PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request Environmental Protection Agency 2. OMB control number b. G None a 2060 0226 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title: Significant New Alternatives Policy ( SNAP) ( 40 CFR part 82, subpart G) ( Renewal)

8. Agency form number( s) ( If applicable) EPA ICR 1596.06; EPA Form 1265 93, EPA Form 1265 94, EPA Form 1265 93( 1)

9. Keywords: Significant New Alternatives Policy ( SNAP) Program, ozone depleting substances ( ODS), Clean Air Act 10. Abstract Information collected under this rulemaking is necessary to implement the requirements of the Significant New Alternatives Policy ( SNAP) program for evaluating and regulating substitutes for ozone depleting chemicals being phased out under the stratospheric ozone protection provisions of the Clean Air Act ( CAA). Under CAA Section 612, EPA is authorized to identify and restrict the use of substitutes for class I and class II ozone depleting substances where EPA determines other alternatives exist that reduce overall risk to human health and the environment. The SNAP program, based on information collected from the manufacturers, formulators, and/ or sellers of such substitutes, identifies acceptable substitutes. Responses to the collection of information are mandatory under Section 612 for anyone who sells or, in certain cases, uses substitutes for an ozone depleting substance after April 18, 1994, the effective date of the final rule.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. X Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. X Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 279 b. Total annual responses 279 __ 1. Percentage of these responses collected electronically 7 % c. Total hours requested 8,972 d. Current OMB inventory 10,363 e. Difference  1,391 f. Explanation of difference 1. Program Change ______________ 0_______________ 2. Adjustment  1,391 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs $ 44 b. Total annual costs ( O& M) $ 1 c. Total annualized cost requested $ 45 d. Current OMB inventory $ 45 e. Difference $ 0 f. Explanation of difference 1. Program change 0 2. Adjustment 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. X Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) as requested 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Karen Thundiyil Phone: ( 202) 343 9464 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Pages 42141-42143]
[FR Doc No: 2011-17956]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29723; File No. 812-13143]

HighMark Funds and HighMark Capital Management, Inc.; Notice of
Application

July 12, 2011.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act.

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Summary of the Application: Applicants request an order that would
permit them to enter into and materially amend sub-advisory agreements
without shareholder approval.

Applicants: HighMark Funds and HighMark Capital Management, Inc.
(``HMCM'').

DATES:  Filing Dates: The application was filed on December 14, 2004,
and amended on February 17, 2010, and January 14, 2011. Applicants have
agreed to file an amendment during the notice period, the substance of
which is reflected in this notice.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on August 5, 2011, and should be accompanied by proof of service
on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090. Applicants: HighMark Funds, 350
California Street, Suite 1600, San Francisco, California 94104; HMCM,
350 California Street, San Francisco, California 94104.

For Further Information Contact: Lewis B. Reich, Senior Counsel, at
(202) 551-6919, or Jennifer L. Sawin, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

Supplementary Information: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. HighMark Funds is a registered open-end management investment
company organized as a Massachusetts business trust and currently
offers 29 series (each, a ``Fund''), each with its own investment
objective, restrictions and policies.\1\
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    \1\ Applicants request that any relief granted pursuant to the
application apply also to any existing or future registered open-end
management investment company or series thereof that (a) Is advised
by HMCM or any entity controlling, controlled by or under common
control with HMCM or its successors (HMCM and each such entity an
``Adviser''); (b) uses the manager of managers structure described
in the application; and (c) complies with the terms and conditions
in the application (any such registered open-end management
investment company or series thereof, a ``Multi-Manager Fund'').
HighMark Funds is the only existing investment company that
currently intends to rely on the requested order. All Multi-Manager
Funds that currently intend to rely on the requested order are named
in the Application. If the name of any Multi-Manager Fund contains
the name of any Sub-Adviser (as defined below), the name of the
Adviser that serves as the primary adviser to that Multi-Manager
Fund will precede the name of the Sub-Adviser.
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    2. HMCM, a California corporation with its principal office in San
Francisco, is registered as an investment adviser under the Investment
Advisers Act of 1940 (``Advisers Act''). HMCM is a subsidiary of Union
Bank, N.A., which is a subsidiary of UnionBanCal Corporation, which is
wholly owned by The Bank of Tokyo-Mitsubishi UFJ Ltd., which is a
wholly-owned subsidiary of Mitsubishi UFJ Financial Group, Inc. HMCM
serves as the investment adviser to the currently existing Funds
pursuant to an investment advisory agreement with HighMark Funds (an
``Advisory Agreement'') approved by board of trustees of the HighMark
Funds (the ``Board''), including a majority of the trustees who are not
``interested persons'' of HighMark Funds as defined in section 2(a)(19)
of the Act (the ``Independent Trustees''), and by the shareholders of
each Fund in accordance sections 15(a) and (c) of the Act and rule 18f-
2 thereunder.\2\
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    \2\ The term ``Advisory Agreement'' also refers to any other
agreement pursuant to which an Adviser serves as the investment
adviser to a Multi-Manager Fund. The term ``Board'' includes the
board of trustees or directors of any Multi-Manager Fund.
---------------------------------------------------------------------------

    3. Under the Advisory Agreement, the Adviser is responsible for
providing a continuous investment program for each Multi-Manager Fund
and determining what securities and other investments will be
purchased, retained or sold by each Multi-Manager Fund, consistent with
the Multi-Manager Fund's objectives, policies, and restrictions. As
compensation for its investment management services, the Adviser
receives the fee specified in the Advisory Agreement with respect to
each Multi-Manager Fund based on the Multi-Manager Fund's average daily
net assets. The Advisory Agreement permits the Adviser to retain one or
more sub-advisers (each a ``Sub-Adviser'') pursuant to investment sub-
advisory agreements at the Adviser's own expense, for the purpose of
managing all or a portion of the assets of a Multi-Manager Fund. Each
Sub-Adviser is, or will be, an investment adviser registered under the
Advisers Act. Each Sub-Adviser is and will be responsible, subject to
the general supervision of the Adviser and the Board, for supervising
and administering the Multi-Manager Fund's investment program with
respect to the portion of the Multi-Manager Fund's assets assigned to
it. The Adviser will evaluate and recommend Sub-Advisers to the Board
and will monitor and evaluate each Sub-Adviser's investment programs,
performance and compliance. The Adviser will recommend to the Board
whether sub-advisory agreements should be renewed, modified or
terminated.
    4. Applicants request an order to permit the Adviser, subject to
Board approval, to enter into and materially amend sub-advisory
agreements for Multi-Manager Funds without shareholder approval. The
requested relief will not apply with respect to any Sub-Adviser that is
an affiliated person, as defined in section 2(a)(3) of the Act, of a
Multi-Manager Fund or of the Adviser, other than by reason of serving
as Sub-Adviser to one or more Multi-Manager Funds (``Affiliated Sub-
Adviser'').

Applicants' Legal Analysis

    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except pursuant to a written contract that has been
approved by a vote of a majority of the company's outstanding voting
securities. Rule 18f-2 under the Act provides that each series or class
of stock in a series investment company affected by a matter must
approve the matter if the Act requires shareholder approval.
    2. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
from any rule thereunder, if such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act. Applicants believe that the requested relief satisfies this
standard for the reasons below.
    3. Applicants state that the shareholders of a Multi-Manager Fund
expect the Adviser, under the overall supervision of the Board and the
Independent Trustees, to take responsibility for overseeing the Sub-
Advisers and recommending their hiring, termination, and replacement.
Applicants assert that, from the perspective of the investor, the role
of the Sub-Advisers with respect to the Multi-Manager Funds is
substantially equivalent to the role of the individual portfolio
managers employed by traditional investment company advisory firms. In
the absence of exemptive relief from Section 15(a) of the Act, when a
new Sub-Adviser is proposed for retention by a Multi-Manager Fund,
shareholders would be required to approve the sub-advisory agreement
with that Sub-Adviser. Similarly, approval by the shareholders of the
affected Multi-Manager Fund would be required in order to amend an
existing sub-advisory agreement in any material respect or in order to
continue to retain an existing Sub-Adviser whose sub-advisory agreement
is ``assigned'' as a result of a change of control. Applicants state
that obtaining shareholder approval is costly and slow, so the relief
requested would benefit the Multi-Manager Funds and their shareholders
by reducing these expenses and enabling the Multi-Manager Funds to
operate more efficiently. Applicants also note that each Advisory
Agreement will remain fully subject to the requirements in sections
15(a) and 15(c) of the Act and rule 18f-2 under the Act, including the
requirement for shareholder approval.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Before a Multi-Manager Fund may rely on the order requested in
the application, the operation of the Multi-Manager Fund in the manner
described in the application will be approved by a majority of the
Multi-Manager Fund's outstanding voting securities, as defined in the
Act, or, in the case of a Multi-Manager Fund whose public shareholders
purchase shares on the basis of a prospectus containing the

disclosure contemplated by condition 2 below, by the initial
shareholder(s) before offering shares of the Multi-Manager Fund to the
public.
    2. Each Multi-Manager Fund relying on the requested order will
disclose in its prospectus the existence, substance, and effect of any
order granted pursuant to the application. In addition, each Multi-
Manager Fund will hold itself out to the public as employing the
manager of managers structure described in the application. The
prospectus will prominently disclose that the Adviser has ultimate
responsibility (subject to oversight by the Board) to oversee Sub-
Advisers and recommend their hiring, termination and replacement.
    3. Within 90 days of the hiring of any new Sub-Adviser,
shareholders of the affected Multi-Manager Fund will be furnished all
of the information about the new Sub-Adviser that would be included in
a proxy statement. To meet this obligation the Multi-Manager Fund will,
within 90 days of hiring a new Sub-Adviser, provide shareholders of the
affected Multi-Manager Fund with an information statement meeting the
requirements of Regulation 14C, Schedule 14C and Item 22 of Schedule
14A under the Securities Exchange Act of 1934, as amended.
    4. The Adviser will not enter into a sub-advisory agreement with
any Affiliated Sub-Adviser without such agreement, including the
compensation to be paid thereunder, being approved by the shareholders
of the applicable Multi-Manager Fund.
    5. At all times, at least a majority of the Board will be
Independent Trustees, and the nomination of new or additional
Independent Trustees will be at the discretion of the then existing
Independent Trustees.
    6. When a change of Sub-Adviser is proposed for a Multi-Manager
Fund with an Affiliated Sub-Adviser, the Board, including a majority of
the Independent Trustees, will make a separate finding, reflected in
the Board minutes, that such change is in the best interests of the
Multi-Manager Fund and its shareholders and does not involve a conflict
of interest from which the Adviser or an Affiliated Sub-Adviser derives
an inappropriate advantage.
    7. The Adviser will provide general management services to each
Multi-Manager Fund, including overall supervisory responsibility for
the general management and investment of the Multi-Manager Fund's
assets, and, subject to review and approval by the Board, will: (i) set
the Multi-Manager Fund's overall investment strategies; (ii) evaluate,
select and recommend Sub-Advisers to manage all or a part of the Multi-
Manager Fund's assets; (iii) when appropriate, allocate and reallocate
the Multi-Manager Fund's assets among multiple Sub-Advisers; (iv)
monitor and evaluate the Sub-Advisers' performance; and (v) implement
procedures reasonably designed to ensure that the Sub-Advisers comply
with the Multi-Manager Fund's investment objectives, policies and
restrictions.
    8. No trustee or officer of a Multi-Manager Fund or director or
officer of the Adviser will own directly or indirectly (other than
through a pooled investment vehicle that is not controlled by such
person) any interest in a Sub-Adviser, except for: (i) ownership of
interests in the Adviser or any entity that controls, is controlled by
or is under common control with the Adviser; or (ii) ownership of less
than 1% of the outstanding securities of any class of equity or debt of
a publicly-traded company that is either a Sub-Adviser or an entity
that controls, is controlled by, or is under common control with a Sub-
Adviser.
    9. In the event the Commission adopts a rule under the Act
providing substantially similar relief to that in the order requested
in the application, the requested order will expire on the effective
date of that rule.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-17956 Filed 7-15-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Proposed Rules]
[Pages 81851-81854]
[FR Doc No: 2020-27691]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1134; Project Identifier MCAI-2020-01053-T]
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: The FAA proposes to supersede Airworthiness Directive (AD)
2017-19-25, which applies to all Airbus Defense and Space S.A. Model
CN-235, CN-235-100, CN-235-200, and CN-235-300 airplanes; and Model C-
295 airplanes. AD 2017-19-25 requires repetitive inspections and
operational checks of the affected fuel valves, and corrective actions
if necessary. Since the FAA issued AD 2017-19-25, it has been
determined that it is necessary to limit the installation of affected
parts specified in AD 2017-19-25 to those parts that are maintained in
accordance with certain instructions. This proposed AD would continue
to require repetitive inspections and operational checks of the
affected fuel valves, and corrective actions if necessary. This
proposed AD would also limit the installation of affected parts to
those that that are maintained in accordance with certain instructions,
as specified in a European Union Aviation Safety Agency (EASA), which
will be incorporated by reference. The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by February 1,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For the material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu.
    You may view this IBR material at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-1134.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1134; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3220; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-1134;
Project Identifier MCAI-2020-01053-T'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, explain the reason for any recommended change, and include
supporting data. The FAA will consider all comments received by the
closing date and may amend the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Shahram Daneshmandi, Aerospace Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Discussion

    The FAA issued AD 2017-19-25, Amendment 39-19055 (82 FR 44895,
September 27, 2017) (AD 2017-19-25), which applies to all Airbus
Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, and CN-
235-300 airplanes; and Model C-295 airplanes. AD 2017-19-25 requires
repetitive inspections and operational checks of the affected fuel
valves, and corrective actions if necessary. The FAA issued AD 2017-19-
25 to address leaks in a motorized fuel valve, which could lead to
failure of the fuel valve and consequent improper fuel system
functioning or, in case of the presence of an ignition source, an
airplane fire.

Actions Since AD 2017-19-25 Was Issued

    Since the FAA issued AD 2017-19-25, it has been determined that it
is necessary to limit the installation of affected parts specified in
AD 2017-19-25 to those parts that are maintained in accordance with
certain instructions.
    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0212, dated August 27, 2019

(EASA AD 2019-0212) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-
200, and CN-235-300 airplanes; and Model C-295 airplanes. EASA AD 2019-
0212 supersedes EASA AD 2017-0004 (which corresponds to FAA AD 2017-19-
25).
    This proposed AD was prompted by leakage of a motorized cross-feed
fuel valve and a determination that it is necessary to limit the
installation of affected parts specified in AD 2017-19-25 to those
parts that are maintained in accordance with certain instructions. The
FAA is proposing this AD to address leaks in a motorized fuel valve,
which could lead to failure of the fuel valve and consequent improper
fuel system functioning or, in case of the presence of an ignition
source, an airplane fire. See the MCAI for additional background
information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2017-19-25, this proposed AD would retain all of the
requirements of AD 2017-19-25. Those requirements are referenced in
EASA AD 2019-0212, which, in turn, is referenced in paragraph (g) of
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0212 describes procedures for repetitive inspections
and operational checks of the affected fuel valves (cycling procedures
and reapplication of grease or overhaul as applicable), and corrective
actions if necessary. Corrective actions include replacement. EASA AD
2019-0212 also describes procedures for reporting inspection results.
    This material 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 the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
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.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0212 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2019-0212
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2019-0212 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2019-0212 that is required for compliance with EASA AD 2019-
0212 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-1134 after the FAA
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 8 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255           $2,040
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
proposed inspection. The FAA has no way of determining the number of
aircraft that might need these replacements:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
5 work-hours x $85 per hour = $425....         $38,448          $38,873
------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 work-hour per product
to comply with the proposed on-condition reporting requirement in this
proposed AD. The average labor rate is $85 per hour. Based on these
figures, the FAA estimates the cost of reporting the inspection results
on U.S. operators to be $85 per product.
    The FAA has received no definitive data on which to base the cost
estimates for the on-condition corrective actions for the operational
check specified in this proposed AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this proposed AD
is 2120-0056. The paperwork cost associated with this proposed AD has
been detailed in the Costs of Compliance section of this document and
includes time for reviewing instructions, as well as completing and
reviewing the collection of information. Therefore, all reporting
associated with this proposed AD is mandatory. Comments concerning the
accuracy of this burden and suggestions for reducing the burden should
be directed to Information Collection Clearance Officer, Federal
Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-
1524.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2017-19-25, Amendment 39-19055
(82 FR 44895, September 27, 2017), and
0
b. Adding the following new AD:

Airbus Defense and Space S.A. (Formerly known as Construcciones
Aeronauticas, S.A.): Docket No. FAA-2020-1134; Project Identifier
MCAI-2020-01053-T.

(a) Comments Due Date

    The FAA must receive comments by February 1, 2021.

(b) Affected ADs

    This AD replaces AD 2017-19-25, Amendment 39-19055 (82 FR 44895,
September 27, 2017) (AD 2017-19-25).

(c) Applicability

    This AD applies to all Airbus Defense and Space S.A. Model CN-
235, CN-235-100, CN-235-200, and CN-235-300 airplanes; and Model C-
295 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by leakage of a motorized cross-feed fuel
valve and a determination that it is necessary to limit the
installation of affected parts to those parts that are maintained in
accordance with certain instructions. The FAA is issuing this AD to
address leaks in a motorized fuel valve, which could lead to failure
of the fuel valve and consequent improper fuel system functioning
or, in case of the presence of an ignition source, an airplane fire.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2019-0212, dated August 27, 2019 (EASA AD 2019-0212).

(h) Exceptions to EASA AD 2019-0212

    (1) Where EASA AD 2019-0212 refers to April 25, 2016 (the
effective date of EASA AD 2016-0071) or January 23, 3017 (the
effective date of EASA AD 2017-0004), this AD requires using
November 1, 2017 (the effective date of AD 2017-19-25).
    (2) Where EASA AD 2019-0212 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) The ``Remarks'' section of EASA AD 2019-0212 does not apply
to this AD.
    (4) Although the service information referenced in EASA AD 2019-
0212 specifies to submit all inspection findings to the
manufacturer, this AD requires reporting only as specified in
paragraph (8) of EASA AD 2019-0212.
    (5) Where paragraph (5) of EASA AD 2019-0212 specifies ``any
discrepancy,'' for this AD ``any discrepancy'' is defined as the
valve not opening or closing as commanded during the operational
check.
    (6) Paragraph (8) of EASA AD 2019-0212 specifies to report
inspection results to Airbus Defense and Space S.A. within a certain
compliance time. For this AD, report inspection results at the
applicable time specified in paragraph (h)(6)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 60 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report within 60 days after the effective date
of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j)(2) of
this AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
Defense and Space S.A.'s EASA Design Organization Approval (DOA).

If approved by the DOA, the approval must include the DOA-authorized
signature.
    (3) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
All responses to this collection of information are mandatory as
required by this AD. Send comments regarding this burden estimate or
any other aspect of this collection of information, including
suggestions for reducing this burden to Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

(j) Related Information

    (1) For information about EASA AD 2019-0212, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet www.easa.europa.eu. You
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-1134.
    (2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax<PHONE_NUMBER>; email
[email protected].

    Issued on December 11, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-27691 Filed 12-16-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16265-16268]
[FR Doc No: 2022-05975]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94428; File No. SR-FINRA-2022-005]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Extend the Pilot Period Related to FINRA Rule
6121.02 (Market-Wide Circuit Breakers in NMS Stocks)

March 16, 2022.
    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 10, 2022, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by 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\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    FINRA is proposing to extend the pilot period related to FINRA Rule
6121.02 (Market-wide Circuit Breakers in NMS Stocks) to the close of
business on April 18, 2022.
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    FINRA proposes to extend the pilot related to the market-wide
circuit breaker in Rule 6121.02 to the close of business on April 18,
2022.
Background
    The Market-Wide Circuit Breaker (``MWCB'') rules, including FINRA
Rule 6121.02, provide an important, automatic mechanism that is invoked
to promote stability and investor confidence during periods of
significant stress when cash equities securities experience extreme
market-wide declines. The MWCB rules are designed to slow the effects
of extreme price declines through coordinated trading halts across both
cash equity and equity options securities markets.

    The cash equities rules governing MWCBs were first adopted in 1988
and, in 2012, FINRA and all U.S. cash equity exchanges amended their
cash equities uniform rules on a pilot basis (the ``Pilot Rules,''
i.e., for FINRA, Rule 6121.02).\4\ The Pilot Rules currently provide
for trading halts in all cash equity securities during a severe market
decline as measured by a single-day decline in the S&P 500 Index
(``SPX'').\5\ Under the Pilot Rules, a market-wide trading halt will be
triggered if SPX declines in price by specified percentages from the
prior day's closing price of that index. The triggers are set at three
circuit breaker thresholds: 7% (Level 1), 13% (Level 2), and 20% (Level
3). A market decline that triggers a Level 1 or Level 2 halt after 9:30
a.m. and before 3:25 p.m. would halt market-wide trading for 15
minutes, while a similar market decline at or after 3:25 p.m. would not
halt market-wide trading. (Level 1 and Level 2 halts may occur only
once a day.) A market decline that triggers a Level 3 halt at any time
during the trading day would halt market-wide trading for the remainder
of the trading day.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-BATS-2011-038; SR-BYX-2011-
025; SR-BX-2011-068; SR-CBOE-2011-087; SR-C2-2011-024; SR-CHX-2011-
30; SR-EDGA-2011-31; SR-EDGX-2011-30; SR-FINRA-2011-054; SR-ISE-
2011-61; SR-NASDAQ-2011-131; SR-NSX-2011-11; SR-NYSE-2011-48; SR-
NYSEAmex-2011-73; SR-NYSEArca-2011-68; SR-Phlx-2011-129) (``Pilot
Rules Approval Order'').
    \5\ The rules of the equity options exchanges similarly provide
for a halt in trading if the cash equity exchanges invoke a MWCB
Halt. See, e.g., NYSE Arca Rule 6.65-O(d)(4).
---------------------------------------------------------------------------

    The Commission approved the Pilot Rules, the term of which was to
coincide with the pilot period for the Plan to Address Extraordinary
Market Volatility Pursuant to Rule 608 of Regulation NMS (the ``LULD
Plan''),\6\ including any extensions to the pilot period for the LULD
Plan.\7\ In April 2019, the Commission approved an amendment to the
LULD Plan for it to operate on a permanent, rather than pilot,
basis.\8\ In conjunction with the proposal to make the LULD Plan
permanent, FINRA amended Rule 6121.02 to untie Rule 6121.02's
effectiveness from that of the LULD Plan and to extend Rule 6121.02's
effectiveness to the close of business on October 18, 2019.\9\ FINRA
subsequently amended Rule 6121.02 to extend Rule 6121.02's
effectiveness for an additional year to the close of business on
October 18, 2020,\10\ then until the close of business on October 18,
2021.\11\ Most recently, FINRA extended the pilot until the close of
business on March 18, 2022.\12\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down
Release''). The LULD Plan provides a mechanism to address
extraordinary market volatility in individual securities.
    \7\ See Securities Exchange Act Release Nos. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (Order Approving File No. SR-
FINRA-2011-054); and 68778 (January 31, 2013), 78 FR 8668 (February
6, 2013) (Notice of Filing and Immediate Effectiveness of File No.
SR-FINRA-2013-011) (Proposed Rule Change to Delay the Operative Date
of FINRA Rule 6121.02).
    \8\ See Securities Exchange Act Release No. 85623 (April 11,
2019), 84 FR 16086 (April 17, 2019) (Order Approving the Eighteenth
Amendment to the National Market System Plan To Address
Extraordinary Market Volatility).
    \9\ See Securities Exchange Act Release No. 85547 (April 8,
2019), 84 FR 14981 (April 12, 2019) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2019-010).
    \10\ See Securities Exchange Act Release No. 87078 (September
24, 2019), 84 FR 51669 (September 30, 2019) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2019-023).
    \11\ See Securities Exchange Act Release No. 90160 (October 13,
2020), 85 FR 67072 (October 21, 2020) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2020-033).
    \12\ See Securities Exchange Act Release No. 93300 (October 13,
2021), 86 FR 57867 (October 19, 2021) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2021-027).
---------------------------------------------------------------------------

    FINRA now proposes to amend Rule 6121.02 to extend the pilot to the
close of business on April 18, 2022. This filing does not propose any
substantive or additional changes to Rule 6121.02.
The MWCB Task Force and the March 2020 MWCB Events
    In late 2019, Commission staff requested the formation of a MWCB
Task Force (``Task Force'') to evaluate the operation and design of the
MWCB mechanism. The Task Force included representatives from the SROs,
the Commission, CME, the Commodity Futures Trading Commission
(``CFTC'') and the securities industry, and conducted several
organizational meetings in December 2019 and January 2020.
    In Spring 2020, the MWCB mechanism proved itself to be an effective
tool for protecting markets through turbulent times. In March 2020, at
the outset of the worldwide COVID-19 pandemic, U.S. equities markets
experienced four MWCB Level 1 halts, on March 9, 12, 16, and 18, 2020.
In each instance, the markets halted as intended upon a 7% drop in the
S&P 500 Index, and resumed as intended 15 minutes later.
    In response to these events, in the Spring and Summer of 2020, the
Task Force held ten meetings that were attended by Commission staff,
with the goal of performing an expedited review of the March 2020 halts
and identifying any areas where the MWCB mechanism had not worked
properly. Given the risk of unintended consequences, the Task Force did
not recommend changes that were not rooted in a noted deficiency. The
Task Force recommended creating a process for a backup reference price
in the event that SPX were to become unavailable, and enhancing
functional MWCB testing. The Task Force also asked CME to consider
modifying its rules to enter into a limit-down state in the futures
pre-market after a 7% decline instead of 5%. CME made the requested
change, which became effective on October 12, 2020.\13\
---------------------------------------------------------------------------

    \13\ See https://www.cmegroup.com/content/dam/cmegroup/market-regulation/rule-filings/2020/9/20-392_1.pdf; https://www.cmegroup.com/content/dam/cmegroup/market-regulation/rule-filings/2020/9/20-392_2.pdf.
---------------------------------------------------------------------------

The MWCB Working Group's Study
    On September 17, 2020, the Director of the Commission's Division of
Trading and Markets asked the SROs to conduct a more complete study of
the design and operation of the Pilot Rules and the LULD Plan during
the period of volatility in the Spring of 2020.
    In response to the request, the SROs created a MWCB ``Working
Group'' composed of SRO representatives and industry advisers that
included members of the advisory committees to both the LULD Plan and
the NMS Plans governing the collection, consolidation, and
dissemination of last-sale transaction reports and quotations in NMS
Stocks. The Working Group met regularly from September 2020 through
March 2021 to consider the Commission's request, review data, and
compile its study. The Working Group's efforts in this respect
incorporated and built on the work of an MWCB Task Force.
    The Working Group submitted its study to the Commission on March
31, 2021 (the ``Study'').\14\ In addition to a timeline of the MWCB
events in March 2020, the Study includes a summary of the analysis and
recommendations of the MWCB Task Force; an evaluation of the operation
of the Pilot Rules during the March 2020 events; an evaluation of the
design of the current MWCB system; and the Working Group's conclusions
and recommendations.
---------------------------------------------------------------------------

    \14\ See Report of the Market-Wide Circuit Breaker (``MWCB'')
Working Group Regarding the March 2020 MWCB Events, submitted March
31, 2021 (the ``Study''), available at https://www.nyse.com/publicdocs/nyse/markets/nyse/Report_of_the_Market-Wide_Circuit_Breaker_Working_Group.pdf.
---------------------------------------------------------------------------

    In the Study, the Working Group concluded: (1) The MWCB mechanism
set out in the Pilot Rules worked as intended during the March 2020
events; (2) the MWCB halts triggered in March 2020 appear to have had
the intended effect of calming volatility in the market, without
causing harm; (3) the

design of the MWCB mechanism with respect to reference value (SPX),
trigger levels (7%/13%/20%), and halt times (15 minutes) is
appropriate; (4) the change implemented in Amendment 10 to the Plan to
Address Extraordinary Market Volatility (the ``Limit Up/Limit Down
Plan'' or ``LULD Plan'') did not likely have any negative impact on
MWCB functionality; and (5) no changes should be made to the mechanism
to prevent the market from halting shortly after the opening of regular
trading hours at 9:30 a.m.
    In light of the foregoing conclusions, the Working Group also made
several recommendations, including that the Pilot Rules should be
permanent without any changes.\15\
---------------------------------------------------------------------------

    \15\ See the Study, supra note 14, at 46.
---------------------------------------------------------------------------

Proposal To Extend the Operation of the Pilot Rules Pending the
Commission's Consideration of the NYSE's Filing To Make the Pilot Rules
Permanent
    On July 16, 2021, the NYSE proposed a rule change to make the Pilot
Rules permanent, consistent with the Working Group's
recommendations.\16\ On August 27, 2021, the Commission extended its
time to consider the NYSE's proposed rule change to October 20,
2021.\17\ On September 30, 2021, the Commission instituted proceedings
to determine whether to approve or disapprove the NYSE's proposed rule
change.\18\ On January 7, 2022, the Commission extended its time to act
on the proceedings to determine whether to approve or disapprove the
NYSE's proposed rule change to March 19, 2022.\19\ FINRA now proposes
to extend the expiration date of FINRA Rule 6121.02 to the end of
business on April 18, 2022 to provide additional time to permit FINRA
to prepare a proposed rule change to make the market-wide circuit
breaker pilot under Rule 6121.02 permanent if the Commission approves
the NYSE's proposed rule change to make the Pilot Rules permanent.
---------------------------------------------------------------------------

    \16\ See Securities Exchange Act Release No. 92428 (July 16,
2021), 86 FR 38776 (July 22, 2021) (Notice of Filing File No. SR-
NYSE-2021-40).
    \17\ See Securities Exchange Act Release No. 92785A (August 27,
2021), 86 FR 50202 (September 7, 2021) (Notice of Designation of a
Longer Period for Commission Action on File No. SR-NYSE-2021-40).
    \18\ See Securities Exchange Act Release No. 93212 (September
30, 2021), 86 FR 55066 (October 5, 2021) (Order Instituting
Proceedings to Determine Whether to Approve or Disapprove File No.
SR-NYSE-2021-40).
    \19\ See Securities Exchange Act Release No. 93933 (January 7,
2022), 87 FR 2189 (January 13, 2022) (Notice of Designation of a
Longer Period for Commission Action on Proceedings to Determine
Whether to Approve or Disapprove File No. SR-NYSE-2021-40).
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days from the date
of filing, so that FINRA can implement the proposed rule change
immediately.
2. Statutory Basis
    FINRA believes that its proposal is consistent with Section 15A(b)
of the Act,\20\ in general, and furthers the objectives of Section
15A(b)(6) of the Act,\21\ in particular, in that it is designed 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 market-wide circuit breaker mechanism under Rule 6121.02
is an important, automatic mechanism that is invoked to promote
stability and investor confidence during a period of significant stress
when securities markets experience extreme broad-based declines.
Extending the market-wide circuit breaker pilot under Rule 6121.02 for
an additional month would ensure the continued, uninterrupted operation
of a consistent mechanism to halt trading across the U.S. markets while
FINRA prepares a proposed rule change to make the market-wide circuit
breaker pilot under Rule 6121.02 permanent if the Commission approves
the NYSE's proposed rule change to make the Pilot Rules permanent.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78o-3(b).
    \21\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    FINRA also believes that the proposed rule change promotes just and
equitable principles of trade in that it promotes transparency and
uniformity across markets concerning when and how to halt trading in
all stocks as a result of extraordinary market volatility. Based on the
foregoing, FINRA believes the benefits to market participants under
Rule 6121.02 should continue on a pilot basis because they will promote
fair and orderly markets and protect investors and the public interest.

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

    FINRA does not believe that the proposed rule change will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act because the proposal would ensure the
continued, uninterrupted operation of a consistent mechanism to halt
trading across the U.S. markets while FINRA prepares a proposed rule
change to make the market-wide circuit breaker pilot under Rule 6121.02
permanent if the Commission approves the NYSE's proposed rule change to
make the Pilot Rules permanent.
    Further, FINRA understands that other SROs will file proposals to
extend their rules regarding the market-wide circuit breaker pilot.
Thus, the proposed rule change will help to ensure consistency across
market centers without implicating any competitive issues.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \22\ and Rule 19b-
4(f)(6)(iii) thereunder.\23\
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \23\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4 requires a
self-regulatory organization to give the Commission written notice
of its intent to file a proposed rule change under that subsection
at least five business days prior to the date of filing, or such
shorter time as designated by the Commission. FINRA has fulfilled
this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \24\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\25\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. FINRA asked that the
Commission waive the 30 day operative delay so that the proposal may
become operative immediately upon filing. Extending the Pilot Rules'
effectiveness to the close of business on April 18, 2022 will extend
the protections provided by the Pilot Rules, which would otherwise
expire in less than 30 days. Waiver of the operative delay would
therefore permit uninterrupted continuation of the MWCB pilot while the
Commission reviews the NYSE's proposed rule change to make the Pilot
Rules permanent. Therefore, the Commission hereby waives the 30-day

operative delay and designates the proposed rule change as operative
upon filing.\26\
---------------------------------------------------------------------------

    \24\ 17 CFR 240.19b-4(f)(6).
    \25\ 17 CFR 240.19b-4(f)(6)(iii).
    \26\ For purposes only of waiving the 30-day operative delay,
the Commission has also 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 summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-FINRA-2022-005 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2022-005. 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 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of FINRA. 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-
FINRA-2022-005 and should be submitted on or before April 12, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-05975 Filed 3-21-22; 8:45 am]
BILLING CODE 8011-01-P


ability of such market participants to compete. Since the pricing for
the Exchange Data Feeds was announced by the Exchange, the Exchange has
received no official complaints from Members, non-Members, or third-
parties that redistribute the Exchange Data Feeds, that the Exchange's
fees or the proposed fees for Exchange Data Feeds would negatively
impact their abilities to compete with other market participants or
that they are placed at a disadvantage relative to others. The Exchange
does not believe that the proposed fees for Exchange Data Feeds place
certain market participants at a relative disadvantage to other market
participants because, as noted above, the proposed fees are associated
with usage of Exchange Data Feeds by each market participant based on
the type of business they operate, and the decision to subscribe to one
or more Exchange Data Feeds is based on objective differences in usage
of Exchange Data Feeds among different Firms, which are still
ultimately in the control of any particular Firm, and such fees do not
impose a barrier to entry to smaller participants. Accordingly, the
proposed fees for Exchange Data Feeds do not favor certain categories
of market participants in a manner that would impose a burden on
competition; rather, the allocation of the proposed fees reflects the
types of Exchange Data Feeds consumed by various market participants
and their usage thereof.
    As noted above, the current subscribers to the Exchange Data Feeds
began changing their behavior in response to the imposition of fees as
predicted in the Initial Proposal and as described herein. Following
the date that fees for the Exchange Data Feeds were officially
announced, fifteen (15) out of seventy-nine (79) subscribers,
representing 19% of the subscribers to such data feeds, modified or
canceled their subscriptions before the fees went into effect. In each
instance, the subscriber told the Exchange that the reason for
modifying or cancelling its subscription was the imminent imposition of
fees. These modifications and cancellations are evidence that
subscribing to the Exchange Data Feeds is discretionary, that each
customer makes the decision whether to subscribe based on its own
analysis of the benefits and costs to itself, and that customers can
and do make those decisions quickly based on reactions to fee changes.
Prior to the imposition of fees, four (4) customers (or 5% of market
data subscribers) informed the Exchange that if the Exchange imposes
the fees as proposed, such customers will limit their subscription the
MEMOIR Top feed and/or the MEMOIR Last Sale feed, rather than the
MEMOIR Depth feed, which is more expensive under the proposed fees.
Notably, three (3) of these customers are active trading participants
on the Exchange and have continued to participate on the Exchange
without use of the Exchange's MEMOIR Depth feed. In addition, eleven
(11) customers of the Exchange that were subscribed to receive Exchange
Data Feeds have cancelled their subscriptions to such data feeds
entirely (representing approximately 14% of market data subscribers).
Five (5) of the eleven (11) customers that have cancelled all
subscriptions to Exchange Data Feeds actively trade on the Exchange and
have informed the Exchange that they will rely instead on SIP data to
participate on the Exchange. This is clear evidence that the
availability of these substitute products constrains the Exchange's
ability to charge supra-competitive prices for the Exchange Data Feeds.
The Exchange notes that the remaining customers that modified or
cancelled their subscriptions to the Exchange Data Feeds (seven
customers total) are not trading participants on the Exchange and
likely subscribed to the Exchange Data Feeds initially because they
were free but determined to cancel such subscriptions now that the
Exchange is charging market data fees.
Inter-Market Competition
    The Exchange does not believe the proposed fees place an undue
burden on competition on other SROs that is not necessary or
appropriate. In particular, market participants are not forced to
subscribe to any of the Exchange Data Feeds, as described above.
Additionally, other exchanges have similar market data fees in place
for their participants,

but with higher rates to connect.\84\ The Exchange is also unaware of
any assertion that the proposed fees for Exchange Data Feeds would
somehow unduly impair its competition with other exchanges.
---------------------------------------------------------------------------

    \84\ See supra notes 26-27; see supra note 29 and accompanying
text.
---------------------------------------------------------------------------

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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)(ii) of the Act \85\ and Rule 19b-4(f)(2) \86\ thereunder.
---------------------------------------------------------------------------

    \85\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \86\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-MEMX-2022-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MEMX-2022-14. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MEMX-2022-14 and should be submitted on
or before June 30, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\87\
---------------------------------------------------------------------------

    \87\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-12401 Filed 6-8-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 25, 2006 (Volume 71, Number 206)]
[Notices]
[Page 62457]
[DOCID:fr25oc06-44]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0162; FRL-8100-4]

Carbofuran; Interim Reregistration Eligibility Decision;
Extension of Comment Period

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice; extension of comment period.

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

SUMMARY:  EPA issued a notice in the Federal Register of August 30,
2006, concerning the availability of the Interim Reregistration
Eligibility Decision for the N-methyl carbamate pesticide carbofuran.
This document is extending the comment period for 30 days, from October
30, 2006, to November 30, 2006.

DATES:  Comments, identified by docket identification (ID) number EPA-
HQ-OPP-2005-0162 must be received on or before November 30, 2006.

ADDRESSES:  Follow the detailed instructions as provided under
ADDRESSES in the Federal Register document of August 30, 2006.

FOR FURTHER INFORMATION CONTACT:  Stephanie Plummer, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the notice of August 30, 2006 a list of
those who may be potentially affected by this action. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
     iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
     viii. Make sure to submit your comments by the comment period
deadline identified.

C. How and to Whom Do I Submit Comments?

    To submit comments, or access the official public docket, please
follow the detailed instructions as provided in SUPPLEMENTARY
INFORMATION of the August 30, 2006 Federal Register document. If you
have questions, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

II. What Action is EPA Taking?

    This document extends the public comment period established in the
Federal Register of August 30, 2006 (71 FR 51610) (FRL-8088-2). In that
document, EPA announced the availability of the Interim Reregistration
Eligibility Decision document for the N-methyl carbamate pesticide
carbofuran. EPA is hereby extending the comment period, which was set
to end on October 30, 2006, to November 30, 2006.

III. What is the Agency's Authority for Taking this Action?

     Section 4(g)(2) of FIFRA, as amended, directs that, after
submission of all data concerning a pesticide active ingredient, the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration. Further provisions are made
to allow a public comment period. However, the Administrator may extend
the comment period, if additional time for comment is requested. In
this case, the registrant, FMC, has requested additional time.

List of Subjects

    Environmental protection, Pesticides and Pests.

    Dated: October 18, 2006.
Debra Edwards,
Director, Special Review and Reregistration, Division, Office of
Pesticide Programs.
[FR Doc. E6-17860 Filed 10-24-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: December 4, 2007 (Volume 72, Number 232)]
[Notices]
[Page 68142-68143]
[DOCID:fr04de07-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12868-000]

 FFP Project 26, LLC; Notice of Application Accepted for Filing
and Soliciting Comments, Motions To Intervene, and Protests

November 26, 2007.
    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: 12868-000.
    c. Date Filed: July 25, 2007.
    d. Applicant: FFP Project 26, LLC.
    e. Name of Project: Manchac Point Project.
    f. Location: The project would be located on the Mississippi River
in West Baton Rouge, East Baton Rouge, and Iberville Parishes,
Louisiana. The project uses no dam or impoundment.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Dan Irvin, FFP Project 26, LLC, 69 Bridge
Street, Manchester, MA 01944, phone<PHONE_NUMBER>.
    i. FERC Contact: Mr. Robert Bell,<PHONE_NUMBER>.
    j. 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:
Kimberly D. Bose, 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-12868-000) 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.
    k. Competing Application: Project No. 12822-000, Date Filed: July
23, 2007, Date Issued: October 2, 2007, Due Date: December 1, 2007.
    l. Description of Project: The proposed project consists of: (1)
2,350 proposed 20 kilowatt Free Flow generating units having a total
installed capacity of 47 megawatts, (2) a proposed transmission line,
and (3) appurtenant facilities. The FFP Project 26, LLC's project would
have an average annual generation of 205.86 gigawatt-hours and be sold
to a local utility.
    m. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference

Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426,
or by calling<PHONE_NUMBER>. This filing may also be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''

link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, call toll-
free 1-866-208-3676 or e-mail<EMAIL_ADDRESS>For TTY, call
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in item h. above.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. 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
and 4.36.
    p. 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 and 4.36.
    q. 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.
    r. 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.
    s. 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.
    t. 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.
    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.
    u. 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.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-23430 Filed 12-3-07; 8:45 am]

BILLING CODE 6717-01-P