[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63781-63782]
[FR Doc No: 2015-26781]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL 9935-91-Region 1]

Proposed CERCLA Administrative Cost Recovery Settlement: Peabody
Street Asbestos Superfund Site, Salem, Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement; request for public comments.

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SUMMARY: Notice is hereby given of a proposed administrative settlement
for recovery of past response costs concerning the Peabody Street
Asbestos Superfund Site, located in Salem, Essex County, Massachusetts
with the settling parties Massachusetts Electric Company and National
Grid USA. The proposed settlement requires the settling parties to pay
$850,000, plus interest, to the Hazardous Substance Superfund. In
exchange, EPA will provide the settling parties a covenant not to sue.
The settlement has been approved by the Environmental and Natural
Resources Division of the United States Department of Justice. For 30
days following the date of publication of this notice, the Agency will
receive written comments relating to the settlement for recovery of
response costs. The Agency will consider all comments received and may
modify or withdraw its consent to this cost recovery settlement if
comments received disclose facts or considerations which indicate that
the settlement is inappropriate, improper, or inadequate. The Agency's
response to any comments received will be available for public
inspection at the Salem Public Library, 370 Essex Street, Salem, MA
01970 and at the Environmental Protection Agency--Region I, 5 Post
Office Square, Suite 100, Boston, MA 02109-3912.

DATES: Comments must be submitted by November 20, 2015.

ADDRESSES: Comments should be addressed to Kevin Pechulis, Enforcement
Counsel, U.S. Environmental Protection Agency, 5 Post Office Square,
Suite 100 (OES04-2), Boston, MA 02109-3912 (Telephone No.<PHONE_NUMBER>)
and should reference the Peabody Street Asbestos Superfund Site, U.S.
EPA Docket No: 01-2015-0052.

FOR FURTHER INFORMATION CONTACT: A copy of the proposed settlement may
be obtained from Stacy Greendlinger, Office of Site Remediation and
Restoration, U.S. Environmental Protection Agency, Region I, 5 Post
Office Square, Suite 100 (OSRR02-2), Boston, MA 02109-3912, (617) 918-
1403<EMAIL_ADDRESS>Technical questions can also be
directed to Stacy Greendlinger. For legal questions, Kevin Pechulis,
Office of Environmental Stewardship, U.S. Environmental Protection
Agency, 5 Post Office Square, Suite 100 (OES04-3), Boston, MA 02109-
3912,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposed administrative settlement for
recovery of past response costs concerning the Peabody Street Asbestos
Superfund Site, located in Salem, Essex County, Massachusetts is made
in accordance with Section 122(i) of the Comprehensive Environmental
Response, Compensation, and Liability Act, as amended (``CERCLA''), 42
U.S.C. 9622(i). The settling parties to this administrative settlement
include: Massachusetts Electric Company and National Grid USA. The
settlement includes a covenant not to sue the settling parties pursuant
to Section 106 of CERCLA, 42 U.S.C. 9606, and Section 107(a) of CERCLA,
42 U.S.C. 9607(a). For 30 days following the date of publication of
this notice, the Agency will receive written comments relating to the
settlement for recovery of response costs (Section XIV of the proposed
settlement).

    Dated: October 7, 2015.
Nancy Barmakian,
Acting Director, Office of Site Remediation and Restoration.
[FR Doc. 2015-26781 Filed 10-20-15; 8:45 am]
BILLING CODE 6560-50P


[Federal Register Volume 87, Number 106 (Thursday, June 2, 2022)]
[Proposed Rules]
[Pages 33454-33457]
[FR Doc No: 2022-11803]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0592; Project Identifier MCAI-2021-01023-T]
RIN 2120-AA64

Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain MHI RJ Aviation ULC Model CL-600-2D24 (Regional Jet Series
900) airplanes. This proposed AD was prompted by a report of a
manufacturing error that can create dents on the lower wing plank,
close to the flap arm locations at certain wing stations; as a result,
cracks could develop and weaken the structural integrity of the wings
before being detected by any existing required inspections. This
proposed AD would require an inspection for damage (including dents,
cracks, discoloration, gouges, scratches, or other surface damage) of
the lower wing plank in the flap arm areas at certain wing stations,
and repair if necessary. The FAA is

proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by July 18,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact MHI RJ
Aviation Group, Customer Response Center, 3655 Ave. des Grandes-
Tourelles, Suite 110, Boisbriand, Qu[eacute]bec J7H 0E2 Canada; North
America toll-free telephone<PHONE_NUMBER> or direct-dial telephone 450-
990-7272; fax<PHONE_NUMBER>; email [email protected]; internet https://mhirj.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0592; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Deep Gaurav, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0592; Project Identifier
MCAI-2021-01023-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Deep
Gaurav, Aerospace Engineer, Airframe and Propulsion Section, FAA, New
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected]. Any commentary
that the FAA receives which is not specifically designated as CBI will
be placed in the public docket for this rulemaking.

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2021-31, dated September
14, 2021 (TCCA AD CF-2021-31) (also referred to after this as the
Mandatory Continuing Airworthiness Information, or the MCAI), to
correct an unsafe condition for certain MHI RJ Aviation ULC Model CL-
600-2D24 (Regional Jet Series 900) airplanes. You may examine the MCAI
in the AD docket at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0592.
    This proposed AD was prompted by a report of a manufacturing error
that can result in dents on the lower wing plank, close to the five
flap arm locations at wing station (WS) 54.55, WS 128.00, WS 179.00, WS
220.00, and WS 264.00. These dents could lead to cracks that could
weaken the structural integrity of the wings before being detected by
any existing required inspection. The FAA is proposing this AD to
address dents, cracks, and other damage, that if not detected and
corrected, could lead to reduced structural integrity of the wings. See
the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    MHI RJ Aviation ULC has issued Service Bulletin 670BA-57-029, dated
February 2, 2021. This service information describes, among other
actions, procedures for doing a detailed visual inspection for damage
(including dents, cracks, discoloration, gouges, scratches, or other
surface damage) of the outer aft lower skin at WS 54.55, WS 128.00, WS
179.00, WS 220.00, and WS 264.00, and repair. This service information
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 14 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170           $2,380
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this proposed AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier,
Inc.): Docket No. FAA-2022-0592; Project Identifier MCAI-2021-01023-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by July 18, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Model CL-600-2D24 (Regional Jet
Series 900) airplanes, certificated in any category, having serial
number 15462 through 15475 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report of a manufacturing error that
can create dents on the lower wing plank, close to the flap arm
locations at certain wing stations; as a result, cracks could
develop and weaken the structural integrity of the wings before
being detected by any existing required inspections. The FAA is
issuing this AD to address dents, cracks, and other damage, that, if
not detected and corrected, could lead to reduced structural
integrity of the wings.

(f) Compliance

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

(g) Inspection and Corrective Action

    Prior to the accumulation of 8,800 total flight hours or within
30 days after the effective date of this AD, whichever occurs later,
perform a detailed visual inspection for damage (including dents,
cracks, discoloration, gouges, scratches, or other surface damage)
of the outer aft lower skin at wing stations (WS) 54.55, WS 128.00,
WS 179.00, WS 220.00, and WS 264.00 in accordance with paragraph B.,
``Procedure,'' of the Accomplishment Instructions of MHI RJ Aviation
Service Bulletin 670BA-57-029, dated February 2, 2021. Do all
applicable corrective actions before further flight. If any damage
is found during the inspection, before further flight, repair using
a method approved by the Manager, New York ACO Branch, FAA; or
Transport Canada Civil Aviation (TCCA); or MHI RJ Aviation ULC's
TCCA Design Approval Organization (DAO). If approved by the DAO, the
approval must include the DAO-authorized signature.

(h) No Reporting Requirement

    Although MHI RJ Aviation Service Bulletin 670BA-57-029, dated
February 2, 2021, specifies to submit certain information to the
manufacturer, this AD does not include that requirement.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to a location where the
inspection can be done, provided the flight is a non-revenue flight.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the responsible Flight
Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or MHI RJ
Aviation ULC's TCCA Design Approval Organization (DAO). If approved
by the DAO, the approval must include the DAO-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) TCCA AD CF-2021-31, dated September 14, 2021, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2022-0592.

    (2) For more information about this AD, contact Deep Gaurav,
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].
    (3) For service information identified in this AD, contact MHI
RJ Aviation Group, Customer Response Center, 3655 Ave. des Grandes-
Tourelles, Suite 110, Boisbriand, Qu[eacute]bec J7H 0E2 Canada;
North America toll-free telephone<PHONE_NUMBER> or direct-dial
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email [email protected];
internet https://mhirj.com. You may view this service information at
the FAA, Airworthiness Products Section, Operational Safety Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on May 24, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-11803 Filed 6-1-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 9, 2005 (Volume 70, Number 236)]
[Notices]
[Page 73314]
[DOCID:fr09de05-131]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension: Rule 24b-1; SEC File No. 270-205; OMB Control No. 3235-
0194.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Rule 24b-1 (17 CFR 240.24b-1) requires a national securities
exchange to keep and make available for public inspection a copy of its
registration statement and exhibits filed with the Commission, along
with any amendments thereto.
    There are eight national securities exchanges that spend
approximately one half hour each complying with this rule, for an
aggregate total compliance burden of four hours per year. The staff
estimates that the average cost per respondent is $57.68 per year,
calculated as the costs of copying ($12.36) plus storage ($45.32),
resulting in a total cost of compliance for the respondents of $461.44.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Direct your written comments to R. Corey Booth, Director/Chief
Information Officer, Securities and Exchange Commission, Station Place,
100 F Street, NE., Washington, DC 20549.

    Dated: December 1, 2005.
Jonathan G. Katz,
Secretary.
[FR Doc. E5-7114 Filed 12-8-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53923-53925]
[FR Doc No: 2018-23277]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84454; File No. SR-NASDAQ-2018-068]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Order
Approving Proposed Rule Change, as Modified by Amendment No. 1, To
Extend the Cutoff Times for Accepting on Close Orders Entered for
Participation in the Nasdaq Closing Cross and To Make Related Changes

October 19, 2018.

I. Introduction

    On August 15, 2018, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to extend the cutoff times for accepting on close
orders entered for participation in the Nasdaq Closing Cross and to
make related changes. The proposed rule change was published for
comment in the Federal Register on September 5, 2018.\3\ On October 15,
2018, the Exchange filed Amendment No. 1 to the proposed rule change,
which amended and superseded the original filing in its entirety.\4\
The Commission has received no comments on the proposed rule change.
This order approves the proposed rule change, as modified by Amendment
No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 83988 (August 29,
2018), 83 FR 45165.
    \4\ In Amendment No. 1, the Exchange: (1) Proposed conforming
changes to Nasdaq Rule 7018(a)(3) to reflect the proposed cutoff
times and provided additional discussion regarding the proposed
changes to Nasdaq Rule 7018(a); (2) proposed to implement the
proposal in Q4 2018; and (3) made other technical changes. Because
Amendment No. 1 does not materially alter the substance of the
proposed rule change or raise unique or novel regulatory issues,
Amendment No. 1 is not subject to notice and comment. Amendment No.
1 is available at https://www.sec.gov/comments/sr-nasdaq-2018-068/srnasdaq2018068-4523622-176030.pdf.
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II. Description of the Proposed Rule Change, as Modified by Amendment
No. 1 5
---------------------------------------------------------------------------

    \5\ For a more detailed description of the proposal, see
Amendment No. 1, supra note 4.
---------------------------------------------------------------------------

    The Exchange proposes to amend certain cutoff times for on close
orders entered for participation in the Nasdaq Closing Cross, to reject
Closing Cross/Extended Hours Orders \6\ that have been assigned a
Pegging Attribute \7\ regardless of when such orders are entered, and
to make changes to the Order Imbalance Indicator.
---------------------------------------------------------------------------

    \6\ See infra note 18.
    \7\ See infra note 19.
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A. Nasdaq Closing Cross Cutoff Times

    Nasdaq Rule 4702(b)(11) currently provides that Market On Close
(``MOC'') Orders \8\ may be entered, cancelled, and/or modified between
4 a.m. ET and immediately prior to 3:50 p.m. ET. MOC Orders entered
after 3:50 p.m. ET are rejected. Between 3:50 p.m. ET and immediately
prior to 3:55 p.m. ET, MOC Orders can be cancelled and/or modified only
if the participant requests that Nasdaq correct a legitimate error in
the order (e.g., side, size, symbol, price, or duplication of an
order). MOC orders cannot be cancelled or modified for any reason at or
after 3:55 p.m. ET.
---------------------------------------------------------------------------

    \8\ A MOC Order is an order type entered without a price that
may be executed only during the Nasdaq Closing Cross. See Nasdaq
Rule 4702(b)(11)(A).
---------------------------------------------------------------------------

    Nasdaq Rule 4702(b)(12) currently provides that Limit On Close
(``LOC'') Orders \9\ may be entered, cancelled, and/or modified between
4 a.m. ET and immediately prior to 3:50 p.m. ET. LOC Orders may be
entered between 3:50 p.m. ET and immediately prior to 3:55 p.m. ET
provided that there is a First Reference Price.\10\ LOC Orders entered
at or after 3:55 p.m. ET are rejected.\11\ Between 3:50 p.m. ET and
immediately prior to 3:55 p.m. ET, LOC orders cannot be modified, and
they can be cancelled only if the participant requests that Nasdaq
correct a legitimate error in the order.
---------------------------------------------------------------------------

    \9\ A LOC Order is an order type entered with a price that may
be executed only in the Nasdaq Closing Cross, and only if the price
determined by the Nasdaq Closing Cross is equal to or better than
the price at which the LOC Order was entered. See Nasdaq Rule
4702(b)(12)(A).
    \10\ A LOC Order entered between 3:50 p.m. ET and immediately
prior to 3:55 p.m. ET is accepted at its limit price, unless its
limit price is higher (lower) than the First Reference Price for a
LOC Order to buy (sell), in which case the participant has the
choice to have the order rejected or re-priced to the First
Reference Price. The First Reference Price is the Current Reference
Price in the first Order Imbalance Indicator disseminated at or
after 3:50 p.m. ET. See Nasdaq Rule 4754(a)(9).
    \11\ Nasdaq Rule 4702(b)(12)(B) provides that a Closing Cross/
Extended Hours Order entered through OUCH, FLITE, RASH, or FIX with
a time-in-force other than immediate-or-cancel after the time of the
Nasdaq Closing Cross will be accepted but the Nasdaq Closing Cross
flag will be ignored. All other Closing Cross/Extended Hours Orders
entered at or after 3:55 p.m. ET are rejected.
---------------------------------------------------------------------------

    Nasdaq Rule 4702(b)(13) currently provides that Imbalance Only
(``IO'') Orders \12\ may be entered between 4:00 a.m. ET until the time
of execution of the Nasdaq Closing Cross.\13\ IO Orders may be
cancelled and/or modified between 3:50 p.m. ET and immediately prior to
3:55 p.m. ET if the participant requests that Nasdaq correct a
legitimate error in the order. IO Orders may not be cancelled or
modified for any reason at or after 3:55 p.m. ET.
---------------------------------------------------------------------------

    \12\ An IO Order is an order entered with a price that may be
executed only in the Nasdaq Closing Cross and only against MOC
Orders or LOC Orders. See Nasdaq Rule 4702(b)(13)(A).
    \13\ The Nasdaq Closing Cross begins at 4:00:00 p.m. ET and
post-market hours trading commences when the Nasdaq Closing Cross
concludes. See Nasdaq Rule 4754(b).
---------------------------------------------------------------------------

    The Exchange now proposes to amend these cutoff times. As proposed,
Nasdaq Rule 4702(b)(11) would provide that MOC Orders may be entered,
cancelled, and/or modified between 4 a.m. ET and immediately prior to
3:55 p.m. ET. MOC Orders entered at or after 3:55 p.m. ET would be
rejected. Between 3:55 p.m. ET and immediately prior to 3:58 p.m. ET,
MOC Orders could be cancelled and/or modified only if the participant
requests that Nasdaq correct a legitimate error in the order. MOC
orders could not be cancelled or modified for any reason at or after
3:58 p.m. ET. As proposed, Nasdaq Rule 4702(b)(12) would provide that
LOC Orders may be entered, cancelled, and/or modified between 4 a.m. ET
and immediately prior to 3:55 p.m. ET. LOC Orders could be entered
between 3:55 p.m. ET and immediately prior to 3:58 p.m. ET provided
that there is a First Reference Price.\14\ LOC Orders entered at or
after 3:58 p.m. ET would be rejected.\15\ Between 3:55 p.m. ET and
immediately prior to 3:58 p.m. ET, LOC orders could not be modified,
and they could be cancelled only if the participant requests that
Nasdaq correct a legitimate error in the order. As proposed, Nasdaq
Rule 4702(b)(13) \16\ would provide that IO Orders may be cancelled
and/or modified between 3:55 p.m. ET and immediately prior to 3:58 p.m.
ET if the participant requests that Nasdaq correct a legitimate error
in the order. IO Orders could not be cancelled or modified for any
reason at or after 3:58 p.m. ET.
---------------------------------------------------------------------------

    \14\ As proposed, a LOC Order entered between 3:55 p.m. ET and
immediately prior to 3:58 p.m. ET would be accepted at its limit
price, unless its limit price is higher (lower) than the First
Reference Price for a LOC Order to buy (sell), in which case the
participant would have the choice to have the order rejected or re-
priced to the First Reference Price.
    \15\ Nasdaq Rule 4702(b)(12)(B) continues to provide that a
Closing Cross/Extended Hours Order entered through OUCH, FLITE,
RASH, or FIX with a time-in-force other than immediate-or-cancel
after the time of the Nasdaq Closing Cross will be accepted but the
Nasdaq Closing Cross flag will be ignored. As proposed, all other
Closing Cross/Extended Hours Orders entered at or after 3:58 p.m. ET
would be rejected.
    \16\ Unchanged from the current rule, IO Orders may be entered
between 4:00 a.m. ET until the time of execution of the Nasdaq
Closing Cross.

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

    The Exchange also proposes to make conforming changes throughout
its rules to reflect the proposed cutoff times.\17\
---------------------------------------------------------------------------

    \17\ Specifically, the Exchange proposes to make conforming
changes to Nasdaq Rule 4754(b)(7)(B) and Nasdaq Rules 7018(a)(1),
(2), and (3) to reflect the proposed cutoff times.
---------------------------------------------------------------------------

B. Closing Cross/Extended Hours Order With Pegging Attribute

    Nasdaq Rule 4702(b)(12)(B) currently provides that a Closing Cross/
Extended Hours Order \18\ that is entered between 3:50 p.m. ET and the
time of the Nasdaq Closing Cross will be rejected if it has been
assigned a Pegging Attribute.\19\ The Exchange proposes to delete the
reference in this rule to the time period between 3:50 p.m. ET and the
time of the Nasdaq Closing Cross. Therefore, as proposed, a Closing
Cross/Extended Hours Order would be rejected if it has been assigned a
Pegging Attribute regardless of when the order is entered.
---------------------------------------------------------------------------

    \18\ A Closing Cross/Extended Hours Order is an order that is
flagged to participate in the Nasdaq Closing Cross and that has a
time-in-force that continues after the time of the Nasdaq Closing
Cross. See Nasdaq Rule 4702(b)(12)(B). A Closing Cross/Extended
Hours Order participates in the Nasdaq Closing Cross like a LOC
Order, and it operates thereafter in accordance with its order type
and order attributes (if not executed in full in the Nasdaq Closing
Cross). See id.
    \19\ Pegging is an order attribute that allows an order to have
its price automatically set with reference to the national best bid
or offer and is available only during Market Hours. See Nasdaq Rule
4703(d).
---------------------------------------------------------------------------

C. Order Imbalance Indicator

    Currently, Nasdaq Rule 4754(b)(1) provides that, beginning at 3:50
p.m., Nasdaq disseminates by electronic means an Order Imbalance
Indicator \20\ every five seconds until market close. The Exchange
proposes to begin disseminating the Order Imbalance Indicator for the
Nasdaq Closing Cross at 3:55 p.m. ET and to disseminate the Order
Imbalance Indicator every second.\21\ The Exchange also proposes to
disseminate the Order Imbalance Indicators for the Nasdaq Opening
Cross,\22\ the Nasdaq Halt Cross,\23\ and the LULD Closing Cross \24\
every second instead of every five seconds.
---------------------------------------------------------------------------

    \20\ The Order Imbalance Indicator for the Nasdaq Closing Cross
is a message disseminated by electronic means containing information
about MOC, LOC, IO, and Close Eligible Interest and the price at
which those orders would execute at the time of dissemination. See
Nasdaq Rule 4754(a)(7).
    \21\ Because the Exchange proposes to begin disseminating the
Order Imbalance Indicator for the Nasdaq Closing Cross at 3:55 p.m.
ET, the Exchange also proposes to amend the definition of First
Reference Price to mean the Current Reference Price in the first
Order Imbalance Indicator disseminated at or after 3:55 p.m. ET. See
proposed Nasdaq Rule 4754(a)(9).
    \22\ See proposed Nasdaq Rule 4752(d)(1).
    \23\ See proposed Nasdaq Rule 4753(b)(1).
    \24\ See proposed Nasdaq Rule 4754(b)(6)(B).
---------------------------------------------------------------------------

    The Exchange proposes to implement the proposed changes in Q4 2018,
and will announce the implementation date in an Equity Trader Alert
issued to participants prior to implementing the changes.

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1, is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\25\ In particular, the
Commission finds that the proposed rule change is consistent with
Section 6(b)(5) of the Act,\26\ which requires, among other things,
that the rules of a national securities exchange be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \25\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \26\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    As discussed above, the Exchange proposes to extend the cutoff
times for entering MOC and LOC Orders, for modifying and cancelling
MOC, LOC, and IO Orders, for modifying MOC and IO Orders to correct
legitimate errors, and for cancelling MOC, LOC, and IO Orders to
correct legitimate errors.\27\ The Commission believes that extending
these cutoff times would allow Exchange participants to retain
flexibility with respect to entering, modifying, and cancelling their
on close orders until a later time, while still providing time for
Exchange participants to react to and resolve imbalances in the Nasdaq
Closing Cross.\28\ As a result, the Commission believes that the
proposal could encourage participation in the Nasdaq Closing Cross by
market participants who are unwilling to give up flexibility and
control over their on close orders starting at 3:50 p.m. ET.\29\
---------------------------------------------------------------------------

    \27\ See supra Section II.A.
    \28\ The Commission also notes that the proposal would continue
to provide a brief period of additional time after 3:55 p.m. ET for
Exchange participants to submit LOC Orders provided that there is a
First Reference Price, and to correct legitimate errors in their on
close orders.
    \29\ The Commission notes that Cboe BZX Exchange Inc. (``BZX'')
has a 3:55 p.m. cutoff time for entering market-on-close and limit-
on-close orders, and that BZX accepts late-limit-on-close orders
between 3:55 p.m. and 4:00 p.m. See BZX Rule 11.23(c)(1)(A). The
Commission also notes that NYSE Arca, Inc. (``NYSE Arca'') initiates
its closing auction imbalance freeze for market-on-close and limit-
on-close orders one minute before the scheduled time for the closing
auction. See NYSE Arca Rule 7.35-E(d)(2).
---------------------------------------------------------------------------

    As discussed above, the Exchange also proposes to amend its rules
to provide that a Closing Cross/Extended Hours Order would be rejected
if it has been assigned a Pegging Attribute (i.e., regardless of the
time the order is entered).\30\ The Commission notes that Pegging
Attributes are available only during Market Hours \31\ and Closing
Cross/Extended Hours Orders only operate outside of Market Hours.\32\
The Commission believes that the proposal would reflect the current
operation of the Pegging Attribute and Closing Cross/Extended Hours
Orders.
---------------------------------------------------------------------------

    \30\ See supra Section II.B.
    \31\ See supra note 19 and Nasdaq Rule 4703(d).
    \32\ See supra note 18 and Nasdaq Rule 4702(b)(12)(B).
---------------------------------------------------------------------------

    In addition, as discussed above, the Exchange proposes to
disseminate the Order Imbalance Indicator for the Nasdaq Closing Cross
beginning at 3:55 p.m. ET instead of 3:50 p.m. ET, and to disseminate
the Order Imbalance Indicators for the Nasdaq Opening Cross, Nasdaq
Halt Cross, Nasdaq Closing Cross, and LULD Closing Cross every second
instead of every five seconds.\33\ The Commission notes that because
Exchange participants would have more flexibility to enter, modify, and
cancel on close orders before 3:55 p.m. ET than after,\34\ the proposal
would permit the Exchange to start disseminating the Order Imbalance
Indicator for the Nasdaq Closing Cross when on close interest is
relatively locked in.\35\ The Commission also believes that
disseminating the Order Imbalance Indicators every second would provide
a timelier and more frequent view of the market before a cross.\36\
---------------------------------------------------------------------------

    \33\ See supra Section II.C.
    \34\ See supra Section II.A.
    \35\ The Commission notes that, currently, the Exchange also
begins disseminating the Order Imbalance Indicator for the Nasdaq
Closing Cross when on close interest is relatively locked in (i.e.,
at 3:50 p.m. ET).
    \36\ The Commission notes that NYSE Arca updates its auction
imbalance information at least every second, unless there is no
change to the information. See NYSE Arca Rule 7.35-E(a)(4)(A).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\37\ that the proposed rule change (SR-NASDAQ-

2018-068), as modified by Amendment No. 1, be, and hereby is, approved.
---------------------------------------------------------------------------

    \37\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\38\
---------------------------------------------------------------------------

    \38\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-23277 Filed 10-24-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Proposed Rules]
[Pages 69893-69894]
[FR Doc No: 2023-22325]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1614; Airspace Docket No. 23-ASW-14]
RIN 2120-AA66

Establishment of Class E Airspace; Lajitas, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at Lajitas,
TX. The FAA is proposing this action to support new instrument
procedures at this airport.

DATES: Comments must be received on or before November 24, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-1614 and
Airspace Docket No. 23-ASW-14 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instruction for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Raul Garza Jr., Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish Class E airspace extending upward from 700 feet
above the surface at Lajitas International Airport, Lajitas, TX, to
support instrument flight rule (IFR) operations at this airport.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental,

and energy-related aspects of the proposal. The most helpful comments
reference a specific portion of the proposal, explain the reason for
any recommended change, and include supporting data. To ensure the
docket does not contain duplicate comments, commenters should submit
only one time if comments are filed electronically, or commenters
should send only one copy of written comments if comments are filed in
writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it received on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or dely. The FAA may change this proposal in light of
the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT post these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov as described in the system
of records notice (DOT/ALL-14FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the Federal Aviation Administration, Air
Traffic Organization, Central Service Center, Operations Support Group,
10101 Hillwood Parkway, Fort Worth, TX 76177.

Incorporation by Reference

    Class E airspace is published in paragraph 6005 of FAA Order JO
7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document proposes to amend the current version of that order, FAA Order
JO 7400.11H, dated August 11, 2023, and effective September 15, 2023.
These updates would be published subsequently in the next update to FAA
Order JO 7400.11. That order is publicly available as listed in the
ADDRESSES section of this document.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Proposal

    The FAA is proposing to amend 14 CFR part 71 by:
    Establishing Class E airspace extending upward from 700 feet above
the surface within a 3.4-mile radius of Lajitas International Airport,
Lajitas, TX.
    This action is to support new instrument procedures and IFR
operations at this airport.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:

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

* * * * *

ASW TX E5 Lajitas, TX [Establish]

Lajitas International Airport, TX
    (Lat. 29[deg]16'38'' N, long 103[deg]41'09'' W)

    That airspace extending upward from 700 feet above the surface
within a 3.4-mile radius of the airport beginning at the 226[deg]
bearing clockwise to the 123[deg] bearing, thence to the point of
beginning, within 2 miles north and south of the airport's 076[deg]
bearing extending to 10.2 miles east, and within 2.2 miles north and
2.1 miles south of the airport's 265[deg] bearing extending to 7.8
miles west, excluding that airspace within Mexico and the sensitive
bird nesting area south and east of the airport.
* * * * *

    Issued in Fort Worth, Texas, on October 2, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-22325 Filed 10-6-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 29, 2008 (Volume 73, Number 104)]
[Notices]
[Page 30986-30987]
[DOCID:fr29my08-131]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of: e.Spire Communications, Inc., Empire of
Carolina, Inc., Genfinity Corp. GSI Securitization Ltd. (n/k/a GSI
Securitization, Inc.), Interliant, Inc. (n/k/a I Successor Corp.),
Namibian Minerals Corp., Nix Co., Ltd. (n/k/a Global Energy Resources,
Inc.) Number Nine Visual Technology Corp. (n/k/a International Precious
Minerals Group, Inc.) NVID International, Inc., Oncor, Inc., and USCI,
Inc.; Order of Suspension of Trading

May 27, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
e.Spire Communications, Inc., including but not limited to its debt
securities, because it

has not filed any periodic reports since the period ended September 30,
2001.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Empire of Carolina, Inc. because it has not filed any periodic reports
since the period ended September 30, 2000.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Genfinity Corp. because it has not filed any periodic reports since the
period ended December 31, 2000.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
GSI Securitization Ltd. (n/k/a GSI Securitization, Inc.) because it has
not filed any periodic reports since the period ended September 30,
2003.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Interliant, Inc. (n/k/a I Successor Corp.) because it has not filed any
periodic reports since the period ended December 31, 2002.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Namibian Minerals Corp. because it has not filed any periodic reports
since the period ended March 31, 2001.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Nix Co., Ltd. (n/k/a Global Energy Resources, Inc.) because it has not
filed any periodic reports since the period ended December 31, 1999.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Number Nine Visual Technology Corp. (n/k/a International Precious
Minerals Group, Inc.) because it has not filed any periodic reports
since the period ended October 2, 1999.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
NVID International, Inc. because it has not filed any periodic reports
since the period ended June 30, 2001.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Oncor, Inc. because it has not filed any periodic reports since the
period ended June 30, 1999.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
USCI, Inc. because it has not filed any periodic reports since the
period ended June 30, 2001.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies, including but not limited to the debt
securities of e.Spire Communications, Inc., is suspended for the period
from 9:30 a.m. EDT on May 27, 2008, through 11:59 p.m. EDT on June 9,
2008.

    By the Commission.
Florence Harmon,
Acting Secretary.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 08-1307 Filed 5-27-08; 11:37 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28218-28219]
[FR Doc No: 2018-12945]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1744-041]

Notice of Application Tendered for Filing With the Commission;
PacifiCorp

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Major Constructed Project.
    b. Project No.: 1744-041.
    c. Date filed: May 30, 2018.
    d. Applicant: PacifiCorp.
    e. Name of Project: Weber Hydroelectric Project.
    f. Location: On the Weber River, in Weber, Davis, and Morgan
Counties, Utah. The project occupies 14.94 acres of United States lands
administered by the U.S. Forest Service.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Eve Davies, PacifiCorp--Renewable Resources,
1407 West North Temple, Suite 210, Salt Lake City, UT 84116; (801) 220-
2245; [email protected]
    i. FERC Contact: Evan Williams at<PHONE_NUMBER>; or email at
[email protected].
    j. The application is not ready for environmental analysis at this
time.
    k. The existing Weber Project consists of: (1) A 114-foot-long, 27-
foot-high concrete diversion dam that includes a low-level outlet, a
35-foot-long intake structure, and a 79-foot-long section containing
two 29-foot-long, 10-foot-high radial gates; (2) a 3-foot by 18-foot
non-operative fish passage structure that is used to pass minimum flows
through a calibrated slide gate opening at the dam; (3) an 8.4-acre
reservoir having a total storage of approximately 42 acre-feet at
elevation 4,798 feet mean sea level; (4) a 9,107-foot-long, 5-foot to
6.3-foot-diameter steel penstock partially encased in concrete, and
buried for most of its length; (5) a powerhouse with one 3,850-kilowatt
generating unit; (6) a 36-foot-long, by 20-foot-wide, by 30-foot-deep
concrete tailrace structure, integrated into the powerhouse foundation,
which returns flows directly into the Weber River on the south side of
the powerhouse; (7) a 77-foot-long, 46-kilovolt transmission line; and
(8) appurtenant facilities. The project is estimated to generate an
average of 16,932 megawatt-hours annually. PacifiCorp proposes to build
a new fish passage structure at the edge of the existing diversion dam
in an area that currently has graded, unvegetated soil.
    l. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website at http://www.ferc.gov using the eLibrary link.
Enter the docket number excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    m. Procedural schedule: The application will be processed according
to the following preliminary Hydro Licensing Schedule. Revisions to the
schedule will be made as appropriate.

Issue Notice of Acceptance...............  June 2018.
Issue Notice Soliciting Final Terms and    August 2018.
 Conditions.

Commission issues EA.....................  March 2018.

    Dated: June 12, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-12945 Filed 6-15-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: January 23, 2008 (Volume 73, Number 15)]
[Proposed Rules]
[Page 3893-3894]
[DOCID:fr23ja08-16]

=======================================================================
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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1926

[Docket ID-OSHA-2007-0026]
RIN 1218-AB47

Confined Spaces in Construction

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of Proposed Rulemaking; extension of written comment
period.

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

SUMMARY: On November 28, 2007, OSHA published a Notice of Proposed
Rulemaking (NPRM) titled ``Confined Spaces in Construction.'' The
period for submitting written comments is being extended 30 days to
allow parties affected by the rule more time to review the proposed
rule and collect information and data necessary for comments.

DATES: Comments must be submitted (postmarked or sent) by February 28,
2008.

ADDRESSES: You may submit written comments, identified by Docket No.
OSHA-2007-0026, by any of the following methods:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal

eRulemaking Portal. Follow the instructions online for making
electronic submissions.
    Fax: If your comments, including attachments, do not exceed 10
pages, you may fax them to the OSHA Docket Office at<PHONE_NUMBER>.
    Mail, hand delivery, express mail, messenger or courier service:
You must submit three copies of your comments and attachments to the
OSHA Docket Office, Docket No. OSHA-2007-0026, U.S. Department of
Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone<PHONE_NUMBER> (OSHA's TTY number is<PHONE_NUMBER>).
Deliveries (hand, express mail, messenger and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m.-4:45 p.m., E.T.
    Instructions: All submissions must include the Agency name and the
docket number for this rulemaking (Docket No. OSHA-2007-0026). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
http://www.regulations.gov. Therefore, OSHA cautions you about

submitting personal information such as social security numbers and
birthdates. For further information on submitting comments, plus
additional information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
    Docket: To read or download comments and materials submitted in
response to this Federal Register notice, go to Docket No. OSHA-2007-
0026 at http://www.regulations.gov or at the OSHA Docket Office at the above address. All comments and submissions are listed in the http://

http://www.regulations.gov index; however, some information (e.g., copyrighted

material) is not publicly available to read or download through that
Web page. All comments and submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
    For information on accessing exhibits referenced in the Confined
Spaces in Construction proposal, see the ``Public Participation''
heading in the SUPPLEMENTARY INFORMATION section of this document.
    Electronic copies of this Federal Register document are available
at http://www.regulations.gov. Copies also are available from the OSHA

Office of Publications, Room N-3101, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
1888. This document, as well as news releases and other relevant
information, also are available at OSHA's Web page at http://www.osha.gov
.

FOR FURTHER INFORMATION CONTACT: General information and press
inquiries: Contact Mr. Kevin Ropp, Office of Communications, Room N-
3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone<PHONE_NUMBER>.
    Technical inquiries: Contact Mr. Garvin Branch, Directorate of
Construction, Room N-3468, OSHA, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2020 or fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Extension of Comment Period

    On November 28, 2007, at 72 FR 67351, OSHA published a Notice of
Proposed Rulemaking (NPRM) titled ``Confined Spaces in Construction.''
In this NPRM, OSHA announced a proposed rule for confined spaces in
construction; provided an explanation of the rule and its economic
analysis; and solicited comments from the public regarded various
confined-spaces issues. The period for submitting written comments was
to expire on January 28, 2008. However, the following associations have
requested a 60-day extension for submitting their written comments and
information: The National Association of Home Builders (NAHB), the
National Utility Contractors Association (NUCA), and the Associated
Builders and Contractors Association (ABC). The NAHB cites as reasons
for its request the complexity of the rule and its need for additional
time to enable them to consult with their members. The ABC cites these
reasons and notes that the comment period coincided with the holiday
season, which made it more difficult for ABC to survey its members on
the NPRM.
    OSHA believes that a 30-day extension will be sufficient to
accommodate these considerations, facilitate the submission of more
thorough reviews, and provide OSHA with a complete record for this

proposed rule. Accordingly, the comment period has been extended by 30
days and written comments must now be submitted (sent or postmarked) by
February 28, 2008.

II. Submission of Comments and Access to Comments

    You may submit comments in response to this document (1)
electronically at http://www.regulations.gov, which is the Federal

eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments and other material must identify the Agency name
and the OSHA docket number for this rulemaking (Docket No. OSHA-2007-
0026). You may supplement electronic submissions by uploading document
files electronically. If, instead, you wish to mail additional
materials in reference to an electronic or fax submission, you must
submit three copies to the OSHA Docket Office (see ADDRESSES section).
The additional materials must clearly identify your electronic comments
by name, date, and docket number so OSHA can attach them to your
comments.
    Because of security-related procedures, the use of regular mail may
cause a significant delay in the receipt of comments. For information
about security procedures concerning the delivery of materials by hand,
express delivery, messenger or courier service, please contact the OSHA
Docket Office (see ADDRESSES section).
    Comments and submissions in response to this Federal Register
notice are posted without change at http://www.regulations.gov (Docket

No. OSHA-2007-0026). Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth.
    Although all submissions in response to this Federal Register
notice and all supporting materials cited in the Confined Spaces in
Construction proposal are listed in the http://www.regulations.gov and

http://dockets.osha.gov indexes, some information (e.g., copyrighted

material) is not publicly available to read or download from that Web
page. All submissions and supporting materials, including copyrighted
material, are available for inspection and copying at the OSHA Docket
Office.
    Information on using the http://www.regulations.gov Web page to

submit comments is available at the Web page's User Tips link. Contact
the OSHA Docket Office for information about materials not available
through the Web pages and for assistance in using the Internet to
locate docket submissions.
    Electronic copies of this Federal Register document are available
at http://www.regulations.gov. This document, as well as news releases

and other relevant information, also are available at OSHA's Web page
at http://www.osha.gov.

Authority and Signature

    This document was prepared under the authority of Edwin G. Foulke,
Jr., Assistant Secretary of Labor for Occupational Safety and Health,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210, pursuant to Sections 4, 6, and 8 of the OSH Act of 1970 (29
U.S.C. 653, 655, 657), Secretary of Labor's Order 5-2007 (72 FR 31159),
and 29 CFR part 1911.

    Signed at Washington, DC this 17th day of January, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E8-1081 Filed 1-22-08; 8:45 am]

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