[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Page 77829]
[FR Doc No: 2022-27626]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-590-000]

Chaves County Solar II, 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 of
Chaves County Solar II, 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 January 3, 2023.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: December 14, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-27626 Filed 12-19-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 11, 2010 (Volume 75, Number 90)]
[Notices]
[Page 26220-26222]
[DOCID:fr11my10-70]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Leader One Energy, LLC]

Notice of Intent to Prepare an Environmental Assessment for the
Planned Leader One Gas Storage Project, Request for Comments on
Environmental Issues, and Notice of a Site Visit

April 30, 2010.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Leader One Gas Storage Project
involving construction and operation of facilities by Leader One
Energy, LLC (Leader One) in Adams County, Colorado. This EA will be
used by the Commission in its decision-making process to determine
whether the project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues need to be evaluated in the EA. Please note that
the scoping period will close on June 2, 2010.
    On May 18, 2010, the Office of Energy Projects staff will be in
Adams County, Colorado, to gather data related to the environmental
analysis of the planned project. Staff will examine the areas where the
planned project facilities would be constructed and operated including
the storage field and pipeline route filed by Leader One on April 30,
2010. This will assist staff in completing its comparative evaluation
of environmental impacts of the proposed project. Viewing of this area
is anticipated to be from public access points.
    All interested parties planning to attend must provide their own
transportation. Those attending should meet at the following date,
time, and location:
     May 18, 2010 at 10 a.m. at Byers General Store (Parking
Lot), 568 U.S. 36, Byers, CO 80103.
    Staff will also be attending Leader One's open house meeting at the
following date, time, and location:
     Tuesday, May 18, 2010--6 to 8 p.m., May Farms, 64001 US
36, Byers, CO 80103.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and

local government representatives are asked to notify their constituents
of this planned project and encourage them to comment on their areas of
concern.
    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the planned facilities.
The company would seek to negotiate a mutually acceptable agreement.
However, if the project is approved by the Commission, that approval
conveys with it the right of eminent domain. Therefore, if easement
negotiations fail to produce an agreement, the pipeline company could
initiate condemnation proceedings in accordance with state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (http://www.ferc.gov). This fact sheet
addresses a number of typically-asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.

Summary of the Planned Project

    Leader One plans to convert a depleted natural gas reservoir to a
new natural gas storage facility and, also, to construct and operate
about 18 miles of 18-inch-diameter pipeline to connect the storage
field to interstate pipelines. The storage facility would have a 10
billion cubic foot (Bcf) storage capacity of which about 7.5 Bcf would
be working gas and 2.5 Bcf would be base gas. Leader One estimates that
the maximum withdrawal rate would be up to 200,000 million cubic feet
per day. According to Leader One, its project would provide natural gas
storage services to meet baseload, seasonal and daily fluctuations in
gas demand, including existing peak day demand, and anticipated load
growth demand for local gas distribution and power generation in the
Front Range of Colorado market area.
    The Leader One Gas Storage Project would consist of the following
facilities, all in Adams County, Colorado:
     A new natural gas storage field;
     Up to fourteen gas storage injection/withdrawal wells;
     Up to ten observation wells;
     One water/brine disposal well;
     A compressor station with up to four 4,735-horsepower
electric motor-driven compressors;
     Condensate handling facilities;
     Ancillary facilities including storage gathering lines (of
various diameter and length), a water disposal pipeline; valves,
meters, filtration, safety, cleaning, and inspection equipment; and
     A 24-inch-diameter, 18-mile-long pipeline, the Leader One
Pipeline.
    The general location of the project facilities is shown in appendix
1.\1\
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    \1\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of appendices were sent to
all those receiving this notice in the mail and are available at
http://www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
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Land Requirements for Construction

    Construction of the planned facilities would disturb about 418.5
acres of land for the pipelines and wells. Following construction,
about 218.4 acres would be maintained for permanent operation of the
project's facilities; the remaining acreage would be restored and
allowed to revert to former uses. Additional land would be required for
construction and operation of the aboveground facilities, for access
roads, and additional temporary workspaces.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as scoping. The main goal of the
scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. All comments
received will be considered during the preparation of the EA.
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    \2\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the planned project under these
general headings:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise;
     Endangered and threatened species; and
     Public safety.
    We will also evaluate possible alternatives to the planned project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before an
application is filed with the FERC. As part of our pre-filing review,
we have begun to contact some federal and state agencies to discuss
their involvement in the scoping process and the preparation of the EA.
    Our independent analysis of the issues will be presented in the EA.
The EA will be placed in the public record and, depending on the
comments received during the scoping process, may be published and
distributed to the public. A comment period will be allotted if the EA
is published for review. We will consider all comments on the EA before
we make our recommendations to the Commission. To ensure your comments
are considered, please carefully follow the instructions in the Public
Participation section beginning on page 5.
    With this notice, we are asking agencies with jurisdiction and/or
special expertise with respect to environmental issues to formally
cooperate with us in the preparation of the EA. These agencies may
choose to participate once they have evaluated the proposal relative to
their responsibilities. Agencies that would like to request cooperating
agency status should follow the instructions for filing comments
provided under the Public Participation section of this notice.
Currently, no agencies have expressed their intention to participate as
a cooperating agency in the preparation of the EA to satisfy their NEPA
responsibilities related to this project.

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations, we are using this notice to solicit the views
of the public on the project's potential effects on historic
properties.\3\ We will document our findings on the impacts on cultural
resources and summarize the status of consultations under section

106 of the National Historic Preservation Act in our EA.
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    \3\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Historic
properties are defined in those regulations as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register for Historic
Places.
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Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that they will be received in Washington, DC on or before June 2, 2010.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has expert eFiling staff available to assist you
at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located at http://www.ferc.gov under the link
called ``Documents and Filings''. A Quick Comment is an easy method for
interested persons to submit text-only comments on a project;
    (2) You may file your comments electronically by using the
``eFiling'' feature that is listed under the ``Documents and Filings''
link. eFiling involves preparing your submission in the same manner as
you would if filing on paper, and then saving the file on your
computer's hard drive. You will attach that file to your submission.
New eFiling users must first create an account by clicking on the links
called ``Sign up'' or ``eRegister''. You will be asked to select the
type of filing you are making. A comment on a particular project is
considered a ``Comment on a Filing''; or
    (3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Room 1A, Washington, DC 20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local newspapers. This list also includes all
affected landowners (as defined in the Commission's regulations) who
are potential right-of-way grantors, whose property may be used
temporarily for project purposes, or who own homes within certain
distances of aboveground facilities, and anyone who submits comments on
the project. We will update the environmental mailing list as the
analysis proceeds to ensure that we send the information related to
this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
planned project.
    If the EA is published for distribution, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    Once Leader One files its application with the Commission, you may
want to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are
included in the User's Guide under the ``e-filing'' link on the
Commission's Web site. Please note that the Commission will not accept
requests for intervenor status at this time. You must wait until a
formal application for the project is filed with the Commission.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (http://www.ferc.gov) using the eLibrary link. Click on
the eLibrary link, click on ``General Search'' and enter the docket
number, excluding the last three digits in the Docket Number field
(i.e., PF10-15-000. Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/
EventsList.aspx along with other related information.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-11109 Filed 5-10-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Notices]
[Pages 43269-43272]
[FR Doc No: 2020-15304]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89291; File No. SR-CboeEDGA-2020-019]

Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend the Fee Schedule Applicable to Its Equities Trading Platform To
Introduce a Flat Charge for the Execution of MDOs That Are Entered With
the QDP Instruction

July 10, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 1, 2020, Cboe EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') 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 Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe EDGA Exchange, Inc. (``EDGA'' or the ``Exchange'') is filing
with the Securities and Exchange Commission (the ``Commission'') a
proposed rule change to amend the fee schedule applicable to its
equities trading platform to introduce a flat charge for the execution
of MDOs that are entered with the QDP instruction. The text of the
proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/edga/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    On June 4, 2020, the Commission approved the Exchange's proposed
introduction of a new order instruction, Quote Depletion Protection
(``QDP''), that is available for Midpoint Discretionary Orders
(``MDOs'').\3\ QDP, which was launched by the Exchange on June 10,
2020, is designed to provide enhanced protections to MDOs by tracking
significant executions on the EDGA Book, and facilitating the ability
of Users to avoid potentially unfavorable executions by preventing MDOs
entered with the optional QDP instruction from exercising discretion to
trade at more aggressive prices when QDP has been triggered. The
Exchange now proposes to introduce a flat charge for the execution of
MDOs that are entered with the QDP instruction.
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    \3\ See Securities Exchange Act Release No. 89016 (June 4,
2020), 85 FR 35488 (June 10, 2020) (SR-CboeEDGA-2020-005).
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    EDGA operates pursuant to an inverted pricing model where orders
that add liquidity are generally charged a fee, and orders that remove
liquidity are generally provided a rebate. Unlike MDOs entered on the
Exchange's affiliate, Cboe EDGX, Exchange, Inc. (``EDGX''), MDOs
entered on the Exchange pursuant to EDGA Rule 11.8(e) are allowed to
execute both on entry and also after resting on the EDGA Book. MDOs
that are executed on the Exchange may therefore be subject to a fee,
rebate, or in some instances free executions, depending on whether the
order is executed as the adder or remover of liquidity, and whether or
not the order is executed within its discretionary range. Specifically,
an MDO that adds liquidity is currently charged a fee of $0.00300 per
share for securities priced at or above $1.00.\4\ This fee applies to
MDOs that are executed either within the order's discretionary range or
at its displayed or non-displayed ranked price.\5\ Conversely, for MDOs
that remove liquidity in securities priced at or above $1.00, the
Exchange's pricing depends on whether the order is executed within its
discretionary range or at its displayed or non-displayed ranked price.
Specifically, the Exchange currently provides a rebate of $0.00240 per
share for MDOs that remove liquidity at the order's displayed or non-
displayed ranked price,\6\ but instead offers free executions for MDOs
that remove liquidity within the order's discretionary range, in each
case for securities priced at or above $1.00.\7\ For all MDOs executed
in securities priced below $1.00, the Exchange provides free
executions, regardless of whether the order is executed as the adder or
remover of liquidity, or whether or not

the order is executed within its discretionary range.\8\
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    \4\ See EDGA Fee Schedule, Fee Codes DA and DM.
    \5\ Id.
    \6\ See EDGA Fee Schedule, Fee Code DR.
    \7\ See EDGA Fee Schedule, Fee Code DT.
    \8\ See EDGA Fee Schedule, Fee Codes DA, DM, DR, and DT.
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    The Exchange now proposes to instead introduce a small flat fee for
the execution of an MDO that is entered with a QDP instruction. As
proposed, MDOs entered with a QDP instruction would be subject to a fee
of $0.00040 per share for securities priced at or above $1.00, or 0.30%
of the dollar value of the trade for securities priced below $1.00.\9\
This charge would apply to the execution of MDOs that are entered with
a QDP instruction, regardless of whether a QDP Active Period has been
enabled in the security. MDOs entered without the optional QDP
instruction would continue to be subject to current pricing. The
Exchange's affiliate, Cboe EDGX Exchange, Inc. (``EDGX'') is
simultaneously proposing a similar flat fee pricing model for MDOs
entered with a QDP instruction that are executed on that exchange.\10\
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    \9\ To effect this change, the Exchange would introduce a new
fee code ``DQ'' to its fee schedule that applies to MDOs entered
with a QDP instruction.
    \10\ See SR-CboeEDGX-2020-032 (pending publication).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\11\ in general, and
furthers the objectives of Section 6(b)(4),\12\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its members and other persons using its
facilities. Specifically, the Exchange believes that the proposed rule
change is consistent with the requirements of the Act as it is designed
to compensate the Exchange for the development of new and innovative
market features, i.e., QDP, while continuing to provide a pricing model
that the Exchange believes is competitive with pricing models offered
by other national securities exchanges and off-exchange venues that
offer similar protective features to their customers. The Exchange
operates in a highly-competitive market in which market participants
can readily direct order flow to competing venues if they deem fee
levels at a particular venue to be excessive. The proposed rule change
reflects a competitive pricing structure designed both to compensate
the Exchange for the introduction of innovative features and allow it
to continue to compete aggressively with other market centers.
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    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(4).
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    As discussed, the proposed rule change would introduce pricing that
is specific to MDOs entered with the recently-introduced QDP
instruction. Although such MDOs would be subject to a small flat fee
instead of a fee, rebate, or free execution under the current pricing
model, the Exchange believes that the proposed pricing is reasonable
given the enhanced benefits provided to Users that choose to utilize
the protective features provided by the QDP instruction. QDP, which was
introduced on the Exchange in June, is designed to facilitate the
ability for market participants, including buy-side and other
investors, to avoid potentially unfavorable executions in an MDO's
discretionary range by preventing the exercise of discretion for two
milliseconds following the execution of the EDGA best bid or offer on
the same side of the market as the MDO below one round lot. While
market participants that use this instruction would be subject to a
small flat charge, including when the order adds or removes liquidity,
the Exchange believes that the value of the protection provided by this
feature outweighs the small fee that would be charged by the Exchange.
Further, the proposed pricing may actually be beneficial to market
participants that primarily add liquidity with MDOs as the proposed
flat fee would be lower than the fee charged under the current MDO
pricing model. In this respect, the Exchange notes that although MDOs
entered on the EDGA Book may remove liquidity, both MDOs and the
associated QDP instruction are designed primarily to facilitate
liquidity provision by buy-side and other investors that are seeking
protection from potential adverse selection risks. As a result, the
Exchange believes that the benefits of more attractive pricing for
adding liquidity may outweigh, in many respects, the costs of paying a
fee when removing liquidity.
    The Nasdaq Stock Market LLC (``Nasdaq'') similarly charges special
fees for the use of orders that are designed to offer certain
protections to market participants. Specifically, Nasdaq charges a fee
of $0.0004 per share to members that trade using its Midpoint Extended
Life Order (``M-ELO'') in securities priced at or above $1.\13\ The
Exchange believes that the proposed fees would be competitive with the
fees that Nasdaq charges for M-ELO executions, as well as the fees
charged by other national securities exchanges and off-exchange venues
that provide various protective features.\14\ QDP is offered on a
voluntary basis, and therefore market participants that would prefer to
operate under the current pricing structure can continue to enter MDOs
without the QDP instruction. The Exchange believes, however, that
market participants may find value in the use of the QDP instruction,
and--similar to firms that trade using Nasdaq M-ELO, IEX Discretionary
Peg, or other similar trading mechanisms--would be willing to pay a
small flat fee to benefit from the protections that this instruction is
designed to provide to investors.
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    \13\ See Nasdaq Rules, Equity 7, Pricing Schedule, Section
118(a)(1),(2),(3). Nasdaq does not charge a fee for M-ELO executions
in securities priced below $1. See Nasdaq Rules, Equity 7, Pricing
Schedule, Section 118(b).
    \14\ For example, Investors Exchange LLC (``IEX''), charges a
fee of $0.0009 or $0.0003 per share for adding or removing non-
displayed or displayed liquidity, respectively. See IEX Fee
Schedule, Fee Codes I and L. Although IEX does not have special
pricing for its Discretionary Peg Orders, which are similar in
certain respects to an MDO entered with a QDP instruction, firms
that trade such orders on IEX would be subject to the general
transaction fees described above.
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    The Exchange also believes that the proposed fee change is
equitable and not unfairly discriminatory because it would apply
equally to all MDOs entered with a QDP instruction. As discussed, QDP
is an optional order instruction that a market participant can choose
to include on an MDO entered on the Exchange in order to benefit from
enhanced protections at times when recent executions on the EDGA Book
suggest that the market may be about to move against the resting MDO.
Both the MDO order type and the associated QDP instruction are
available to all Users on an equal and non-discriminatory basis, and
any User that chooses to use the QDP instruction would be subject to
the same fee. As proposed, any MDO entered with a QDP instruction would
be charged a small flat fee, regardless of how the order is ultimately
executed. That is, an MDO entered with a QDP instruction would always
be subject to a small transaction fee, whether or not the order acts as
the adder or remover of liquidity, whether or not the MDO is executed
within its discretionary range or at its displayed or non-displayed
ranked price, and irrespective of whether or not the MDO is executed
during a QDP Active Period where executions within the order's
discretionary range are prevented.
    Although MDOs that include the new QDP instruction would be subject
to a simplified pricing model compared to MDOs that do not include this
instruction, the Exchange does not believe that this is inequitable or
unfairly discriminatory within the meaning of the Act. All similarly

situated market participants would be subject to consistent and non-
discriminatory pricing based on the instructions that they include on
their MDOs, with Users that include the optional QDP instruction paying
a small fee that the Exchange believes is modest in relation to the
value provided by the QDP instruction in avoiding potentially
unfavorable executions. The proposed pricing is designed to be
attractive to Users that enter MDOs with a QDP instruction,
notwithstanding the fact that market participants would be subject to a
fee in all circumstances. Further, the Exchange believes that the
ability to charge a flat fee for the execution of such orders would
appropriately compensate the Exchange for the development of this
feature, while allowing the Exchange to offer pricing that is
competitive with other national securities exchanges and off-exchange
venues that may offer competing features. To the extent that any
particular User believes that the benefits of the QDP instruction are
outweighed by the proposed pricing, such Users would be free to enter
MDOs without the QDP instruction, in which case their orders would be
subject to the same pricing offered today.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Rather, the Exchange
believes that the proposed changes to its fees would promote continued
competition between the Exchange, other national securities exchanges,
and off-exchange venues that must continuously compete to offer both
competitive pricing and services to members and investors. As proposed,
the Exchange would charge a small flat fee for the use of its recently-
introduced QDP instruction. Charging fees for the use of this
instruction would both compensate for the development and introduction
of new and innovative features, and provide continued incentives for
the Exchange to compete on both cost and the quality of its products
and services.
Intramarket Competition
    The Exchange believes the proposed rule change would not impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed fees would
apply to all members equally in that all members would be subject to
the same flat fee for the execution of orders that include a QDP
instruction. The Exchange and other national securities exchanges
(e.g., Nasdaq) offer pricing that is based on the characteristics of
the order that is executed on the Exchange. Although MDOs entered with
the QDP instruction would be subject to the pricing described in this
proposed rule change, the Exchange does not believe that pricing would
impose any significant burden on intramarket competition as this fee
would be applied in the same manner to the execution of any MDO entered
with this instruction. Both MDO and the associated QDP instruction
discussed in this filing are available to all Users on an equal and
non-discriminatory basis. As a result, any User can decide to use (or
not use) the QDP instruction based on the benefits provided by that
instruction in potentially avoiding unfavorable executions, and the
associated charge that the Exchange proposes to introduce for its use.
As discussed, any firm that chooses to use the QDP instruction would be
charged the same flat fee for the execution of orders that are entered
with this instruction.
Intermarket Competition
    The Exchange also believes the proposed fees would not impose any
burden on intermarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act. As discussed, the Exchange
operates in a highly competitive market where members can direct their
orders to a number of different market centers. These include 12 live
U.S. equities exchanges, as well as a large number of off-exchange
venues that trade NMS stocks. In addition, the Exchange represents a
small percentage of the overall market. Based on publicly available
information, no single equities exchange has more than 20% of U.S.
equities market share.\15\ Therefore, no exchange possesses significant
pricing power in the execution of order flow. Indeed, market
participants can readily choose to send their orders to other exchange
and off-exchange venues if they deem fee levels at those other venues
to be more favorable, or if they believe that the products and services
that they offer are better serve their trading needs. Since competitors
are free to modify their own pricing in response, and as market
participants may readily adjust their order routing practices, the
Exchange believes that the degree to which pricing changes in this
market may impose any burden on competition is extremely limited.
---------------------------------------------------------------------------

    \15\ See Cboe Global Markets U.S. Equities Market Volume Summary
(May 28, 2020), available at http://markets.cboe.com/us/equities/market_share/.
---------------------------------------------------------------------------

Conclusion
    In sum, if the changes proposed herein are unattractive to market
participants, it is likely that the Exchange will lose market share to
competing exchanges and off-exchange venues as a result. Accordingly,
the Exchange does not believe that the proposed changes would impair
the ability of members or competing order execution venues to maintain
their competitive standing in the financial markets. Indeed, the
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. Specifically, in Regulation NMS, the
Commission highlighted the importance of market forces in determining
prices and SRO revenues and, also, recognized that current regulation
of the market system ``has been remarkably successful in promoting
market competition in its broader forms that are most important to
investors and listed companies.'' \16\
---------------------------------------------------------------------------

    \16\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
---------------------------------------------------------------------------

    The fact that this market is competitive has also long been
recognized by the courts. In NetCoalition v. Securities and Exchange
Commission, the D.C. Circuit stated as follows: ``[n]o one disputes
that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .''.\17\ Accordingly, the Exchange does not believe the
proposed fees impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \17\ See NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \18\ and paragraph (f) of Rule 19b-4 \19\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeEDGA-2020-019 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-CboeEDGA-2020-019. 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-CboeEDGA-2020-019, and should be
submitted on or before August 6, 2020.
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-15304 Filed 7-15-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Rules and Regulations]
[Page 14820]
[FR Doc No: 2017-05810]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0100]

Drawbridge Operation Regulation; Des Allemands Bayou, Des
Allemands, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Burlington Northern Santa Fe
Railroad swing span drawbridge across Des Allemands Bayou, mile 14.0,
at Des Allemands, St. Charles and Lafourche Parishes, Louisiana. The
deviation is necessary to install two open-deck spans for increased
reliability of bridge operations. This deviation allows the bridge to
remain in the closed-to-navigation position for two (2) separate, two-
day periods.

DATES: This deviation is effective from 6 a.m. on April 20, 2017
through 12 noon on April 28, 2017.

ADDRESSES: The docket for this deviation, [USCG-2017-0100] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Giselle MacDonald, Bridge Management
Specialist, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Burlington Northern Santa Fe Railroad
Company requested a temporary deviation from the operating schedule for
the swing span drawbridge across Des Allemands Bayou, mile 14.0, at Des
Allemands, St. Charles and Lafourche Parishes, Louisiana. The deviation
was requested to install two open-deck spans, one on each side of the
existing swing span, to increase the reliability of bridge opening and
closing operations.
    The draw currently operates under 33 CFR 117.440(b). The draw of
the Burlington Northern Santa Fe Railroad Bridge, Mile 14.0, shall open
on signal Monday through Friday from 7 a.m. to 3 p.m. At all other
times the draw shall open on signal if at least 4 hours notice is
given.
    For purposes of this deviation, the bridge will remain closed to
navigation for two separate dates, 30 hours each, from 6 a.m. April 20,
2017 through 12 noon, April 21, 2017 and from 6 a.m., April 27, 2017
through 12 noon, April 28, 2017. During this deviation, vessels will
not be allowed to pass through the bridge. The bridge has a vertical
clearance of 3 feet above mean high water in the closed-to-navigation
position and unlimited in the open-to-navigation position. Navigation
on the waterway consists of tugs with tows, fishing vessels and
recreational craft.
    The Coast Guard will inform the users of the waterway through our
Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge. The bridge will not be able to open for
emergencies and there is no immediate alternate route for vessels to
pass.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: March 17, 2017.
Eric A. Washburn,
Bridge Administrator, Eighth Coast Guard District.
[FR Doc. 2017-05810 Filed 3-22-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Notices]
[Pages 52650-52652]
[FR Doc No: 2011-21455]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission Combined Notice of Filings
1

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER11-4281-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. Second Quarter 2011 Capital
Budget Report.

    Filed Date: 08/11/2011.
    Accession Number: 20110811-5023.
    Comment Date: 5 p.m. Eastern Time on Thursday, September 01, 2011.

    Docket Numbers: ER11-4282-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: G298 Amended GIA to be
effective 8/12/2011.
    Filed Date: 08/11/2011.
    Accession Number: 20110811-5038.
    Comment Date: 5 p.m. Eastern Time on Thursday, September 01, 2011.

    Docket Numbers: ER11-4283-000.
    Applicants: Alabama Power Company.
    Description: Alabama Power Company submits tariff filing per
35.13(a)(2)(iii: Attachment S (APCO and SEGCO) Filing to be effective
1/1/2012.
    Filed Date: 08/11/2011.
    Accession Number: 20110811-5113.
    Comment Date: 5 p.m. Eastern Time on Thursday, September 01, 2011.

    Docket Numbers: ER11-4284-000.
    Applicants: Georgia Power Company.
    Description: Georgia Power Company submits tariff filing per
35.13(a)(2)(iii: FP&L Scherer Unit 4 TSA Amendment Filing (SEGCO
Depreciation Rate Update) to be effective 1/1/2012.
    Filed Date: 08/11/2011.
    Accession Number: 20110811-5114.
    Comment Date: 5 p.m. Eastern Time on Thursday, September 01, 2011.

    Docket Numbers: ER11-4285-000.
    Applicants: Georgia Power Company.
    Description: Georgia Power Company submits tariff filing per
35.13(a)(2)(iii: JEA Scherer Unit 4 TSA Amendment Filing (SEGCO
Depreciation Rate Update) to be effective 1/1/2012.
    Filed Date: 08/11/2011.
    Accession Number: 20110811-5115.
    Comment Date: 5 p.m. Eastern Time on Thursday, September 01, 2011.

    Docket Numbers: ER11-4286-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35.13(a)(2)(iii: Modifications to APS Service Agreement Nos. 51741
and 308 to be effective 7/8/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5000.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

    Docket Numbers: ER11-4287-000
    Applicants: Michigan Electric Transmission Company, LLC
    Description: Michigan Electric Transmission Company, LLC submits
tariff filing per 35.13(a)(2)(iii: Filing of Facilities Upgrade
Agreement to be effective 10/12/2011.
    Filed Date: 08/12/2011
    Accession Number: 20110812-5034
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011

    Docket Numbers: ER11-4288-000.
    Applicants: ITC Midwest LLC.
    Description: ITC Midwest LLC submits tariff filing per
35.13(a)(2)(iii: Filing of Joint Pole Use Agreements to be effective
10/12/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5037.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

    Docket Numbers: ER11-4289-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits tariff
filing per 35: OATT Service Agreement 172 (Baseline) to be effective 8/
12/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5083.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

    Docket Numbers: ER11-4290-000.
    Applicants: Milford Power Limited Partnership.
    Description: Milford Power Limited Partnership submits tariff
filing per 35: Revisions to Market-Based Rate Tariff of Milford Power
Limited Partnership to be effective 8/13/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5117.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

    Docket Numbers: ER11-4291-000.
    Applicants: Kentucky Utilities Company.
    Description: Kentucky Utilities Company submits tariff filing per
35.13(a)(2)(iii: 08--12--11 KU ARAs Errata to be effective 8/15/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5119.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

    Docket Numbers: ER11-4292-000.
    Applicants: ANP Funding I, LLC.
    Description: ANP Funding I, LLC submits tariff filing per 35:
Revisions to Market-Based Rate Tariff of ANP Funding I, LLC to be
effective 8/13/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5120.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

    Docket Numbers: ER11-4293-000.
    Applicants: ANP Blackstone Energy Company, LLC.
    Description: ANP Blackstone Energy Company, LLC submits tariff
filing per 35: Revisions to Market-Based Rate Tariff of ANP Blackstone
Energy Company, LLC to be effective 8/13/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5121.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

    Docket Numbers: ER11-4294-000.
    Applicants: NV Energy, Inc.
    Description: NV Energy, Inc. submits tariff filing per
35.13(a)(2)(iii: Service Agreement No. 10-00979 Amended and Restated
LGIA to be effective 7/22/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5135.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

    Docket Numbers: ER11-4295-000.
    Applicants: ANP Bellingham Energy Company, LLC.
    Description: ANP Bellingham Energy Company, LLC submits tariff
filing per 35: Revisions to Market-Based Rate Tariff of ANP Bellingham
Energy Company, LLC to be effective 8/13/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5136.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

    Docket Numbers: ER11-4296-000.
    Applicants: ITC Midwest LLC.
    Description: ITC Midwest LLC submits tariff filing per
35.13(a)(2)(iii: Filing of Electric Service Agreement to be effective
10/12/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5143.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

    Docket Numbers: ER11-4297-000.
    Applicants: Armstrong Energy Limited Partnership, L.L.L.P.
    Description: Armstrong Energy Limited Partnership, L.L.L.P. submits
tariff filing per 35: Revisions to Market-Based Rate Tariff of
Armstrong Energy Limited Partnership to be effective 8/13/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5149.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

    Docket Numbers: ER11-4298-000.
    Applicants: ITC Midwest LLC.
    Description: ITC Midwest LLC submits tariff filing per
35.13(a)(2)(iii: Filing of Operation and Maintenance Agreement to be
effective 10/12/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5151.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

    Docket Numbers: ER11-4299-000.
    Applicants: Pleasants Energy, LLC.
    Description: Pleasants Energy, LLC submits tariff filing per 35:
Revisions to

Market-Based Rate Tariff of Pleasants Energy, LLC to be effective 8/13/
2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5152.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

    Docket Numbers: ER11-4300-000.
    Applicants: Calumet Energy Team, LLC.
    Description: Calumet Energy Team, LLC submits tariff filing per 35:
Revisions to Market-Based Rate Tariff of Calumet Energy Team, LLC to be
effective 8/13/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5153.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

    Docket Numbers: ER11-4301-000.
    Applicants: ITC Midwest LLC.
    Description: ITC Midwest LLC submits tariff filing per
35.13(a)(2)(iii: Filing of Facilities Agreement to be effective 10/12/
2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5154.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

    Docket Numbers: ER11-4302-000.
    Applicants: ITC Midwest LLC.
    Description: ITC Midwest LLC submits tariff filing per
35.13(a)(2)(iii: Filing of Interconnection Agreement to be effective
10/12/2011.
    Filed Date: 08/12/2011.
    Accession Number: 20110812-5155.
    Comment Date: 5 p.m. Eastern Time on Friday, September 02, 2011.

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

    Dated: August 12, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-21455 Filed 8-22-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 12, 2007 (Volume 72, Number 238)]
[Rules and Regulations]
[Page 70509-70513]
[DOCID:fr12de07-4]

=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740 and 772

[Docket No. 071114704-7749-01]
RIN 0694-AD72

Revisions to License Exceptions TMP and BAG: Expansion of
Eligible Items

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: This rule amends the Export Administration Regulations (EAR)
to expand the availability of License Exceptions Temporary Imports,
Exports, and Reexports (TMP) and Baggage (BAG) to allow for certain
temporary exports and reexports of technology by U.S. persons to U.S.
persons or their employees traveling or temporarily assigned abroad.

DATES: Effective Date: This rule is effective: December 12, 2007.
Although there is no formal comment period, public comments on this
regulation are welcome on a continuing basis.

ADDRESSES: You may submit comments, identified by RIN 0694-AD72, by any
of the following methods:
    E-mail<EMAIL_ADDRESS>Include ``RIN 0694-AD72'' in
the subject line of the message.
    Fax:<PHONE_NUMBER>. Please alert the Regulatory Policy Division,
by calling<PHONE_NUMBER>, if you are faxing comments.
    Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230,
Attn: RIN 0694-AD72.
    Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to David
Rostker, Office of Management and Budget (OMB), by e-mail to
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>; and to the U.S.

Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230. Comments on this collection of information should
be submitted separately from comments on the final rule (i.e. RIN 0694-
AD72)--all comments on the latter should be submitted by one of the
three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Office of Exporter
Services, Bureau of Industry and Security, Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    Under part 740 of the EAR, License Exception Temporary Imports,
Exports, and Reexports (TMP) (Sec.  740.9) and License Exception
Baggage (BAG) (Sec.  740.14) both contain tools of trade provisions
(Sec.  740.9(a)(2)(i) and Sec.  740.14(b)(4), respectively) which
authorize certain temporary exports and reexports for usual and
reasonable kinds and quantities of tools of trade for use in a lawful
enterprise or undertaking of the exporter. Previously, License
Exceptions TMP and BAG did not authorize temporary exports or reexports
of technology because the scope of these license exceptions was limited
to commodities and software.
    This rule expands the availability of License Exceptions TMP and
BAG to allow for certain temporary exports and reexports of technology
by U.S. persons to U.S. persons or their employees traveling or
temporarily assigned abroad. This rule does not authorize any new
release of technology. Technology exported under License Exceptions TMP
or BAG may only be released to persons who may receive that same
technology pursuant to other provisions of the EAR. Exporters and
reexporters who wish to use the tools of trade provisions of the two
relevant license exceptions for the temporary export or reexport of
technology subject to the EAR may do so, subject to certain
restrictions specifically applicable to technology exports and
reexports. These restrictions provide safeguards against the
unauthorized risk of access to technology.

Amendments to the Export Administration Regulations

    This rule makes the following revisions to the Export
Administration Regulations (EAR) to reflect changes to License
Exceptions TMP and BAG:
    In part 740 (License Exceptions):
    (1) This rule makes changes in Sec.  740.9 (Temporary Imports,
Exports, and Reexports (TMP)), to amend the ``tools of trade''
provisions in paragraph (a)(2)(i) to authorize the export or reexport
by U.S. persons of certain technology to U.S. persons or their
employees traveling or temporarily assigned abroad. This rule adds a
new paragraph (a)(2)(i)(C) to add a specific definition of U.S. person
applicable to paragraph (a)(2)(i).
    In Sec.  740.9, this rule also adds a new paragraph (a)(3)(iv),
establishing restrictions to prevent unauthorized export or reexport of
technology. These restrictions include a restriction added to paragraph
(a)(3)(iv)(A) for exports or reexports to employees who are not U.S.
persons, as defined in (a)(2)(i)(C), to ensure that this license
exception will not be used to circumvent other license requirements
under the EAR such as the ``deemed export'' license requirements set
forth in Sec.  734.2(b)(2)(ii). Specifically, TMP may be available to
employees who are not U.S. persons, as defined in paragraph
(a)(2)(i)(C), for exports or reexports of technology under the tools of
trade provisions set forth in paragraph (a)(2)(i)(A) only to the extent
that such employees are authorized to receive the same technology in
accordance with the EAR (e.g., a license or license exception), or,
alternatively, do not require such authorization on account of the
technology's NLR status. As an additional safeguard, under paragraph
(a)(3)(iv)(A)(2), the U.S. person employer must demonstrate and
document for recordkeeping purposes the reason that the technology to
be authorized for export or reexport under the tools of trade
provisions of paragraph (a)(2)(i)(A) is needed by such employees in
their temporary business activities abroad on behalf of their U.S.
person employer.
    This rule adds a new paragraph (a)(1)(i) to provide an additional
requirement and guidance for the return or disposal of technology
authorized under License Exception TMP. This paragraph (a)(1)(i)
clarifies that technology shipped or transmitted as temporary exports
or reexports under the provisions of paragraph (a)(2)(i)(A) that exists
in a format that could facilitate a subsequent release of the
technology must be returned or disposed of in accordance with paragraph
(a)(4) of License Exception TMP. This paragraph also provides an
illustrative list of examples of technology that exists in a format
that could facilitate a subsequent release of technology.
    (2) This rule also revises Sec.  740.14 (Baggage (BAG)) to amend
the tools of trade provisions in paragraph (b)(4) (Tools of Trade) to
authorize the export or reexport of certain technology to U.S. persons
for use in the trade, occupation, employment, vocation, or hobby of the
traveler or members of the U.S. person's household, provided they are
also U.S. persons, who are traveling or moving. This rule adds a new
paragraph (b)(4)(i) to add a specific definition of U.S. person
applicable to paragraph (b)(4) of this section. In addition, this rule
adds a new paragraph (h) prohibiting the unauthorized export or
reexport of technology.

    (3) In Sec.  772.1 (Definitions of Terms as Used in the Export
Administration Regulations), this rule revises paragraph (b) of the
definition of U.S. person to clarify that exporters should see Sec.
740.14 (License Exception BAG) for a definition of U.S. person that is
specific to that section.
    (4) In Sec.  740.9, the reference to Note 2 in Category 5--Part 2
``Information Security'' of the Commerce Control List (CCL) (Supplement
No. 1 to Part 774 of the EAR) is removed. Note 2 in Category 5, Part 2
refers persons to License Exceptions TMP and BAG. Prior to the
publication of this rule, the last sentence of paragraph (a)(2)(i) of
License Exception TMP referred persons back to Note 2 in Category 5,
Part 2. License Exception BAG does not contain a reference to Note 2 of
Category 5, Part 2. To provide clarity, the reference to Note 2 in
Sec.  740.9 is eliminated with the publication of this rule.
    In order to provide clearer guidance to the public regarding which
encryption items are authorized under License Exceptions TMP and BAG,
this rule also specifies certain restrictions applicable to the use of
both License Exceptions TMP and BAG for exports and reexports of
certain types of encryption technology. First, encryption technology
controlled under ECCN 5E002 is not authorized for export or reexport
under the amended ``tools of trade'' provisions of License Exception
TMP. Second, in License Exception BAG Sec.  740.14, the new U.S. person
``tools of trade'' provisions do not authorize the export or reexport
of ECCN 5E002 encryption technology to any destination listed in
Country Group E:1 of Supplement No. 1 to part 740. For the export or
reexport of 5E002 technology by companies, their subsidiaries and
employees, see License Exception Encryption Commodities and Software
(ENC) set forth in Sec.  740.17.
    In License Exception TMP Sec.  740.9 paragraph (a)(2)(i), this rule
also removes the second to last sentence that stated, prior to the
publication of this rule, that items controlled under ECCN 5D992 are
permitted pursuant to this section, as this sentence is not needed to
clarify the scope of items available under License Exception TMP.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 15,
2007, 72 FR 46137 (August 16, 2007), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for
purposes of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information, subject to the
requirements of the Paperwork Reduction Act, unless that collection of
information displays a currently valid Office of Management and Budget
Control Number. This rule contains a collection of information subject
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This
collection has been approved by the Office of Management and Budget
under control number 0694-0088, ``Multi-Purpose Application,'' which
carries a burden hour estimate of 58 minutes for a manual or electronic
submission.
    3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore,
this regulation is issued in final form.

List of Subjects

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 772

    Exports.

0
Accordingly, parts 740 and 772 of the Export Administration Regulations
(15 CFR parts 730-774) are amended as follows:

PART 740--[AMENDED]

0
1. The authority citation for 15 CFR part 740 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 15, 2007, 72 FR 46137 (August 16, 2007).

0
2. Section 740.9 is amended by:
0
a. Revising paragraph (a)(1);
0
b. Revising paragraphs (a)(2) introductory text, (a)(2)(i) introductory
text, (a)(2)(i)(A) and adding new paragraph (a)(2)(i)(C);
0
c. Revising paragraphs (a)(3)(i)(A), (a)(3)(i)(B) introductory text,
(a)(3)(i)(B)(1), (a)(3)(i)(B)(2), (a)(3)(ii), (a)(3)(iii) and adding
new paragraph (a)(3)(iv);
0
d. Revising paragraph (a)(4); and
0
e. Revising paragraph (a)(5), to read as follows:

Sec.  740.9  Temporary imports, exports and reexports (TMP).

* * * * *
    (a) * * * (1) Scope. You may export and reexport commodities and
software for temporary use abroad (including use in international
waters) subject to the conditions and restrictions described in
paragraphs (a)(2) through (a)(5) of this section. U.S. persons, as
defined in paragraph (a)(2)(i)(C), may export and reexport technology
for temporary use abroad under paragraph (a)(2)(i) of this section to
U.S. persons or their employees traveling or temporarily assigned
abroad (including use in international waters) subject to the
conditions and restrictions described in paragraphs (a)(2) through
(a)(5) of this section. Paragraph (a) does not authorize any new
release of technology. Persons receiving technology exported or
reexported under paragraph (a)(2)(i) must already be authorized to
receive the same technology in accordance with the EAR (e.g., through a
license or license exception), or, alternatively, not require such
authorization on account of the technology's NLR status. Technology
exports and reexports authorized under this paragraph (a) may be made
as actual shipments, transmissions, or releases. Exports and reexports
of encryption items controlled under ECCN 5E002 are not permitted
pursuant to this paragraph (a). Items shipped as temporary exports and
reexports under the provisions of this paragraph (a) must be returned
to the country from which they were exported or reexported as soon as
practicable but, except in circumstances described in this section, no
later than one year from the date of export or reexport. This
requirement does not apply if the items are consumed or destroyed in
the normal course of authorized temporary use abroad or an extension or
other disposition is permitted by the EAR or in writing by BIS.

    (i) Additional requirement for return or disposal of technology.
Technology shipped or transmitted as a temporary export or reexport
under the provisions of this paragraph (a)(2)(i)(A) that exists in a
format that could facilitate a subsequent release of the technology
must be returned or disposed of in accordance with paragraph (a)(4) of
this section. Examples of technology that exists in a format that could
facilitate a subsequent release of technology include the following:
technology in a hard copy format (e.g. blue prints, manuals);
technology in an electronic format stored on an electronic device (e.g.
laptop, PDA); or technology stored on removable storage media and
devices (e.g. CD-ROMS, flash drives, video cassettes).
    (ii) [RESERVED]
    (2) Eligible items. The following items are eligible to be shipped
under this paragraph (a):
    (i) Tools of trade. Usual and reasonable kinds and quantities of
tools of trade (commodities, software, and technology) for use in a
lawful enterprise or undertaking of the exporter. For the export or
reexport of commodities or software, the transaction must meet the
requirements of paragraph (a)(2)(i)(A) or paragraph (a)(2)(i)(B) of
this section. For the export or reexport by U.S. persons of technology
authorized under this paragraph, the transaction must meet the
requirements of paragraph (a)(2)(i)(A) of this section.
    (A) Destinations other than Country Group E:2 or Sudan. Exports and
reexports of tools of trade for use by the exporter or employees of the
exporter may be made only to destinations other than Country Group E:2
or Sudan. The tools of trade must remain under the ``effective
control'' (see Sec.  772.1 of the EAR) of the exporter or the
exporter's employee. Eligible tools of trade may include, but are not
limited to, equipment and software as is necessary to commission or
service items, provided that the equipment or software is appropriate
for this purpose and that all items to be commissioned or serviced are
of foreign origin, or if subject to the EAR, have been lawfully
exported or reexported. For exports and reexports by U.S. persons to
U.S. persons or their employees traveling or temporarily assigned
abroad, eligible tools of trade may also include, but are not limited
to, technology as is necessary to commission or service items, provided
that all items to be commissioned or serviced either are of foreign
origin and not subject to the EAR, or, if subject to the EAR, have been
lawfully exported or reexported. Tools of trade may accompany the
individual departing from the United States or may be shipped
unaccompanied within one month before the individual's departure from
the United States, or at any time after departure.
* * * * *
    (C) For purposes of this paragraph (a)(2)(i), U.S. person is
defined as follows: an individual who is a citizen of the United
States, an individual who is a lawful permanent resident as defined by
8 U.S.C. 1101(a)(2) or an individual who is a protected individual as
defined by 8 U.S.C. 1324b(a)(3). U.S. person also means any juridical
person organized under the laws of the United States, or any
jurisdiction within the United States (e.g., corporation, business
association, partnership, society, trust, or any other entity,
organization or group that is incorporated to do business in the United
States).
* * * * *
    (3) * * *
    (i) * * *
    (A) No item may be exported or reexported under paragraph (a) of
this section to Country Group E:2 (see Supplement No. 1 to this part)
except as permitted by paragraph (a)(2)(viii) of this section (news
media). These destination restrictions apply to temporary exports to
and for use on any vessel, aircraft or territory under the ownership,
control, lease, or charter by any country in Country Group E:2, or any
national thereof;
    (B) No item may be exported under this License Exception to Country
Group D:1 (see Supplement No. 1 to part 740) except:
    (1) Commodities and software exported under paragraph (a)(2)(viii),
news media, of this section;
    (2) Items exported under paragraph (a)(2)(i), tools of trade, of
this section;
    (ii) Ineligible items. (A) Items that will be used outside of
Country Group A:1 (see Supplement No. 1 to part 740), Iceland, or New
Zealand, either directly or indirectly, in any sensitive nuclear
activity as described in Sec.  744.2 of the EAR may not be exported or
reexported to any destination under the temporary exports and reexports
provisions of this License Exception.
    (B) Exports and reexports of encryption items controlled under ECCN
5E002 are not permitted pursuant to this paragraph (a).
    (iii) Use or disposition. No item may be exported or reexported
under this paragraph (a) if:
    (A) An order to acquire the item has been received before shipment;
    (B) The exporter has prior knowledge that the item will stay abroad
beyond the terms of this License Exception; or
    (C) The item is for lease or rental abroad.
    (iv) Restrictions specific to the export or reexport of technology.
The authorization for the export or reexport of technology under the
tools of trade provisions of paragraph (a)(2)(i)(A) is subject to the
restrictions in this paragraph (a)(3)(iv), as described in paragraphs
(a)(3)(iv)(A), (a)(3)(iv)(B) and (a)(3)(iv)(C).
    (A) The authorization for the export or reexport of technology
under the tools of trade provisions of paragraph (a)(2)(i)(A) of this
section may be used only by U.S. persons, as defined in (a)(2)(i)(C),
or their employees traveling or on temporary assignment abroad. The
restrictions under this paragraph (a)(3)(iv)(A) include the following
three additional restrictions:
    (1) Employees who are not U.S. persons, as defined in (a)(2)(i)(C),
may be authorized to receive exports or reexports of the technology
eligible for export or reexport under the tools of trade provisions of
paragraph (a)(2)(i)(A), only if such employees are already eligible to
receive such technology through a current license or a license
exception or on account of NLR status;
    (2) A U.S. employer of individuals who are not U.S. persons, as
defined in (a)(2)(i)(C), must demonstrate and document for
recordkeeping purposes the reason that the technology to be authorized
for export or reexport under the tools of trade provisions of paragraph
(a)(2)(i)(A) is needed by such employees in their temporary business
activities abroad on behalf of the U.S. person employer, prior to using
the tools of trade provisions of paragraph (a)(2)(i)(A) of this
section. This documentation must be created and maintained in
accordance with the recordkeeping requirements of part 762 of the EAR;
and
    (3) The U.S. person must retain supervision over the technology
that has been authorized for export or reexport under these or other
provisions.
    (B) The exporting or reexporting party and the recipient of the
technology must take security precautions to protect against
unauthorized release of the technology while the technology is being
shipped or transmitted and used overseas. Examples of security
precautions to help prevent unauthorized access include the following:
    (1) Use of secure connections, such as Virtual Private Network
connections, when accessing IT networks for e-mail

and other business activities that involve the transmission and use of
the technology authorized under this license exception;
    (2) Use of password systems on electronic devices that will store
the technology authorized under this license exception; and
    (3) Use of personal firewalls on electronic devices that will store
the technology authorized under this license exception.
    (C) Technology authorized under these provisions may not be used
for foreign production purposes or for technical assistance unless
authorized by BIS.
    (4) Return or disposal of items. All items exported or reexported
under these provisions must, if not consumed or destroyed in the normal
course of authorized temporary use abroad, be returned as soon as
practicable but no later than one year after the date of export or
reexport, to the United States or other country from which the items
were so exported or reexported, or shall be disposed of or retained in
one of the following ways:
    (i) Permanent export or reexport. If the exporter or the reexporter
wishes to sell or otherwise dispose of the items abroad, except as
permitted by this or other applicable provision of the EAR, the
exporter must request authorization by submitting a license application
to BIS at the address listed in part 748 of the EAR. (See part 748 of
the EAR for more information on license applications.) The request
should comply with all applicable provisions of the EAR covering export
directly from the United States to the proposed destination. The
request must also be supported by any documents that would be required
in support of an application for export license for shipment of the
same items directly from the United States to the proposed destination.
BIS will advise the exporter of its decision.
    (ii) Use of a license. An outstanding license may also be used to
dispose of items covered by the provisions of this paragraph (a),
provided that the outstanding license authorizes direct shipment of the
same items to the same new ultimate consignee in the new country of
destination.
    (iii) Authorization to retain item abroad beyond one year. If the
exporter wishes to retain an item abroad beyond the 12 months
authorized by paragraph (a) of this section, the exporter must request
authorization by submitting Form BIS-748P, Multipurpose Application, 90
days prior to the expiration of the 12 month period. The request must
be sent to BIS at the address listed in part 748 of the EAR and should
include the name and address of the exporter, the date the items were
exported, a brief product description, and the justification for the
extension. If BIS approves the extension request, the exporter will
receive authorization for a one-time extension not to exceed six
months. BIS normally will not allow an extension for items that have
been abroad more than 12 months, nor will a second six month extension
be authorized. Any request for retaining the items abroad for a period
exceeding 18 months must be made in accordance with the requirements of
paragraph (a)(4)(i) of this section.
    (5) Reexports. (i) Commodities and software lawfully exported from
the United States may be reexported to a new country or countries of
destination other than Sudan or Country Group E:2 under provisions of
this paragraph (a) provided its terms and conditions are met and the
commodities and software are returned to the country from which the
reexport occurred.
    (ii) Technology legally exported from the United States may be
reexported by a U.S. person to U.S. persons and their employees in a
new country or countries of destination other than Sudan or Country
Group E:2 under provisions of this paragraph (a)(2)(i)(A) provided its
terms and conditions are met and the technology is returned to the
country from which the reexport occurred.
* * * * *

0
3. Section 740.14 is amended:
0
a. By revising paragraphs (a) and (b) introductory text ;
0
b. By revising paragraph (b)(4);
0
c. By revising the introductory text of paragraph (c); and
0
d. By adding new paragraph (h), to read as follows:

Sec.  740.14  Baggage (BAG).

    (a) Scope. This License Exception authorizes individuals leaving
the United States either temporarily (i.e., traveling) or longer-term
(i.e., moving) and crew members of exporting or reexporting carriers to
take to any destination, as personal baggage, the classes of
commodities, software and technology described in this section.
    (b) Eligibility. Individuals leaving the United States may export
or reexport any of the following commodities or software for personal
use of the individuals or members of their immediate families traveling
with them to any destination or series of destinations. Individuals
leaving the United States who are U.S. persons, as defined in paragraph
(b)(4)(i), may export or reexport technology as a tool of trade under
paragraph (b)(4) for their personal use or for the personal use of
members of their immediate families who are traveling or moving with
them, provided they are also U.S. persons, as defined in paragraph
(b)(4)(i), to any destination or series of destinations. Technology
exports and reexports authorized under paragraph (b)(4) of this section
may be made as actual shipments, transmissions, or releases.
Individuals leaving the United States temporarily (i.e., traveling)
must bring back items exported and reexported under this License
Exception unless they consume the items abroad or are otherwise
authorized to dispose of them under the EAR. Crew members may export or
reexport only commodities and software described in paragraphs (b)(1)
and (b)(2) of this section to any destination.
* * * * *
    (4) Tools of trade. Usual and reasonable kinds and quantities of
tools, instruments, or equipment and their containers and also
technology for use in the trade, occupation, employment, vocation, or
hobby of the traveler or members of the household who are traveling or
moving. For special provisions regarding encryption commodities and
software subject to EI controls, see paragraph (f) of this section. For
a special provision that specifies restrictions regarding the export or
reexport of technology under this paragraph, see paragraph (h).
    (i) For purposes of this paragraph (b), U.S. person is defined as
follows: an individual who is a citizen of the United States, an
individual who is a lawful permanent resident as defined by 8 U.S.C.
1101(a)(2) or an individual who is a protected individual as defined by
8 U.S.C. 1324b(a)(3).
    (ii) [RESERVED]
    (c) Limits on eligibility. The export of any item is limited or
prohibited, if the kind or quantity is in excess of the limits
described in this section. In addition, the items must be:
* * * * *
    (h) Special provision: restrictions for Export or Reexport of
Technology. This authorization for the export or reexport of technology
under the tools of trade provisions of paragraph (b)(4) of this section
may be used only if:
    (1) The technology is to be used overseas solely by individuals or
members of their immediate families traveling with them provided they
are U.S. persons as defined in paragraph (b)(4)(i).
    (2) The exporting or reexporting party and the recipient take
adequate security precautions to protect against

unauthorized access to the technology while the technology is being
transmitted and used overseas. Examples of security precautions to help
prevent unauthorized access include the following:
    (i) Use of secure connections, such as Virtual Private Network
connections when accessing IT networks for e-mail and other business
activities that involve the transmission and use of the technology
authorized under this license exception;
    (ii) Use of password systems on electronic devices that will store
the technology authorized under this license exception; and
    (iii) Use of personal firewalls on electronic devices that will
store the technology authorized under this license exception.
    (3) The technology authorized under these provisions may not be
used for foreign production purposes or for technical assistance unless
authorized by BIS;
    (4) Any encryption item controlled under ECCN 5E002 is not exported
or reexported to any destination listed in Country Group E:1 of
Supplement No. 1 of this part.

PART 772--[AMENDED]

0
4. The authority citation for 15 CFR part 772 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
3, 2006, 71 FR 44551 (August 7, 2006); Notice of August 15, 2007, 72
FR 46137 (August 16, 2007).

0
5. Section 772.1 is amended by revising paragraph (b) in the definition
of ``U.S. person'', as set forth below:

Sec.  772.1  Definitions of Terms as used in the Export Administration
Regulations (EAR).

* * * * *
    ``U.S. person''.
* * * * *
    (b) See also Sec. Sec.  740.9, 740.14 and parts 746 and 760 of the
EAR for definitions of ``U.S. person'' that are specific to those
parts.
* * * * *

    Dated: December 7, 2007.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. E7-24077 Filed 12-11-07; 8:45 am]

BILLING CODE 3510-33-P


[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Notices]
[Pages 11802-11803]
[FR Doc No: 2022-04392]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Women in Aviation Advisory Board; Notice of Public Meeting

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

ACTION: Notice of public meeting.

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

SUMMARY: This notice announces a meeting of the Women in Aviation
Advisory Board (WIAAB or the Board).

DATES: The meeting will be held on March 21, 2022, from 9:00 a.m.-12:00
p.m. Eastern Time.
    Requests for accommodations to a disability must be received by
March 11, 2022.
    Requests to submit written materials to be reviewed during the
meeting must be received by March 11, 2022.

ADDRESSES: The meeting will be held virtually. Members of the public
who wish to observe the meeting may access the event live on the FAA's
Twitter, Facebook and YouTube channels. For copies of meeting minutes
along with all other information, please visit the WIAAB internet
website at https://www.faa.gov/regulations_policies/rulemaking/committees/documents/index.cfm/committee/browse/committeeID/817.

FOR FURTHER INFORMATION CONTACT: Ms. Aliah Duckett, Federal Aviation
Administration, at [email protected]. Any committee
related request should be sent to the person listed in this section or
by phone at<PHONE_NUMBER>.

SUPPLEMENTAL INFORMATION:

I. Background

    On October 3, 2019, FAA established the Board under the Federal
Advisory Committee Act (FACA) in accordance with section 612 of the FAA
Reauthorization Act of 2018 (Pub. L. 115-254). The WIAAB will develop
and provide recommendations and strategies to the FAA Administrator to
explore opportunities for encouraging women and girls to enter the
field of aviation with the objective of promoting organizations and
programs that are

providing education, training, mentorship, outreach, and recruitment of
women in the aviation industry.
    The charter was renewed October 3, 2021.

II. Agenda

    At the meeting, the agenda will cover the following topics:

 Welcome/Opening Remarks
 Approval of Previous Meeting Minutes
 Recommendations Report Discussion
 Approval of Recommendations Report
 Final Thoughts

    A detailed agenda will be posted on the WIAAB internet website
address listed in the ADDRESSES section at least 15 days in advance of
the meeting. Copies of the meeting minutes will also be available on
the WIAAB internet website.

III. Public Participation

    The meeting will be open to the public and livestreamed. Members of
the public who wish to observe the meeting can access the livestream on
the FAA's social media platforms listed in the ADDRESSES section on the
day of the event.
    The U.S. Department of Transportation is committed to providing
equal access to this meeting for all participants. If you need
alternative formats or services because of a disability, such as sign
language, interpretation, or other ancillary aids, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section.
    The FAA is not accepting oral presentations at this meeting due to
time constraints. However, the public may present written statements to
the Board by providing a copy to the Designated Federal Officer via the
email listed in the FOR FURTHER INFORMATION CONTACT section.

Angela O. Anderson,
Director, Regulatory Support Division, Office of Rulemaking, Federal
Aviation Administration.
[FR Doc. 2022-04392 Filed 3-1-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 3, 2008 (Volume 73, Number 171)]
[Notices]
[Page 51457-51458]
[DOCID:fr03se08-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2232-556]

Duke Energy Carolinas, LLC; Notice of Application for Amendment
of License and Soliciting Comments, Motions To Intervene, and Protests

August 26, 2008.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Non-Project Use of Project Lands and Waters.
    b. Project No: 2232-556.
    c. Date filed: August 15, 2008.
    d. Applicant: Duke Energy Carolinas.
    e. Name of Project: Catawba-Wateree Project.
    f. Location: The project is located on Lake Norman in Iredell
County, North Carolina. The project does not occupy federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Kelvin K. Reagan, Duke Energy Carolinas,
Senior Lake Services Representative, P.O. Box 1006, Charlotte, NC
28201-1006,<PHONE_NUMBER>.
    i. FERC Contact: Rebecca Martin at<PHONE_NUMBER>, or e-mail
<EMAIL_ADDRESS>    j. Deadline for filing comments and/or motions: September 26, 2008.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Please include the project
number (P-2232-556) on any comments or motions filed.
    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 whose name appears 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. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Application: The licensee requests Commission
approval to grant a lease of 2.31 acres to Lake Cruises, Inc. to expand
the Queen's Landing True Public Marina to add one new dock facility
that will accommodate 10 boats, add 13 jet-ski ports to existing
structures, one new floating dock to be used for rental boats, and one
new floating dock for parking antique boats. No dredging is required
for this proposal.
    l. Location of Application: A copy of the application is available
for inspection and reproduction at the Commission's Public Reference
Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426,
or by calling<PHONE_NUMBER>. This filing may also 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. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n.  Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', OR ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular

application to which the filing refers. A copy of any motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov
under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-20262 Filed 9-2-08; 8:45 am]

BILLING CODE 6717-01-P