, IO-550-R,
IOF-550-N, IOF-550-P, IOF-550-R, TSIO-520-BE, TSIO-550-A, TSIO-550-
B, TSIO-550-C, TSIO-550-E, TSIO-550-G, TSIO-550-K, TSIO-550-N,
TSIOF-550-D, TSIOF-550-J, TSIOF-550-K, and TSIOF-550-P reciprocating
aviation gasoline (AvGas) engines, originally manufactured, rebuilt,
or modified with a cross-flow cylinder assembly replacement, on or
after November 1, 2014, and with a cross-flow cylinder assembly,
part number (P/N) 658538, 658540, 658542, 658591, 658595, 658613,
658624, 658539, 658541, 658590, 658594, 658603, 658623, or 658630,
installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 8530, Reciprocating
Cylinder Section.

(e) Unsafe Condition

    This AD was prompted by reports of in-flight engine failures due
to fractured cross-flow cylinder assemblies. The FAA is issuing this
AD to prevent failure of the engine. The unsafe condition, if not
addressed, could result in failure of the engine, in-flight
shutdown, and forced landing.

(f) Compliance

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

(g) Required Actions

    (1) If the engine has fewer than 500 engine operating hours on
the effective date of this AD, no later than the next scheduled 100-
hour/annual inspection after the effective date of this AD, perform
a visual inspection of the cross-flow cylinder assembly in
accordance with paragraphs III.1 through III.3, Action Required, of
Continental Aerospace Technologies, Inc. Mandatory Service Bulletin
(MSB) 18-08, Revision B, dated January 13, 2020 (``Continental
Aerospace Technologies MSB18-08B'').
    (i) If the radius corner angle of the cross-flow cylinder
assembly shows casting flash build-up or a sharp radius edge, modify
the cross-flow cylinder assembly in accordance with paragraphs III.4
through III.8, Action Required, of Continental Aerospace
Technologies MSB 18-08B; or
    (ii) If a fissure, crack or physical damage is identified,
remove the cross-flow cylinder assembly and replace with a part
eligible for installation.
    (2) If the engine has 500 engine operating hours or greater on
the effective date of this AD, at the next maintenance event after
the effective date of this AD, not to exceed 50 engine operating
hours after the effective date of this AD, perform a visual
inspection of the cross-flow cylinder assembly in accordance with
paragraphs III.1 through III.3, Action Required, of Continental
Aerospace Technologies MSB18-08B.
    (i) If the radius corner angle of the cross-flow cylinder
assembly shows casting flash build-up or a sharp radius edge, modify
the cross-flow cylinder assembly in accordance with paragraphs III.4
through III.8, Action Required, of Continental Aerospace
Technologies MSB 18-08B; or
    (ii) If a fissure, crack or physical damage is identified,
remove the cross-flow cylinder assembly and replace with a part
eligible for installation.

(h) Installation Prohibition

    After the effective date of this AD, do not install any cross-
flow cylinder assembly having a P/N identified in paragraph (c) of
this AD on any affected engine unless the cross-flow cylinder
assembly has been visually inspected and modified in accordance with
paragraph III, Action Required, of Continental Aerospace
Technologies MSB18-08B.

(i) No Reporting Requirement

    The reporting requirement in paragraph III, Action Required, of
Continental Aerospace Technologies MSB18-08B is not required by this
AD.

(j) Definition

    (1) For the purpose of this AD, ``the next maintenance event''
is the next scheduled 100-hour/annual inspection, overhaul, or the
next time the airplane enters maintenance for a non-engine issue,
whichever occurs first.
    (2) For the purpose of this AD, ``modify the cross-flow cylinder
assembly'' is the removal of the casting material build-up by
blending the cross-flow cylinder assembly radius corner.

(k) Credit for Previous Actions

    You may take credit for the visual inspection and modification
that is required by paragraph (g) of this AD, if the inspection or
modification was performed before the effective date of this AD
using Continental Motors Aircraft Engine Service Bulletin 18-08,
Revision A, dated January 11, 2019.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO Branch, 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
manager of the certification office, send it to the attention of the
person identified in paragraph (m)(1) of this AD.
    (2) 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.

(m) Related Information

    (1) For more information about this AD, contact Boyce Jones,
Aerospace Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue,
College Park, Georgia 30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Continental Aerospace Technologies, Inc., 2039 South Broad Street,
Mobile, Alabama, 36615, United States; phone:<PHONE_NUMBER>; website:
http://www.continentalmotors.aero. You may view this referenced
service information at the FAA, Engine and Propeller Standards
Branch, 1200 District Avenue, Burlington, MA, 01803. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on April 14, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-08118 Filed 4-16-20; 8:45 am]
BILLING CODE 4910-13-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

		  WASHINGTON, D.C. 20460

OFFICE OF CHEMICAL SAFETY

AND POLLUTION PREVENTION

CERTIFIED MAIL

Return Receipt Requested

Mr. Bart Baker, Vice President

CTX Cenol Corporation

P.O. Box 472

Twinsburg, OH 44078

Subject:	Suspension of Registration of Pesticide Product Containing
MGK-264 (EPA Reg. Number:  45385-93) for Failure to Comply with the
MGK-264 Reregistration Eligibility Decision Data Call-In Notice Dated
March 16, 2010.

Dear Mr. Baker:

This letter gives you notice that the pesticide product registration
listed in Attachment I will be suspended 30 days from your receipt of
this letter unless you take steps within that time to prevent this
Notice from automatically becoming a final and effective order of
suspension.  The Agency's authority for suspending the registrations of
your products is section 3(c)(2)(B) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA).  Upon becoming a final and
effective order of suspension, any violation of the order will be an
unlawful act under section 12(a)(2)(J) of FIFRA.

You are receiving this Notice of Intent to Suspend because you have
failed to comply with the terms of the Phase 5 Reregistration
Eligibility Decision Data Call-In Notice imposed pursuant to section
4(g)(2)(B) and section 3(c)(2)(B) of FIFRA.  The specific basis for
issuance of this Notice is stated in the Explanatory Appendix
(Attachment III) to this Notice.  The affected product and the
requirement which you failed to satisfy are listed and described in the
following three attachments:

Attachment I	Suspension Report - Product List

Attachment II	Suspension Report - Requirement List

Attachment III	Suspension Report - Explanatory Appendix

The suspension of the registration of each product listed in Attachment
I will become final unless at least one of the following actions is
completed.

1. 	You may avoid suspension under this Notice if you or another person
adversely affected 	by this Notice properly request a hearing within 30
days of your receipt of this Notice.  If 	you request a hearing, it will
be conducted in accordance with the requirements of section 	6(d) of
FIFRA and the Agency's Procedural Regulations in 40 CFR Part 164.

	Section 3(c)(2)(B), however, provides that the only allowable issues
which may be 	addressed at the hearing are whether you have failed to
take the actions which are the 	bases of this Notice and whether the
Agency's decision regarding the disposition of 	existing stocks is
consistent with FIFRA.  Therefore, no substantive allegation or legal

	argument concerning other issues, including but not limited to the
Agency's original 	decision to require the submission of data or other
information, the need for or utility of 	any of the required data or
other information or deadlines imposed, any allegations of 	errors or
unfairness in any proceedings before an arbitrator, and the risks and
benefits 	associated with continued registration of the affected
product, may be considered in the

	proceeding.  The Administrative Law Judge shall by order dismiss any
objections which 	have no bearing on the allowable issues which may be
considered in the proceeding.

Section 3(c)(2)(B)(iv) of FIFRA provides that any hearing must be held
and a determination issued within 75 days after receipt of a hearing
request.  This 75-day period 	may not be extended unless all parties in
the proceeding stipulate to such an extension.  If a hearing is properly
requested, the Agency will issue a final order at the conclusion of the
hearing governing the suspension of your product.

	A request for a hearing pursuant to this Notice must 1) include
specific objections which 	pertain to the allowable issues which may be
heard at the hearing, 2) identify the 	registrations for which a hearing
is requested, and 3) set forth all necessary supporting 	facts
pertaining to any of the objections which you have identified in your
request for a 	hearing.  If a hearing is requested by any person other
than the registrant, that person

	must also state specifically why he asserts that he would be adversely
affected by the 	suspension action described in this Notice.  Three
copies of the request must be submitted 	to:

	Hearing Clerk, 1900

	U.S. Environmental Protection Agency

	1200 Pennsylvania Avenue, NW

	Washington, DC 20460

	An additional copy should be sent to the signatory listed below.  The
request must be

	received by the Hearing Clerk by the 30th day from your receipt of this
Notice in

	order to be legally effective.  The 30-day time limit is established by
FIFRA and cannot

	be extended for any reason.  Failure to meet the 30-day time limit will
result in automatic 	suspension of your registration by operation of law
and, under such circumstances, the 	suspension of the registration for
your affected product will be final and effective at 	the close of
business 30 days after your receipt of this Notice and will not be
subject to 	further administrative review.

	The Agency's Rules of Practice at 40 CFR 164.7 forbid anyone who may
take part in 	deciding this case, at any stage of the proceeding, from
discussing the merits of the 	proceeding ex parte with any party or with
any person who has been connected with the 	preparation or presentation
of the proceeding as an advocate or in any investigative or 	expert
capacity, or with any of their representatives.  Accordingly, the
following EPA 	offices, and the staffs thereof, are designated as
judicial staff to perform the judicial 	function of EPA in any
administrative hearings on this Notice of Intent to Suspend: the 	Office
of the Administrative Law Judges, the Office of the Environmental
Appeals 	Board, the Administrator, the Deputy Administrator, and the
members of the staff in the 	immediate offices of the Administrator and
Deputy Administrator.  None of the persons 	designated as the judicial
staff shall have any ex parte communication with trial staff or 	any
other interested person not employed by EPA on the merits of any of the
issues 	involved in this proceeding, without fully complying with the
applicable regulations.

2. 	You may also avoid suspension if, within 30 days of your receipt of
this Notice, the 	Agency determines that you have taken appropriate
steps to comply with the section 	3(c)(2)(B) Data Call-In Notice.  In
order to avoid suspension under this option, you must 	satisfactorily
comply with Attachment II, Requirement List, for each product by
submitting all required supporting data/information described in
Attachment II and in the

 	Explanatory Appendix (Attachment III) to the following address
(preferably by certified

	mail):

      	Office of Pesticide Programs

Pesticide Re-evaluation Division (PRD) (7508P)

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW

Washington, DC 20460

	For you to avoid automatic suspension under this Notice, the Agency
must also

	determine within the applicable 30-day period that you have satisfied
the requirements 	that are the bases of this Notice and so notify you in
writing.  You should submit the 	necessary data/information as quickly
as possible for there to be any chance the 	Agency will be able to make
the necessary determination in time to avoid suspension of 	your
product.

	The suspension of the registration of your company's product pursuant
to this Notice 	will be rescinded when the Agency determines you have
complied fully with the 	requirements which were the bases of this
Notice.  Such compliance may only be 	achieved by submission of the
data/information described in the attachments to the 	signatory below.

	Your product will remain suspended, however, until the Agency
determines you are in 	compliance with the requirements which are the
bases of this Notice and so informs you 	in writing.

After the suspension becomes final and effective, the registrant subject
to this Notice, including all supplemental registrants of products
listed in Attachment I, may not legally distribute, sell, use, offer for
sale, hold for sale, ship, deliver for shipment, or receive and (having
so received) deliver or offer to deliver, to any person, the product
listed in Attachment I.

	Persons other than the registrant subject to this Notice, as defined in
the preceding 	sentence, may continue to distribute, sell, use, offer
for sale, hold for sale, ship, deliver 	for shipment, or receive and
(having so received) deliver or offer to deliver, to any 	person, the
product listed in Attachment I.

	Nothing in this Notice authorizes any person to distribute, sell, use,
offer for sale, hold 	for sale, ship, deliver for shipment, or receive
and (having so received) deliver or offer to 	deliver, to any person,
the product listed in Attachment I in any manner which would 	have been
unlawful prior to the suspension.

	If the registration for your product listed in Attachment I is
currently suspended as 	a result of failure to comply with another
section 3(c)(2)(B) Data Call-In Notice or 	Section 4 Data Requirements
Notice, this Notice, when it becomes a final and effective 	order of
suspension, will be in addition to any existing suspension, i.e., all
requirements 	which are the bases of the suspension must be satisfied
before the registration will be 	reinstated.

You are reminded that it is your responsibility as the basic registrant
to notify all supplementary registered distributors of your basic
registered product that this suspension action also applies to their
supplementary registered products and that you may be held liable for
violations committed by your distributors.

If you have any questions about the requirements and procedures set
forth in this suspension

Notice or in the subject section 3(c)(2)(B) Data Call-In Notice, please
contact Michael Goodis at

(703) 308-8005.

		Sincerely yours,

		Richard P. Keigwin, Jr., Director

					   		Pesticide Re-evaluation Division

Attachments:

Attachment I   - Product List

Attachment II  - Requirement List

Attachment III - Explanatory Appendix

 PAGE

 PAGE

 PAGE   1


[Federal Register Volume 88, Number 16 (Wednesday, January 25, 2023)]
[Notices]
[Pages 4862-4865]
[FR Doc No: 2023-01401]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96716; File No. SR-NYSEARCA-2023-07]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.31-
E(i)(2)

January 19, 2023.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on January 12, 2023, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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 amend Rule 7.31-E(i)(2) to enhance the
Exchange's existing Self Trade Prevention (``STP'') modifiers. The
proposed rule 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 Rule 7.31-E(i)(2) to enhance the
Exchange's existing Self Trade

Prevention (``STP'') modifiers. Specifically, the Exchange proposes to
allow ETP Holders the option to apply STP modifiers to orders submitted
not only from the same MPID, as the current rule provides, but also to
orders submitted from (i) the same subidentifier of a particular MPID;
(ii) other MPIDs associated with the same Client ID (as designated by
the ETP Holder); and (iii) Affiliates of the ETP Holder.
Background
    Currently, Rule 7.31-E(i)(2) offers optional anti-internalization
functionality to ETP Holders in the form of STP modifiers that enable
an ETP Holder to prevent two of its orders from executing against each
other. Currently, ETP Holders can set the STP modifier to apply at the
market participant identifier (``MPID'') level. The STP modifier on the
order with the most recent time stamp controls the interaction between
two orders marked with STP modifiers. STP functionality assists market
participants by allowing firms to better prevent unintended executions
with themselves and to reduce the potential for ``wash sales'' that may
occur as a result of the velocity of trading in a high-speed
marketplace. STP functionality also assists market participants in
reducing trading costs from unwanted executions potentially resulting
from the interaction of executable buy and sell trading interest from
the same firm.
    The Exchange notes that several equities exchanges--including IEX,
Nasdaq, Nasdaq BX, Nasdaq Phlx, and MIAX Pearl Equities--have all
recently amended their rules to provide additional levels at which
orders may be grouped for the purposes of applying their anti-
internalization rules. As such, the proposed changes herein are not
novel and are familiar to market participants.\4\
---------------------------------------------------------------------------

    \4\ Several other equity exchanges recently amended their rules
to allow affiliate grouping for their own anti-internalization
functionality. See, e.g., Securities Exchange Act Release Nos. 96187
(October 31, 2022), 87 FR 66764 (November 4, 2022) (SR-IEX-2022-08);
96156 (October 25, 2022), 87 FR 65633 (October 31, 2022) (SR-BX-
2022-020); 96154 (October 25, 2022), 87 FR 65631 (October 31, 2022)
(SR-Phlx-2022-43); 96069 (October 13, 2022), 87 FR 63558 (October
19, 2022) (SR-NASDAQ-2022-56, implemented by SR-NASSDAQ-2022-60);
and 96334 (November 16, 2022), 87 FR 71368 (November 22, 2022) (SR-
PEARL-2022-48).
---------------------------------------------------------------------------

Proposed Amendment
    The Exchange proposes to amend the Rule 7.31-E(i)(2) in three ways,
each of which would enhance ETP Holders' flexibility over the levels at
which orders may be grouped for the purposes of applying the Exchange's
existing STP modifiers.
    First, the Exchange proposes to amend the rule to permit an ETP
Holder to set the STP modifiers to apply at the level of a
subidentifier of an MPID. This change would allow ETP Holders to
prevent orders sent from the same subidentifier of a particular MPID
from executing against each other, but permit orders sent from
different subidentifiers of the same MPID to interact.\5\
---------------------------------------------------------------------------

    \5\ This functionality exists on the Exchange's affiliate
exchange Arca Options, and as such is not novel and is familiar to
market participants. See Arca Options Rule 6.62P-O(i)(2) (``An
Aggressing Order or Aggressing Quote to buy (sell) designated with
one of the STP modifiers in this paragraph will be prevented from
trading with a resting order or quote to sell (buy) also designated
with an STP modifier from the same MPID, and, if specified, any
subidentifier of that MPID.'').
---------------------------------------------------------------------------

    Second, the Exchange proposes to amend Rule 7.31-E(i)(2) to permit
an ETP Holder to set the STP modifiers to prevent orders from different
MPIDs from executing against each other. The proposed amendment would
address this by allowing ETP Holders to apply STP modifiers at the
level of ``Client ID,'' which would be an identifier designated by the
ETP Holder. As proposed, a Client ID would function similarly to an
MPID in that it would be a unique identifier assigned to an ETP Holder.
The Exchange believes that this proposed enhancement would provide ETP
Holders with greater flexibility in how they instruct the Exchange to
apply STP modifiers to their orders. The Exchange notes that it is not
novel for an exchange to provide its members with multiple methods by
which to designate anti-internalization instructions.\6\
---------------------------------------------------------------------------

    \6\ See, e.g., MIAX Pearl, LLC (``MIAX Pearl Equities'') Rule
2614(f) (specifying that Self-Trade Prevention Modifiers will be
applicable to orders ``from the same MPID, Exchange member
identifier, trading group identifier, or Equity Member Affiliate
(any such identifier, a `Unique Identifier')'').
---------------------------------------------------------------------------

    Third, the Exchange proposes to amend Rule 7.31-E(i)(2) to permit
ETP Holders to direct orders not to execute against orders entered
across MPIDs associated with Affiliates of the ETP Holder that are also
ETP Holders.\7\ This change would expand the availability of the STP
functionality to ETP Holders that have divided their business
activities between separate corporate entities without disadvantaging
them when compared to ETP Holders that operate their business
activities within a single corporate entity.
---------------------------------------------------------------------------

    \7\ The proposed definition of ``Affiliate'' is identical to the
one currently provided in the Exchange's Fee Schedule. See NYSE Arca
Equities Fees and Charges, ``General'' section II(c) (``For purposes
of this Fee Schedule, the term ``affiliate'' shall mean any ETP
Holder under 75% common ownership or control of that ETP Holder.'').
This 75% threshold is not novel. See, e.g., Nasdaq PHLX LLC
(``Nasdaq PHLX'') Equity 4, Rule 3307(c).
---------------------------------------------------------------------------

    The Exchange believes that these enhancements will all provide
helpful flexibility for ETP Holders by expanding their ability to apply
STP modifiers at multiple levels, including within a subidentifier of a
single MPID, across multiple MPIDs of the same Client ID, and across
multiple MPIDs of the ETP Holder and its Affiliates, in addition to at
the MPID level as the current rule provides. These proposed changes
would help ETP Holders better manage their order flow and prevent
undesirable executions or the potential for ``wash sales'' that might
otherwise occur.
    To effect these changes, the Exchange proposes to amend the first
sentence of Rule 7.31-E(i)(2) and add a new sentence as follows
(proposed text italicized, deletions in brackets): ``Any incoming order
to buy (sell) designated with an STP modifier will be prevented from
trading with a resting order to sell (buy) also designated with an STP
modifier and from the same Client ID; the same MPID and, if specified,
any subidentifier; or an Affiliate identifier (any such identifier, a
``Unique Identifier''). For purposes of this rule, the term
``Affiliate'' means any ETP Holder under 75% common ownership or
control of that ETP Holder.'' The Exchange further proposes to replace
references to ``MPID'' in Rules 7.31-E(i)(2)(A)-(D) with the term
``Unique Identifier.''
    While this proposal would expand how an ETP Holder can designate
orders with an STP modifier, nothing in this proposal would make
substantive changes to the STP modifiers themselves or how they would
function with respect to two orders interacting within a relevant
level.
    The Exchange notes that, as with its current anti-internalization
functionality, use of the proposed revised Rule 7.31-E(i)(2) will not
alleviate or otherwise exempt ETP Holders from their best execution
obligations. As such, ETP Holders using the proposed enhanced STP
functionality will continue to be obligated to take appropriate steps
to ensure that customer orders that do not execute because they were
subject to anti-internalization ultimately receive the same price, or a
better price, than they would have received had execution of the orders
not been inhibited by anti-internalization.
Timing and Implementation
    The Exchange anticipates that the technology changes required to
implement this proposed rule change will become available on a rolling
basis,

beginning less than 30 days from the date of filing, to be completed by
the end of the first quarter of 2023.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\9\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest,
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that the proposed rule change
will remove impediments to and perfect the mechanism of a free and open
market and a national market system and is consistent with the
protection of investors and the public interest because enhancing how
ETP Holders may apply STP modifiers will provide ETP Holders with
additional flexibility with respect to how they implement self-trade
protections provided by the Exchange that may better support their
trading strategies.
    The Exchange believes that the proposed rule change does not
unfairly discriminate among ETP Holders because the proposed STP
protections will be available to all ETP Holders, and ETP Holders that
prefer setting STP modifiers at the MPID level will still be able to do
so. In addition, allowing ETP Holders to apply STP modifiers to trades
submitted by their Affiliates that are also ETP Holders is intended to
avoid disparate treatment of firms that have divided their various
business activities between separate corporate entities as compared to
firms that operate those business activities within a single corporate
entity.
    Finally, the Exchange notes that other equity exchanges recently
amended their rules to allow affiliate grouping for their own anti-
internalization functionality and similarly use a 75% threshold of
common ownership for assessing whether such orders would be eligible
for this enhancement.\10\ Consequently, the Exchange does not believe
that this change raises new or novel issues not already considered by
the Commission.
---------------------------------------------------------------------------

    \10\ See supra notes 4 and 7.
---------------------------------------------------------------------------

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. To the contrary, the
proposal is designed to enhance the Exchange's competitiveness by
providing additional flexibility over the levels at which orders may be
grouped for STP purposes, thereby incentivizing ETP Holders to send
orders to the Exchange and increase the liquidity available on the
Exchange. The Exchange also notes that the proposed new STP grouping
options, like the Exchange's current anti-internalization
functionality, are completely optional and ETP Holders can determine
whether to apply anti-internalization protections to orders submitted
to the Exchange, and if so, at what level to apply those protections
(e.g., MPID, subidentifier, Client ID, or Affiliate level). The
proposed rule change would also improve the Exchange's ability to
compete with other exchanges that recently amended their rules to
expand the groupings for their own anti-internalization functionality.
There is no barrier to other national securities exchanges adopting
similar anti-internalization groupings as those proposed herein.

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

    Because the foregoing proposed rule change 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 the filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6) \12\ thereunder.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a 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 Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative upon filing. The Exchange requested
the waiver because it would enable the Exchange to compete with other
exchanges that have recently amended their rules to expand the levels
at which orders may be grouped for STP purposes. The Exchange states
that at least one such competitor exchange plans to introduce similar
capabilities to market participants as early as January 9, 2023. The
Exchange also states that it is currently working on technological
solutions to meet this competition and to make similar offerings
available to market participants as soon as possible. The Exchange
expects to begin rolling out this functionality in less than 30 days
from the date of filing, and thus requests waiver of the operative
delay in order to promptly meet market competition. For these reasons,
and because the proposed rule change does not raise any novel
regulatory issues, the Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest. Therefore, the Commission hereby waives the operative
delay and designates the proposal operative upon filing.\15\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For 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 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.

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-NYSEARCA-2023-07 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-NYSEARCA-2023-07. 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-NYSEARCA-2023-07 and should be submitted
on or before February 15, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-01401 Filed 1-24-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 24, 2008 (Volume 73, Number 57)]
[Proposed Rules]
[Page 15471-15472]
[DOCID:fr24mr08-19]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 380, 383, and 384

[Docket No. FMCSA-2007-27748]
RIN 2126-AB06

Minimum Training Requirements for Entry-Level Commercial Motor
Vehicle Operators: Updated Information and Extension of Comment Period

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

ACTION: Proposed rule; Updated information and extension of comment
period.

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SUMMARY: In response to a request, the Federal Motor Carrier Safety
Administration (FMCSA) extends until May 23, 2008, the comment period
for its notice of proposed rulemaking (NPRM) published on December 26,
2007. FMCSA also updates information in the Paperwork Reduction Act
section in the preamble to the NPRM.

DATES: Please submit comments regarding the NPRM to the docket by May
23, 2008. Please submit comments regarding updated information under
the Paperwork Reduction Act by May 23, 2008.

ADDRESSES: You must submit comments, identified by Docket ID Number
FMCSA-2007-27748, by one of the following methods:
     Electronically: Through the Federal Docket Management
System (FDMS) at http://www.regulations.gov. Follow the instructions
for submitting comments.
     Mail/Courier: U.S. Department of Transportation, Docket
Management Facility, West Building Ground Floor, Room W12-140, 1200 New
Jersey Ave, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
     Docket: For access to the docket to read comments received
and background material, go to the Federal Docket Management System
(FDMS) at: http://www.regulations.gov, and search for docket ID Number
FMCSA-2007-27748. Comments may also be inspected at the U.S. Department
of Transportation, Docket Management Facility, West Building Ground
Floor, Room W12-140, 1200 New Jersey Ave, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal
holidays.
     Privacy Act: Regardless of the method used for submitting
comments, all comments or material will be posted without change to the
FDMS, including personal information. Anyone can search the electronic
form of all of our dockets in FDMS by the name of the individual
submitting the document (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement published in the Federal Register on
April 11, 2000 (65 FR 19476) or you may visit http://
DocketsInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division (MC-PSD), telephone<PHONE_NUMBER> or e-
mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On December 26, 2007 (72 FR 73226), FMCSA
published for public comment a notice of proposed rulemaking (NPRM)
concerning minimum training requirements for entry-level commercial
motor vehicle operators. The original comment period for the NPRM
expires on March 25, 2008. In response to a letter dated February 26,
2008 from the American Trucking Associations, FMCSA has extended the
comment period, which now expires on May 23, 2008.
    The FMCSA has updated the NPRM, on page 73241, second column, under
the headings Respondents, Frequency, and Annual Burden Estimate, so
that it reads as follows:

    Respondents: The annual number of drivers providing training
certificates under the current rule, which would remain in effect
during the 3-year implementation period, is 32,426. The number of
training institutions (public and private) that would provide
training under the terms of this proposed rule is uncertain, but
FMCSA estimates it to be between 200 and 500. The number of State
licensing agencies is 51. The total of these three groups of
potential respondents will range between 32,677 and 32,977 during
the initial 3-year implementation period.
    Frequency: Information would not be collected with any specific
frequency during the 3-year life of the information collection. The
initial burdens on training institutions and SDLAs will be limited
to startup activities.
    ``Annual Burden Estimate: This proposal would result in an
annual recordkeeping and reporting burden estimated to be 134,990
hours, calculated as follows:
    Entry-level CDL drivers after the first year under the currently
approved information collection incur a burden of 5,400 hours, and
this burden would remain in effect until OMB approval of a pending
revision of the information collection. In addition, during the 3-
year phase-in period the CDL-training institutions would incur an
estimated burden of 125,000 hours to revise their processes to
conform to the requirements of this rule. During the same period,
State driver-

licensing agencies would incur a burden of 4,590 hours to modify
their systems. The total proposed annual burden is 134,990 hours
(5,400 + 125,000 + 4,590).
    Following the 3-year implementation period, calculation of the
PRA burden would be revised by FMCSA because the rule would be fully
operational.
    ``FMCSA has submitted this NPRM and a supporting statement to
OMB, estimating the paperwork burdens of this proposal. The Agency
is soliciting comments to--
    (1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility,
    (2) Evaluate the accuracy of the Agency's estimate of the
burden,
    (3) Enhance the quality, utility, and clarity of the information
to be collected, and
    (4) Minimize the burden of the collection of information on
those who are to respond, including the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology. You may submit
comments on the PRA aspects of this proposed rule directly to OMB.
The deadline for such submissions is May 23, 2008. You must mail or
hand-deliver your comments to:
    Attention: Desk Officer for the Department of Transportation,
Docket Library, Office of Information and Regulatory Affairs, Office
of Management and Budget, Room 10102, 725 17th Street, NW.,
Washington, DC 20503.''

    Issued on: March 19, 2008.
David H. Hugel,
Deputy Administrator.
[FR Doc. E8-5905 Filed 3-21-08; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Notices]
[Page 32491]
[DOCID:fr08jn10-123]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1917-DR; Docket ID FEMA-2010-0002]

Oklahoma; 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 Oklahoma (FEMA-1917-DR), dated May 24, 2010,
and related determinations.

DATES: Effective Date: May 24, 2010.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated May 24, 2010, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Oklahoma resulting from severe storms, tornadoes, and straight-
line winds during the period of May 10-13, 2010, is of sufficient
severity and magnitude to warrant a major disaster declaration under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the State of Oklahoma.
    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 in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
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
for the approved assistance to the extent allowable under the
Stafford Act.

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

    Carter, Cleveland, McIntosh, Okfuskee, Oklahoma, Pottawatomie,
and Seminole Counties for Individual Assistance.
    All counties within the State of Oklahoma are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-13720 Filed 6-7-10; 8:45 am]
BILLING CODE 9111-23-P