[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Notices]
[Page 1483]
[FR Doc No: 2012-199]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ12-5-000]

 Notice of Filing; City of Anaheim, CA

    Take notice that on December 14, 2011, City of Anaheim, California
submitted its tariff filing per 35.28(e): 2012 TRBAA Update Filing, to
be effective 1/1/2012.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on January 11, 2012.

    Dated: December 30, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-199 Filed 1-9-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Page 61590]
[FR Doc No: 2023-19305]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-2730-000]

Robin Hollow Solar Lessee, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Robin Hollow Solar Lessee, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 20, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: August 31, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-19305 Filed 9-6-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Notices]
[Pages 83556-83558]
[FR Doc No: 2023-26324]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2022-E-2212; FDA-2022-E-2215; and FDA-2022-E-2216]

Determination of Regulatory Review Period for Purposes of Patent
Extension; Koselugo

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for Koselugo and is publishing
this notice of that determination as required by law. FDA has made the
determination because of the

submission of an application to the Director of the U.S. Patent and
Trademark Office (USPTO), Department of Commerce, for the extension of
a patent which claims that human drug product.

DATES: Anyone with knowledge that any of the dates as published (see
SUPPLEMENTARY INFORMATION) are incorrect must submit either electronic
or written comments and ask for a redetermination by January 29, 2024.
Furthermore, any interested person may petition FDA for a determination
regarding whether the applicant for extension acted with due diligence
during the regulatory review period by May 28, 2024. See ``Petitions''
in the SUPPLEMENTARY INFORMATION section for more information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of January 29, 2024. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are received on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket Nos.
FDA-2022-E-2212; FDA-2022-E-2215; and FDA-2022-E-2216 for
``Determination of Regulatory Review Period for Purposes of Patent
Extension; KOSELUGO.'' Received comments, those filed in a timely
manner (see ADDRESSES), will be placed in the docket and, except for
those submitted as ``Confidential Submissions,'' publicly viewable at
https://www.regulations.gov or at the Dockets Management Staff between
9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with Sec.  10.20 (21 CFR 10.20) and
other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug or biologic product, animal drug product, medical device,
food additive, or color additive) was subject to regulatory review by
FDA before the item was marketed. Under these acts, a product's
regulatory review period forms the basis for determining the amount of
extension an applicant may receive.
    A regulatory review period consists of two periods of time: a
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product, Koselugo
(selumetinib) indicated for the treatment of pediatric patients 2 years
of age and older with neurofibromatosis type 1 who have symptomatic,
inoperable plexiform neurofibromas. Subsequent to this approval, the
USPTO received patent term restoration applications for Koselugo (U.S.
Patent Nos. 7,425,637; 8,178,693; 9,156,795) from AstraZeneca AB and
Array BioPharma Inc. and the

USPTO requested FDA's assistance in determining the patents'
eligibility for patent term restoration. In a letter dated September
21, 2022, FDA advised the USPTO that this human drug product had
undergone a regulatory review period and that the approval of Koselugo
represented the first permitted commercial marketing or use of the
product. Thereafter, the USPTO requested that FDA determine the
product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
Koselugo is 5,100 days. Of this time, 4,889 days occurred during the
testing phase of the regulatory review period, while 211 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) became effective:
April 26, 2006. FDA has verified the applicant's claim that the date
the investigational new drug application became effective was on April
26, 2006.
    2. The date the application was initially submitted with respect to
the human drug product under section 505 of the FD&C Act: September 13,
2019. FDA has verified the applicant's claim that the new drug
application (NDA) for Koselugo (NDA 213756) was initially submitted on
September 13, 2019.
    3. The date the application was approved: April 10, 2020. FDA has
verified the applicant's claim that NDA 213756 was approved on April
10, 2020.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its applications for patent extension,
this applicant seeks 927 days, 1,550 days, or 5 years of patent term
extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: November 27, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-26324 Filed 11-29-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: June 15, 2009 (Volume 74, Number 113)]
[Notices]
[Page 28305-28307]
[DOCID:fr15jn09-145]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60068; File No. SR-NSX-2009-04]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the Fee and Rebate Schedule To (i) Increase From 50,000 to 5
Million the Liquidity Adding Average Daily Volume Thresholds in the
Automatic Execution Mode of Order Interaction (``AutoEx''); (ii)
Include Securities Less Than One Dollar in the Calculation of Liquidity
Adding and Total Average Volume Thresholds in AutoEx; and (iii)
Eliminate the Two Lower Tiers With Respect to the AutoEx Liquidity
Adding Zero Display Order Rebate

June 8, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 29, 2009, National Stock Exchange, Inc. filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change, as described in Items I, II, and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comment on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    National Stock Exchange, Inc. (``NSX[supreg]'' or ``Exchange'') is
proposing to amend the Fee and Rebate Schedule (the ``Fee Schedule'')
issued pursuant to Exchange Rule 16.1(c) in order to (i) increase from
50,000 to 5 million the liquidity adding average daily volume
thresholds in the Automatic Execution Mode of order interaction
(``AutoEx''); (ii) include securities less than one dollar in the
calculation of liquidity adding and total average volume thresholds in
AutoEx; and (iii) eliminate the two lower tiers with respect to the
AutoEx liquidity adding zero display order rebate.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nsx.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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.

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

Purpose
    With this rule change, the Exchange is proposing to make three
changes to the Fee Schedule, in each case only with respect to
AutoEx.\3\
---------------------------------------------------------------------------

    \3\ The Exchange's two modes of order interaction are described
in NSX Rule 11.13(b).
---------------------------------------------------------------------------

    First, the liquidity adding average daily volume (``Liquidity
Adding ADV'') thresholds in AutoEx that are currently set at 50,000 are
proposed to be increased to 5 million. This threshold is used to
determine both the amount of the liquidity taking fee in AutoEx and
eligibility for receipt of the liquidity adding zero display order
rebate in AutoEx. Under the Fee Schedule in effect prior to
effectiveness of the instant proposed rule change, an ETP Holder needs
to achieve a Liquidity Adding ADV \4\ of 50,000 in order to obtain a
reduced liquidity taking fee from $0.0030 to $0.0028 per share. The
instant rule filing proposes to increase the Liquidity Adding ADV used
with respect to AutoEx liquidity taking fees from 50,000 to 5 million.
In addition, under the Fee Schedule in effect prior to effectiveness of
the instant proposed rule change, an ETP Holder needs to achieve a
Liquidity Adding ADV of 50,000 in order to become eligible to receive
rebates for submitting liquidity adding Zero Display Orders \5\ in
AutoEx. If an ETP Holder fails to achieve a Liquidity Adding ADV of
50,000, such ETP Holder is not eligible to receive a liquidity adding
Zero Display Order rebate. The instant rule filing proposes to increase
the Liquidity Adding ADV used with respect to eligibility to receive a
liquidity adding Zero Display

Order rebate in AutoEx from 50,000 to 5 million.
---------------------------------------------------------------------------

    \4\ Explanatory Endnote 3 of the Fee Schedule contains the
definition of ``Liquidity Adding ADV.''
    \5\ \\ ``Zero Display Orders'' means ``Zero Display Reserve
Orders'' as specified in NSX Rule 11.11(c)(2)(A).
---------------------------------------------------------------------------

    Second, the instant rule change proposes to include securities less
than one dollar in the calculation of Liquidity Adding ADV and Total
ADV.\6\ Prior to effectiveness of the instant rule change, securities
less than one dollar were excluded from such calculations except only
with respect to the volume tier thresholds relative to the AutoEx
liquidity adding displayed order rebate for Tape A and C securities.\7\
The instant rule change would include sub-dollar securities in all
calculations of both Liquidity Adding ADV and Total ADV.
---------------------------------------------------------------------------

    \6\ \\ ``Total ADV'' is used to determine the amount, if any, of
an ETP Holder's liquidity adding Zero Display Order rebate in
AutoEx. See Explanatory Endnote 5 of the Fee Schedule.
    \7\ See SR-NSX-2009-03 (filed My [sic] 15, 2009).
---------------------------------------------------------------------------

    Third, the two lower of the three tiers used to determine the
amount, if any, of an ETP Holder's rebate for liquidity adding Zero
Display Orders in AutoEx would be eliminated under the proposed rule
change. Under the Fee Schedule prior to effectiveness of the instant
proposed rule change, progressively higher rebates may be awarded where
an ETP Holder achieves Total ADV of 1 million,\8\ 15 million \9\ and 30
million \10\ shares. The instant rule change proposes to eliminate the
1 million and 15 million tiers (together with the associated lesser
rebate amounts of $0.0022 and $0.0023 per share, respectively), such
that the sole remaining Total ADV tier would be 30 million, for which
the associated rebate would remain $0.0025 per share.
---------------------------------------------------------------------------

    \8\ The first tier is $0.0022 per share (applicable to shares
executed in AutoEx which added liquidity as Zero Display Orders),
where Total ADV is greater than or equal to 1 million and less than
15 million.
    \9\ \\ The second tier is $0.0023 per share (applicable to
shares executed in AutoEx which added liquidity as Zero Display
Orders), where Total ADV is greater than or equal to 15 million and
less than 30 million.
    \10\ The third tier is $0.0025 per share (applicable to shares
executed in AutoEx which added liquidity as Zero Display Orders),
where Total ADV is greater than or equal to 30 million.
---------------------------------------------------------------------------

    The proposed rule change would not modify other calculations of
average daily volume, volume tiers, or associated fees that are
included in the Fee Schedule.
Rationale
    The Exchange has determined that these changes are necessary to
increase the volume of liquidity adding and sub-dollar orders in AutoEx
for the purpose of increasing the revenue of the Exchange and
adequately funding its regulatory and general business functions. The
proposed modifications are reasonable and equitably allocated to those
ETP Holders that opt to provide liquidity adding and sub-dollar orders
in AutoEx, and are not discriminatory because ETP Holders are free to
elect whether or not to send such orders. Based upon the information
above, the Exchange believes that the proposed rule change is
consistent with the protection of investors and the public interest.
Operative Date and Notice
    The Exchange intends to utilize the proposed volume thresholds
effective June 1, 2009. Pursuant to Exchange Rule 16.1(c), the Exchange
will ``provide ETP Holders with notice of all relevant dues, fees,
assessments and charges of the Exchange'' through the issuance of a
Regulatory Circular of the changes to the Fee Schedule and will post a
copy of the rule filing on the Exchange's Web site (http://
www.nsx.com).
Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Act,\11\ in general, and
Section 6(b)(4) of the Act,\12\ in particular, in that it is designed
to provide for the equitable allocation of reasonable dues, fees and
other charges among its members and other persons using the facilities
of the Exchange. Moreover, the proposed fee and rebate structure is not
discriminatory in that all ETP Holders are eligible to submit (or not
submit) liquidity adding and sub-dollar trades and quotes, and may do
so at their discretion in the daily volumes they choose during the
course of the measurement period.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any inappropriate burden on competition.

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

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

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

    The proposed rule change has taken effect upon filing pursuant to
Section 19(b)(3)(A)(ii) of the Act \13\ and subparagraph (f)(2) of Rule
19b-4 \14\ thereunder, because, as provided in (f)(2), it changes ``a
due, fee or other charge applicable only to a member'' (known on the
Exchange as an ETP Holder). At any time within sixty (60) days of the
filing of such proposed rule change, the Commission may summarily
abrogate such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \14\ 17 CFR 240.19b-4 [sic].
---------------------------------------------------------------------------

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-NSX-2009-04 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-NSX-2009-04. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at the principal office of the self-regulatory
organization. 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-NSX-
2009-04 and should be submitted on or before July 6, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-13973 Filed 6-12-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: October 10, 2008 (Volume 73, Number 198)]
[Notices]
[Page 60262]
[DOCID:fr10oc08-64]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. ER08-1522-000]

WG Energy LLC; Supplemental Notice That Initial Market-Based Rate
Filing Includes Request for Blanket Section 204 Authorization

October 6, 2008.
    This is a supplemental notice in the above-referenced proceeding of
WG Energy LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is October 27, 2008.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-24160 Filed 10-9-08; 8:45 am]

BILLING CODE 6717-01-P


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

1. Agency/ Subagency originating request EPA/ CAMPD 2. OMB control number b. G None a_ 2060 0022 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c.

Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a.

Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes

No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a.

Three years from approval date b. G Other Specify: / /___

7. Title Standards of Performance for Petroleum Refineries ( 40 CFR Part 60, Subpart J)

8. Agency form number( s) ( If applicable) 1054.08 9. Keywords Air Pollution Control, Clean Air Act 10. Abstract Sources potentially subject to this standard are petroleum refineries. Subject sources have emission requirements for opacity, sulfur oxides, and carbon monoxide. Consequently, these sources are subject to monitoring, reporting, and recordkeeping requirements so that EPA may target inspections and determine compliance.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c.

Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 130 b. Total annual responses 430 1. Percentage of these responses collected electronically 70 % c. Total hours requested 17,359 d. Current OMB inventory 19,045 e. Difference ( 1,686) f. Explanation of difference 1. Program Change 0 2. Adjustment ( 1,686) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 91 c. Total annualized cost requested 91 d. Current OMB inventory 123 e. Difference ( 32 ) f. Explanation of difference 1. Program change 0 2. Adjustment ( 32 )

15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. _ P_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a.

Recordkeeping b. Q Third party disclosure c.

Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4.

Quarterly 5.

Semi annually 6. Q Annually 7. Q Biannually 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes

No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Dan Chadwick Phone: ( 202) 564 7054 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

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

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

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

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Proposed Rules]
[Pages 11827-11830]
[FR Doc No: 2023-03624]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0171; Project Identifier MCAI-2022-01266-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes). This proposed AD was prompted
by a determination that new or more restrictive airworthiness
limitations are necessary. This proposed AD would require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is proposed for incorporation by reference (IBR). The FAA is proposing
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 10,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR

11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0171; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.

Material Incorporated by Reference

     For material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu. It is
also available at regulations.gov under Docket No. FAA-2023-0171.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-0171; Project Identifier
MCAI-2022-01266-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

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

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0192, dated September 23, 2022
(EASA AD 2022-0192) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus SAS Model A300B4-601, A300B4-603,
A300B4-620, A300B4-622, A300B4-605R, A300B4-622R, A300C4-605R Variant
F, A300C4-620, A300F4-605R, and A300F4-622R airplanes. Model A300 C4-
620 airplanes are not certificated by the FAA and are not included on
the U.S. type certificate data sheet; this AD therefore does not
include those airplanes in the applicability. The MCAI states that new
or more restrictive airworthiness limitations have been developed.
    EASA AD 2022-0192 specifies that it requires certain tasks
(limitations) already in Airbus A300-600 ALS Part 2 DT-ALI, Revision
03, that is required by EASA AD 2019-0090, dated April 26, 2019 (which
corresponds to FAA AD 2019-21-01, Amendment 39-19767 (84 FR 56935,
October 24, 2019) (AD 2019-21-01)), and that incorporation of EASA AD
2022-0192 invalidates (terminates) prior instructions for those tasks.
This proposed AD would therefore terminate the limitations required by
paragraph (g) of AD 2019-21-01, for the tasks identified in the service
information referred to in EASA AD 2022-0192 only.
    The FAA is proposing this AD to address fatigue cracking, damage,
or corrosion in principal structural elements, which could result in
reduced structural integrity of the airplane. You may examine the MCAI
in the AD docket at regulations.gov under Docket No. FAA-2023-0171.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0192, which specifies new or more
restrictive airworthiness limitations for airplane structures and safe
life limits.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, which are specified in EASA AD
2022-0192 described previously, as incorporated by reference. Any
differences with EASA AD 2022-0192 are identified as exceptions in the
regulatory text of this proposed AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been

previously modified, altered, or repaired in the areas addressed by
this proposed AD, the operator may not be able to accomplish the
actions described in the revisions. In this situation, to comply with
14 CFR 91.403(c), the operator must request approval for an alternative
method of compliance (AMOC) according to paragraph (k)(1) of this
proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2022-0192 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0192 through that incorporation, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in EASA AD 2022-0192 does not mean that operators
need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2022-
0192. Service information required by EASA AD 2022-0192 for compliance
will be available at regulations.gov by searching for and locating
Docket No. FAA-2023-0171 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOCs paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions for Alternative Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 128 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. Therefore, the agency estimates the average total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2023-0171; Project Identifier MCAI-2022-
01266-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by April 10, 2023.

(b) Affected ADs

    This AD affects AD 2019-21-01, Amendment 39-19767 (84 FR 56935,
October 24, 2019) (AD 2019-21-01).

(c) Applicability

    This AD applies to all Airbus SAS airplanes identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category.
    (1) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
    (2) Model A300 B4-605R and B4-622R airplanes.
    (3) Model A300 F4-605R and F4-622R airplanes.
    (4) Model A300 C4-605R Variant F airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD prompted by a determination that new or more restrictive
airworthiness limitations are necessary. The FAA is issuing this AD
to address fatigue cracking, damage, or corrosion in principal
structural elements, which could result in reduced structural
integrity of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0192, dated September 23, 2022 (EASA AD 2022-0192).

(h) Exceptions to EASA AD 2022-0192

    (1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2022-0192.
    (2) Paragraph (3) of EASA AD 2022-0192 specifies revising ``the
AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2022-0192 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2022-0192, or within 90 days after the effective date of
this AD, whichever occurs later.
    (4) This AD does not adopt the provisions specified in paragraph
(4) of EASA AD 2022-0192.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0192.

 (i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative no
alternative actions (e.g., inspections) or intervals are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2022-0192.

 (j) Terminating Action for AD 2019-21-01

    Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2019-21-01 for the tasks identified
in the service information referred to in EASA AD 2022-0192 only.

 (k) Additional AD Provisions

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

 (l) Additional Information

    For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

 (m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0192,
dated September 23, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0192, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 15, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-03624 Filed 2-23-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 18, 2008 (Volume 73, Number 76)]
[Notices]
[Page 21149]
[DOCID:fr18ap08-83]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1749-DR]

Missouri; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Missouri (FEMA-1749-DR), dated March 19, 2008, and
related determinations.

EFFECTIVE DATE: April 9, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Missouri is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration of March 19, 2008.

    Barry, Barton, Camden, Cedar, Crawford, Dallas, Dent, Howell,
Lawrence, Miller, Mississippi, Montgomery, New Madrid, Pemiscot,
Perry, St. Clair, and Wright Counties for Public Assistance (already
designated for emergency protective measures [Category B], limited
to direct Federal assistance, under the Public Assistance program.)
    Bollinger, Butler, Cape Girardeau, Carter, Christian, Franklin,
Gasconade, Howard, Iron, Jefferson, Laclede, Madison, Maries,
McDonald, Newton, Oregon, Osage, Phelps, Pulaski, Reynolds, Ripley,
Scott, Shannon, Stoddard, Stone, Taney, Texas, Washington, Wayne,
and Webster Counties for Public Assistance (already designated for
Individual Assistance and emergency protective measures [Category
B], limited to direct Federal assistance, under the Public
Assistance program.)

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidential Declared Disaster Areas; 97.049, Presidential Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050 Presidential Declared Disaster Assistance to
Individuals and Households--Other Needs, 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-8456 Filed 4-17-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register: October 15, 2010 (Volume 75, Number 199)]
[Notices]
[Page 63500-63501]
[DOCID:fr15oc10-119]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1939-DR; Docket ID FEMA-2010-0002]

Virgin Islands; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Territory of the U.S. Virgin Islands (FEMA-1939-DR),
dated September 28, 2010, and related determinations.

DATES: Effective Date: September 28, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 28, 2010, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the
Territory of the U.S. Virgin Islands resulting from Hurricane Earl
during the period of August 29-31, 2010, is of sufficient severity
and magnitude to warrant a major disaster declaration under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the Territory of the U.S.
Virgin Islands.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the Territory of
the U.S. Virgin Islands. Consistent with the requirement that
Federal assistance is supplemental, any Federal funds provided under
the Stafford Act for Public Assistance and Hazard Mitigation will be
limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for

a period not to exceed six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Philip E. Parr, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following islands of the Territory of the U.S. Virgin Islands
have been designated as adversely affected by this major disaster:

    The islands of St. Croix, St. John, and St. Thomas, including
Water Island for Public Assistance.
    All islands within the Territory of the U.S. Virgin Islands are
eligible to apply for assistance under the Hazard Mitigation Grant
Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-26054 Filed 10-14-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2759-2760]
[FR Doc No: 2023-00683]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0113; Notice 1]

Mack Trucks, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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

SUMMARY: Mack Trucks, Inc., (Mack Trucks), has determined that certain
model year (MY) 2015-2023 Mack GU/GR Class 8 trucks and truck-tractors
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS)
No. 108, Lamps, Reflective Devices, and Associated Equipment. Mack
Trucks filed an original noncompliance report dated November 1, 2022,
and amended the report on November 3, 2022. Mack Trucks petitioned
NHTSA on November 23, 2022, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
This document announces receipt of Mack Trucks' petition.

DATES: Send comments on or before February 16, 2023.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and may be
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a

Federal Register notice published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Leroy Angeles, Safety Compliance
Engineer, Office of Vehicle Safety Compliance, NHTSA,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    I. Overview: Mack Trucks determined that certain MY 2015-2023 Mack
GU/GR Class 8 trucks and truck-tractors do not fully comply with
paragraph S6.4.3(a) and Table V-b of FMVSS No. 108, Lamps, Reflective
Devices, and Associated Equipment (49 CFR 571.108).
    Mack Trucks filed an original noncompliance report dated November
1, 2022, and amended the report on November 3, 2022, pursuant to 49 CFR
part 573, Defect and Noncompliance Responsibility and Reports. Mack
Trucks petitioned NHTSA on November 23, 2022, for an exemption from the
notification and remedy requirements of 49 U.S.C. chapter 301 on the
basis that this noncompliance is inconsequential as it relates to motor
vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR
part 556, Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of Mack Trucks' petition is published under
49 U.S.C. 30118 and 30120 and does not represent any agency decision or
another exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Approximately 27,544 MY 2015-2023 Mack GU/GR
Class 8 trucks and truck-tractors, manufactured between September 1,
2014, and September 30, 2022, are potentially involved:
    III. Noncompliance: Mack Trucks explains that the subject vehicles
are equipped with turn signal lamps that do not meet the visibility
requirement specified by S6.4.3(a) and Table V-b of FMVSS No. 108.
Specifically, in the direction of the corner point 15 degrees downward
and 45 degrees inboard angle, the turn signal lamps provide less than
the required 1,250 sq mm of unobstructed effective projected luminous
lens area.
    IV. Rule Requirements: Paragraph S6.4.3 of FMVSS No. 108 includes
the requirements relevant to this petition. A manufacturer is required
to certify compliance of each lamp function to one of two visibility
requirement options: the lens area option or the luminous intensity
option. The manufacturer may not thereafter choose a different option
for that vehicle.
    V. Summary of Mack Trucks' Petition: The following views and
arguments presented in this section, ``V. Summary of Mack Trucks'
Petition,'' are the views and arguments provided by Mack Trucks. They
have not been evaluated by the Agency and do not reflect the views of
the Agency. Mack Trucks describes the subject noncompliance and
contends that the noncompliance is inconsequential as it relates to
motor vehicle safety.
    Mack Trucks explains that after FMVSS No. 108 was updated in 2014,
certain vehicle configurations were not updated accordingly which
resulted in the subject vehicles being noncompliant with the taillamp
signal visibility requirements provided in S6.4.3. Mack Trucks states
that due to an unrelated engineering change, the subject noncompliance
was identified. Mack Trucks found the GU and GR Axle Back models of the
subject vehicles only provided at least 1,250 sq mm of unobstructed
view until the 15 degrees downward and 37 degrees inboard angle instead
of the required 15 degrees downward and 45 degrees inboard angle. For
the GU and GR Axle Forward and Axle Forward Extended Frame Rails models
of the subject vehicles, Mack Trucks found that the required visibility
area was only provided until the 7 degrees downward and 45 degrees
inboard angle instead of the 15 degrees downward and 45 degrees inboard
angle that is required by S6.4.3(a) and Table V-b of FMVSS No. 108.
    Mack Trucks provides illustrations of the subject vehicles in its
petition to show how the noncompliance occurs on the affected vehicle
configurations.
    Mack Trucks concludes by stating its belief that the subject
noncompliance is inconsequential to motor vehicle safety and its
petition for relief from providing notice and remedy for the
noncompliance be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject vehicles that Mack Trucks no
longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after Mack
Trucks notified them that the subject noncompliance existed.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8.)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2023-00683 Filed 1-13-23; 8:45 am]
BILLING CODE 4910-59-P


                          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            National Vehicle and Fuel Emissions Laboratory 2000 Traverwood Drive
                                 Ann Arbor, Michigan 48105-2498

September 24, 2020

MEMORANDUM

             SUBJECT:	Meeting with United States Chamber of Commerce  -  August 6, 2020

             FROM:	Bryan Manning, General Engineer
             	Assessment and Standards Division
             Office of Transportation and Air Quality
             U.S. Environmental Protection Agency

TO:	Docket No. EPA-HQ-OAR-2018-0276

On August 6, 2020, representatives from the United States (U.S.) Chamber of Commerce met virtually with representatives of the Environmental Protection Agency (EPA) on the subject of the recently proposed rulemaking for airplane greenhouse gas emission standards.  A list of attendees is provided below.  The EPA presented a summary of the proposed rulemaking during this meeting, and the presentation is attached.

The meeting attendees included:

EPA
Julia Burch
William Charmley
Courtney Herbolsheimer
Bryan Manning
Mike Samulski

Air BP
Steve Anderson

Airlines for America
Veronica Bradley

Airports Council International-North America
Melinda Pagliarello

American Forest & Paper
Timothy Hunt

American Petroleum Institute
Lauren Coughlin

Boeing
Peter Pagano

BP
John Stumpf

General Motors
Cherie Wilson

National Lime Association
Bradford Frisby

NJ State Chamber of Commerce
Michael Egenton

U.S. Chamber of Commerce
Dan Byers
Chuck Chaitovitz
Stephen Eule
Christopher Guith

Attachments:
 EPA presentation summarizing the proposed rulemaking


[Federal Register Volume 79, Number 88 (Wednesday, May 7, 2014)]
[Notices]
[Pages 26272-26274]
[FR Doc No: 2014-10387]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72071; File No. SR-NASDAQ-2014-046]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Regarding the Quarterly Options Series Program

May 1, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on April 25, 2014, The NASDAQ Stock Market LLC (``NASDAQ'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by NASDAQ. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

    NASDAQ proposes to amend Chapter IV (Securities Traded on NOM),
Supplementary Material .04(c) to Section 6 (Series of Options Contracts
Open for Trading) of The NASDAQ Options Market LLC (``NOM'') in order
to modify the Quarterly Options Series (``QOS'') Program to eliminate
the cap on the number of additional series that may be listed per
expiration month for each QOS in exchange-traded fund (``ETF'')
options.
    The text of the proposed rule change is attached hereto as Exhibit
5.
    The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com/, at NASDAQ's principal office, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to amend Chapter IV, Supplementary
Material .04(c) to Section 6 to modify the QOS Program to eliminate the
cap on the number of additional series that may be listed per
expiration month for each QOS in ETF options. This filing does not
propose any substantive changes to the QOS Program.
    The Exchange is proposing to amend its Chapter IV, Supplementary
Material .04(c) to Section 6 to align its rules with those of other
options exchanges that do not have a cap on the number of additional
series that may be listed per expiration month for each QOS in ETF
options.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 71080 (December 16,
2013), 78 FR 77191 (December 20, 2103) (notice of filing and
immediate effectiveness of SR-CBOE-2013-125) (the ``CBOE Filing'').
See also Securities Exchange Act Release Nos. 70854 (November 13,
2013), 78 FR 69465 (November 19, 2103) (notice of filing and
immediate effectiveness of SR-NYSEMKT-2013-90); and 70855 (November
13, 2013), 78 FR 69493 (November 19, 2013) (notice of filing and
immediate effectiveness of SR-NYSEArca-2013-120) (collectively, the
``NYSE Filings'').
---------------------------------------------------------------------------

    As set out in Supplementary Material .04 to Section 6, the Exchange
may list QOS up to five currently listed options

classes that are either index options or options on ETFs. The Exchange
may also list QOS on any option classes that are selected by other
securities exchanges that employ a similar program under their
respective rules. Currently, for each QOS in ETF options that has been
initially listed on the Exchange, the Exchange may list up to 60
additional series per expiration month. The Exchange now proposes to
delete the 60 additional series cap.
    The Exchange notes that its proposal would also make the treatment
of additional QOS series in ETF options consistent with the treatment
of additional QOS series in stock index options.\4\ While these QOS
Programs are similar, the QOS Program in stock index options does not
place a cap on the number of additional series that the Exchange may
list per expiration month for each QOS in index options. Elimination of
the cap set forth in Supplementary Material .04(c) to Section 6,
therefore, would result in similar regulatory treatment in respect of
additional series in ETF options and additional series in index
options. The Exchange also notes that it is not subject to the same
series limitations for other programs including options series with
weekly expirations.\5\
---------------------------------------------------------------------------

    \4\ See Chapter XIV, Section 11(g), which governs the QOS for
index options.
    \5\ Chapter IV, Supplementary Material .07 to Section 6, for
example, governs the Exchange's Short Term Options (``STOs'', which
are also known as ``Weeklys'') Series Program. Supplementary
Material .07 sets a maximum number of thirty (30) currently listed
strikes on which Short Term Option Series may be opened. The
Exchange also may list Short Term Option Series on any option
classes that are selected by other securities exchanges that employ
a similar program under their respective rules. If the Exchange
opens less than twenty (20) Short Term Option Series, additional
series may be opened for trading on the Exchange when the Exchange
deems it necessary to maintain an orderly market, to meet customer
demand or when the market price of the underlying security moves
substantially from the exercise price or prices of the series
already opened. Any additional strike prices listed by the Exchange
shall be within thirty percent (30%) above or below the current
price of the underlying security. The Exchange may also open
additional strike prices of Short Term Option Series that are more
than 30% above or below the current price of the underlying security
provided that demonstrated customer interest exists for such series,
as expressed by institutional, corporate or individual customers or
their brokers (Market-Makers trading for their own account shall not
be considered when determining customer interest under this
provision).
---------------------------------------------------------------------------

    The Exchange believes the elimination of the cap would also help
market participants meet their investment objective by providing
expanded opportunities to roll ETF options into later quarters. Because
of the current cap, however, the Exchange may not be able to list the
appropriate series to do so. Elimination of the cap would allow the
Exchange to meet the investment needs of market participants in such
situations. Elimination of the cap would also allow the Exchange to
react to moving markets by adding appropriate strike prices closer to
the underlying security. The Exchange believes that the proposed change
would provide market participants with the ability to better tailor
their trading to meet their investment objectives, including hedging
securities positions, by permitting the Exchange to list additional QOS
in ETF options that meet such objectives. With regard to the impact of
this proposal on system capacity, the Exchange represents that it and
the Options Price Reporting Authority (``OPRA'') have the necessary
systems capacity to handle any potential additional traffic associated
with this current amendment to the QOS Program. The Exchange believes
that its members will not have a capacity issue as a result of this
proposal. The Exchange also represents that it does not believe this
expansion will cause fragmentation to liquidity.
    To help ensure that only active options series are listed, the
Exchange has in place procedures to delist inactive series. Chapter IV,
Supplementary Material .04 to Section 6 requires the Exchange to
review, on a monthly basis, the QOS Program series that are outside a
range of five (5) strikes above and five (5) strikes below the current
price of the underlying ETF, and delist series with no open interest in
both the put and the call series having: (a) A strike higher than the
highest strike price with open interest in the put and/or call series
for a given expiration month; or (b) a strike lower than the lowest
strike price with open interest in the put and/or call series for a
given expiration month.\6\ The Exchange believes this provision helps
to maintain capacity to handle quote traffic.
---------------------------------------------------------------------------

    \6\ Chapter IV, Supplementary Material .04(f) to Section 6.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\7\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \8\ requirements that the rules of
an exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes that the proposed rule change
is designed to remove impediments to and perfect the mechanism of a
free and open market because it will expand the investment options
available to investors and will allow for more efficient risk
management. The Exchange believes that removing the cap on the number
of QOS in ETF options permitted to be listed on the Exchange will
result in a continuing benefit to investors by giving them more
flexibility to closely tailor their investment and hedging decisions to
their needs, and, therefore, the proposal is designed to protect
investors and the public interest. In addition, the elimination of the
cap will, as discussed, make the treatment of additional QOS series in
ETF options consistent with most options exchanges, and consistent with
the treatment of additional QOS series in index options on the
Exchange, thus resulting in similar regulatory treatment for similar
option products.
    With regard to the impact of this proposal on system capacity, the
Exchange has noted that it and OPRA have the necessary systems capacity
to handle any potential additional traffic associated with this current
amendment to the QOS Program. The Exchange believes that its members
will not have a capacity issue as a result of this proposal. The
Exchange also represents that it does not believe this expansion will
cause fragmentation to liquidity.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, the Exchange
believes that the proposed rule change will relieve any burden on, and
in fact will promote, competition. The elimination of the cap on
additional series in the QOS program will benefit investors by
providing more flexibility to more closely tailor their investment and
hedging decisions.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6)
thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange stated that waiver of this requirement will allow
the Exchange to compete with other options exchanges proposing similar
changes without putting the Exchange at a competitive disadvantage. The
Exchange also stated that the proposal protects investors and is in the
public interest because it fosters competition by allowing the QOS
Program to increase on more than one exchange. For these reasons, the
Commission believes that the proposed rule change presents no novel
issues and that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest; and will allow the
Exchange to remain competitive with other exchanges. Therefore, the
Commission designates the proposed rule change to be operative upon
filing.\11\
---------------------------------------------------------------------------

    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2014-046 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2014-046. 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 Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-NASDAQ-2014-046 and should
be submitted on or before May 28, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-10387 Filed 5-6-14; 8:45 am]
BILLING CODE 8011-01-P