[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64117-64119]
[FR Doc No: 2022-22853]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-38, OMB Control No. 3235-0045]

Proposed Collection; Comment Request; Extension: Rule 19b-4 and
Form 19b-4

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 19b-4 (17 CFR 240.19b-
4), under the Securities Exchange Act of 1934 (``Act'') (15 U.S.C. 78a
et seq.). The Commission plans to submit this existing collection of
information to the Office of Management and Budget (``OMB'') for
extension and approval.
    Section 19(b) of the Act (15 U.S.C. 78s(b)) requires each self-
regulatory organization (``SRO'') to file with the Commission copies of
any proposed rule, or any proposed change in, addition to, or deletion
from the rules of such SRO. Rule 19b-4 implements the requirements of
Section 19(b) by requiring the SROs to file their proposed rule changes
on Form 19b-4 and by clarifying which actions taken by SROs are subject
to the filing requirement set forth in Section 19(b). Rule 19b-4(n)
requires a designated clearing agency to provide the Commission advance
notice (``Advance Notice'') of any proposed change to its rules,
procedures, or operations that could materially affect the nature or
level of risks presented by such clearing agency. Rule 19b-4(o)
requires a registered clearing agency to submit for a Commission
determination any security-based swap, or any group, category, type, or
class of security-based swaps it plans to accept for clearing
(``Security-Based Swap Submission''), and provide notice to its members
of such submissions.
    The collection of information is designed to provide the Commission
with the information necessary to determine, as required by the Act,
whether the proposed rule change is consistent with the Act and the
rules thereunder. The information is used to determine if the proposed
rule change should be approved, disapproved, suspended, or if
proceedings should be instituted to determine whether to approve or
disapprove the proposed rule change.
    The respondents to the collection of information are SROs (as
defined by Section 3(a)(26) of the Act),\1\ including national
securities exchanges, national securities associations, registered
clearing agencies, notice registered securities future product
exchanges, and the Municipal Securities Rulemaking Board.
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    \1\ 15 U.S.C. 78c(a)(26).
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    In calendar year 2021, each respondent filed an average of
approximately 34 proposed rule changes. Each filing takes approximately
32 hours to complete on average. Thus, the total annual reporting
burden for filing proposed rule changes with the Commission is 50,048
hours (34 proposals per year x 46 SROs x 32 hours per filing) for the
estimated future number of 46 SROs.\2\ In addition to filing their
proposed rule changes with the Commission, the respondents also are
required to post each of their proposals on their respective websites,
a process that takes approximately four hours to complete per proposal.
Thus, the total annual reporting burden on respondents to post the
proposals on their websites is 6,256 hours (34 proposals per year x 46
SROs x 4 hours per filing) for the estimated future number of 46 SROs.
Further, the respondents are required to update their rulebooks, which
they maintain on their websites, to reflect the changes that they

make in each proposal they file. The total annual reporting burden for
updating online rulebooks is 4,996 hours ((1,564 filings per year-293
withdrawn filings \3\-22 disapproved filings \4\) x 4 hours). Finally,
a respondent is required to notify the Commission if it does not post a
proposed rule change on its website on the same day that it filed the
proposal with the Commission. The Commission estimates that SROs will
fail to post proposed rule changes on their websites on the same day as
the filing 16 times a year (across all SROs), and that each SRO will
spend approximately one hour preparing and submitting such notice to
the Commission, resulting in a total annual burden of 16 hours (16
notices x 1 hour per notice).
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    \2\ Currently, there are 43 SROs, though not all of those SROs
filed a proposed rule change in 2021. The Commission expects three
additional respondents to register during the three-year period for
which this Paperwork Reduction Act extension is applicable (one as a
registered clearing agency and two as national securities
exchanges), bringing the total number of respondents to 46.
    \3\ For 43 SROs, 274 withdrawn filings equal approximately 6.37
filings per SRO. For 46 SROs, the figure would increase to 293
withdrawn filings.
    \4\ For 43 SROs, 20 disapproved filings equal approximately 0.47
filings per SRO. For 46 SROs, the figure would increase to 22
disapproved filings.
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    Designated clearing agencies have additional information collection
burdens. As noted above, pursuant to Rule 19b-4(n), a designated
clearing agency must file with the Commission an Advance Notice of any
proposed change to its rules, procedures, or operations that could
materially affect the nature or level of risks presented by such
designated clearing agency. The Commission estimates, based on
historical rulemaking data that each designated clearing agency
submitting Advance Notices will each submit two Advance Notices per
year, with each submission taking 90 hours to complete. The total
annual reporting burden for filing Advance Notices is therefore 900
hours (5 designated clearing agencies x 2 Advance Notices per year x 90
hours per response).
    Designated clearing agencies are required to post all Advance
Notices to their websites, each of which takes approximately four hours
to complete. For five Advance Notices, the total annual reporting
burden for posting them to respondents' websites is 40 hours (5
designated clearing agencies x 2 Advance Notices per year x 4 hours per
website posting). Respondents are required to update the postings of
those Advance Notices that become effective, each of which takes
approximately four hours to complete. The total annual reporting burden
for updating Advance Notices on the respondents' websites is 40 hours
(5 designated clearing agencies x 2 Advance Notices per year x 4 hours
per website posting).
    Pursuant to Rule 19b-4(n)(5), the respondents are also required to
provide copies of all materials submitted to the Commission relating to
an Advance Notice to the Board of Governors of the Federal Reserve
System (``Board'') contemporaneously with such submission to the
Commission, which is estimated to take two hours. The total annual
reporting burden for designated clearing agencies to meet this
requirement is 20 hours (5 designated clearing agencies x 2 Advance
Notices per year x 2 hours per response).
    The Commission estimates that three security-based swap clearing
agencies will each submit 20 Security-Based Swap Submissions per year,
with each submission taking 140 hours to complete resulting in a total
annual reporting burden of 5,880 hours (3 respondent clearing agencies
x 14 Security-Based Swap Submissions per year x 140 hours per
response). Respondent clearing agencies are required to post all
Security-Based Swap Submissions to their websites, each of which takes
approximately four hours to complete. For 14 Security-Based Swap
Submissions, the total annual reporting burden for posting them to the
three respondents' websites is 168 hours (3 respondent clearing
agencies x 14 Security-Based Swap Submissions per year x 4 hours per
website posting). In addition, three clearing agencies that have not
previously posted Security-Based Swap Submissions on their websites may
need to update their existing websites to post such filings online. The
Commission estimates that each of these three clearing agencies would
spend approximately 15 hours updating their existing websites,
resulting in a total one-time burden of 45 hours (3 respondent clearing
agencies x 15 hours per website update) or 15 hours annualized over
three years.
    Respondent SROs will also have to provide training to staff members
using the Electronic Form 19b-4 Filing System (``EFFS'') to submit
Security-Based Swap Submissions, Advance Notices, and/or proposed rule
changes electronically. The Commission estimates that two anticipated
national securities exchanges and one anticipated clearing agency will
spend approximately 60 hours training all staff members who will use
EFFS to submit Security-Based Swap Submissions, Advance Notices, and/or
proposed rule changes electronically, or 20 hours annualized over three
years. The Commission also estimates that these newly-registered and
anticipated SROs will have a one-time burden of 390 hours to draft and
implement internal policies and procedures for using EFFS to make these
submissions, or 130 hours annualized over three years. The Commission
estimates that each of the 46 respondents will spend 10 hours each year
training new compliance staff members and updating the training of
existing compliance staff members to use EFFS, for a total annual
burden of 460 hours (46 respondent SROs x 10 hours).
    In connection with Security-Based Swap Submissions, counterparties
may apply for a stay from a mandatory clearing requirement under Rule
3Ca-1. The Commission estimates that each clearing agency will submit
five applications for stays from a clearing requirement per year and it
will take approximately 18 hours to retrieve, review, and submit each
application. Thus, the total annual reporting burden for the Rule 3Ca-1
stay of clearing requirement would be 270 hours (3 respondent clearing
agencies x 5 stay of clearing applications per year x 18 hours to
retrieve, review, and submit the stay of clearing information).
    Based on the above, the total estimated annual response burden
pursuant to Rule 19b-4 and Form 19b-4 is the sum of the total annual
reporting burdens for filing proposed rule changes, Advance Notices,
and Security-Based Swap Submissions; training staff to file such
proposals; drafting, modifying, and implementing internal policies and
procedures for filing such proposals; posting each proposal on the
respondents' websites; updating websites to enable posting of
proposals; updating the respondents' online rulebooks to reflect the
proposals that became effective; submitting copies of Advance Notices
to the Board; and applying for stays from clearing requirements, which
is 69,259 hours.
    Compliance with Rule 19b-4 is mandatory. Information received in
response to Rule 19b-4 shall not be kept confidential; the information
collected is public information.
    Written comments are invited on: (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
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 by December 20, 2022.

    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Director/
Chief Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549, or send an email to:
[email protected].

    Dated: October 17, 2022.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-22853 Filed 10-20-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Proposed Rules]
[Pages 29019-29021]
[FR Doc No: 2017-13357]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0623; Directorate Identifier 2017-NM-024-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Defense and Space S.A. (Formerly
Known as Construcciones Aeronauticas, S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Defense and Space S.A Model C-212-CB, C-212-CC, C-212-CD, C-212-
CE, and C-212-DF airplanes. This proposed AD was prompted by reports of
failures of the rudder pedal control system support. This proposed AD
would require modifying the rudder pedal adjustment system. We are
proposing this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by August 11, 2017.

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 http://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, Airbus Defense and
Space Services/Engineering Support, Avenida de Arag[oacute]n 404, 28022
Madrid, Spain; telephone +34 91 585 55 84; fax +34 91 585 31 27; email
<EMAIL_ADDRESS>You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0623; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2017-0623;
Directorate Identifier 2017-NM-024-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2017-0036, dated February 21, 2017 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Defense
and Space S.A Model C-212-CB, C-212-CC, C-212-CD, C-212-CE, and C-212-
DF airplanes. The MCAI states:

    Failures were reported of the pedal control system support of
CASA C-212 aeroplanes. Subsequent investigation revealed that the
welding area of the affected support structure had broken.
    This condition, if not corrected, could lead to failure of the
rudder control system, possibly resulting in reduced control of the
aeroplane.

    To address this potential unsafe condition, EADS-CASA issued
Service Bulletin (SB) SB-212-27-0057 to provide modification
instructions.
    For the reasons described above, this [EASA] AD requires
modification of the rudder pedal adjustment system.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0623.

Related Service Information Under 1 CFR Part 51

    We reviewed EADS CASA Service Bulletin SB-212-27-0057, dated May
21, 2014. This service information provides instructions for modifying
the rudder pedal adjustment system. 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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    We estimate that this proposed AD affects 42 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modification.......................  9 work-hours x $85 per hour          $5,683          $6,448        $270,816
                                      = $765.
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Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Airbus Defense and Space S.A. (Formerly Known as Construcciones
Aeronauticas, S.A.): Docket No. FAA-2017-0623; Directorate
Identifier 2017-NM-024-AD.

(a) Comments Due Date

    We must receive comments by August 11, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Defense and Space S.A Model C-212-
CB, C-212-CC, C-212-CD, C-212-CE, and C-212-DF airplanes,
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by reports of failures of the rudder pedal
control system support and a determination that the welding area of
the affected support structure had broken. We are issuing this AD to
prevent failure of the rudder control system, which could result in
reduced controllability of the airplane.

(f) Compliance

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

(g) Modification

    Within 12 months after the effective date of this AD: Modify the
rudder pedal adjustment system, in accordance with the
Accomplishment Instructions of EADS CASA Service Bulletin SB-212-27-
0057, dated May 21, 2014.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
International Branch, send it to the attention of the person
identified in paragraph (i)(2) of this AD. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal

inspector, the manager of the local flight standards district
office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or EADS CASA's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2017-0036, dated February 21,
2017, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0623.
    (2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact
Airbus Defense and Space Services/Engineering Support, Avenida de
Arag[oacute]n 404, 28022 Madrid, Spain; telephone +34 91 585 55 84;
fax +34 91 585 31 27; email<EMAIL_ADDRESS>You may
view this service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on June 19, 2017.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-13357 Filed 6-26-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 62 (Tuesday, March 31, 2020)]
[Notices]
[Pages 17923-17925]
[FR Doc No: 2020-06611]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88467; File No. SR-DTC-2020-006]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend the DTC Operational Arrangements With Respect to Notices
Submitted to DTC for Posting to LENS

March 25, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 18, 2020, The Depository Trust Company (``DTC'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II and III below, which Items have
been prepared by the clearing agency. DTC filed the proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(1) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change \5\ consists of modifications to the DTC
Operational Arrangements (Necessary for Securities to Become and Remain
Eligible for DTC Services) (``OA'') \6\ in order to make clarifying
changes to DTC's Procedures \7\ relating to notices posted to the Legal
Notice System (``LENS''),\8\ as described below.
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    \5\ Capitalized terms not otherwise defined in this rule filing
are defined as set forth in the Rules, By-Laws and Organization
Certificate of DTC (the ``Rules''), available at http://www.dtcc.com/legal/rules-and-procedures.aspx, the Deposits Service
Guide (``Deposits Guide''), available at http://www.dtcc.com/~/
media/Files/Downloads/legal/service-guides/Deposits.pdf and the
Custody Service Guide (``Custody Guide''), available at http://
www.dtcc.com/~/media/Files/Downloads/legal/service-guides/
Custody.pdf.
    \6\ Available at http://www.dtcc.com/~/media/Files/Downloads/
legal/issue-eligibility/eligibility/operational-arrangements.pdf.
    \7\ Pursuant to the Rules, the term ``Procedures'' means the
Procedures, service guides, and regulations of DTC adopted pursuant
to Rule 27, as amended from time to time. See Rule 1, Section 1,
supra note 5.
    \8\ As the registered holder of Securities Deposited at DTC and/
or as appropriate qualified registered securities depository, infra
note 5, DTC receives notices to holders of the Securities.
Participants may view these notices to holders via LENS, a secure
interface offered by DTC. The Commission issued an order approving
LENS on June 12, 1991. See Securities Exchange Act Release No. 29291
(June 12, 1991), 56 FR 28190 (June 19, 1991) (File No. SR-DTC-91-
08). (``LENS Approval Order''). LENS was originally accessible
through the DTC Participant Terminal System (``PTS''). Id. DTC
subsequently implemented a web-based LENS interface. See Securities
Exchange Act Release No. 43964 (February 14, 2001), 66 FR 11190
(February 22, 2001) (SR-DTC-00-18). The LENS PTS function was
retired effective August 27, 2010, and Participants may access LENS
via the web-based functionality mentioned above. See Securities
Exchange Act Release No. 62686 (August 10, 2010), 75 FR 50032
(August 16, 2010) (SR-DTC-2010-10).
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, the clearing agency 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 clearing agency has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    The proposed rule change consists of modifications to the OA in
order to make clarifying changes to DTC's Procedures relating to
notices posted to LENS, as described below.
Background
    DTC receives notices to holders of Securities from various sources
that may not be Participants, or may be Participants acting in another
capacity, including those that may be issuers, transfer agents, and/or
other third parties, relating to Securities on Deposit at DTC. These
parties may have a legal or regulatory obligation or other interest to
distribute notices containing certain information to holders relating
to Securities. These parties deliver such notices to DTC because DTC is
the registered holder of the applicable Securities and/or the
appropriate qualified registered securities depository \9\ with respect
to an issue. DTC posts the notices it receives in this regard to LENS,
where they are available for viewing by a Participant, who may

share the notices with investors that may hold a beneficial interest in
an applicable Security on the books to the Participant.
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    \9\ 17 CFR 240.17Ad-16. Pursuant to Rule 17Ad-16, an
``appropriate qualified registered securities depository'' shall
mean the qualified registered securities depository that the
Commission so designates by order or, in the absence of such
designation, the qualified registered securities depository that is
the largest holder of record of all qualified registered securities
depositories as of the most recent record date. 17 CFR 240.17Ad-
16(f).
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    In 2019, DTC implemented changes \10\ to the text of the OA
relating to receipt and posting to LENS of notices of transfer agent
changes (``17Ad-16 Notice'') pursuant to Rule 17Ad-16 \11\ (``Rule
17Ad-16'') of the Act.\12\ Pursuant to the 17Ad-16 Notice Rule Filing,
DTC added a note to the sections relating to posting of 17Ad-16 Notices
and trustee notices (Section II(B)(4)(f) and Section II (B)(5),
respectively) to state that (1) DTC does not screen the 17Ad-16 Notices
for confidential information, and (2) it is the full and sole
responsibility of the transfer agent or trustee, as applicable,
submitting a 17Ad-16 Notice to ensure that the information contained in
the 17Ad-16 Notice is correct and does not include any information that
would otherwise be deemed as confidential or material non-public
information.
---------------------------------------------------------------------------

    \10\ See Securities and Exchange Act Release No. 34-86113 (June
14, 2019), 84 FR 28867 (June 20, 2019) (SR-DTC-2019-001) (``17Ad-16
Notice Rule Filing'').
    \11\ 17 CFR 240.17Ad-16.
    \12\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    Pursuant to the proposed rule change, DTC would make clarifying
changes to the OA to add similar notes, where applicable, with respect
to all notices received by DTC for posting to LENS, as described below.
DTC would also add text to clarify and update requirements for delivery
of certain notice types that DTC receives from transfer agents for
posting to LENS, as described below.
Proposed Rule Change
    Because DTC is not the issuer, and does not have any role with
respect to the creation or content, of notices sent to it for posting
to LENS, DTC believes it would be prudent to include provisions in the
OA relating to confidential information for all notices submitted to
DTC for posting to LENS that are like those added with respect to the
transfer agent notices submitted to DTC in accordance with the OA
provisions implemented pursuant to the 17Ad-16 Notice Rule Filing. In
this regard, pursuant to the proposed rule change, DTC would add text
to the OA, including in and new Section II.B.4.g. and existing Section
VI.E.1.b. with respect to information received for posting to LENS from
any party that is consistent with the text previously added to the OA
pursuant to the 17Ad-16 Notice Rule Filing, as described above. DTC
would also make other changes relating to LENS to the OA, including
clarifying and updating delivery requirements for LENS notices, as
described below.
New Section Relating to Posting of Certain Notices Sent by Transfer
Agents
    DTC would add a new Section II.B.4.g. to the OA to clarify delivery
requirements for notices delivered to DTC from transfer agents for
posting to LENS. The new section would be titled ``Other Notices
Delivered by Transfer Agents for Posting to LENS'' and sequentially
would follow the sections in the OA relating to requirements for the
delivery and posting of 17Ab-16 Notices to LENS.
    Pursuant to the OA, a copy of a 17Ab-16 Notice should be either (i)
printed and signed by the transfer agent on its company letterhead and
emailed in a Word document or portable document format to DTC's
Transfer Agent Services area at<EMAIL_ADDRESS>or (ii) may be
electronically signed and submitted using the link titled ``Notice of
Assumption or Termination of Transfer Agent Services Form 17Ab-16''
available at: http://dtcc.com/matching-settlement-and-asset-services/agent-services/dtc-eligible-agent. The latter delivery option is
dedicated solely to 17Ab-16 Notices. Therefore, DTC would add new
Section 11.B.4.g. to describe that other notices, separate from 17Ab-16
Notices, may also be sent to DTC from transfer agents for DTC's posting
to LENS, including, but not limited to, closing memoranda and new issue
memoranda,\13\ and state that such notices should be sent to
<EMAIL_ADDRESS>The proposed text for this new section would also
include (i) the email address<EMAIL_ADDRESS>described above
for inquiries regarding the status of LENS notices and (ii) a note
consistent with that set forth in the section regarding posting of
17Ab-16 Notices stating that ``DTC does not screen notices it receives
for posting to LENS for confidential information. It is the full and
sole responsibility of the transfer agent submitting a notice to ensure
that the information contained in the notice is correct and does not
include any information that would otherwise be deemed as confidential
or material non-public information.'' Like 17Ab-16 Notices, an address
for hard copy notices would not be provided. To provide additional
clarity with respect to the instructions for delivery of a LENS notice,
DTC would add a sentence to the section to state that ``Hard copy
notices will not be posted to LENS.''
---------------------------------------------------------------------------

    \13\ These types of notices provided to DTC for delivery to
Participants and securityholders through LENS provide details
relating to securities, including but not limited to details
relating to new issues and related to closings of those issues.
---------------------------------------------------------------------------

Section VI.E.1.b. (Legal Notices)
    Pursuant to the proposed rule change, to provide consistency with
the text in the OA relating to 17Ab-16 Notices and reflecting the
obligations of submitters of information as mentioned above, DTC would
add a note to Section VI (E)(1)(b) \14\ of the OA that describes the
Procedure for legal notices \15\ posted to LENS, to state that (1) DTC
does not screen legal notices for confidential information, and (2) it
is the full and sole responsibility of the issuer, transfer agent,
trustee, or other party, as applicable, submitting a legal notice, to
ensure that the information contained in the legal notice is correct
and does not include any information that would otherwise be deemed as
confidential or material non-public information.
---------------------------------------------------------------------------

    \14\ See OA, supra note 6 at 54.
    \15\ Legal notices posted to LENS include notices (including
notices to security holders) of bankruptcies, litigation/class
actions, and defaults. See also description of LENS, available at
http://www.dtcc.com/settlement-and-asset-services/issuer-services/legal-notice-system.
---------------------------------------------------------------------------

    DTC would also update this section as follows:
    (i) Text would be added to state that if hardcopy delivery is used
it is to be in addition to emailing the notices the section. This
additional text would provide clarification consistent with the
delivery requirements provided in the first paragraph of this section
which states that all legal notices shall be sent by email but also
provides a physical mailing address in the event the sender is required
by the governing document for the applicable security to make hardcopy
notification. The added text would also conform to similar included in
the section that immediately precedes it (Section VI.E.1.a.) (Consent
Notices) with respect to consent notices.
    (ii) DTC would eliminate an email address for delivery of notices
for posting to LENS such that a sender would only be required to send a
notice to a single email address, rather than two as currently stated
in this section. Currently, the OA states that notices should be sent
by email to<EMAIL_ADDRESS>and
<EMAIL_ADDRESS>In accordance with this
change the revised text would only include the former and the latter
would be removed. DTC believes that requiring delivery to a single
email address rather than two would simplify the process and add
efficiencies for DTC in that only one email address would need to be
monitored for receipt of the applicable notices.

    (iii) Text would be added to provide a contact email address for
inquiries regarding the status of any notice previously sent to DTC.
This address would be [email protected] DTC believes that providing
a contact email in the text of the OA in this section would provide
senders of notices with an enhanced ability to communicate with DTC
about the status of LENS posting requests sent by them to DTC.
Effective Date
    The proposed rule change would become effective upon filing with
the Commission.
2. Statutory Basis
    Section 17A(b)(3)(F) \16\ of the Act requires that the rules of the
clearing agency be designed, inter alia, to promote the prompt and
accurate clearance and settlement of securities transactions. DTC
believes the proposed rule change is consistent with this provision
because by making a clarifying change to the text within the Procedures
set forth in the OA to (i) add a note relating to responsibilities of
users with respect to accuracy and confidentiality considerations
relating to notices sent to DTC for posting to LENS, as described above
and (ii) adding text to clarify the delivery requirements of notices to
be posted to LENS, the proposed rule change would provide enhanced
transparency for users with respect to the Procedures relating to
submission and processing of notices that may be submitted by them, as
applicable, in accordance with the section of the OA mentioned above.
Therefore, by providing users with enhanced transparency with regard to
the Procedures relating to the submission of notices to LENS, and
therefore facilitating the prompt posting of notices and distribution
of information to Participants related to Securities held by the
Participants, and that may be the subject of transactions processed
through the DTC system, DTC believes that the proposed rule change
would promote the prompt and accurate clearance and settlement of
securities transactions consistent with the Act.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    DTC does not believe that the proposed rule change would have any
impact, or impose any burden, on competition. The proposed rule change
consists of clarifying changes that would add text to the OA that
clarifies DTC's policies with respect to notices received from third
parties for posting to LENS for view by Participants and would make
other clarifying changes and updates to delivery information for
notices, as described above. Therefore, the proposed rule change would
not create new rights or obligations for users of DTC's services and
would not impact, or impose any burden on, competition.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    Written comments relating to this proposed rule change have not
been solicited or received. DTC will notify the Commission of any
written comments received by DTC.

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 \17\ and paragraph (f) of Rule 19b-4
thereunder.\18\ 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.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b4(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-DTC-2020-006 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2020-006. 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 DTC and on DTCC's website
(http://dtcc.com/legal/sec-rule-filings.aspx). 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-DTC-2020-006 and should be submitted on
or before April 21, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-06611 Filed 3-30-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 9, 2009 (Volume 74, Number 25)]
[Notices]
[Page 6444-6447]
[DOCID:fr09fe09-72]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59345; File No. SR-NYSE-2009-10]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC
Amending NYSE Rules 116 and 123C To Create a Single Closing Print To Be
Reported to the Consolidated Tape for Each Security

February 3, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 30, 2009, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. NYSE filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \4\ and Rule 19b-4(f)(6) thereunder,\5\ which
renders it

effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend NYSE Rules 116 (``Stop'' Constitutes
Guarantee) and 123C (Market On The Close Policy And Expiration
Procedures) to create a single closing print to be reported to the
Consolidated Tape for each security.
    The text of the proposed rule change is available at http://
www.nyse.com, the Exchange, and the Commission's Public Reference Room.

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

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

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

1. Purpose
    Through this filing the Exchange seeks to amend NYSE Rules 116 and
123C to create a single closing print to be reported to the
Consolidated Tape for each security.
Current Reporting of Closing Transactions
    NYSE Rules 116.40 and 123C prescribe, inter alia, the procedures
for the execution of the entry of market at-the-close (``MOC'') and
limit at-the-close (``LOC'') orders \6\ and the determination of the
closing print(s) to be reported to the Consolidated Tape for each
security at the close of trading.
---------------------------------------------------------------------------

    \6\ In the NYSE Rules and for the purposes of this discussion,
the terms ``market-on-close'' and ``limit-on-close'' are used
interchangeably with ``market-at-the-close'' and ``limit-at-the-
close''.
---------------------------------------------------------------------------

    Pursuant to NYSE Rule 123C market participants may enter an MOC
order to have that order executed as part of the closing transaction at
the price of the close.\7\ Similar to a market order, an MOC order is
to be executed in its entirety at the closing price; however, if the
order is not executed as a result of a trading halt or because of its
terms (e.g., buy minus or sell plus), the MOC order is cancelled.\8\
---------------------------------------------------------------------------

    \7\ See NYSE Rule 123C(1).
    \8\ See Id.
---------------------------------------------------------------------------

    Market participants that seek to have their orders executed on the
close but are sensitive to price may, pursuant to NYSE Rule 123C, enter
LOC orders that will be eligible for execution in the closing
transaction, provided that the closing price is at or within the limit
specified.\9\ An LOC order is not guaranteed an execution in the
closing transaction; rather, only an LOC order with a limit price that
is better \10\ than the closing price in the subject security is
guaranteed an execution.\11\ An LOC order limited at the closing price
is sequenced with other LOC orders on the NYSE Display Book[supreg]
\12\ (``Display Book'') in time priority and will be available for
execution after all other orders on the Display Book at the closing
price are executed regardless of when such other orders are
received.\13\
---------------------------------------------------------------------------

    \9\ See NYSE Rule 123C(2).
    \10\ As used herein, better than the closing price means an
order that is lower than the bid in the case of an order to sell or
higher than the offer in the case of an order to buy.
    \11\ It should be noted that orders are cancelled if there is a
trading halt in the security that is not lifted prior to the close
of trading.
    \12\ The Display Book system is an order management and
execution facility. The Display Book system receives and displays
orders to the DMM, contains the Book, and provides a mechanism to
execute and report transactions and publish results to the
Consolidated Tape. The Display Book system is connected to a number
of other Exchange systems for the purposes of comparison,
surveillance, and reporting information to customers and other
market data and national market systems.
    \13\ See NYSE Rule 123C(2).
---------------------------------------------------------------------------

    Pursuant to NYSE Rule 123C(5), at 3:40 p.m. if a security has a
disparity between MOC and marketable LOC interest to buy and MOC and
marketable LOC interest to sell of 50,000 shares or more the assigned
DMM is required to send a message from Display Book that is published
to the Consolidated Tape informing the investing public of the
disparity (``Mandatory Indication''). The Mandatory Indication includes
the symbol, the amount and the side of the imbalance. In addition, to
the Mandatory Indication, a DMM may, with Floor Official approval,
disseminate an imbalance publication that is for a disparity of less
than 50,000 shares when the imbalance in the security is significant in
relation to the average daily trading volume in the security. At 3:50
p.m. the DMM is required to provide an update of the previous imbalance
publications.
    At the close of trading, any closing imbalance of MOC and
marketable LOC orders are calculated by netting (i.e., pairing off) the
aggregate amount of MOC and marketable LOC buy orders against the
aggregate amount of MOC and marketable LOC sell orders.\14\ Exchange
systems calculate the number of MOC and marketable LOC orders on each
side of the market and pair them off. Where there is an imbalance (i.e.
more orders to buy than sell or vice versa), the shares constituting
the imbalance are executed against the offer (in case of a buy
imbalance) or the bid (in the case of a sell imbalance).\15\ This
transaction is reflected on the first closing print from the NYSE to
the Consolidated Tape for the particular security.\16\ The DMM then
pairs off the remaining MOC and marketable LOC buy and sell orders
against each other at the price at which the imbalanced shares were
executed.\17\ This ``pair off'' transaction is reported as a second
closing print from the NYSE to the Consolidated Tape as ``stopped
stock.'' \18\
---------------------------------------------------------------------------

    \14\ See NYSE Rules 116.40 and 123C(3).
    \15\ See NYSE Rules 116.40(B) and 123C(3)(A).
    \16\ See Id.
    \17\ See NYSE Rule 123C(3)(A).
    \18\ See NYSE Rules 116.40(C) and 123C(3)(A).
---------------------------------------------------------------------------

    If there is no imbalance, the aggregate buy and sell MOC and
marketable LOC orders are paired off at the price of the last sale of
the subject security on the Exchange prior to the close of trading in
the security.\19\ This transaction is reported to the Consolidated Tape
in a single closing print as ``stopped stock.'' \20\
---------------------------------------------------------------------------

    \19\ See NYSE Rules 116.40(C) and 123C(3)(B).
    \20\ See Id.
---------------------------------------------------------------------------

Proposed Single Closing Print
    The closing transaction on the Exchange continues to be a manual
auction in order to facilitate greater price discovery and allow for
the maximum interaction between market participants. Currently,
increased volatility in the market has given rise to the need to
simplify procedures. In order to continue to provide timely closing of
securities, the Exchange believes that it is necessary to reduce the
manual processing required of the DMM to promote an even more efficient
close. As such, the Exchange seeks to create a single closing print to
be reported to the Consolidated Tape for each security. The Exchange
believes that this will work to optimize the efficient operation of the
closing process.
    The Exchange therefore proposes to amend NYSE Rules 116 and 123C(3)
to

provide for a single closing print to be reported to the Consolidated
Tape system for each listed security. Currently, the DMM is required to
manually enter the imbalance and the paired prints to Exchange systems
for reporting to the Consolidated Tape. Requiring two prints impedes
DMMs' efficiency in reporting the closing transaction.
    Multiple closing prints were used to provide information about the
share imbalances that impacted the closing price of a security on the
Exchange. In May 2008, the Exchange amended NYSE Rule 123C to allow
Exchange systems to disseminate a data feed of real-time order
imbalances that accumulate prior to the close of trading on the
Exchange (``Order Imbalance Information'').\21\ Order Imbalance
Information is supplemental information disseminated by the Exchange
prior to a closing transaction.\22\ Specifically, Order Imbalance
Information is disseminated every fifteen seconds between 3:40 p.m. and
3:50 p.m.; thereafter, it is disseminated every five seconds between
3:50 p.m. and 4 p.m. On any day that the scheduled close of trading on
the Exchange is earlier than 4 p.m., the dissemination of Order
Imbalance Information commences 20 minutes before the scheduled closing
time. On those days, Order Imbalance Information is disseminated every
fifteen seconds for approximately 10 minutes; thereafter, the Order
Imbalance Information is disseminated ever [sic] five seconds until the
scheduled closing time.
---------------------------------------------------------------------------

    \21\ See Securities Exchange Act Release Nos. 57862 (May 23,
2008), 73 FR 31174 (May 30, 2008) (SR-NYSE-2008-41) and 57861 (May
23, 2008), 73 FR 31905 (June 4, 2008) (SR-NYSE-2008-42). On December
19, 2008, the Exchange filed with the Securities and Exchange
Commission to offer, for a separate fee, the Order Imbalance
Information datafeed as a stand alone market data product. See
Securities Exchange Act Release No. 59202 (January 6, 2009) 74 FR
1744 (January 13, 2009) (SR-NYSE-2008-132).
    \22\ See NYSE Rule 123C(6).
---------------------------------------------------------------------------

    The Exchange believes that the Order Imbalance Information achieves
the goal of providing real-time detail and transparency for market
participants about the factors that impact the closing price of a
security. The Exchange further notes that the current imbalance
publications pursuant to NYSE Rule 123C(5) will continue to be
disseminated in accordance with the provisions of the rule. As such,
the Exchange believes that there no longer exists a need for the
dissemination of two separate prints at the close.
    The Exchange therefore proposes that the imbalance, if any, paired
off closing transactions and stop orders elected for execution on the
close be reported to the Consolidated Tape System as a single
transaction and print.\23\ The Exchange proposes to amend the text of
NYSE Rule 116.40(C) to remove language that states that ``pair off''
transactions should be printed to the Consolidated Tape as stopped
stock. Similarly, the Exchange proposes to amend NYSE Rule 123C(3)
(Closing Prints) to state that the imbalance and the pair off amounts
shall be printed to the Consolidated Tape as a single transaction.
---------------------------------------------------------------------------

    \23\ The Exchange formally eliminated the percentage orders
(referred to as a ``CAP'' order) as a valid order type on the NYSE.
See Securities Exchange Act Release No. 58013 (June 24, 2008), 73 FR
37521 (July 1, 2008) (SR-NYSE-2008-46) [sic].
---------------------------------------------------------------------------

    Pursuant to the above proposed changes, a single print close in a
security would occur as described in the example below.

    The DMM for stock XYZ has determined that the closing price in
the stock will be $30.25. The last sale price on the Exchange was
$30.00. The DMM has 6,000,000 shares of MOC and marketable LOC buy
orders up to a price of $30.25. On the sell side, there are
5,000,000 MOC and marketable LOC sell orders down to a price of
$30.24. The DMM pairs 5,000,000 shares of MOC and marketable LOC buy
orders against the 5,000,000 shares of MOC and marketable LOC sell
orders at a price of $30.25, leaving an imbalance of 1,000,000
shares on the buy side. On the Display Book, the DMM has 700,000
shares of limit sell orders at various prices marketable up to a
price of $30.25, and there is also Crowd interest of 300,000 shares
at that price. The DMM will use the 700,000 shares of limit sell
orders on the Display Book and 300,000 shares of Crowd interest to
offset the remaining 1,000,000 shares of MOC and marketable buy LOC
imbalance.

    In the above example, the DMM would continue to arrange the closing
transaction as set forth in 123C(3) and NYSE Rule 116.40; however,
rather than reporting two separate closing prints to the Consolidated
Tape, a single closing print reflecting the execution of 6,000,000
shares at $30.25 would be reported. The 6,000,000 share volume in the
single print close includes: (1) The 1,000,000 share buy order
imbalance; and (2) the 5,000,000 shares of MOC and marketable LOC buy
and sell orders that were paired off.
    The Exchange believes that the consolidation of the separate
closing transactions and prints will reduce the amount of manual
information to be reported by the DMM thus increasing the speed and
efficiency of the closing process ultimately improving the quality of
the Exchange market with timelier reporting of closing transactions.
Proposed Technical Amendment to NYSE Rule 123C(3)
    On October 24, 2008, the Commission approved the operation of a
pilot for the Exchange's New Market Model.\24\ As part of its new
model, the Exchange rescinded percentage orders as a valid order type
on the Exchange. As part of the New Market Model filing, the Exchange
inadvertently failed to eliminate a reference to percentage orders in
NYSE Rule 123C(3). The Exchange therefore seeks to correct this
oversight by deleting that reference through this filing given that
percentage orders are no longer valid order types on the Exchange.
---------------------------------------------------------------------------

    \24\ See Securities Exchange Act Release No. 58845 (October 24,
2008), 73 FR 64379 (October 29, 2008) (SR-NYSE-2008-46) (approving
certain rules to operate as a pilot scheduled to end October 1,
2009).
---------------------------------------------------------------------------

Proposed Changes to NYSE Alternext Rules
    The Exchange notes that parallel changes are proposed to be made to
the rules of the NYSE Alternext Exchange (formerly the American Stock
Exchange) through a separate filing to be submitted on a later date.
Operative Date
    The Exchange proposes that the amendments herein will be operative
as of February 6, 2009.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\25\ in
general, and furthers the objectives of Section 6(b)(5) of the Act,\26\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. The Exchange
believes the proposed rule change will facilitate the timely and
efficient closing of securities on the Exchange and thus ultimately
serve to protect investors and the public interest.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78f(b).
    \26\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms, does not become operative for 30 days after the
date of filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest,
the proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \27\ and Rule 19b-4(f)(6) thereunder.\28\
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78s(b)(3)(A).
    \28\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing.\29\ However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requested that the Commission waive
the 30-day operative delay, as specified in Rule 19b-4(f)(6)(iii),\30\
and has proposed to make the rule change operative as of February 6,
2009.
---------------------------------------------------------------------------

    \29\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires the self-regulatory organization to give the
Commission notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. NYSE has satisfied this requirement.
    \30\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because doing so will enable the Exchange to immediately implement a
more efficient closing process, thereby providing for timelier
reporting of the closing transaction. Additionally, the Commission
notes that the Exchange will continue to publish the Mandatory
Indication when there is a significant imbalance before the close, as
required under Rule 123C(5). Accordingly, the Commission designates the
proposed rule change as operative as of February 6, 2009.\31\
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    \31\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.\32\
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    \32\ 15 U.S.C. 78s(b)(3)(C).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2009-10 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2009-10. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2009-10 and should be
submitted on or before March 2, 2009.
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    \33\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-2650 Filed 2-6-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Proposed Rules]
[Pages 50347-50349]
[FR Doc No: 2019-20690]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0686; Airspace Docket No. 18-AGL-21]
RIN 2120-AA66

Proposed Amendment of VOR Federal Airway V-7 in the Vicinity of
Sheboygan, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend VHF Omnidirectional Range (VOR)
Federal airway V-7 in the vicinity of Sheboygan, WI. The modifications
are necessary due to the planned decommissioning of the VOR portion of
the Falls, WI, VOR/Distance Measuring Equipment (VOR/DME) navigation
aid (NAVAID), which provides navigation guidance for portions of the
affected air traffic service (ATS) route. The Falls VOR is being
decommissioned as part of the FAA's VOR Minimum Operational Network
(MON) program.

DATES: Comments must be received on or before November 12, 2019

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2019-0686; Airspace Docket No. 18-AGL-21 at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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
the 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 modify the route structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2019-0686; Airspace Docket No. 18-AGL-21) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2019-0686; Airspace Docket No. 18-AGL-21.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://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 ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Operations Support Group, Central
Service Center, Federal Aviation Administration, 10101 Hillwood Blvd.,
Fort Worth, TX, 76177.

Availability and Summary of Documents for Incorporation by Reference

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

Background

    The FAA is planning decommissioning activities for the VOR portion
of the Falls, WI, VOR/DME in May 2020, as one of the candidate VORs
identified for discontinuance by the FAA's VOR MON program and listed
in the final policy statement notice, ``Provision of Navigation
Services for the Next Generation Air Transportation System (NextGen)
Transition to Performance-Based Navigation (PBN) (Plan for Establishing
a VOR Minimum Operational Network),'' published in the Federal Register
of July 26, 2016 (81 FR 48694), Docket No. FAA-2011-1082. Although the
VOR portion of the Falls, WI, VOR/DME NAVAID is planned for
decommissioning, the DME portion is being retained. The only ATS route
dependency to the Falls VOR is VOR Federal airway V-7.
    With the planned decommissioning of the Falls VOR, the remaining
ground-based NAVAID coverage in the area is insufficient to enable the
continuity of the airway. As such, the proposed modification to V-7
would result in a gap in the airway and the PETTY fix, on V-7, being
redefined using new intersecting NAVAID radials. To overcome the gap,
instrument flight rules (IFR) traffic could use adjacent VOR Federal
airways, including V-9, V-26, V-55, V-63, V-170, V-191, V-217, V-341,
and V-450, to circumnavigate the affected area. Additionally, IFR

traffic could file point to point through the affected area using the
fixes that will remain in place, or receive air traffic control (ATC)
radar vectors through the area. Visual flight rules pilots who elect to
navigate via the airways through the affected area could also take
advantage of the adjacent VOR Federal airways or ATC services listed
previously.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by modifying VOR Federal airway V-7. The
planned decommissioning of the VOR portion of the Falls, WI, VOR/DME
has made this action necessary. The proposed VOR Federal airway change
is outlined below.
    V-7: V-7 currently extends between the Dolphin, FL, VOR/Tactical
Air Navigation (VORTAC) and the Muscle Shoals, AL, VORTAC; and between
the Central City, KY, VORTAC and the Sawyer, MI, VOR/DME. The airspace
below 2,000 feet mean sea level (MSL) outside the United States is
excluded. The portion outside the United States has no upper limit. The
FAA proposes to amend the PETTY fix in the airway description to
describe it as the intersection of the existing Chicago Heights, IL,
VORTAC 358[deg] radial and the Badger, WI, VOR/DME 117[deg](T)/
119[deg](M) radial. Additionally, the FAA proposes to remove the airway
segment between the intersection of the Chicago Heights, IL, VORTAC
358[deg] and Badger, WI, VOR/DME 117[deg](T)/119[deg](M) radials (PETTY
fix) and the Green Bay, WI, VORTAC. The unaffected portions of the
existing airway would remain as charted.
    All radials in the route description below that are unchanged are
stated in True degrees. Radials that are stated in True (T) and
Magnetic (M) degrees are new computations based on available NAVAIDS.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order
7400.11D dated August 8, 2019, and effective September 15, 2019, which
is incorporated by reference in 14 CFR 71.1. The VOR Federal airway
listed in this document would be subsequently published in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this 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
Department of Transportation (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 part 71 continues to read as follows:

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

Sec.  71.1   [Amended]

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

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-7

    From Dolphin, FL; INT Dolphin 299[deg] and Lee County, FL,
120[deg] radials; Lee County; Lakeland, FL; Cross City, FL;
Seminole, FL; Wiregrass, AL; INT Wiregrass 333[deg] and Montgomery,
AL, 129[deg] radials; Montgomery; Vulcan, AL; to Muscle Shoals, AL.
From Central City, KY; Pocket City, IN; INT Pocket City 016[deg] and
Terre Haute, IN, 191[deg] radials; Terre Haute; Boiler, IN; Chicago
Heights, IL; to INT Chicago Heights 358[deg] and Badger, WI,
117[deg](T)/119[deg](M) radials. From Green Bay, WI; Menominee, MI;
to Sawyer, MI. The airspace below 2,000 feet MSL outside the United
States is excluded. The portion outside the United States has no
upper limit.
* * * * *

    Issued in Washington, DC, on September 18, 2019.
Scott M. Rosenbloom,
Acting Manager, Airspace Policy Group.
[FR Doc. 2019-20690 Filed 9-24-19; 8:45 am]
 BILLING CODE 4910-13-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 0001 OFFICE OF PESTICIDES PROGRAMS October 27, 2003 John J. Jachetta, Ph. D Regulatory Manager Regulatory Success America Dow AgroSciences LLC 9330 Zionsville Road Indianapolis, IN 46268 1050 Dear Dr. Jachetta:

The purpose of this letter is to advise you of the results of EPA's reevaluation of the terms of the phase out of chlorpyrifos methyl ( CPM). The reevaluation resulted from a meeting with representatives of USDA's Office of Pesticide Policy and others in March of this year where the USDA requested that the phase out of Reldan 4E ® be extended until Codex MRLs for alternatives were established. Further, they noted the effectiveness of combination products which include lower concentrations of CPM plus an alternative compound.

The Agency's 2001 decision on CPM provided a phase out of the 43% liquid formulation end use product Reldan 4E ® . Under the phase out schedule, Dow AgroScience could sell, and distribute this product through December 31, 2003, and the last use date is December 31, 2004. The Agency recognized the importance of CPM to grain storage, particularly for on farm storage and the smaller country elevators, and allowed for a phase out in order to transition to alternative means of pest control. As a condition of the phase out, EPA required additional studies to better characterize risk associated with CPM, and Dow AgroSciences has provided an acute delayed neurotoxicity study, and a two generation rat reproduction study. These studies have been received and are currently being reviewed.

The Agency agreed in the IRED to reevaluate the phase out in 2003 to determine if viable alternatives were available, and extend the phase out if it were determined that no adequate alternatives were available. Since the IRED was signed, a few new chemicals have come on the market that are promising for stored grain. However, many of these new chemicals lack Codex MRLs, thus effectively limiting their use to crops that are not exported. Also, the Agency reevaluated its decision on whether the database for chlorpyrifos ethyl ( CPY) was adequate to address data gaps for CPM.  2 The Agency has reconsidered the toxicity data gaps identified in the CPM Toxicology Chapter of the RED dated April 19, 2000, and concluded that CPM is likely to be less toxic than CPY based on a side by side comparison of cholinesterase inhibition levels in existing studies ( See Chlorpyrifos Methyl: Status of Toxicity Data Gaps, Impact of New Data on the Risk Assessment and Impact on Cumulative Risk Assessment, July 8, 2003 which is attached). We have also concluded that given the structural similarities between the two chemicals, toxicity data generated using CPY could be used to address data gaps for CPM with the exception of the acute toxicity test requirements. CPM will continue to be regulated using its specific endpoints, and the 10x database uncertainty factor will be retained. This uncertainty factor is consistent with the 10x on CPY which is based on a weight of the evidence approach to sensitivity. EPA has also concluded that retaining CPM on stored grain will not have an impact on the Organophosphate Cumulative Risk Assessment.

Based on this information, the Agency has determined that the database for CPY is adequate to assess the risk associated with CPM, and CPM is eligible for reregistration. The CPY database addresses the data requirements for CPM with the exception of product specific acute toxicity data.

The Agency will extend the phase out of Reldan 4 ® through December 2004. According, the last date for sales and distribution of Reldan 4E ® is December 31, 2004, and the last use date is December 31, 2005. This extension should allow time for the Codex MRLs that are currently in process for combination products containing CPM and cyfluthrin, and spinosad to be approved.

We intend to publish an amendment to the IRED and the Federal Register Notice of April 24, 2002, to inform all interested stakeholders of EPA's reevaluation of CPM in the near future. If you have any questions, please contact Jackie Mosby of my staff at ( 703) 305 6792.

Sincerely,

Betty Shackleford, Acting Director Special Review & Reregistration Division Enclosures


[Federal Register: April 27, 2006 (Volume 71, Number 81)]
[Notices]
[Page 24850-24851]
[DOCID:fr27ap06-40]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting Motions
To Intervene, Protests, and Comments

April 20, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12635-000.
    c. Date filed: January 3, 2006.
    d. Applicant: Moriah Hydro Corporation.
    e. Name and Location of Project: The proposed Mineville Pumped
Storage Project would be located in the existing Old Bed, New Bed, and
Harmony Mines within the town of Moriah in Essex County, New York. The
mines are owned by X-Earth Corporation of Elizabethtown, New York, and
by Rhodia Corporation of Cranbury, New Jersey.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant Contact: Mr. James A. Besha, P.E., Moriah Hydro
Corporation, c/o Albany Engineering Corporation, 455 New Karner Road,
Albany, NY 12205,<PHONE_NUMBER>.
    h. FERC Contact: Tom Papsidero,<PHONE_NUMBER>.
    i. Deadline for filing motions to intervene, protests and comments:
60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. 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 under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12635-000) 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 in 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.
    j. Description of Project: The proposed pumped storage project
would consist of the following: (1) An upper reservoir using the
existing +200 level of the underground Harmony Mine having a surface
area of 99 acres, with a storage capacity of 1,900 acre-feet and a
normal water surface elevation of 200 feet NGVD, (2) a lower reservoir
using the existing underground -1185 level of the Harmony Mine having a
surface area of 75 acres, with a storage capacity of 2,500 acre-feet
and a normal water surface elevation of -1,135 feet NGVD, (3) seven
identical 1000-foot-long, 96-inch-diameter vertical bored penstocks
with grouted steel casing, (4) a proposed powerhouse containing seven
generating units having a total installed capacity of 189 MW; (5) a
proposed 1-mile-long, 115 kV transmission line; and (6) appurtenant
facilities.

    The project would have an annual generation of 650 GWh, which would
be sold to a local utility.
    k. Location of Applications: A copy of the application is available
for inspection and reproduction at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov
 using the ``eLibrary'' link. Enter the docket number

excluding the last three digits in the docket number field to access
the document. For assistance, call toll-free 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 g
above.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    n. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    q. 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.
    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 under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    r. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. An additional copy must be sent to Director,
Division of Hydropower Administration and Compliance, Federal Energy
Regulatory Commission, at the above-mentioned address. A copy of any
notice of intent, competing application or motion to intervene must
also be served upon each representative of the Applicant specified in
the particular application.
    s. 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.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-6325 Filed 4-26-06; 8:45 am]

BILLING CODE 6717-01-P