[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Notices]
[Pages 40101-40103]
[FR Doc No: 2014-16269]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9913-43-OA]

Notification of a Public Meeting of the Science Advisory Board
Advisory Panel on EPA's Report on the Environment 2014

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) Science Advisory
Board (SAB) Staff Office announces a public meeting of the SAB Advisory
Panel on EPA's Report on the Environment (ROE) 2014.

DATES: The SAB Advisory Panel on EPA's Report on the Environment 2014
public meeting will be held on Wednesday, July 30, 2014, from 9:00 a.m.
to 5:00 p.m. Eastern Time and Thursday, July 31, 2014, from 8:30 a.m.
to 4:00 p.m. Eastern Time.

ADDRESSES: The public meeting will be held at the J.W. Marriott, 1331
Pennsylvania Avenue NW., Washington, DC 20004.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wishes
further information concerning the public meeting may contact Ms.
Stephanie Sanzone, Designated Federal Officer (DFO), via telephone at
(202) 564-2067 or email at<EMAIL_ADDRESS>General
information concerning the SAB can be found on the EPA Web site at
http://www.epa.gov/sab.

SUPPLEMENTARY INFORMATION:

Background

    The SAB was established pursuant to the Environmental Research,
Development, and Demonstration Authorization Act (ERDDAA), codified at
42 U.S.C. 4365, to provide independent scientific and technical advice
to the Administrator on the technical basis for agency positions and
regulations. The SAB is a federal advisory committee chartered under
the Federal Advisory Committee Act (FACA), 5 U.S.C., App. 2. The SAB
and its panels will comply with the provisions of FACA and all
appropriate SAB Staff Office procedural policies. Pursuant to FACA and
EPA policy, notice is hereby given that the SAB Advisory Panel on EPA's
Report on the Environment 2014 will hold a public meeting to discuss
the Agency's draft Report on the Environment (ROE) 2014. This SAB panel
will provide advice to the Administrator through the chartered SAB.
    EPA's ROE compiles and maintains indicators on the status and
trends for environmental and human health conditions related to the
mission of the agency. The indicators are focused on informing
questions of interest to the EPA and its mission of protecting the
environment and human health. The EPA's first ROE was released in draft
in 2003 with the corresponding final report released in 2008 in hard
copy and online format. The SAB provided advice on two draft versions
leading up to the 2008 ROE; the findings and recommendations of those
SAB reviews are available on the SAB Web site at www.epa.gov/sab (see
reports EPA-SAB-05-004 and EPA-SAB-08-007). In 2009, SAB members
provided additional input to inform the continued development of future
versions of the ROE (see report EPA-SAB-09-017). In response to
suggestions from the SAB and additional comments from users of the ROE,
the EPA developed the draft ROE 2014 as an entirely web-based product.
    The EPA's Office of Research and Development has requested that the
SAB review and comment on the recently released draft of the ROE Web
site (http://www.epa.gov/draftroe) with particular attention to the new
features added since the release of the 2008 report. Specifically, the
Agency has requested the SAB to comment on the clarity of the ROE
objectives for various audiences, the overarching conceptual framework
based on a sustainability theme, the addition of statistical
information for individual indicators, and the presentation of the ROE
2014 features in an online format.
    The EPA made the draft ROE 2014 Web site available for public
comment through April 27, 2014 (see https://www.federalregister.gov/articles/2014/03/27/2014-06824/draft-revised-epas-report-on-the-environment-2014). Public comments received by the agency will be
provided to the SAB panel.
    The purpose of the July 30-31, 2014, meeting is for the SAB Panel
to be briefed on the ROE 2014 and to develop draft responses to a set
of EPA charge questions. Additional information about this advisory
activity, including the process for forming the SAB panel, can be found
at the following URL: http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/ROE%202014?OpenDocument.

Technical Contacts

    Any technical questions concerning EPA's draft ROE 2014 should be
directed to Dr. Jeffrey Frithsen at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>
Availability of Meeting Materials

    The external review draft of the ROE 2014 is available at http://www.epa.gov/draftroe. Additional information, including the meeting
agenda, the EPA charge and other materials provided to the panel, will
be accessible prior to the meeting through the calendar link on the
blue navigation bar at http://www.epa.gov/sab/.

Procedures for Providing Public Input

    Public comment for consideration by EPA's federal advisory
committees and panels has a different purpose from public comment
provided to EPA program offices. Therefore, the process for submitting
comments to a federal advisory committee is different from the process
used to submit comments to an EPA program office. Federal advisory
committees and panels, including scientific advisory committees,
provide independent advice to the EPA. Interested members of the public
may submit relevant written or oral information on the topic of this
advisory activity (including the review materials and the charge), and/
or the group conducting the activity, for the SAB to consider during
the advisory process. Input from the public to the SAB will have the
most impact if it provides specific scientific or technical information
or analysis for SAB committees to consider or if it relates to the
clarity or accuracy of the technical information. Members of the public
wishing to provide comment should contact the DFO directly. Oral
Statements: In general, individuals or groups requesting an oral
presentation at a public meeting will be limited to five minutes.
Interested parties should contact Ms. Stephanie Sanzone, DFO, in
writing (preferably via email) at the contact information noted above
by July 23, 2014, to be placed on the list of public speakers for the
meeting.
    Written Statements: Written statements should be supplied to the
DFO via email at the contact information noted above by July 23, 2014,
so that the information may be made available to the panel members for
their consideration prior to the meeting. Written statements should be
supplied in one of the following electronic formats: Adobe Acrobat PDF,
MS Word, MS PowerPoint, or Rich Text files in IBM-PC/Windows 98/2000/XP
format. It is the SAB Staff Office general policy to post written
comments on the Web page for the advisory meeting or teleconference.
Submitters are requested to provide an unsigned version of each
document because the SAB Staff Office does not publish documents with
signatures on its Web sites. Members of the public should be aware that
their personal contact information, if included in any written
comments, may be posted to the SAB Web site. Copyrighted material will
not be posted without explicit permission of the copyright holder.

Accessibility

    For information on access or services for individuals with
disabilities, please contact Ms. Stephanie Sanzone at<PHONE_NUMBER> or
<EMAIL_ADDRESS>To request accommodation of a disability,
please contact Ms. Sanzone preferably at least ten days prior to the
meeting to give EPA as much time as possible to process your request.

    Dated: June 25, 2014.
Christopher Zarba,
Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2014-16269 Filed 7-10-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 4, 2009 (Volume 74, Number 232)]
[Notices]
[Page 63807-63808]
[DOCID:fr04de09-115]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61068; File No. SR-CBOE-2009-089]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change Related to
Stock-Option Orders

November 27, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on November 18, 2009, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') filed with the Securities and
Exchange Commission (the ``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the self-regulatory organization. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange is proposing to amend its complex order RFR auction
(``COA'') as it applies to stock-option orders. The text of the
proposed rule change is available on the Exchange's Web site (http://
www.cboe.org/Legal), at the Office of the Secretary, CBOE and at the
Commission.

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

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

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

1. Purpose
    Prior to routing to the complex order book (``COB'') or once on
PAR, eligible complex orders may be subjected to an automated COA
process where orders are exposed for price improvement. Currently, if a
market order cannot be filled in whole or in a permissible ratio at the
conclusion of COA, then the order (or any remaining balance) will route
to PAR for manual handling.
    The Exchange is proposing to revise the operation of COA as it
relates to market stock-option orders that contain one or more option
leg(s). The Exchange is proposing to revise the COA process so that,
instead of routing to PAR for manual handling, the Exchange may
determine on a class-by-class basis that any remaining balance of the
option leg(s) will automatically route to CBOE's Hybrid System for
processing as a simple market order(s) consistent with CBOE's order
execution rules and any remaining balance of the stock leg will
automatically route to the CBOE Stock Exchange (``CBSX''), CBOE's stock
facility, for processing as a simple market order consistent with CBSX
order execution rules.\4\ This change will assist in the automatic
execution and processing of stock-option orders that are market orders.
---------------------------------------------------------------------------

    \4\ Pursuant to Rule 6.53C.01, any determination by the Exchange
to route complex market orders in this manner will be announced to
the membership via Regulatory Circular.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the Act
\5\ in general and furthers the objectives of Section 6(b)(5) of the
Act \6\ in particular in that it should promote just and equitable
principles of trade, serve to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
protect investors and the public interest. The proposed rule change
will assist in the automatic execution and processing of stock-option
orders that are market orders.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE 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.

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2009-089 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2009-089. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549-1090. Copies of the filing will

also be available for inspection and copying at the Exchange's
principal office. All comments received will be posted without change;
the Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
CBOE-2009-089 and should be submitted on or before December 28, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-28891 Filed 12-3-09; 8:45 am]

BILLING CODE 8011-01-P


   DEPARTMENT OF HEALTH & HUMAN SERVICES default		         		Public
Health Service

 ADVANCE \r360  ADVANCE \d3 	Food and Drug Administration

 ADVANCE \r360 	Rockville, MD  20857

August 18, 2005

Mr. Lee Sanders

Mr. Paul C. Abenante

American Bakers Association

1350 I Street, N.W., Suite 1290

Washington, DC  20005-3305

Dear Mr. Sanders and Mr. Abenante:

Your petition requesting the Food and Drug Administration to amend the
food definitions and

standards of identity for bakery products (21 C.F.R. Part 136) and to
repeal the food definition

and standard of identity and quality for frozen cherry pie (21 C.F.R.
Part 152), was received by this

office on 08/18/2005.  It was assigned docket number 2005P-0332/CP 1 and
it was filed on 08/18/2005.  Please  refer to this docket number in
future correspondence on this subject with

the Agency.

Please note that the acceptance of the petition for filing is a
procedural matter in that it in no

Way reflects an agency decision on the substantive merits of the
petition.

Sincerely,

Lyle D. Jaffe

Division of Dockets Management

Office of Management Programs

Office of Management


[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Notices]
[Page 37092]
[FR Doc No: 2020-13242]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Effectiveness of Exempt Wholesale Generator Status

------------------------------------------------------------------------
                                                   Docket Nos.
------------------------------------------------------------------------
Frontier Windpower II, LLC.............  EG20-88-000
Coyote Wind, LLC.......................  EG20-89-000
Roundhouse Renewable Energy, LLC.......  EG20-90-000
Oliver Wind II, LLC....................  EG20-91-000
Anson Solar Center, LLC................  EG20-92-000
Bluestone Farm Solar, LLC..............  EG20-93-000
Whitehorn Solar LLC....................  EG20-94-000
Las Majadas Wind Farm, LLC.............  EG20-95-000
Milligan 1 Wind LLC....................  EG20-96-000
King Plains Wind Project, LLC..........  EG20-97-000
Johanna Energy Center, LLC.............  EG20-98-000
Dakota Range III, LLC..................  EG20-99-000
Triple H Wind Project, LLC.............  EG20-100-000
Las Lomas Wind Project, LLC............  EG20-101-000
Prairie Hill Wind Project, LLC.........  EG20-102-000
Mechanicsville Solar, LLC..............  EG20-103-000
Albemarle Beach Solar, LLC.............  EG20-104-000
RE Mustang Two Barbaro, LLC............  EG20-105-000
RE Mustang Two Whirlaway, LLC..........  EG20-106-000
LA3 West Baton Rouge, LLC..............  EG20-107-000
Yards Creek Energy, LLC................  EG20-108-000
Inter-Power/AhlCon Partners, L.P.......  EG20-109-000
Northern Colorado Wind Energy Center,    EG20-110-000
 LLC.
------------------------------------------------------------------------

    Take notice that during the month of May 2020, the status of the
above-captioned entities as Exempt Wholesale Generators became
effective by operation of the Commission's regulations. 18 CFR 366.7(a)
(2019).

    Dated: June 15, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-13242 Filed 6-18-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 7 (Monday, January 12, 2015)]
[Notices]
[Pages 1572-1575]
[FR Doc No: 2015-00216]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73997; File No. SR-NYSE-2014-70]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending Its Price List to Eliminate Transaction Fees for Midpoint
Passive Liquidity Orders That Remove Liquidity From the Exchange and
That Are Designated With a ``Retail'' Modifier as Defined in Rule 13

January 6, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 22, 2014, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.

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

    The Exchange proposes to amend its Price List to eliminate
transaction fees for Midpoint Passive Liquidity (``MPL'') Orders that
remove liquidity from the Exchange and that are designated with a
``retail'' modifier as defined in Rule 13. The Exchange proposes to
implement the fee change effective January 2, 2015. The text of the
proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Price List to eliminate
transaction fees for MPL Orders that remove liquidity from the Exchange
and that are designated with a ``retail'' modifier as defined in Rule
13. The Exchange proposes to implement the fee change effective January
2, 2015.
    For securities priced $1.00 or greater, the Exchange currently
charges a fee of $0.0025 per share per transaction for all MPL Orders
\4\ that remove liquidity from the NYSE.\5\ Floor brokers are currently
charged the same price for MPL Orders that remove liquidity from the
Exchange. The Exchange proposes to eliminate the fee for all MPL Orders
that remove liquidity from the Exchange and that are designated with a
``retail'' modifier as defined in Rule 13, including MPL Orders entered
by Floor brokers.
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    \4\ MPL Order is defined in Rule 13 as an undisplayed limit
order that automatically executes at the mid-point of the protected
best bid or offer (``PBBO'').
    \5\ MPL Orders that take liquidity do not count toward a
member's or member organization's overall level of providing volume
for purposes of other pricing on the Exchange that is based on such
levels (e.g., the Tier 1, Tier 2 and Tier 3 Adding Credits).
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    To be eligible for the proposed pricing for MPL Orders, an MPL
Order would need to meet the requirements to be designated as
``retail'' pursuant to Rule 13. An order designated as ``retail'' under
Rule 13 is an agency or riskless principal order that meets the
criteria of Financial Industry Regulatory Authority, Inc. Rule 5320.03
and that (1) originates from a natural person and (2) is submitted to
the Exchange by a member organization, provided that no change is made
to the terms of the order with respect to price or side of market and
the order does not originate from a trading algorithm or any other
computerized methodology.\6\
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    \6\ An order designated as ``retail'' under Rule 13 is separate
and distinct from a ``Retail Order'' within the Retail Liquidity
Program under Rule 107C. The proposed rule change solely concerns
orders designated as ``retail'' pursuant to Rule 13.
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    To submit an order with a ``retail'' modifier, a member or member
organization must submit an attestation, in a form prescribed by the
Exchange, that substantially all orders submitted as ``retail'' will
qualify as such. Further, Rule 13 requires a member organization to
have written policies and procedures reasonably designed to assure that
it will only designate orders as ``retail'' if all requirements are
met.\7\ In addition, a member organization would be required to
designate such MPL Order as ``retail'' pursuant to Rule 13.\8\
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    \7\ Such written policies and procedures require the member
organization to (1) exercise due diligence before entering a
``retail'' order to assure that entry as a ``retail'' order is in
compliance with the applicable requirements, and (2) monitor whether
orders entered as ``retail'' orders meet the applicable
requirements. If a member organization represents ``retail'' orders
from another broker-dealer customer, the member organization's
supervisory procedures must be reasonably designed to assure that
the orders it receives from such broker-dealer customer that it
designates as ``retail'' orders meet the definition of a ``retail''
order. The member organization must (i) obtain an annual written
representation, in a form acceptable to the Exchange, from each
broker-dealer customer that sends it orders to be designated as
``retail'' orders that entry of such orders as ``retail'' orders
will be in compliance with the applicable requirements; and (ii)
monitor whether its broker-dealer customer's ``retail'' order flow
meets the applicable requirements.
    \8\ Currently, a member organization may designate an order as
``retail'' either by means of a specific tag in the order entry
message, as with other order modifiers, or by designating a
particular member or member organization mnemonic used at the
Exchange as a ``retail mnemonic.''
---------------------------------------------------------------------------

    The Exchange proposes to retain the fee for MPL Orders (including
Floor broker MPL Orders) that remove liquidity from the Exchange but
that are not designated with a ``retail'' modifier at the current
rates. The proposed amended Price List would distinguish MPL Orders
that remove liquidity and that are designated as ``retail'' under Rule
13, which would not be charged a fee, from MPL Orders that remove
liquidity and that are not designated as ``retail'' under Rule 13, and
which would continue to be charged the existing fee for MPL Orders that
take liquidity. The Exchange proposes to make comparable amendments to
the Price List relating to pricing applicable to Floor broker
executions of MPL Orders.
    The proposed change is not otherwise intended to address any other
issues, and the Exchange is not aware of any problems that members and
member organizations would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\10\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that removing a fee for MPL Orders that
remove liquidity from the Exchange and that are designated as
``retail'' is reasonable because it will encourage the submission of
orders that meet the requirements to be designated as ``retail'' to the
Exchange, thus enhancing order execution opportunities for all
participants, but specifically retail investors. The ``retail''
modifier under Rule 13 along with its pricing is designed to
incentivize the submission of additional retail order flow to a public
market like the Exchange.\11\ Moreover, the Exchange believes that
markets and price discovery optimally function through the interactions
of diverse flow types, and also believes that growth in internalization
has required differentiation of retail order flow from other order flow
types. As the Exchange has previously noted, a significant percentage
of the orders of individual investors are executed over-the-
counter.\12\ The Exchange

accordingly further believes that the proposed change is reasonable
because it would contribute to maintaining or increasing the proportion
of retail flow in Exchange-listed securities that are executed on a
registered national securities exchange, rather than executing in off-
exchange venues.
---------------------------------------------------------------------------

    \11\ Securities Exchange Act Release Nos. 72253 (May 27, 2014),
79 FR 31353 (June 2, 2014) (SR-NYSE-2014-26) (introduction of
``retail'' modifier under Rule 13).
    \12\ Securities Exchange Act Release Nos. 71879 (April 4, 2014),
79 FR 19947 (April 10, 2014) (SR-NYSE-2014-15); see also Securities
Exchange Act Release No. 34-73702 (Nov. 28, 2014), 79 FR 72049,
72051 (Dec. 4, 2014) (order approving NASDAQ OMX BX Retail Price
Improvement Program and noting that most marketable retail order
flow is executed in the over-the-counter markets, pursuant to
bilateral agreements, without ever reaching a public exchange) (``BX
Retail Approval Order'').
---------------------------------------------------------------------------

    Finally, the Exchange notes that while the proposed price change
would treat retail order flow differently from order flow submitted by
other market participants, such segmentation would not be inconsistent
with Section 6(b)(5) of the Act,\13\ which requires that the rules of
an exchange are not designed to permit unfair discrimination. The
Commission has previously recognized that the markets generally
distinguish between retail investors, whose orders are considered
desirable by liquidity providers because such retail investors are
presumed on average to be less informed about short-term price
movements, and professional traders, whose orders are presumed on
average to be more informed.\14\ The Commission has further recognized
that, because of this distinction, liquidity providers are generally
inclined to offer price improvement to less informed retail orders than
to more informed professional orders.\15\ The Exchange believes that
the differentiation proposed herein is not designed to permit unfair
discrimination, but instead is reasonably designed to attract retail
flow to the Exchange, while helping to ensure that retail investors
benefit from the better price that liquidity providers are willing to
give their orders. The Exchange believes that the proposed increase of
retail order flow to the Exchange might also create a desirable
opportunity for institutional investors to interact with retail order
flow that they are not able to reach currently. The Exchange therefore
believes that the proposed change would further promote a competitive
process around retail executions such that retail investors would
receive better prices than they currently do through bilateral
internalization arrangements. The Exchange believes that the
transparency and competitiveness of the proposed rule change on an
exchange market would result in better prices for retail investors.\16\
The proposed change is also equitable and not unfairly discriminatory
because it would contribute to investors' confidence in the fairness of
their transactions and because it would benefit all investors by
increasing the liquidity pool and potential for price-improving
executions at the Exchange.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b)(5).
    \14\ See BX Retail Approval Order, at 72051.
    \15\ Id.
    \16\ See, e.g., Securities Exchange Act Release No. 67347 (July
3, 2012), 77 FR 40673, 40680 (July 10, 2012) (SR-NYSE-2011-55)
(order approving adoption of Retail Liquidity Program on a pilot
basis). The Exchange notes that other markets offer separate non-
tier and tiered pricing for retail orders, see NASDAQ Price List,
available at http://nasdaqtrader.com/Trader.aspx?id=PriceListTrading2, and EDGX Exchange Fee Schedule,
available at http://www.directedge.com/trading/EDGXFeeSchedule.aspx,
as well as retail price improvement pricing for ``Retail Orders''
that remove displayed liquidity or mid-point peg liquidity. See BATS
BYX Exchange Fee Schedule, available at http://cdn.batstrading.com/resources/regulation/rule_book/BATS-Exchanges_Fee_Schedules.pdf
[sic].
---------------------------------------------------------------------------

    The proposed change is also equitable and not unfairly
discriminatory because the ability to designate MPL Orders as
``retail'' is available equally to all similarly situated members and
member organizations that submit qualifying orders and satisfy the
other related, existing requirements.
    The Exchange believes that it is subject to significant competitive
forces, as described below in the Exchange's statement regarding the
burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\17\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, the Exchange believes that the proposed
change would increase competition among execution venues and encourage
additional execution opportunities on the Exchange. For the same
reasons, the proposed change also would not impose any burden on
competition among market participants. The Exchange believes that while
it is the first to offer orders with a ``retail'' modifier the ability
to take at the mid-point for free through MPL Orders, providing
significant price improvement, the proposed change also permits the
Exchange to compete with other markets, including NASDAQ, which does
not charge but provides a credit for designated Retail Orders that take
liquidity in Retail Liquidity Provider programs,\18\ as well as over-
the-counter trading that offers mid-point executions at low fees.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b)(8).
    \18\ See Securities Exchange Act Release Nos. 70860 (November
13, 2013), 78 FR 69512 (November 19, 2013) (SR-NASDAQ-2013-138).
---------------------------------------------------------------------------

    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees and rebates to remain competitive with other exchanges and
with alternative trading systems that have been exempted from
compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees and credits in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited. As a result of all of these considerations, the
Exchange does not believe that the proposed changes will impair the
ability of member organizations or competing order execution venues to
maintain their competitive standing in the financial markets.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \19\ of the Act and subparagraph (f)(2) of Rule
19b-4 \20\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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

under Section 19(b)(2)(B)\21\ of the Act to determine whether the
proposed rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2014-70 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2014-70. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549-1090, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be
available for inspection and copying at the NYSE's principal office and
on its Internet Web site at www.nyse.com. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2014-70 and should be submitted on
or before February 2, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-00216 Filed 1-9-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 105 (Monday, June 2, 2014)]
[Notices]
[Pages 31393-31400]
[FR Doc No: 2014-12676]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land-use Assurance

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of intent of waiver with respect to land; Scott AFB/
MidAmerica Airport, Belleville, Illinois.

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SUMMARY: The Federal Aviation Administration (FAA) is considering a
proposal to change 47.2262 acres of airport land from aeronautical use
to non-aeronautical use and to authorize the sale of airport property
located at Scott AFB/MidAmerica Airport, Belleville, Illinois. The
aforementioned land is not needed for aeronautical use.
    The St. Clair County Highway Department, in cooperation with the
Federal Highway Administration (FHWA) and Illinois Department of
Transportation are sponsoring a project to directly link Scott Air
Force with the interstate system by constructing a new interchange on
Interstate 64 at the Reider Road overpass (Mile Marker 21). St. Clair
County, as the airport sponsor, plans to sell the subject property at
fair market value to the St. Clair County Highway Department and
Illinois Department of Transportation for the project.

DATES: Comments must be received on or before July 2, 2014.

ADDRESSES: Documents are available for review by appointment at the FAA
Airports District Office, Gary D. Wilson, Program Manager, Federal
Aviation Administration, Chicago Airports District Office, 2300 East
Devon Avenue, Des Plaines, Illinois, 60018. Telephone Number 847-294-
7631/FAX Number<PHONE_NUMBER> and Scott AFB/MidAmerica Airport, 9656 Air
Terminal Drive, Ste 100, Mascoutah, Illinois 62258-5501, and (618) 566-
5200/Fax:<PHONE_NUMBER>.
    Written comments on the Sponsor's request must be delivered or
mailed to Mr. Gary D. Wilson, Program Manager, Federal Aviation
Administration, Chicago Airports District Office, 2300 East Devon
Avenue, Des Plaines, Illinois 60018. Telephone:<PHONE_NUMBER>/Fax:
(847) 294-7046.

FOR FURTHER INFORMATION CONTACT: Mr. Gary D. Wilson, Program Manager,
Federal Aviation Administration, Chicago Airports District Office, 2300
E. Devon Avenue, Des Plaines, Illinois 60018. Telephone: (847) 294-
7631/Fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with section 47107(h) of Title
49, United States Code, this notice is required to be published in the
Federal Register 30 days before modifying the land-use assurance that
requires the property to be used for an aeronautical purpose.
    The portion of airport property considered for release from federal
obligation is located in the northwest quadrant of the airport along
I64. The land parcels are associated with the following Airport
Improvement Program Grant numbers: 3-17-0145-04-1991; 3-17-0145-06-
1992; 3-17-0145-07-1993; 3-17-0145-08-1994, and 3-17-0146-18-2002.
Currently, ownership of the property provides for protection of part 77
surfaces and compatible land use. On September 16, 1991, the Deputy
Assistant Secretary of the Air Force (Installations) and the St. Clair
County, executed a Joint Use Agreement to develop the Scott-Joint Use
Project by acquiring land adjacent to Scott AFB. St. Clair County
acquired 4,175 acres of land during the period of 1992 through 1995.
    The disposition of proceeds from the sale of the airport property
will be in accordance with FAA's Policy and Procedures Concerning the
Use of Airport Revenue, published in the Federal Register on February
16, 1999 (64 FR 7696).
    This notice announces that the FAA is considering the release of
the subject property at Scott AFB/MidAmerica Airport, Belleville,
Illinois, from Federal land covenants, subject to a reservation for
continuing right of flight as well as restrictions on the released
property as required in FAA Order 5190.6B, section 22.16. Approval does
not constitute a commitment by the FAA to financially assist in the
disposal of the subject airport property nor a determination of
eligibility for grant-in-aid funding from the FAA.

Parcel 100002TK1 Legal Description

    Part of Lot 7 in the North Half of Section 2 in Township 1 North,
Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats
``A'', on Page 255, described as follows:

    Commencing at an iron rod set at the southwest corner of the
Northwest Quarter of said Section 2; thence on an assumed bearing of
North 00 degrees 11 minutes 45 seconds West on the west line of said
Northwest Quarter, 50.00 feet to the north right of way line of Wherry
Road (SA Route 82), as described in the Deed for Right-of-Way for
Public Road Purposes to the County of St. Clair recorded in Book 969,
Page 573 on July 23, 1951 and shown in Plat Book 45, Pages 104-105 in
said Recorder's Office, also being the Point of Beginning.
    From said Point of Beginning; thence continuing North 00 degrees 11
minutes 45 seconds West on the west line of said Northwest Quarter,
10.00 feet; thence South 89 degrees 56 minutes 49 seconds East, 394.54
feet; thence North 88 degrees 37 minutes 16 seconds East, 600.19 feet;
thence South 89 degrees 56 minutes 48 seconds East, 122.15 feet; thence
North 80 degrees 59 minutes 26 seconds East, 41.77 feet to the westerly
right of way line of Rieder Road (also known as Township Road 222, and
formerly known as Reuss Road), as described in the Deed for Right-of-
Way for Public Road Purposes to the Town of Shiloh Valley as recorded
in Book 1455, Page 165 on September 11, 1956 and shown in Plat Book 45,
Page 38 in said Recorder's Office; thence South 11 degrees 42 minutes
59 seconds West on said westerly right of way line of Rieder Road,
46.89 feet; thence South 50 degrees 59 minutes 06 seconds West, 23.23
feet to the north right of way line of the aforesaid Wherry Road;
thence the following five (5) courses and distances on said north right
of way line of Wherry Road: (1) Thence North 89 degrees 44 minutes 49
seconds West, 178.98 feet ; (2) thence North 00 degrees 02 minutes 53
seconds East, 8.36 feet; (3) thence North 89 degrees 56 minutes 48
seconds West, 422.40 feet; (4) thence westerly 205.86 feet on a curve
to the left, having a radius of 1,056.16 feet, a chord bearing North 84
degrees 21 minutes 46 seconds West, 205.54 feet; (5) thence North 89
degrees 56 minutes 48 seconds West, 324.45 feet to the Point of
Beginning.
    Said Parcel 100002TK1 herein described contains 0.7785 acre or
33,913 square feet, more or less.

Parcel 100002TK2 Legal Description

    Part of Lot 7 in the North Half of Section 2 in Township 1 North,
Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats
``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the southwest corner of the
Northwest Quarter of said Section 2; thence on an assumed bearing of
South 89 degrees 46 minutes 42 seconds East on the south line of the
Northwest Quarter of said Section 2, a distance of 1,211.13 feet to the
easterly right of way line of Rieder Road (also known as Township Road
222, and formerly known as Reuss Road), as described in the Deed for
Right-of-Way for Public Road Purposes to the Town of Shiloh Valley as
recorded in Book 1455, Page 165 on September 11, 1956 and shown in Plat
Book 45, Page 38 in said Recorder's Office, also being the Point of
Beginning.
    From said Point of Beginning; thence the following three (3)
courses and distances on said easterly right of way line of Rieder
Road: (1) Thence North 00 degrees 17 minutes 15 seconds East, 24.30
feet; (2) thence North 39 degrees 05 minutes 09 seconds West, 19.01
feet; (3) thence North 11 degrees 43 minutes 01 seconds East, 55.67
feet; thence North 80 degrees 59 minutes 26 seconds East, 137.32 feet;
thence South 00 degrees 00 minutes 04 seconds West, 115.59 feet; thence
North 89 degrees 46 minutes 42 seconds West, 135.07 feet to the Point
of Beginning.
    Said Parcel 100002TK2 herein described contains 0.3341 acre or
14,555 square feet, more or less.

Parcel 100011TK1 Legal Description

    Part of Lot 1 in the North One Half of Section 2 in Township 1
North, Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats
``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the northwest corner of the
Northwest Quarter of said Section 2; thence on an assumed bearing of
South 89 degrees 10 minutes 52 seconds East on the north line of said
Northwest Quarter, 1,010.90 feet to the northwest corner of said Lot 1
in the North One Half of Section 2; thence South 00 degrees 11 minutes
45 seconds East on the west line of said Lot 1, a distance of 14.98
feet to the south right of way line of O'Fallon-Shiloh Township Road
(being 50 feet wide and also known as Township Road 61A), as described
in the Deed for Right-of-Way for Public Road Purposes to the Town of
Shiloh Valley as recorded in Book 969, Page 214 on January 9, 1943 and
as shown in Book of Plats 42, Page 89 and being the Point of Beginning.
    From said Point of Beginning; thence South 89 degrees 10 minutes 58
seconds East, 1,117.70 feet; thence South 16 degrees 20 minutes 32
seconds West, 67.32 feet; thence westerly 174.70 feet on a curve to the
left having a radius of 765.00 feet, a chord bearing of North 82
degrees 38 minutes 25 seconds West, 174.32 feet; thence North 88
degrees 11 minutes 09 seconds West, 574.91 feet; thence North 89
degrees 10 minutes 57 seconds West, 351.05 feet to the west line of
said Lot 1; thence North 00 degrees 11 minutes 45 seconds West on said
west line, 35.01 feet to the Point of Beginning.
    Said Parcel 100011TK1 herein described contains 1.0287 acres or
44,810 square feet, more or less.
    Except all coal within and underlying the premises together will
all mining rights and other rights, privileges and immunities relating
thereto.

Parcel 200005PE1 Legal Description

    Part of Lot 6 in the North One Half of Section 2 in Township 1
North, Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats
``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the northwest corner of the
Northeast Quarter of said Section 2; thence on an assumed bearing of
South 00 degrees 20 minutes 44 seconds East on the west line of said
Northeast Quarter, 866.60 feet; thence South 89 degrees 14 minutes 05
seconds East, 146.29 feet to the easterly right of way line of Rieder
Road (Township Road 222) at F.A.I. Route 64 as described in the
Warranty Deed to the State of Illinois as recorded in Book 2003, Page
379 on March 16, 1966 in said Recorder's Office, and the Point of
Beginning.
    From said Point of Beginning; thence northeasterly on said easterly
right of way line 99.38 feet on a curve to the left having a radius of
726.35 feet, a chord bearing North 12 degrees 17 minutes 12 seconds
East, 99.31 feet; thence South 22 degrees 27 minutes 02 seconds East,
74.78 feet; thence South 13 degrees 55 minutes 09 seconds West, 39.15
feet; thence North 75 degrees 56 minutes 58 seconds West, 41.51 feet;
to the point of beginning.
    Said Parcel 200005PE1 herein described contains 0.0646 acre or
2,816 square feet, more or less.

Parcel 200005TK1 Legal Description

    Part of Lot 6 in the North One Half of Section 2 in Township 1
North, Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County,

Illinois, in Book of Plats ``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the northwest corner of the
Northeast Quarter of said Section 2; thence on an assumed bearing of
South 00 degrees 20 minutes 44 seconds East on the west line of said
Northeast Quarter, 62.17 feet; thence South 71 degrees 54 minutes 26
seconds East, 182.67 feet to the Point of Beginning.
    From said Point of Beginning; thence continuing South 71 degrees 54
minutes 26 seconds East, 258.33 feet; thence South 18 degrees 05
minutes 34 seconds West, 190.00 feet; thence North 71 degrees 54
minutes 26 seconds West, 94.01 feet; thence South 58 degrees 10 minutes
17 seconds West, 53.56 feet; thence southwesterly 159.26 feet on a
curve to the left having a radius of 435.00 feet, a chord bearing South
07 degrees 22 minutes 46 seconds West, 158.37 feet; thence South 03
degrees 06 minutes 32 seconds East, 79.14 feet to the easterly right of
way line of Rieder Road (Township Road 222) at F.A.I. Route 64 as
described in the Warranty Deed to the State of Illinois as recorded in
Book 2003, Page 379 on March 16, 1966 in said Recorder's Office; thence
North 22 degrees 33 minutes 37 seconds West, 343.21 feet on said right
of way line and the existing easterly right of way of Rieder Road
(formerly known as Reuss Road) as described in the Deed for Right-of-
Way for Public Road Purposes to the Town of Shiloh Valley recorded in
Book 969, Page 348 on April 1, 1948 in said Recorder's Office; thence
South 71 degrees 54 minutes 26 seconds East, 35.69 feet; thence North
18 degrees 05 minutes 34 seconds East, 200.00 feet to the Point of
Beginning.
    Said Parcel 200005TK1 herein described contains 1.6030 acre or
69,829 square feet, more or less.

Parcel 300011PE1 Legal Description

    Part of Lot 14 in the South One Half of Section 2 in Township 1
North, Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats
``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the northwest corner of the
Southwest Quarter of said Section 2; thence on an assumed bearing of
South 89 degrees 46 minutes 42 seconds East on the north line of the
Southwest Quarter of said Section 2, a distance of 1,109.28 feet;
thence South 00 degrees 03 seconds 12 minutes West, 96.74 feet to the
Point of Beginning.
    From said Point of Beginning; thence continuing South 00 degrees 03
minutes 12 seconds West, 12.96 feet; thence southeasterly 241.03 feet
on a curve to the left, having a radius of 365.00 feet, a chord bearing
South 18 degrees 51 minutes 50 seconds East, 236.67 feet; thence
southeasterly 285.95 feet on a curve to the right, having a radius of
1,091.16 feet, a chord bearing South 30 degrees 16 minutes 27 seconds
East, 285.13 feet; thence South 67 degrees 14 minutes 00 seconds West,
35.00 feet to the northeasterly right of way line of Wherry Road (State
Aid Route 82) as described in the Deed for Right-of-Way for Public Road
Purposes to the County of St. Clair and recorded in Book 1245, Page 68
on July 23, 1951 in said Recorder's Office and as shown in Book of
Plats Book 45, Pages 104-105; thence the following two (2) courses and
distances on said northeasterly right of way line: (1) Thence
northwesterly 668.58 feet on a curve to the left, having a radius of
1,056.16 feet, a chord bearing North 40 degrees 54 minutes 06 seconds
West, 657.47 feet; thence South 89 degrees 56 minutes 48 seconds East,
242.51 to the Point of Beginning.
    Said Parcel 300011PE1 herein described contains 0.8478 acre or
36,929 square feet, more or less.

Parcel 300011TK1 Legal Description

    Part of Lot 14 in the South One Half of Section 2 in Township 1
North, Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats
``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the northwest corner of the
Southwest Quarter of said Section 2; thence on an assumed bearing of
South 00 degrees 33 minutes 02 seconds East on the west line of the
Southwest Quarter of said Section 2, a distance of 50.00 feet to the
existing southerly right of way line of Wherry Road (State Aid Route
82) as described in the Deed for Right-of-Way for Public Road Purposes
to the County of St. Clair and recorded in Book 1245, Page 68 on July
23, 1951 in said Recorder's Office and as shown in said Book of Plats
Book 45, Pages 104-105, and the Point of Beginning.
    From said Point of Beginning; thence South 89 degrees 56 minutes 49
seconds East, 323.71 feet on the said southerly right of way line;
thence southeasterly 310.58 feet on said southerly right of way line,
being a curve to the right having a radius of 956.16 feet, a chord
bearing South 80 degrees 38 minutes 29 seconds East, 309.22 feet;
thence North 89 degrees 56 minutes 48 seconds West, 35.11 feet; thence
North 78 degrees 38 minutes 13 seconds West, 203.96 feet; thence North
89 degrees 56 minutes 48 seconds West, 393.65 feet to the west line of
said Section 2; thence North 00 degrees 33 minutes 02 seconds West,
10.00 feet to the Point of Beginning.
    Said Parcel 300011TK1 herein described contains 0.1529 acre or 6661
square feet, more or less.

Parcel 300011TK2 Legal Description

    Part of Lots 9 and 14 in the South One Half of Section 2 in
Township 1 North, Range 7 West of the Third Principal Meridian, St.
Clair County, Illinois, reference being had to the plat thereof
recorded in the Recorder's Office of St. Clair County, Illinois, in
Book of Plats ``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the northwest corner of the
Southwest Quarter of said Section 2; thence on an assumed bearing of
South 89 degrees 46 minutes 42 seconds East on the north line of the
Southwest Quarter of said Section 2, a distance of 1,211.13 feet to the
Point of Beginning.
    From said Point of Beginning; thence continuing South 89 degrees 46
minutes 42 seconds East on the north line of the said Southwest
Quarter, 135.07 feet; thence South 00 degrees 00 minutes 04 seconds
West, 96.04 feet; thence North 89 degrees 56 minutes 48 seconds West,
479.51 feet to the northeasterly right of way line of Wherry Road
(State Aid Route 82) as described in the Deed for Right-of-Way for
Public Road Purposes to the County of St. Clair and recorded in Book
1245, Page 68 on July 23, 1951 in said Recorder's Office and as shown
in Book of Plats Book 45, Pages 104-105; thence northwesterly 130.60
feet on said northeasterly right of way line, being a curve to the left
having a radius of 1,056.16 feet, a chord bearing North 62 degrees 34
minutes 46 seconds West, 130.52 feet to the southerly right of way line
of Rieder Road (TR 222) as shown in said Plat Book 45, Pages 104-105;
thence the following four (4) courses and distances on said south right
of way line of Rieder Road: (1) Thence South 89 degrees 56 minutes 49
seconds East, 350.34 feet; (2) thence North 00 degrees 03 minutes 24
seconds East, 11.12 feet; (3) thence South 89 degrees 44 minutes 49
seconds East; 109.82 feet; (4) thence North 00 degrees 17 minutes 15
seconds East, 25.70 feet to the Point of Beginning.
    Said Parcel 300011TK2 herein described contains 0.8762 acre or
38,169 square feet, more or less.

Parcel 400005TK1 Legal Description

    Part of the south 20 feet of the North Half of the Southeast
Quarter of Section 35, Township 2 North, Range 7 West of the Third
Principal Meridian, St. Clair

County, Illinois, reference being had to the plat thereof recorded in
the Recorder's Office of St. Clair County, Illinois, in Book of Plats
``A'', Page 260,
    Commencing at an iron rod found at the southwest corner of the
Southeast Quarter of said Section 35; thence on an assumed bearing of
North 00 degrees 23 minutes 54 seconds West on the west line of the
Southeast Quarter of said Section 35, a distance of 1,316.95 feet to
southwest corner of the Northwest Quarter of the Southeast Quarter of
Section 35; thence continuing on said west line North 00 degrees 23
minutes 54 seconds West, 20.01; thence South 89 degrees 00 minutes 44
seconds East, 15.00 feet to the former easterly right of way line of a
public road now known as Rieder Road as shown in Book of Plats ``C'',
Page 423 in said Recorder's Office and being the Point of Beginning.
    From said Point of Beginning; thence continuing South 89 degrees 00
minutes 44 seconds East, 10.00 feet to the existing easterly right of
way line of Rieder Road (also known as Township Road 222) as shown in
Book of Plats 42, Page 159 in said Recorder's Office; thence continuing
South 89 degrees 00 minutes 44 seconds East, 35.06 feet; thence South
00 degrees 24 minutes 06 seconds East, 20.01 feet to the south line of
the Northwest Quarter of the Southeast Quarter of said Section 35;
thence North 89 degrees 00 minutes 44 seconds West, 35.06 feet to said
existing easterly right of way line of Rieder Road; thence continuing
North 89 degrees 00 minutes 44 seconds West, 10.00 feet to the
aforesaid former easterly right of way line; thence North 00 degrees 23
minutes 54 seconds West, 20.01 on said former easterly right of way
line to the Point of Beginning.
    Said Parcel 400005TK1 herein described contains 0.0207 acre or 901
square feet, more or less, of which 0.0046 acre or 200 square feet,
more or less, has been previously used or dedicated for highway
purposes as shown in Book of Plats 42, on Page 159 in the Recorder's
Office of St. Clair County, Illinois.
    Excepting the coal underlying the surface of said land and all
rights and easements in favor of the estate of said coal.

Parcel 8311011 Legal Description

    Part of the Northeast Quarter of Section 3 in Township 1 North,
Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats ``C''
on page 423, described as follows:
    Commencing at an iron rod set at the northeast corner of the
Northeast Quarter of said Section 3; thence on an assumed bearing of
South 00 degrees 11 minutes 45 seconds East on the east line of said
Northeast Quarter, 546.73 feet to the Point of Beginning.
    From said Point of Beginning; thence continuing South 00 degrees 11
minutes 45 seconds East on said east line, 7.38 feet to the northerly
right of way line of F.A.I. Route 64 as described in the Warranty Deed
to the State of Illinois as recorded in Book 2012, Page 525 on May 12,
1966 in said Recorder's Office; thence North 71 degrees 54 minutes 26
seconds West on said right of way line, 352.74 feet; thence leaving
said right of way line South 73 degrees 03 minutes 11 seconds East,
350.50 feet to the Point of Beginning.
    Said Parcel 8311011 herein described contains 0.0284 acre or 1,236
square feet, more or less.

Parcel 8311012 Legal Description

    Part of the Northwest Quarter of Section 2 in Township 1 North,
Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats ``C''
on Page 423, described as follows:
    Commencing at an iron rod set at the northwest corner of the
Northwest Quarter of said Section 2; thence on an assumed bearing of
South 00 degrees 11 minutes 45 seconds East on the west line of said
Northwest Quarter, 546.73 feet to the Point of Beginning.
    From said Point of Beginning; thence South 73 degrees 03 minutes 11
seconds East, 899.00 feet; thence South 83 degrees 58 minutes 59
seconds East, 152.57 feet to the east line of a tract of land described
as Parcel 1 in the Order Confirming Title for Condemnation Case 97-ED-1
filed in the Circuit Court Twentieth Judicial Circuit of St. Clair
County, Illinois, and recorded in Book 3206, Page 1206 on November 25,
1997 in the Recorder's Office of said County; thence South 00 degrees
11 minutes 45 seconds East on said east line of Parcel 1, a distance of
59.93 feet to the northerly right of way line of F.A.I. Route 64 as
described in the Warranty Deed to the State of Illinois as recorded in
Book 2012, Page 525 on May 12, 1966 in said Recorder's Office; thence
North 71 degrees 54 minutes 26 seconds West, 1,064.51 feet to the west
line of said Northwest Quarter of Section 2; thence North 00 degrees 11
minutes 45 seconds West on said west Quarter Section line, 7.38 feet to
the Point of Beginning.
    Said Parcel 8311012 herein described contains 0.4824 acre or 21,014
square feet, more or less.

Parcel 8311013A Legal Description

    Part of Lots 1, 4 and 6 in the North One Half of Section 2 in
Township 1 North, Range 7 West of the Third Principal Meridian, St.
Clair County, Illinois, reference being had to the plat thereof
recorded in the Recorder's Office of St. Clair County, Illinois, in
Book of Plats ``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the northwest corner of the
Northwest Quarter of said Section 2; thence on an assumed bearing of
South 89 degrees 10 minutes 52 seconds East on the north line of said
Northwest Quarter, 1,010.90 feet to the northwest corner of Lot 1 in
the North Half of said Section 2; thence South 00 degrees 11 minutes 45
seconds East on the west line of said Lots 1 and 4, a distance of
810.33 feet to the Point of Beginning.
    From said Point of Beginning; thence South 83 degrees 58 minutes 59
seconds East, 52.08 feet; thence easterly 365.39 feet on a curve to the
left having a radius of 860.00 feet, a chord bearing of North 81
degrees 15 minutes 48 seconds East, 362.65 feet; thence North 62
degrees 58 minutes 46 seconds East, 213.99 feet; thence easterly 376.00
feet on a curve to the right having a radius of 630.00 feet, a chord
bearing South 89 degrees 00 minutes 18 seconds East, 370.44 feet;
thence South 85 degrees 49 minutes 35 seconds East, 83.14 feet; thence
North 71 degrees 46 minutes 37 seconds East, 62.05 feet; thence North
23 degrees 38 minutes 28 seconds East, 351.65 feet; thence North 18
degrees 05 minutes 34 seconds East, 137.91 feet to the westerly line of
a tract of land described in the Quit Claim Deed to John C. Knoebel,
Jr. as recorded in Book 3100, Page 279 on June 18, 1996 in said
Recorder's Office; thence South 18 degrees 47 minutes 40 seconds East
on said westerly line of the Knoebel tract of land, 346.46 feet; thence
South 15 degrees 13 minutes 49 seconds West, 161.01 feet; thence South
01 degree 37 minutes 34 seconds East, 74.09 feet; thence South 71
degrees 54 minutes 19 seconds East, 97.70 feet; thence easterly 259.83
feet on a curve to the right having a radius of 665.00 feet, a chord
bearing South 60 degrees 42 minutes 49 seconds East, 258.18 feet to the
westerly right of way line of Rieder Road (Township Road 222) and the
northerly right of way line of F.A.I. Route 64 as described in the
Warranty Deed to the State of Illinois as recorded in Book 2003, Page
379 on March 16, 1966 in said Recorder's Office; thence the

following six (6) courses and distances on said right of way line: (1)
Thence southerly 153.16 feet on a curve to the right having a radius of
655.35 feet, a chord bearing South 27 degrees 06 minutes 11 seconds
West, 152.81 feet; (2) thence South 41 degrees 09 minutes 41 seconds
West, 140.15 feet; (3) thence South 46 degrees 05 minutes 34 seconds
West, 185.76 feet; (4) thence North 71 degrees 54 minutes 29 seconds
West, 300.10 feet; (5) thence North 77 degrees 37 minutes 04 seconds
West, 351.75 feet; (6) thence North 71 degrees 54 minutes 26 seconds
West, 801.34 feet to the west line of the aforesaid Lot 4; thence North
00 degrees 11 minutes 45 seconds West on said west line, 59.93 feet to
the Point of Beginning.
    Said Parcel 8311013A herein described contains 15.6928 acres or
683,578 square feet, more or less.

Parcel 8311013B Legal Description

    Part of Lot 1 in the North One Half of Section 2 in Township 1
North, Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats
``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the northwest corner of the
Northwest Quarter of said Section 2; thence on an assumed bearing of
South 89 degrees 10 minutes 52 seconds East on the north line of said
Northwest Quarter, 1,010.90 feet to the northwest corner of said Lot 1
in the North Half of said Section 2; thence South 00 degrees 11 minutes
45 seconds East on the west line of said Lot 1, a distance of 14.98
feet to the south right of way line of O'Fallon-Shiloh Township Road
(being 50 feet wide and also known as Township Road 61A), as described
in the Deed for Right-of-Way for Public Road Purposes to the Town of
Shiloh Valley as recorded in Book 969, Page 214 on January 9, 1943 and
as shown in Book of Plats 42, Page 89; thence South 89 degrees 10
minutes 58 seconds East on said southerly right of way line, 1,117.70
feet to the Point of Beginning.
    From said Point of Beginning; thence continuing on said southerly
right of way line South 89 degrees 10 minutes 58 seconds East, 124.03
to the westerly line of a tract of land described in the Quit Claim
Deed to John C. Knoebel, Jr. as recorded in Book 3100, Page 279 on June
18, 1996 in said Recorder's Office; thence South 18 degrees 47 minutes
40 seconds East on the westerly line of said Knoebel tract of land,
127.62 feet; thence North 71 degrees 54 minutes 26 seconds West, 137.08
feet; thence westerly 55.95 feet on a curve to the left having a radius
of 765.00 feet, a chord bearing North 74 degrees 00 minutes 09 seconds
West, 55.94 feet; thence North 16 degrees 20 minutes 32 seconds East,
67.32 feet to the Point of Beginning.
    Said Parcel 8311013B herein described contains 0.3166 acre or
13,791 square feet, more or less.
    Except all coal within and underlying the premises together will
all mining rights and other rights, privileges and immunities relating
thereto.

Parcel 8311013PE Legal Description

    Part of Lot 6 in the North One Half of Section 2 in Township 1
North, Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats
``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the northwest corner of the
Northeast Quarter of said Section 2; thence on an assumed bearing of
South 00 degrees 20 minutes 44 seconds East on the west line of said
Northeast Quarter, 599.43 feet to the southerly line of a tract of land
described in the Quit Claim Deed to John C. Knoebel, Jr. as recorded in
Book 3100, Page 279 on June 18, 1996 in said Recorder's Office; thence
North 71 degrees 10 minutes 46 seconds East on said southerly line,
89.12 feet to the Point of Beginning.
    From said Point of Beginning; thence continuing North 71 degrees 10
minutes 46 seconds East, 14.58 feet to the westerly right of way line
of Rieder Road (Township Road 222) and F.A.I. Route 64 as described in
the Warranty Deed to the State of Illinois as recorded in Book 2003,
Page 379 on March 16, 1966 in said Recorder's Office; thence southerly
on said right of way line 288.29 feet on a curve to the right having a
radius of 655.35 feet, a chord bearing South 03 degrees 50 minutes 40
seconds West, 285.97 feet; thence North 75 degrees 56 minutes 58
seconds West, 37.45 feet; thence North 25 degrees 16 minutes 19 seconds
East, 105.29 feet; thence northerly 115.65 feet on a curve to the left,
having a radius of 640.00 feet, a chord bearing North 02 degrees 04
minutes 03 seconds East, 115.49 feet; thence North 06 degrees 56
minutes 20 seconds West, 61.35 feet to the Point of Beginning.
    Said Parcel 8311013PE herein described contains 0.1192 acre or
5,191 square feet, more or less.

Parcel 8311015 Legal Description

    Part of Lots 7 and 8 in the North Half of Section 2 in Township 1
North, Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats
``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the southwest corner of the
Northwest Quarter of said Section 2; thence on an assumed bearing of
South 89 degrees 46 minutes 42 seconds East on the south line of the
Northwest Quarter of said Section 2, a distance of 1,346.20 feet to the
Point of Beginning.
    From said Point of Beginning; thence North 00 degrees 00 minutes 04
seconds East, 115.59 feet; thence North 80 degrees 59 minutes 26
seconds East, 192.80 feet; thence northerly 194.76 feet on a curve to
the right having a radius of 1,000.00 feet, a chord bearing North 12
degrees 30 minutes 48 seconds East, 194.45 feet; thence North 25
degrees 38 minutes 11 seconds East, 276.47 feet to the southeasterly
right of way line of Rieder Road (also known as Township Road 222, and
formerly known as Reuss Road), according to Plat Book 45, Page 38 in
said Recorder's Office; thence North 49 degrees 58 minutes 00 seconds
East on said southeasterly right of way line as described in the Deed
for Right-of-Way for Public Road Purposes to the Town of Shiloh Valley
recorded in Book 1455, Page 165 on September 11, 1956 and the Warranty
Deed to the State of Illinois for Rieder Road and FAI Route 64 as
recorded in Book 2058, Page 242 on April 4, 1967, a distance of 667.76
feet to the northeasterly line of Lot 8 in the North Half of said
Section 2; thence South 19 degrees 53 minutes 11 seconds East on said
northeasterly lot line, 375.75 feet; thence westerly 176.99 feet on a
curve to the right having a radius of 600.00 feet, a chord bearing
North 80 degrees 21 minutes 28 seconds West, 176.35 feet; thence North
81 degrees 58 minutes 53 seconds West, 142.90 feet; thence South 25
degrees 28 minutes 50 seconds West, 155.54 feet; thence South 18
degrees 05 minutes 34 seconds West, 339.81 feet; thence southerly
172.27 feet on a curve to the left having a radius of 715.00 feet, a
chord bearing South 11 degrees 11 minutes 29 seconds West, 171.85 feet;
thence South 89 degrees 56 minutes 48 seconds East, 232.54 feet; thence
South 00 degrees 03 minutes 12 seconds West, 81.02 feet to the south
line of the Northwest Quarter of said Section 2; thence North 89
degrees 46 minutes 42 seconds West on said south line, 702.58 feet to
the Point of Beginning.
    Said Parcel 8311015 herein described contains 7.2988 acres or
317,934 square feet, more or less.

Parcel 8311018A Legal Description

    Part of the Lots 1 and 6 in the North One Half of Section 2 in
Township 1 North, Range 7 West of the Third Principal Meridian, St.
Clair County, Illinois, reference being had to the plat thereof
recorded in the Recorder's Office of St. Clair County, Illinois, in
Book of Plats ``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the northwest corner of the
Northeast Quarter of said Section 2; thence on an assumed bearing of
North 89 degrees 14 minutes 11 seconds West on the north line of said
Northeast Quarter, 37.92 feet to the easterly right of way line of
O'Fallon-Shiloh Township Road (also known as Township Road 61A), as
described in the Deed for Right-of-Way for Public Road Purposes to the
Town of Shiloh Valley as recorded in Book 969, Page 214 on January 9,
1943 and as shown in Book of Plats 42, Page 89 in said Recorder's
Office; thence southerly on said right of way line 57.52 feet, being a
curve to the left having a radius of 478.34 feet, a chord bearing of
South 15 degrees 52 minutes 09 seconds East, 57.49 feet to the Point of
Beginning.
    From said Point of Beginning; thence South 71 degrees 54 minutes 26
seconds East, 206.42 feet; thence South 18 degrees 05 minutes 34
seconds West, 200.00 feet; thence North 71 degrees 54 minutes 26
seconds West, 35.69 feet to the existing easterly right of way of
Rieder Road (formerly known as Reuss Road) as described in the Deed for
Right-of-Way for Public Road Purposes to the Town of Shiloh Valley
recorded in Book 969, Page 348 on April 1, 1948 and as shown in Book of
Plats 45, Page 38 in said Recorder's Office; thence North 22 degrees 33
minutes 37 seconds West on said right of way line, 235.88 feet; thence
continuing on said right of way line northwesterly 27.10 feet on a
curve to the right having a radius of 478.34 feet, a chord bearing
North 20 degrees 56 minutes 14 seconds West, 27.10 feet to the Point of
Beginning.
    Said Parcel 8311018A herein described contains 0.5580 acre or
24,306 square feet, more or less.

Parcel 8311018B Legal Description

    Part of the Lot 6 in the North One Half of Section 2 in Township 1
North, Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats
``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the northwest corner of the
Northeast Quarter of said Section 2; thence South 00 degrees 20 minutes
44 seconds East on the west line of the Northeast Quarter of said
Section 2, a distance of 1,203.09 feet to the southeasterly right of
way line of Rieder Road (also known as Township Road 222) and FAI Route
64 as described in the Warranty Deed to the State of Illinois as
recorded in Book 2003, Page 379 on March 16, 1966 in said Recorder's
Office; thence North 49 degrees 58 minutes 00 seconds East on said
right of way line, 218.66 feet; thence North 61 degrees 10 minutes 50
seconds West on the right of way line, 32.64 feet to the Point of
Beginning.
    From said Point of Beginning; thence continuing northwesterly on
said southeasterly right of way line North 61 degrees 10 minutes 27
seconds West, 63.59 feet; thence northeasterly on said right of way
line 33.23 feet being a curve to the left having a radius of 726.35
feet, a chord bearing North 27 degrees 30 minutes 55 seconds East,
33.23 feet; thence South 33 degrees 52 minutes 05 seconds East, 72.42
feet to the Point of Beginning.
    Said Parcel 8311018B herein described contains 0.0242 acre or 1,052
square feet, more or less.

Parcel 8311018C Legal Description

    Part of the Lot 1 in the North One Half of Section 2 in Township 1
North, Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats
``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the northeast corner of the
Northwest Quarter of said Section 2; thence on an assumed bearing of
North 89 degrees 14 minutes 11 seconds West on the north line of said
Northwest Quarter, 29.69 feet to the Point of Beginning.
    From said Point of Beginning; thence South 18 degrees 05 minutes 34
seconds West, 15.32 feet to the easterly right of way line of O'Fallon-
Shiloh Township Road (also known as Township Road 61A), as described in
the Deed for Right-of-Way for Public Road Purposes to the Town of
Shiloh Valley as recorded in Book 969, Page 214 on January 9, 1943 and
as shown in Book of Plats 42, Page 89 in said Recorder's Office; thence
northwesterly on said right of way line 15.08 feet on a curve to the
right, having a radius of 478.34 feet, a chord bearing of South 13
degrees 19 minutes 37 seconds East, 15.08 feet to the north line of
said Northwest Quarter of Section 2; thence South 89 degrees 14 minutes
11 seconds East, 8.23 feet to the Point of Beginning.
    Said Parcel 8311018C herein described contains 0.0014 acre or 61
square feet, more or less.

Parcel 8311019 Legal Description

    Part of the Lots 10 and 11 in the North One Half of Section 2 in
Township 1 North, Range 7 West of the Third Principal Meridian, St.
Clair County, Illinois, reference being had to the plat thereof
recorded in the Recorder's Office of St. Clair County, Illinois, in
Book of Plats ``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the northwest corner of the
Northeast Quarter of said Section 2; thence on an assumed bearing of
South 00 degrees 20 minutes 44 seconds East on the west line of the
Northeast Quarter of said Section 2, a distance of 1,203.09 feet to the
southeasterly right of way line of Rieder Road (also known as Township
Road 222) and FAI Route 64 as described in the Warranty Deed to the
State of Illinois as recorded in Book 2003, Page 379 on March 16, 1966
in said Recorder's Office and being the Point of Beginning.
    From said Point of Beginning; thence North 49 degrees 58 minutes 00
seconds East on said right of way line, 203.59 feet; thence South 33
degrees 52 minutes 05 seconds East, 138.89 feet; thence South 31
degrees 40 minutes 01 second East, 155.30 feet; thence southeasterly
371.13 feet on a curve to the left having a radius of 865.00 feet, a
chord bearing South 56 degrees 29 minutes 42 seconds East, 368.29 feet;
thence South 68 degrees 47 minutes 11 seconds East, 645.61 feet; thence
North 21 degrees 12 minutes 49 seconds East, 21.00 feet; thence South
68 degrees 47 minutes 11 seconds East, 110.00 feet; thence South 21
degrees 12 minutes 49 seconds West, 20.37 feet to the existing right of
way line of FAI Route 64 as described in the Warranty Deed to the State
of Illinois as recorded in Book 2058, Page 242 on April 4, 1967; thence
the following three (3) courses and distances on said existing right of
way line: (1) North 71 degrees 54 minutes 26 seconds West, 1,149.06
feet; (2) thence North 60 degrees 35 minutes 49 seconds West, 101.98
feet; (3) thence North 71 degrees 54 minutes 23 seconds West, 277.66
feet to the aforesaid Rieder Road right of way line; thence North 49
degrees 58 minutes 00 seconds East on said Rieder Road right of way
line, 154.73 feet to the Point of Beginning.
    Said Parcel 8311019 herein described contains 2.8329 acre or
123,400 square feet, more or less.

Parcel 8311020 Legal Description

    Part of the Northwest Quarter of Section 2 in Township 1 North,
Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats
``C'', on Page 423, described as follows:
    Commencing at an iron rod set at the southwest corner of the
Northwest Quarter of said Section 2; thence on an assumed bearing of
North 00 degrees 11 minutes 45 seconds West on the west line of the
Northwest Quarter of said Section 2, a distance of 1,817.20 feet to the
southerly right of way line of FAI Route 64 as described in the
Warranty Deed to the State of Illinois as recorded in Book 2012, Page
525 on May 12, 1966 in said Recorder's Office; thence South 71 degrees
54 minutes 26 seconds East on said right of way line, 159.90 feet to
the Point of Beginning.
    From said Point of Beginning; thence continuing on said southerly
right of way line South 71 degrees 54 minutes 26 seconds East, 904.61
feet to the east line of Lot 5 according to the plat recorded in Book
of Plats ``A'', on Page 255 in said Recorder's Office; thence South 00
degrees 11 minutes 45 seconds East on the said east line, 57.68 feet;
thence northwesterly 88.25 feet on a curve to the left having a radius
of 875.00 feet, a chord bearing North 65 degrees 53 minutes 49 seconds
West, 88.22 feet; thence North 68 degrees 47 minutes 11 seconds West,
836.22 feet to the to the Point of Beginning.
    Said Parcel 8311020 herein described contains 0.5244 acre or 22,845
square feet, more or less.

Parcel 8311021 Legal Description

    Part of Lot 4 in the North One Half of Section 2 in Township 1
North, Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats
``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the southwest corner of the
Northwest Quarter of said Section 2; thence on an assumed bearing of
North 00 degrees 11 minutes 45 seconds West on the west line of the
Northwest Quarter of said Section 2, a distance of 1,817.20 feet to the
southerly right of way line of FAI Route 64 as described in the
Warranty Deed to the State of Illinois as recorded in Book 2012, Page
525 on May 12, 1966 in said Recorder's Office; thence South 71 degrees
54 minutes 26 seconds East on said right of way line, 1,064.51 feet to
the west line of said Lot 4 and the Point of Beginning.
    From said Point of Beginning; thence continuing on said southerly
right of way line as described in the Warranty Deed to the State of
Illinois as recorded in Book 2003, Page 379 on March 16, 1966 in said
Recorder's Office, South 71 degrees 54 minutes 26 seconds East, 17.38
feet; thence South 00 degrees 11 minutes 45 seconds East, 60.92 feet;
thence northwesterly 18.65 feet on a curve to the left having a radius
of 875.00 feet, a chord bearing North 62 degrees 23 minutes 48 seconds
West, 18.65 feet to the west line of said Lot 4; thence North 00
degrees 11 minutes 45 seconds West, 57.68 feet to the to the Point of
Beginning.
    Said Parcel 8311021 herein described contains 0.0224 acre or 978
square feet, more or less.

Parcel 8311022 Legal Description

    Part of Lots 4 and 6 in Section 2 in Township 1 North, Range 7 West
of the Third Principal Meridian, St. Clair County, Illinois, reference
being had to the plat thereof recorded in the Recorder's Office of St.
Clair County, Illinois, in Book of Plats ``A'', on Page 255, described
as follows:
    Commencing at an iron rod set at the southeast corner of the
Northwest Quarter of said Section 2; thence on an assumed bearing of
North 00 degrees 20 minutes 44 seconds West on the east line of the
Northwest Quarter of said Section 2, a distance of 922.39 feet to the
southerly right of way line of FAI Route 64 as described in the
Warranty Deed to the State of Illinois as recorded in Book 2058, Page
242 on April 4, 1967 in said Recorder's Office; thence North 83 degrees
13 minutes 02 seconds West on said right of way line, 47.36 feet;
thence North 71 degrees 54 minutes 26 seconds West on said right of way
line, 470.00 feet to the intersection with Rieder Road (also known as
Township Road 222) as described in the Warranty Deed to the State of
Illinois as recorded in Book 2003, Page 379 on March 16, 1966 in said
Recorder's Office, and being the Point of Beginning.
    From said Point of Beginning; thence on the northwesterly right of
way line of said Rieder Road, South 42 degrees 47 minutes 21 seconds
West, 275.81 feet; thence continuing on said right of way line of
Rieder Road (formerly known as Reuss Road) as described in the Deed for
Right-of-Way for Public Road Purposes to the Town of Shiloh Valley
recorded in Book 969, Page 348 on April 1, 1948 and as shown in Book of
Plats 45, Page 38 in said Recorder's Office, South 49 degrees 23
minutes 42 seconds West, 278.29 feet; thence North 18 degrees 05
minutes 34 seconds East, 117.36 feet; thence North 71 degrees 54
minutes 26 seconds West, 102.70 feet; thence westerly 372.48 feet on a
curve to the right having a radius of 617.00 feet, a chord bearing
North 54 degrees 36 minutes 45 seconds West, 366.85 feet; thence North
27 degrees 44 minutes 23 seconds West, 162.26 feet; thence
northwesterly 373.66 feet on a curve to the left having a radius of
875.00 feet, a chord bearing North 49 degrees 33 minutes 08 seconds
West, 370.83 feet to the east line of a tract of land described in the
Warranty deed to Delmer Philip Scheurer and Lucille V. M. Scheurer as
recorded in Book 2436, Page 1180 on January 23, 1976; thence North 00
degrees 11 minutes 45 seconds West on said Scheurer east line, 60.92
feet to the southerly right of way line of the aforesaid FAI Route 64;
thence the following three (3) courses and distances on said southerly
right of way line of FAI Route 64: (1) Thence South 71 degrees 54
minutes 26 seconds East, 761.25 feet; (2) thence South 57 degrees 52
minutes 15 seconds East, 206.16 feet; (3) thence South 71 degrees 54
minutes 26 seconds East, 230.01 feet to the Point of Beginning.
    Said Parcel 8311022 herein described contains 7.1667 acres or
312,182 square feet, more or less.

Parcel 8311023 Legal Description

    Part of Lots 10 and 11 in the North One Half of Section 2 in
Township 1 North, Range 7 West of the Third Principal Meridian, St.
Clair County, Illinois, reference being had to the plat thereof
recorded in the Recorder's Office of St. Clair County, Illinois, in
Book of Plats ``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the southwest corner of the
Northeast Quarter of said Section 2; thence on an assumed bearing of
North 89 degrees 46 minutes 42 seconds West, 60.06 feet on the south
line of the Northwest Quarter of said Section 2 to the southwest corner
of said Lot 10; thence North 19 degrees 53 minutes 11 seconds West on
the westerly line of said Lot 10, 708.03 feet to the Point of
Beginning.
    From said Point of Beginning; thence continuing North 19 degrees 53
minutes 11 seconds West, 375.75 feet to the southeasterly right of way
line of Rieder Road (also known as Township Road 222); thence North 49
degrees 58 minutes 00 seconds East on said Rieder Road right of way
line, 35.22 feet to the southerly right of way line of FAI Route 64 as
described in the Warranty Deed to the State of Illinois as recorded in
Book 2058, Page 242 on April 4, 1967 in said Recorder's Office; thence
the following three (3) courses and distances on said FAI Route 64
right of way line: (1)

Thence South 71 degrees 54 minutes 26 seconds East, 367.31 feet; (2)
thence South 83 degrees 13 minutes 02 seconds East, 203.96 feet; (3)
thence South 71 degrees 54 minutes 26 seconds East, 1,685.92 feet;
thence North 73 degrees 03 minutes 11 seconds West, 1,249.41 feet;
thence westerly 520.37 feet on a curve to the left, having a radius of
865.00 feet, a chord bearing South 89 degrees 42 minutes 47 seconds
West, 512.56 feet; thence South 72 degrees 28 minutes 43 seconds West,
160.00 feet; thence westerly 195.96 feet on a curve to the right,
having a radius of 600.00 feet, a chord bearing South 81 degrees 50
minutes 07 seconds West, 195.09 feet to the Point of Beginning.
    Said Parcel 8311023 herein described contains 3.9553 acres or
172,295 square feet, more or less.

Parcel 8311024 Legal Description

    Part of Lot 9 in the South One Half of Section 2 in Township 1
North, Range 7 West of the Third Principal Meridian, St. Clair County,
Illinois, reference being had to the plat thereof recorded in the
Recorder's Office of St. Clair County, Illinois, in Book of Plats
``A'', on Page 255, described as follows:
    Commencing at an iron rod set at the northwest corner of the
Southwest Quarter of said Section 2; thence on an assumed bearing of
South 89 degrees 46 minutes 42 seconds East on the north line of the
Southwest Quarter of said Section 2, a distance of 1,346.20 feet to the
Point of Beginning.
    From said Point of Beginning; thence continuing on said north line,
South 89 degrees 46 minutes 42 seconds East, 702.58 feet; thence South
00 degrees 03 minutes 12 seconds West, 68.98 feet; thence South 88
degrees 58 minutes 13 seconds West, 264.54 feet; thence South 00
degrees 03 minutes 12 seconds West, 246.00 feet; thence North 89
degrees 56 minutes 48 seconds West, 200.00 feet; thence North 06
degrees 30 minutes 34 seconds West, 227.49 feet; thence North 89
degrees 56 minutes 48 seconds West, 212.00 feet; thence North 00
degrees 00 minutes 04 seconds East, 96.04 feet to the Point of
Beginning.
    Said Parcel 8311024 herein described contains 2.5008 acres or
108,935 square feet, more or less.

    Dated: Issued in Des Plaines, Illinois on May 13, 2014.
James G. Keefer,
Manager, Chicago Airports District Office, FAA, Great Lakes Region.
[FR Doc. 2014-12676 Filed 5-30-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 133 (Tuesday, July 12, 2011)]
[Notices]
[Page 40980]
[FR Doc No: 2011-17492]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No FMCSA-2011-0097]

Pilot Program on NAFTA Long-Haul Trucking Provisions

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

ACTION: Notice of Availability; request for comment.

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SUMMARY: FMCSA announces the availability of a Draft Environmental
Assessment (DEA) that evaluates the potential environmental impacts
resulting from the implementation of its United States-Mexico cross-
border long-haul trucking pilot program. This pilot program is part of
FMCSA's implementation of the North American Free Trade Agreement
(NAFTA) cross-border long-haul trucking provisions. This pilot program
would allow Mexico-domiciled motor carriers to operate throughout the
United States for up to 3 years. U.S.-domiciled motor carriers would be
granted reciprocal rights to operate in Mexico for the same period.
Participating Mexican carriers and drivers would be required to comply
with all applicable U.S. laws and regulations, including those
concerned with motor carrier safety, customs, immigration, vehicle
registration and taxation, and fuel taxation.

DATES: Comments are due by August 11, 2011.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2011-0097 using any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., E.T., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    Instructions: To view the DEA, go to the online docket
(Regulations.gov) at http://www.regulations.gov/ and enter in the
docket number (FMCSA-2011-0097) and search for the Draft Environmental
Assessment. All submissions must include the Agency name and docket
number (FMCSA-2011-0097) for this rulemaking. To avoid duplication,
please use only one of these four methods. Note that all comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided. Please refer to the
Privacy Act heading for further information.
    Comments received after the comment closing date will be included
in the docket and we will consider late comments only to the extent
practicable. FMCSA may issue a Final Environmental Assessment (FEA) at
any time after the close of the comment period.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., E.T., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form for all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
U.S. Department of Transportation's (DOT) complete Privacy Act
Statement in the Federal Register published on January 17, 2008 (73 FR
3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Michael M. Johnsen, Environmental
Protection Specialist, Analysis Division, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Draft Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
(NEPA) (section 102(2)(c)), as implemented by the Council on
Environment Quality regulations (40 CFR parts 1500-1508), FMCSA's Order
5610.1, issued March 1, 2004 (69 FR 9680), and other applicable
guidance and requirements, FMCSA prepared a DEA for the U.S.-Mexican
cross-border long-haul trucking program. FMCSA analyzed the potential
impacts to the environment that may result from implementing the pilot
project. FMCSA evaluated environmental issues such as emissions from
vehicles, fuel types, air quality impacts, and other pertinent issues
in the DEA and is requesting comments.

Background on the Pilot Project on the U.S.-Mexico Cross-Border Long-
Haul Trucking Program

    The pilot program is part of FMCSA's implementation of the North
American Free Trade Agreement (NAFTA) cross-border long-haul trucking
provisions. This pilot program would allow Mexico-domiciled motor
carriers to operate throughout the United States for up to 3 years.
U.S.-domiciled motor carriers would be granted reciprocal rights to
operate in Mexico for the same period. Participating Mexican carriers
and drivers would be required to comply with all applicable U.S. laws
and regulations, including those concerned with motor carrier safety,
customs, immigration, vehicle registration and taxation, and fuel
taxation. The safety of the participating carriers would be tracked
closely by FMCSA with input from the Motor Carrier Safety Advisory
Committee, a Federal advisory committee. For further information
regarding this pilot program, please see Federal Register notice of the
Pilot Program on NAFTA Long Haul Trucking Provisions in docket FMCSA-
2011-0097. The docket contains background information for this action,
including comments.
    On April 13, 2011, FMSCA issued a notice and request for public
comments on the proposed U.S.-Mexico cross-border long-haul trucking
pilot program (76 FR 20807 Docket Number FMCSA-2011-0097). There were
several comments on the notice regarding environmental impacts, and
these comments are addressed in this DEA.
    We are requesting your comments on environmental concerns that you
may have related to the DEA. This includes suggesting analysis and
methodologies for use in the FEA or possible sources of data or
information not included in the DEA. Your comments will be considered
in preparing a Finding of No Significant Impact, an FEA, or determining
if preparation of an Environmental Impact Statement is warranted.

    Issued on: June 30, 2011.
 Kelly Leone,
Associate Administrator, Office of Research and Information Technology,
FMCSA.
[FR Doc. 2011-17492 Filed 7-11-11; 8:45 am]
BILLING CODE 4910-EX-P