[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80589-80591]
[FR Doc No: 2023-25582]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0865]
RIN 1625-AA00

Safety Zone; Oswego River, Oswego, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 210-foot radius of a pedestrian bridge and
the surrounding Oswego River in Oswego, NY. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by a fireworks display. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port, Sector Buffalo.

DATES: This rule is effective from 5:15 p.m. through 6:45 p.m. November
25, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0865 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT William Kelley, Waterways Management at Sector
Buffalo, U.S. Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the event sponsor did not submit
notice of the fireworks display to the Coast Guard with sufficient time
remaining before the event to publish an NPRM. Delaying the effective
date of this rule to wait for a comment period to run would be
impracticable and contrary to the public interest by inhibiting the
Coast Guard's ability to protect spectators and vessels from the
hazards associated with this fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30-day notice period to run
would be impracticable and contrary to the public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP)
Buffalo has determined that fireworks over the water presents
significant risks to public safety and property. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the fireworks display is taking
place.

IV. Discussion of the Rule

    This rule establishes a safety zone from 5:15 p.m. through 6:45
p.m. on November 25, 2023. The safety zone will cover all navigable
waters within a 210-foot radius of land launched fireworks over the
Oswego River in Oswego, NY. The duration of the zone is intended to
protect spectators, vessels, and the marine environment in these
navigable waters during the fireworks display. No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP Buffalo or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and

benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
This rule has not been designated a ``significant regulatory action,''
under section 3(f) of Executive Order 12866, as amended by Executive
Order 14094 (Modernizing Regulatory Review). Accordingly, this rule has
not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. The safety zone
will encompass a 210-foot radius of land launched fireworks in the
Oswego River, in Oswego, NY, lasting approximately 1.5 hours during the
evening when vessel traffic is normally low. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, and the rule would allow vessels to seek permission to
enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal Government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting approximately 1.5 hours that will prohibit entry
within a 210-foot radius on the Oswego River, in Oswego, NY. for a
fireworks display. It is categorically excluded from further review
under paragraph L60(a)of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T09-0865 to read as follows:

Sec.  165.T09-0865  Safety Zone; Oswego River, NY.

    (a) Location. The following area is a safety zone: All waters of
the Oswego River, from surface to bottom, encompassed by a 210-foot
radius around 43[deg]27'15.18'' N 76[deg]30'27.89'' W.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Buffalo (COTP) in the enforcement of the safety
zone.

    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the COTP Buffalo or a
designated representative.
    (2) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP Buffalo or their designated representative
to obtain permission to do so. The COTP Buffalo or their designated
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the COTP Buffalo, or their
designated representative.
    (d) Enforcement period. The regulated area described in paragraph
(a) is effective from 5:15 p.m. through 6:45 p.m. on November 25, 2023.

    Dated: November 9, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-25582 Filed 11-17-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30821-30825]
[FR Doc No: 2023-10126]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97452; File No. SR-CBOE-2023-025]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Extend
the Operation of its Flexible Exchange Options (``FLEX Options'') Pilot
Program Regarding Permissible Exercise Settlement Values for FLEX Index
Options

May 8, 2023.
    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 3, 2023, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange

Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Exchange filed the proposal as a ``non-controversial''
proposed rule change pursuant to section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to extend the operation of its Flexible Exchange Options (``FLEX
Options'') pilot program regarding permissible exercise settlement
values for FLEX Index Options. The text of the proposed rule change is
provided below.
(additions are italicized; deletions are [bracketed])
* * * * *
    Rules of Cboe Exchange, Inc.
* * * * *

Rule 4.21. Series of FLEX Options

    (a) No change.
    (b) Terms. When submitting a FLEX Order for a FLEX Option series
to the System, the submitting FLEX Trader must include one of each
of the following terms in the FLEX Order (all other terms of a FLEX
Option series are the same as those that apply to non-FLEX Options),
provided that a FLEX Index Option with an index multiplier of one
may not be the same type (put or call) and may not have the same
exercise style, expiration date, settlement type, and exercise price
as a non-FLEX Index Option overlying the same index listed for
trading (regardless of the index multiplier of the non-FLEX Index
Option), which terms constitute the FLEX Option series:
    (1)-(4) No change.
    (5) settlement type:
    (A) No change.
    (B) FLEX Index Options. FLEX Index Options are settled in U.S.
dollars, and may be:
    (i) No change.
    (ii) p.m.-settled (with exercise settlement value determined by
reference to the reported level of the index derived from the
reported closing prices of the component securities), except for a
FLEX Index Option that expires on any business day that falls on or
within two business days of a third Friday-of-the-month expiration
day for a non-FLEX Option (other than a QIX option) may only be
a.m.-settled; however, for a pilot period ending the earlier of [May
8]November 6, 2023 or the date on which the pilot program is
approved on a permanent basis, a FLEX Index Option with an
expiration date on the third-Friday of the month may be p.m.-
settled;
    (iii)-(iv) No change.
* * * * *
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, 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
    On January 28, 2010, the Securities and Exchange Commission (the
``Commission'') approved a Cboe Options rule change that, among other
things, established a pilot program regarding permissible exercise
settlement values for FLEX Index Options.\5\ The Exchange has extended
the pilot period numerous times, which is currently set to expire on
the earlier of May 8, 2023 or the date on which the pilot program is
approved on a permanent basis.\6\ The purpose of this rule change
filing is to extend the pilot program through the earlier of November
6, 2023 or the date on which the pilot program is approved on a
permanent basis.\7\ This filing simply seeks to extend the operation of
the pilot program and does not propose any substantive changes to the
pilot program.
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    \5\ Securities Exchange Act Release No. 61439 (January 28,
2010), 75 FR 5831 (February 4, 2010) (SR-CBOE-2009-087) (``Approval
Order''). The initial pilot period was set to expire on March 28,
2011, which date was added to the rules in 2010. See Securities
Exchange Act Release No. 61676 (March 9, 2010), 75 FR 13191 (March
18, 2010) (SR-CBOE-2010-026).
    \6\ See Securities Exchange Act Release Nos. 64110 (March 23,
2011), 76 FR 17463 (March 29, 2011) (SR-CBOE-2011-024); 66701 (March
30, 2012), 77 FR 20673 (April 5, 2012) (SR-CBOE-2012-027); 68145
(November 2, 2012), 77 FR 67044 (November 8, 2012) (SR-CBOE-2012-
102); 70752 (October 24, 2013), 78 FR 65023 (October 30, 2013) (SR-
CBOE-2013-099); 73460 (October 29, 2014), 79 FR 65464 (November 4,
2014) (SR-CBOE-2014-080); 77742 (April 29, 2016), 81 FR 26857 (May
4, 2016) (SR-CBOE-2016-032); 80443 (April 12, 2017), 82 FR 18331
(April 18, 2017) (SR-CBOE-2017-032); 83175 (May 4, 2018), 83 FR
21808 (May 10, 2018) (SR-CBOE-2018-037); 84537 (November 5, 2018),
83 FR 56113 (November 9, 2018) (SR-CBOE-2018-071); 85707 (April 23,
2019), 84 FR 18100 (April 29, 2019) (SR-CBOE-2019-021); 87515
(November 13, 2020), 84 FR 63945 (November 19, 2019) (SR-CBOE-2019-
108); 88782 (April 30, 2020), 85 FR 27004 (May 6, 2020) (SR-CBOE-
2020-039); 90279 (October 28, 2020), 85 FR 69667 (November 3, 2020)
(SR-CBOE-2020-103); 91782 (May 5, 2021), 86 FR 25915 (May 11, 2021)
(SR-CBOE-2021-031); 93500 (November 1, 2021), 86 FR 61340 (November
5, 2021) (SR-CBOE-2021-064); 94812 (April 28, 2022), 87 FR 26381
(May 4, 2022) (SR-CBOE-2022-020); and 96239 (November 4, 2022), 87
FR 67985 (November 10, 2022) (SR-CBOE-2022-053) (extending the pilot
program through the earlier of May 8, 2023 or the date on which the
pilot program is approved on a permanent basis). At the same time
the permissible exercise settlement values pilot was established for
FLEX Index Options, the Exchange also established a pilot program
eliminating the minimum value size requirements for all FLEX
Options. See Approval Order, supra note 1. The pilot program
eliminating the minimum value size requirements was extended twice
pursuant to the same rule filings that extended the permissible
exercise settlement values (for the same extended periods) and was
approved on a permanent basis in a separate rule change filing. See
id; and Securities Exchange Act Release No. 67624 (August 8, 2012),
77 FR 48580 (August 14, 2012) (SR-CBOE-2012-040) (Order Granting
Approval of Proposed Rule Change Related to Permanent Approval of
Its Pilot on FLEX Minimum Value Sizes).
    \7\ The Exchange recently proposed to make the pilot program
permanent. See Securities Exchange Act Release No. 97368 (April 24,
2023) (SR-CBOE-2023-018).
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    Under Rule 4.21(b), Series of FLEX Options (regarding terms of a
FLEX Option),\8\ a FLEX Option may expire on any business day
(specified to day, month and year) no more than 15 years from the date
on which a FLEX Trader submits a FLEX Order to the System.\9\ FLEX
Index Options are settled in U.S. dollars, and may be a.m.-settled
(with exercise settlement value determined by reference to the reported
level of the index derived from the reported opening prices of the
component securities) or p.m.-settled (with exercise settlement value
determined by reference to the reported level of the index derived from
the reported closing prices of the component securities).\10\

Specifically, a FLEX Index Option that expires on, or within two
business days of, a third Friday-of-the-month expiration day for a non-
FLEX Option (other than a QIX option), may only be a.m. settled.\11\
However, under the exercise settlement values pilot, this restriction
on p.m.-settled FLEX Index Options was eliminated.\12\ As stated, the
exercise settlement values pilot is currently set to expire on the
earlier of May 8, 2023 or the date on which the pilot program is
approved on a permanent basis.
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    \8\ In 2019, prior Rule 24A.4.01, covering the pilot program,
was relocated to current Rule 4.21(b)(5). See Securities Exchange
Act Release No. 87235 (October 4, 2019), 84 FR 54671 (October 10,
2019) (SR-CBOE-2019-084).
    \9\ Except an Asian-settled or Cliquet-settled FLEX Option
series, which must have an expiration date that is a business day
but may only expire 350 to 371 days (which is approximately 50 to 53
calendar weeks) from the date on which a FLEX Trader submits a FLEX
Order to the System.
    \10\ See Rule 4.21(b)(5)(B); see also Securities Exchange Act
Release No. 87235 (October 4, 2019), 84 FR 54671 (October 10, 2019)
(SR-CBOE-2019-084). The rule change removed the provision regarding
the exercise settlement value of FLEX Index Options on the NYSE
Composite Index, as the Exchange no longer lists options on that
index for trading, and included the provisions regarding how the
exercise settlement value is determined for each settlement type, as
how the exercise settlement value is determined is dependent on the
settlement type.
    \11\ For example, notwithstanding the pilot, the exercise
settlement value of a FLEX Index Option that expires on the Tuesday
before the third Friday-of-the-month could be a.m. or p.m. settled.
However, the exercise settlement value of a FLEX Index Option that
expires on the Wednesday before the third Friday-of-the-month could
only be a.m. settled.
    \12\ No change was necessary or requested with respect to FLEX
Equity Options. Regardless of the expiration date, FLEX Equity
Options are settled by physical delivery of the underlying.
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    Cboe Options is proposing to extend the pilot program through the
earlier of November 6, 2023 or the date on which the pilot program is
approved on a permanent basis. Cboe Options believes the pilot program
has been successful and well received by its Trading Permit Holders and
the investing public for the period that it has been in operation as a
pilot. In support of the proposed extension of the pilot program, and
as required by the pilot program's Approval Order, the Exchange has
submitted to the Commission pilot program reports regarding the pilot,
which detail the Exchange's experience with the program. Specifically,
the Exchange provided the Commission with annual reports analyzing
volume and open interest for each broad-based FLEX Index Options class
overlying a third Friday-of-the-month expiration day, p.m.-settled FLEX
Index Options series.\13\ The annual reports also contained information
and analysis of FLEX Index Options trading patterns. The Exchange also
provided the Commission, on a periodic basis, interim reports of volume
and open interest.
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    \13\ The annual reports also contained certain pilot period and
pre-pilot period analyses of volume and open interest for third
Friday-of-the-month expiration days, a.m.-settled FLEX Index series
and third Friday-of-the-month expiration day Non-FLEX Index series
overlying the same index as a third Friday-of-the-month expiration
day, p.m.-settled FLEX Index option.
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    The Exchange believes there is sufficient investor interest and
demand in the pilot program to warrant its extension. The Exchange
believes that, for the period that the pilot has been in operation, the
program has provided investors with additional means of managing their
risk exposures and carrying out their investment objectives.
Furthermore, the Exchange believes that it has not experienced any
adverse market effects with respect to the pilot program, including any
adverse market volatility effects that might occur as a result of large
FLEX exercises in FLEX Option series that expire near Non-FLEX
expirations and use a p.m. settlement (as discussed below).
    In that regard, based on the Exchange's experience in trading FLEX
Options to date and over the pilot period, Cboe Options continues to
believe that the restrictions on exercise settlement values are no
longer necessary to insulate Non-FLEX expirations from the potential
adverse market impacts of FLEX expirations.\14\ To the contrary, Cboe
Options believes that the restriction actually places the Exchange at a
competitive disadvantage to its OTC counterparts in the market for
customized options, and unnecessarily limits market participants'
ability to trade in an exchange environment that offers the added
benefits of transparency, price discovery, liquidity, and financial
stability.
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    \14\ In further support, the Exchange also notes that the p.m.
settlements are already permitted for FLEX Index Options on any
other business day except on, or within two business days of, the
third Friday-of-the-month. The Exchange is not aware of any market
disruptions or problems caused by the use of these settlement
methodologies on these expiration dates (or on the expiration dates
addressed under the pilot program). The Exchange is also not aware
of any market disruptions or problems caused by the use of
customized options in the over-the-counter (``OTC'') markets that
expire on or near the third Friday-of-the-month and are p.m.
settled. In addition, the Exchange believes the reasons for limiting
expirations to a.m. settlement, which is something the SEC has
imposed since the early 1990s for Non-FLEX Options, revolved around
a concern about expiration pressure on the New York Stock Exchange
(``NYSE'') at the close that are no longer relevant in today's
market. Today, the Exchange believes stock exchanges are able to
better handle volume. There are multiple primary listing and
unlisted trading privilege (``UTP'') markets, and trading is
dispersed among several exchanges and alternative trading systems.
In addition, the Exchange believes that surveillance techniques are
much more robust and automated. In the early 1990s, it was also
thought by some that opening procedures allow more time to attract
contra-side interest to reduce imbalances. The Exchange believes,
however, that today, order flow is predominantly electronic and the
ability to smooth out openings and closes is greatly reduced (e.g.,
market-on-close procedures work just as well as openings). Also,
other markets, such as the NASDAQ Stock Exchange, do not have the
same type of pre-opening imbalance disseminations as NYSE, so many
stocks are not subject to the same procedures on the third Friday-
of-the-month. In addition, the Exchange believes that NYSE has
reduced the required time a specialist has to wait after
disseminating a pre-opening indication. So, in this respect, the
Exchange believes there is less time to react in the opening than in
the close. Moreover, to the extent there may be a risk of adverse
market effects attributable to p.m. settled options that would
otherwise be traded in a non-transparent fashion in the OTC market,
the Exchange continues to believe that such risk would be lessened
by making these customized options eligible for trading in an
exchange environment because of the added transparency, price
discovery, liquidity, and financial stability available.
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    The Exchange also notes that certain position limit, aggregation
and exercise limit requirements continue to apply to FLEX Index Options
in accordance with Rules 8.35, Position Limits for FLEX Options,
8.42(g) Exercise Limits (in connection with FLEX Options) and 8.43(j),
Reports Related to Position Limits (in connection with FLEX Options).
Additionally, all FLEX Options remain subject to the general position
reporting requirements in Rule 8.43(a).\15\ Moreover, the Exchange and
its Trading Permit Holder organizations each have the authority,
pursuant to Rule 10.9, Margin Required is Minimum, to impose additional
margin as deemed advisable. Cboe Options continues to believe these
existing safeguards serve sufficiently to help monitor open interest in
FLEX Option series and significantly reduce any risk of adverse market
effects that might occur as a result of large FLEX exercises in FLEX
Option series that expire near Non-FLEX expirations and use a p.m.
settlement.
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    \15\ Rule 8.43(a) provides that ``[i]n a manner and form
prescribed by the Exchange, each Trading Permit Holder shall report
to the Exchange, the name, address, and social security or tax
identification number of any customer who, acting alone, or in
concert with others, on the previous business day maintained
aggregate long or short positions on the same side of the market of
200 or more contracts of any single class of option contracts dealt
in on the Exchange. The report shall indicate for each such class of
options, the number of option contracts comprising each such
position and, in the case of short positions, whether covered or
uncovered.'' For purposes of Rule 8.43, the term ``customer'' in
respect of any Trading Permit Holder includes ``the Trading Permit
Holder, any general or special partner of the Trading Permit Holder,
any officer or director of the Trading Permit Holder, or any
participant, as such, in any joint, group or syndicate account with
the Trading Permit Holder or with any partner, officer or director
thereof.'' Rule 8.43(d).
---------------------------------------------------------------------------

    Cboe Options is also cognizant of the OTC market, in which similar
restrictions on exercise settlement values do not apply. Cboe Options
continues to believe that the pilot program is appropriate and
reasonable and provides market participants with additional flexibility
in determining whether to execute their customized options in an
exchange environment or in the OTC market. Cboe Options continues to
believe that market participants benefit from being able to

trade these customized options in an exchange environment in several
ways, including, but not limited to, enhanced efficiency in initiating
and closing out positions, increased market transparency, and
heightened contra-party creditworthiness due to the role of the Options
Clearing Corporation as issuer and guarantor of FLEX Options.
    If, in the future, the Exchange proposes an additional extension of
the pilot program, or should the Exchange propose to make the pilot
program permanent, the Exchange will submit, along with any filing
proposing such amendments to the pilot program, an annual report
(addressing the same areas referenced above and consistent with the
pilot program's Approval Order) to the Commission at least two months
prior to the expiration date of the program. The Exchange is required
to submit an annual report at least yearly. Currently, the Exchange
provides annual reports that cover the period from August 1st to July
31st of the applicable year. The Exchange will continue to provide
reports covering this period annually and any additional report at
least two months prior to the expiration date of the program covering
the full prior year in the case that the Exchange is requesting
permanent approval of the program.\16\ The Exchange will also continue,
on a periodic basis, to submit interim reports of volume and open
interest consistent with the terms of the exercise settlement values
pilot program as described in the pilot program's Approval Order.\17\
Additionally, the Exchange will provide the Commission with any
additional data or analyses the Commission requests because it deems
such data or analyses necessary to determine whether the pilot program
is consistent with the Exchange Act. The Exchange is in the process of
making public on its website all data and analyses previously submitted
to the Commission under the pilot program, and will make public any
data and analyses it submits to the Commission under the pilot program
in the future.\18\
---------------------------------------------------------------------------

    \16\ For example, if the Exchange plans on submitting a proposal
in April 2023 requesting permanent approval of the pilot program
expiring May 8, 2023, the Exchange would have to submit an annual
report no later than March 8, 2023 covering the full prior year.
    \17\ The Exchange is required to submit the interim reports on a
quarterly basis within 15 days of the end of each calendar quarter
that the pilot is in effect.
    \18\ Available at https://www.cboe.com/aboutcboe/legal-regulatory/national-market-system-plans/pm-settlement-flex-pm-data.
---------------------------------------------------------------------------

    As noted in the pilot program's Approval Order, any positions
established under the pilot program would not be impacted by the
expiration of the pilot program.\19\
---------------------------------------------------------------------------

    \19\ For example, a position in a p.m.-settled FLEX Index Option
series that expires on the third Friday-of-the-month in January 2020
could be established during the exercise settlement values pilot. If
the pilot program were not extended (or made permanent), then the
position could continue to exist. However, the Exchange notes that
any further trading in the series would be restricted to
transactions where at least one side of the trade is a closing
transaction. See Approval Order at footnote 3, supra note 1.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of section 6(b) of the Act.\20\ Specifically, the
Exchange believes the proposed rule change is consistent with the
section 6(b)(5) \21\ 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. Additionally,
the Exchange believes the proposed rule change is consistent with the
section 6(b)(5) \22\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(5).
    \22\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes that the proposed extension of
the pilot program, which permits an additional exercise settlement
value, would provide greater opportunities for investors to manage risk
through the use of FLEX Options. Further, the Exchange believes that it
has not experienced any adverse effects from the operation of the pilot
program, including any adverse market volatility effects that might
occur as a result of large FLEX exercises in FLEX Option series that
expire near Non-FLEX expirations and are p.m.-settled. The Exchange
also believes that the extension of the exercise settlement values
pilot does not raise any unique regulatory concerns. In particular,
although p.m. settlements may raise questions with the Commission, the
Exchange believes that, based on the Exchange's experience in trading
FLEX Options to date and over the pilot period, market impact and
investor protection concerns will not be raised by this rule change.
The Exchange also believes that the proposed rule change would continue
to provide Trading Permit Holders and investors with additional
opportunities to trade customized options in an exchange environment
(which offers the added benefits of transparency, price discovery,
liquidity, and financial stability as compared to the over-the-counter
market) and subject to exchange-based rules, and investors would
benefit as a result.

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

    Cboe Options does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes there
is sufficient investor interest and demand in the pilot program to
warrant its extension. The Exchange believes that, for the period that
the pilot has been in operation, the program has provided investors
with additional means of managing their risk exposures and carrying out
their investment objectives. Furthermore, the Exchange believes that it
has not experienced any adverse market effects with respect to the
pilot program, including any adverse market volatility effects that
might occur as a result of large FLEX exercises in FLEX Option series
that expire near Non-FLEX expirations and use a p.m. settlement. Cboe
Options believes that the restriction actually places the Exchange at a
competitive disadvantage to its OTC counterparts in the market for
customized options, and unnecessarily limits market participants'
ability to trade in an exchange environment that offers the added
benefits of transparency, price discovery, liquidity, and financial
stability. Therefore, the Exchange does not believe that the proposed
rule change will impose any burden on competition.

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

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

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

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant

burden on competition; and (iii) become operative for 30 days from the
date on which it was filed, or such shorter time as the Commission may
designate, it has become effective pursuant to section 19(b)(3)(A) of
the Act \23\ and Rule 19b-4(f)(6) thereunder.\24\
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \25\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\26\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. 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 states that
such waiver will allow the Exchange to extend the pilot program and
maintain the status quo, thereby reducing market disruption.
---------------------------------------------------------------------------

    \25\ 17 CFR 240.19b-4(f)(6)
    \26\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the pilot program to continue uninterrupted, thereby
avoiding investor confusion that could result from a temporary
interruption in the pilot program. For this reason, the Commission
designates the proposed rule change to be operative upon filing.\27\
---------------------------------------------------------------------------

    \27\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CBOE-2023-025 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-CBOE-2023-025. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. Do not include
personal identifiable information in submissions; you should submit
only information that you wish to make available publicly. We may
redact in part or withhold entirely from publication submitted material
that is obscene or subject to copyright protection. All submissions
should refer to File Number SR-CBOE-2023-025, and should be submitted
on or before June 2, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
---------------------------------------------------------------------------

    \28\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-10126 Filed 5-11-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Notices]
[Page 35372]
[FR Doc No: 2012-14353]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-1958-000]

Duke Energy Piketon, 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
Duke Energy Piketon, 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 June 27, 2012.
    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 Street 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 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>.

    Dated: June 7, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-14353 Filed 6-12-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 140 (Tuesday, July 22, 2014)]
[Notices]
[Page 42631]
[FR Doc No: 2014-17176]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0057]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated June 10, 2014, Mr. Wayne Kirchhof, President of the Walkersville
Southern Railroad (WSRR), petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR Part
215. FRA assigned the petition Docket Number FRA-2014-0057.
    Specifically, WSRR requests a waiver from the stenciling
requirement found at 49 CFR 215.303, for two flat cars, identified as
Car Numbers 10 and 11.
    WSRR states that the flat cars are more than 50 years of age from
their original construction date and, therefore, are restricted per 49
CFR 215.203(a).
    WSRR further states that these two flat cars have been outfitted
with seats, and are used in passenger excursion service over 7 miles of
track located entirely in Frederick County, MD, where all trains
operate under restricted speed rules not exceeding 10 mph.
    Additionally, WSRR states that the subject cars are not, and will
not be, interchanged with any other railroad. WSRR's operating
territory is generally rural in nature, and the cars have been
inspected and found to be safe to operate.
    WSRR has requested a Special Approval for these flat cars to
continue in service in accordance with 49 CFR 205.203(c).
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's Docket Operations Facility, 1200 New Jersey Avenue
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by September 5, 2014 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on July 8, 2014.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2014-17176 Filed 7-21-14; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: March 16, 2010 (Volume 75, Number 50)]
[Proposed Rules]
[Page 12468-12469]
[DOCID:fr16mr10-14]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0261; Directorate Identifier 2010-CE-008-AD]
RIN 2120-AA64

Airworthiness Directives; Quartz Mountain Aerospace, Inc. Model
11E Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Quartz Mountain Aerospace, Inc. Model 11E airplanes. This proposed AD
would require you to clean and lubricate the aileron pushrod bearings.
This proposed AD results from reports of the aileron control stick
force increasing and of the controls being very noisy. We are proposing
this AD to detect and correct insufficient lubrication and residual
metallic paint particles in the pushrod end ball joints, which could
result in difficulty actuating aileron controls sometime during flight
after takeoff. This condition could lead to difficulty controlling the
airplane in flight.

DATES: We must receive comments on this proposed AD by April 30, 2010.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    Quartz Mountain Aerospace, Inc. is in liquidation. For service/or
continued airworthiness information identified in this proposed AD,
contact Manager, Fort Worth Aircraft Certification Office, FAA, ATTN:
Garry D. Sills, Aerospace Engineer, Rotorcraft Directorate--Airplane
Certification Office, ASW-150, 2601 Meacham Blvd., Fort Worth, Texas
76193; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Garry D. Sills, Aerospace Engineer,
Rotorcraft Directorate--Airplane Certification Office, ASW-150, 2601
Meacham Blvd., Fort Worth, Texas 76193; telephone:<PHONE_NUMBER>; fax:
(817) 222-5960.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include the docket number, ``FAA-
2010-0261; Directorate Identifier 2010-CE-008-AD'' at the beginning of
your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of the proposed
AD. We will consider all comments received by the closing date and may
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive concerning this proposed AD.

Discussion

    We have received reports of the aileron control stick force
increasing and of the controls being very noisy on Quartz Mountain
Aerospace, Inc. Model 11E airplanes. This condition may not be
detectable before takeoff. In one actual instance, the condition
occurred during flight. The stick force increased after preflight
inspection and after takeoff. The airplane was operated by a student
pilot, who had trouble flying the airplane when this occurred, and the
certified flight instructor (CFI) had to take control and land the
airplane. Lubricating the rod end removed the condition.
    Inspection revealed the left and right aileron push rod forward
ends at the bellcrank were dry due to no lubrication.
    Further examination of the pushrod end ball joint hardware by the
manufacturer found that the ball joint surfaces were additionally
contaminated with specks of metallic paint as well as not being
lubricated. A review of manufacturer build procedures found airplane
painting with the rod ends exposed. Production procedures were changed
to prevent further contamination.
    This condition, if not corrected, could lead to difficulty
controlling the airplane in flight.

Relevant Service Information

    We have reviewed Quartz Mountain Aerospace Service Bulletin No. SB
09-02, dated May 5, 2009.
    The service information describes procedures for cleaning and
lubricating the aileron pushrod bearings.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This proposed AD
would require you to clean and lubricate the aileron pushrod bearings.

Costs of Compliance

    We estimate that this proposed AD would affect 12 airplanes in the
U.S. registry.
    We estimate the following costs to do the proposed cleaning and
lubrication:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost per   Total cost on
                          Labor cost                              Parts cost        airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................             $10              $95           $1,140
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have 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 that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the
regulatory evaluation, any comments received, and other information on
the Internet at http://www.regulations.gov; or in person at the Docket
Management Facility between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Quartz Mountain Aerospace, Inc.: Docket No. FAA-2010-0261;
Directorate Identifier 2010-CE-008-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive
(AD) action by April 30, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model 11E airplanes, all serial numbers,
that are certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight
Controls.

Unsafe Condition

    (e) This AD results from reports of the aileron control stick
force increasing and of the controls being very noisy. We are
issuing this AD to detect and correct insufficient lubrication and
residual metallic paint particles in the rod end ball joints, which
could result in difficulty actuating aileron controls sometime
during flight after takeoff. This failure could lead to difficulty
controlling the airplane in flight.

Compliance

    (f) To address this problem, you must do the following, unless
already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Clean and lubricate the   With the next 10      Follow Quartz
 aileron pushrod bearings.     hours time-in-        Mountain Aerospace
                               service (TIS) after   Service Bulletin
                               the effective date    No. SB 09-02, dated
                               of this AD.           May 5, 2009.
(2) Lubricate the aileron     Within 50 hours TIS   Follow Quartz
 pushrod bearings.             after the cleaning    Mountain Aerospace
                               and lubrication       Service Bulletin
                               required by           No. SB 09-02, dated
                               paragraph (f)(1) of   May 5, 2009.
                               this AD.
                               Thereafter,
                               repetitively at
                               intervals not to
                               exceed 50 hours TIS.
------------------------------------------------------------------------

Special Flight Permit

    (g) Under 14 CFR part 39.23, a special flight is not permitted
for this AD.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Fort Worth Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Garry D. Sills, Aerospace Engineer, Rotorcraft Directorate--Airplane
Certification Office, ASW-150, 2601 Meacham Blvd., Fort Worth, Texas
76193; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.

Related Information

    (i) Quartz Mountain Aerospace, Inc. is in liquidation. To get
copies of the service/continued airworthiness information referenced
in this AD, contact Manager, Fort Worth Aircraft Certification
Office, FAA, ATTN: Garry D. Sills, Aerospace Engineer, Rotorcraft
Directorate--Airplane Certification Office, ASW-150, 2601 Meacham
Blvd., Fort Worth, Texas 76193; telephone:<PHONE_NUMBER>; fax:
(817) 222-5960. To view the AD docket, go to U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or
on the Internet at http://www.regulations.gov.

    Issued in Kansas City, Missouri, on March 9, 2010.
Sandra J. Campbell,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-5631 Filed 3-15-10; 8:45 am]
BILLING CODE 4910-13-P


Name:           HOLCOMB
Title:
Organization:   STISCO INC
Date:           20030311
Address1:
Address2:
City:           VICTORIA
State:          TX
Zip Code:       77905
Docket Number:  S030
Exhibit Number: 7-11
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Safety Standards for Cranes and Derricks

The Occupational Safety and Health Administration is planning to establish a Crane and Derrick Negotiated Rulemaking Advisory Committee (C-DAC) under the Negotiated Rulemaking Act (NRA) and the Federal Advisory Committee Act (FACA). The Committee will include representatives of parties who would be significantly affected by the final rule.

On July 16, 2002, OSHA published a Federal Register notice of intent to establish a negotiated rulemaking committee (67 FR 46612) and requested nominations for membership. In the current Federal Register notice OSHA is asking for comments on the proposed list of fifty-five nominations.  The list can be found in the complete notice.

Please note that you may not attach materials such as studies or journal articles to your electronic comments. If you wish to include such materials, you must submit three copies to the OSHA Docket Office at the address listed above. When submitting such materials to the OSHA Docket Office, clearly identify your electronic comments by name, date, subject, and Docket Number, so that we can attach the materials to your electronic comments.

Online comments must be received by March 31, 2003 COB EST.  If you wish to commit online on the proposed list of Committee members, please enter your submission in the box below.  Thank you for your interest in worker safety and health.

I would ask the committee to consider the fact that since the advent of hydraulic cranes, many operators having not participated in an apprentiship program, such as they did when all cranes were friction type only, lack even the basic knowledge needed to identify and eliminate rigging hazards. This, coupled with the fact that most craftworkers are expected to serve as riggers without any formal rigging training either, is basically a recipe for disaster. I have been training riggers aqnd heavy equipment operators for two decades, and seldom run across an operator possessing the knowledge about rigging that he should have. Most craftworkers are in the same boat. OSHA requires a competent rigger at the hook, but that requirement is seldom met. I would suggest mandatory and standardized rigger training for everyone that serves in the construction industry.Thank YouSincerely;Hank Holcomb, MS, CELS, CSSS, CECM


c MEMORANDUM SUBJECT:

FROM: Gary M.. Katz, Director New Interim MBE/ WBE Terms and Conditions TO: Grants Management Ofices Attached are two new MBEIWBE terms and conditions which will be included in all new assistance agreements except fellowship agreements and agreements with foreign entities, Indian Tribes and Trust Territories. One of these terms and conditions applies to Clean Air Act Amendments of 1990 Assistance Agreements; the other applies to Non Clean Air Act Amendments of 1990 Assistance Agreements. Both of these terms and conditions are effective February 26, 1998.

Attachments For Clean Air Act Amendments of 1990 Assistance Agreements For State ReciDients gotiated a " Fair Share" objective far FY 1998, include the ions in assistance agreements:

A's Program for Utilization of Small, Minority and Women's Business ent under assistance programs, the recipient agrees to:

a) Except as provided in paragraphs ( f) and ( g) below, ensure to the fbllest extent possible that at least ( insert the FY 1997 " fair share" percentage) of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women, disabled Americans, historically black colleges and universities, colleges and universities having a student of the students are Hispanic, minority hstitutions having a minority and voluntary organitations controlled by individuals ntaged. This rate may be subject to change based upon b) Except as provided in paragraphs ( f) and ( g) below, include in its bid documents ` Yfair share" objectives of ( insert the FY 1997 fair share percentage) and require all of its prime contractors to include in their bid documents for subcontracts the ( insert the FY 1997 fair share percentage) fair share percentages.

c) Follow the six affirmative steps stated in 40 CFR 30.44( b) or 40 CFR 3 1.36( e), as appropriate.

d) Submit an EPA Form 5700 52A, " MBE/ WBE Utilization Under Federal Grants, Cooperative Agreements, and Interagency Agreements" to the EPA Award Ofiicial beginning with the Federal fiscal year quarter the recipient receives the award and continuing until the project is completed. These reports must be submitted to the award official within 30 days of the end of the Federal fiscal quarter ( January 30, April 30, July 30 and October 30) except for assistance awards for Continuing Environmental Programs which must be submitted to the EPA Award Official by October 3 e) In the event race andor gender neutral efforts prove to be inadequate to achieve a fair share objective for MBE/ WBEs, the recipient agrees to noti8 EPA in advance of any race andlor gender conscious action it plans to take to. more closely achieve the fair share objective.

1 ! uz/: 4/ Y8 TUE 12: 23 FAX 202 260 1828  EPAGRANTS OPS ,

For State Recipients ( continued)

have FY 1998 " fair share" negotiations based on availability completed Coordinator by March 3 1, 1998. An availability analysis based ority and women owned businesses to do the work in the on, services, equipment and supplies supporting the proposed e submitted to the ( insert the EPA Ml3EmE Coordinator) by ted by March 3 1,1998,

g) Once " fair shar ions for FY 1998 are completed, the recipient agrees to apply the rnent initiated after the FY 1998 " fair share" objectives become 1998 goals, the recipient also agrees to include in its bid documents ectives and require all of its prime contractors to include in their bid the FY 1998 fkir share percentages. The recipient also agrees to ugh ( e) above.

For Non State recipients If the recipient has not negotiated a " fair share" objective for FY 1998, include the following term and conditions in assistance agreements: \

In accordance with EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance programs, the recipient agrees to:

a) During the phase in period for FY 1998, &, until its State's FY 1998 MBEIWBE goals are approved by EPA no late EPA no later than March FY 1997 " fair share" percentage, or if it did not receive an assistance award for FY 1997, a minimum of 10%) of Federal finds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled economically disadvantaged individuals, women, and universities, colleges and universities having a studen students are Hispanic, minority institutions havin private and voluntary organizations controlled by disadvantaged. This rate may be subject to chang objectives. n March 3 1, 1998 or its own MBE/ WBE gods are approved by 1998), ensure to the kllest extent possible that at least ( insert the in which 40% or more of the dent body of 50% or more, and s who are socially and economically 998 " fair share"

b) During the phase in period for FY 1998 ( ie, until its State's FY 1998 h4BE" BE goals are approved by EPA no later than March 3 1, 1998 or its own MBEIWBE goals are approved by @

I 2 c) Follow the six affirmative steps stated in 40 CFR 30.44( b) or 40 CFR 31.36( e), as appropriate.

For Non State Recbients ( continue4 d) Submit an EPA Form 5700 524 " MBE/ WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreernents". to the EPA Award Official by October 30 of each year.

e) In the event race andor gender neutral efforts prove to be inadequate to achieve a fair share objective for MBE/ WBEs, the recipient agrees to not@ EPA in advance of any race and/ or gender conscious action it plans to take to more closely achieve the fair share objective.

f ) The recipient agrees to accept the applicable FY 1998 " f e share" gods negotiated with EPA by the State; if it does not want to rely on the applicable State's MBE/ WBE goals, the recipient agrees to submit proposed MBE/ WBE goals based on availability of qualified minority and women owned businesses to do the work in the relevant market for construction, services, equipment and supplies. " Fair share" objectives must be submitted to the ( insert the EPA MBENBE Coordinator) by February 28, 1998 and negotiated by March 3 1,1998.

g) The recipient agrees to apply the applicabIe State's FY 1998 " fair share" goals or its own negotiated FY 1998 " fair share" gods to any procurement initiated after the FY 1998 : fair share" objectives become effective. The recipient also agrees to include in its bid documents the applicable FY 1998 " fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the applicable FY 1998 " fair share" percentages and to comply with paragraphs ( c) through ( e) above. i I 1 i 1 I I 1 i 1 i i 1 E c 3 Y For Non State recbients who receive awards after March 31, 1998 For Clean Air Act Amendments of 1990 Assistance Aerecments In Program for Utilization of Srna and Women's Business En t under assistance programs, th 998 `` fair share" goals negotiated with EPA by the State ( insert *` fir share" percentage); if it does not want to rely on the applicable recipient agrees to sub sed MBEnxJBE goals based on ty and women owned supplies and equipment. `% Coordinator) within 60 d in the relevant market must be submitted to period for FY 1998, &, until its State's FY 1998 PVaBE/ WBE goals are own MBEMrBE goals are approved by EPA), ensure to the fbllest extent sert the FY 1997 " fair share'' percentage, or if it did not receive an FY 1997, a minimum of 10%) of Federal finds pime contracts or s, construction, equipment or services are m y socially and economically disadvantaged i lack colleges and universities, colleges and ore of the students are Hispanic, minority private and voIuntary organi disadvantaged. This rate m hare" objectives.

c) During the phase in period for FY 1998 untii its State's FY 1998 MBE/ WBE goals are documents " fair share" objectives of ( insert the FY 1997 " hir share" percentage, or if it did not receive an assistance award for FY 1997, a minimum of 10%) and require all of its prime contractors to include in their bid documents for subcontracts the negotiated fair share percentages. PA or its own MBE/ WBE goals are approved by P A ) , include in its bid d) Follow the six affirmative steps stated in 40 CFR 30.44( b) or 40 CFR 3 1.36( e), as appropriate.

e) Submit an EPA Form 5700 52A, " MBENBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" to the EPA Award Official by October 30 of each year.

f ) In the event race and/ or gender neutral efforts prove to be inadequate to achieve a fair share objective for MBE/ WBEs, the recipient akees to notify EPA in advance of any race and/ or 1 share objective.

to apply the applicable State's FY 1998 ` Wr share" goals or its own r share" gods to any procurement initiated after the FY 1998 " fair share" ve. The recipient also agrees share" objectives and require subcontracts the applicable FY ( c) through ( e) above, in it3 bid documents the rime contractors to include in r share" percentages and to 2 , NEW INTEFUM MBENBE TERM AND CONDITIONS For Non Clean Air Act Amendments of 1990 Assistance Agreements For State ReciDients ted a uFair Share" objective for FY 1998, include the assistance agreements:

e with EPA's Program for Utilization of Small, Minority and Women's Business procurement under assistance programs, the recipient agrees to:

a) Except as provided in paragraphs ( 0 and ( g) belo least ( insert the FY 1997 " fair share" percentages) o subcontracts for supplies, construction, equipment Revolving Fund ( SRF) he Mest extent possible that at s for prime contracts or ade available by the State, or y the State and/ or the State d or controlled by socially and ack colleges and universities. r share" negotiations .

b) Except as provided in paragraphs ( 0 and ( g) below, include in its bid documents " fsr share" objectives of ( insert the FY 1997 fair share percentages) include in their bid documents for subcontracts the ( iise share percentages. For Clean Water or Drinking Water to achieve to the fbllest extent possible, the State's fair selected project participants to comply with 40 CFR 30 the Drinking Water State Revolving Fund ( SRF) Prop c) FoIiow the six affirmative steps stated in 40 CFR 30.44@), 40 CFR 3 1.36( e), 35.3 I45( d), 35.6580, or the Drinking Water State RevoIving Fund ( SW) Program Guidelines, as appropriate. require all of its prime contractors to FY 1997 fair share percentages) fair ization grants, the recipient agrees ective and to require those .36( e), 35.3145( d), 35.6580 or ines, as appropriate.

d) Submit an EPA Form 5700 524 " Mf3E/ WBE Utilization Under Federal Grants, Cooperative Agreements, and Interagency Agreements" to the EPA Award Official beginning with the Federal fiscal year quarter the recipient receives the award and continuing until the project is completed. These reports must be submitted to the award official within 30 days of the end of the Federal fiscal quarter ( January 30, April 30, fuly 30 and October 30) except for assistance awards for Continuing Environmental Programs which must be submitted to the EPA Award Official by October 30 of each year. \

e) In the event race and/ or gender neutra1 efforts prove to be inadequate to achieve a fair share objective for MBEdWBEs, the recipient agrees to notify EPA in advance of any race and/ or gender conscious action it plans to take to more closely achieve the fair share objective.

1 ! I I I i i I !

I I i I I i j I I I I I 1 i NEW LNTERIM MBEWBE " E For State Recipients ( continue4 have FY 1998 " fair oordinator by M minority and women owned businesses to do the work in the ction, services, equipment and supplies supporting ' negotiations based on availability completed , 1998. An availability analysis based to the ( insert the EPA MBIYWBE g) Once " fair share" negotiations for FY 1998 are completed, the recipient agrees to apply the FY 1998 goal to any procurement initiated after the FY 1998 " fair share" objectives become effective. The reci objectives and subcontracts the FY 1998 fair share percentages. The recipient also agrees to comply with paragraphs ( c) through ( e) above. so agrees to include in its bid documents FY 1998 " fair share" fits prime contractors to include in their bid documents for For Non state reciaients If the recipient has not negotiated a " fair share" objective for 3? Y 1998, include the following term and conditions in assistance agreements:

I In accordance with EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance programs, the recipient agrees to:

a) Durhg the phase in period, for FY 1998 & until its State's FY 1998 MBE/ WBE goals are approved by EPA no later than March 3 1, 1998 or its own goals are approved by EPA no later than March 3 I, 1998), ensure to the fbllest extent possible that at least ( insert the FY 1997 " fair equipment or services are made available to organizations owned or controlled by socially and economjcally disadvantaged individuals, women and historically black colleges and universities. This rate may be SU b) During the phase in period for FY 1998 ( 3 3 until its State's FY 1998 MBE/ WBE goals are approved by EPA no later than March 3 1, 1998 or its own MBE/ WBE gods are approved by EPA no later than March 31, 1998), include in its bid documents " fair share" objectives of ( insert the FY I997 fair share percentage, or if it did not receive an assistance award for FY 1997, a subcontracts the negotiated fair share percentages. 1 I share" percentage) of Federal finds for prime contracts or subcontracts for supplies, construction,

I to change based upon negotiated FY 1998 " fair share" objectives. I ,

,

I I minimum of 8%) and require all of its prime contractors to include in their bid documents for I ,

2 NEW INTERIM MBE/ WBE TERM AND CO e steps stated in 40 CFR 30.44( b), 40 CFR 3 1.36( e), 35.3145( d), or d) For assistance awards for continuing environmental programs and assistance awards with institutions of higher education, hospitals and other non profit organizations, submit an EPA Form 5700 52A, " MBENBE Utilization Under Federal Grants, Cooperative Agreements and reements" to the EPA Award Official by October 30 of each year, Other program submitted to the award ofEciaI within 30 days of the end of the Federal fiscal 30, April 30, July 30, and October 30).

e) In the event race and/ or gender neutral efforts prove to be inadequate to achieve a fair share objective for MBEMEs, the recipient agrees to notify EPA in advance of any race and/ or gender conscious action it plans to take to more closely achieve the fair sh. are objective.

f ) The recipient agrees to accept the applicable FY 1998 " fair share" goals negotiated with EPA by the State; if you do not want to rely on the applicable State's MBE/ WBE goals, the recipient agrees to submit proposed M B M E goals based on availability of qualified minority and women owned businesses to do the work in the relevant market for construction, services, equipment and supplies. " Fair share" objectives must be submitted to the ( insert the EPA MBE/ WBE Coordinator) by February 28, 1998 and negotiated by March 3 1,1998.

g) The recipient agrees to apply the applicable State's FY 1998 " fair share" goals or its own negotiated FY 1998 " fair share" goais to any procurement initiated after the FY 1998 " fair share" objectives become effective. The recipient also agrees to include in its bid documents the applicable FY 1998 " fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the applicabfe FY 1998 " fair share" percentages and to comply with paragraphs ( c) through ( e) above.

3 NEW M'BENBE TERMS AND CONDTTIONS and Women's Business ees to:

8 " fair share'' goals ir share" percentage); if i recipient agrees to submit propos and women owned businesses ies and equipment. ` Tair share" dinator) within 60 days of aw ved by EPA no later b) During the phase in period, for FY 1998 ( i i until its State's FY I998 MBE/ WBE goals are Sure to the fillest extent possible de& finds for prime contracts or ividuals, women and to change based upon r its own goals are approved by EPA), 1997 " fair share" percentage) o cially and economically disadvantaged and universities. This rate may be subj hare" objectives. , construction, equipment or sewices are made available to organizations c) During the phase in period for FY 1998 ( le, until its State's FY 1998 MBE/ WBE goals are approved by EPA or its own PVIBEIWBE goals are approved by EPA), include in its bid documents " fair share" objectives of ( insert the FY 1997 fair share percentage, or if it did not receive an assistance award for FY 1997, a minimum of 8%) and require all of its prime contractors to include in their bid documents for subcontracts the negotiated fair share percentages.

d) Follow the six affirmative steps stated in 40 CFR 30.44( b), 40 CFR 31.36( e), 35.3 145( d), or 35.6580, as appropriate.

e) For assistance awards for continuing environmental programs and assistance awards with institutions of higher education, hospitals and other non profit organizations, submit an EPA Form 5700 524 " MBE/ WBE Utiiization Under Federal Grants, Cooperative Agreements and Interagency Agreements" to the EPA Award Otficial by October 30 of each year. Other program reports must be submitted to the award official within 30 days of the end of the Federal fiscal quarter ( January 30, April 30, July 30, and October 30).

1 For Non Ciean Air Act Amendments of 1990 Assistance Agreements , der neutral efforts prov pient agrees to no take to more clos share objective.

ply the applicable State's FY 1 e" goals to any procurement initiat . The recipient also agrees to includ re" objectives and require all of i ontracts the applicable FY 1998 actors to include in ercentages and to ough ( e) above.

2