[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Notices]
[Pages 30508-30511]
[FR Doc No: 2015-12835]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75031; File No. SR-NASDAQ-2015-023]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Approving a Proposed Rule Change, as Modified by Amendment No. 1, To
List and Trade the Shares of the Tuttle Tactical Management Multi-
Strategy Income ETF of ETFis Series Trust I

May 21, 2015.

I. Introduction

    On March 25, 2015, The NASDAQ Stock Market LLC (``Exchange'' or
``Nasdaq'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) \1\ of the Securities
Exchange Act of 1934 (``Act'' or ``Exchange Act'') \2\ and Rule 19b-4
thereunder,\3\ a proposed rule change to list and trade shares
(``Shares'') of the Tuttle Tactical Management Multi-Strategy Income
ETF (``Fund''), a series of ETFis Series Trust I (``Trust'') under
NASDAQ Rule 5735. The proposed rule change was published for comment in
the Federal Register on April 10, 2015.\4\ On May 20, 2015, the
Exchange filed Amendment No. 1 to the proposed rule change.\5\ The
Commission received no comments on the proposed rule change. This order
approves the proposed rule change, as modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 74653 (April 6,
2015), 80 FR 19371 (``Notice'').
    \5\ In Amendment No. 1, the Exchange clarified that under normal
market conditions, the Fund will invest only in those assets listed
under the ``Principal Investments'' section of the Notice. Amendment
No. 1 is not subject to notice and comment because it is a technical
amendment that does not materially alter the substance of the
proposed rule change or raise any novel regulatory issues.
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II. Description of the Proposal

    The Exchange proposes to list and trade the Shares under Nasdaq
Rule 5735, which governs the listing and trading of Managed Fund Shares
on the Exchange. The Fund will be an actively-managed exchange-traded
fund (``ETF''). The Shares will be offered by the Trust.\6\ The Trust
is registered with the Commission as an investment company and has
filed a registration statement on Form N-1A (``Registration
Statement'') with the Commission.\7\ The Fund is a series of the Trust.
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    \6\ The Commission has issued an order granting certain
exemptive relief to the Trust under the 1940 Act. See Investment
Company Act Release No. 30607 (July 23, 2013).
    \7\ See Registration Statement on Form N-1A for the Trust filed
on January 30, 2015 (File Nos. 333-187668 and 811-22819).
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    Etfis Capital LLC will be the investment adviser (``Adviser'') to
the Fund. Tuttle Tactical Management, LLC will be the investment sub-
adviser (``Sub-Adviser'') to the Fund. ETF Distributors LLC will be the
principal underwriter and distributor of the Fund's Shares. The Bank of
New York Mellon will act as the administrator, accounting agent,
custodian, and transfer agent to the Fund. The Exchange states that the
Adviser and Sub-Adviser are not registered as broker-dealers but that
the Adviser is affiliated with a broker-dealer.\8\ In addition, the
Exchange states that the Adviser has implemented a fire wall with
respect to its broker-dealer affiliate regarding access to information
concerning the composition and/or changes to the portfolio, and will be

subject to procedures designed to prevent the use and dissemination of
material non-public information regarding the Fund's portfolio.\9\ In
the event (a) the Adviser or the Sub-Adviser becomes newly affiliated
with a broker-dealer or registers as a broker-dealer, or (b) any new
adviser or sub-adviser is a registered broker-dealer or becomes
affiliated with a broker-dealer, it will implement a fire wall with
respect to its relevant personnel and/or such broker-dealer affiliate,
if applicable, regarding access to information concerning the
composition and/or changes to the portfolio and will be subject to
procedures designed to prevent the use and dissemination of material
non-public information regarding such portfolio.\10\
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    \8\ See Notice, supra note 4, 80 FR at 19372.
    \9\ See id.
    \10\ See id.
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    The Exchange has made the following representations and statements
regarding the Fund.\11\
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    \11\ Additional information regarding, among other things, the
Fund, the Shares, the Fund's investment objectives, the Fund's
strategies, methodology and restrictions, risks; fees and expenses
associated with the Shares, creations and redemptions of Shares,
availability of price information, trading rules and halts, and
surveillance procedures can be found in the Notice and the
Registration Statement. See Notice, supra note 4, and Registration
Statement, supra note 7, respectively.
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Investments for the Fund

    The Fund's investment objective will be to seek current income
while maintaining a secondary emphasis on long-term capital
appreciation and low volatility. The Fund will seek to achieve its
investment objective by utilizing a long-only, multi-strategy,
tactically-managed exposure to the U.S. equity market. To obtain such
exposure, the Sub-Adviser will invest, under normal market
conditions,\12\ the Fund's assets in ETFs, exchange-traded notes
(``ETNs''),\13\ exchange-traded trusts that hold commodities (``ETTs'')
(collectively, ETFs, ETNs and ETTs are referred to hereinafter as
``exchange-traded products'' or ``ETPs''), individually selected U.S.
exchange-traded common stocks (when the Sub-Adviser determines that is
more efficient or otherwise advantageous to do so), money market funds,
U.S. treasuries or money market instruments. The Exchange states that,
to the extent that the Fund invests in ETFs or money market funds to
gain domestic exposure, the Fund is considered, in part, a ``fund of
funds.''
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    \12\ The term ``under normal market conditions'' includes, but
is not limited to, the absence of adverse market, economic,
political or other conditions, including extreme volatility or
trading halts in the fixed income markets or the financial markets
generally; operational issues causing dissemination of inaccurate
market information; or force majeure type events such as systems
failure, natural or man-made disaster, act of God, armed conflict,
act of terrorism, riot or labor disruption or any similar
intervening circumstance.
    \13\ The Exchange states that ETNs are limited to those
described in Nasdaq Rule 5710.
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Investment Restrictions

     The Fund will not use derivative instruments, including
options, swaps, forwards and futures contracts.
     The Fund will not invest in leveraged, inverse, or
leveraged inverse ETPs.
     The Fund's net assets that are invested in exchange-traded
equities, including ETPs and common stock, will be invested in
instruments that trade in markets that are members of the Intermarket
Surveillance Group (``ISG'') or are parties to a comprehensive
surveillance sharing agreement with the Exchange.\14\
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    \14\ See Notice, supra note 4, 80 FR at 19375.
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     The Fund may hold up to an aggregate amount of 15% of its
net assets in illiquid securities and other illiquid assets (calculated
at the time of investment).\15\
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    \15\ The Fund will monitor its portfolio liquidity on an ongoing
basis to determine whether, in light of current circumstances, an
adequate level of liquidity is being maintained, and will consider
taking appropriate steps in order to maintain adequate liquidity if,
through a change in values, net assets, or other circumstances, more
than 15% of the Fund's net assets are held in illiquid securities or
other illiquid assets. Illiquid securities and other illiquid assets
include securities subject to contractual or other restrictions on
resale and other instruments that lack readily available markets as
determined in accordance with Commission staff guidance.
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     The Fund does not presently intend to engage in any form
of borrowing for investment purposes, and will not be operated as a
``leveraged ETF'', i.e., it will not be operated in a manner designed
to seek a multiple of the performance of an underlying reference index.

III. Discussion and Commission Findings

    After careful review, the Commission finds that the Exchange's
proposal to list and trade the Shares is consistent with the Exchange
Act and the rules and regulations thereunder applicable to a national
securities exchange.\16\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Exchange
Act,\17\ which requires, among other things, that the Exchange's rules
be designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
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    \16\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \17\ 15 U.S.C. 78f(b)(5).
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    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Exchange Act,\18\ which sets forth Congress' finding that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers and investors of information with respect to
quotations for and transactions in securities. Quotation and last-sale
information for the Shares and any underlying exchange-traded products
will be available via Nasdaq proprietary quote and trade services, as
well as in accordance with the Unlisted Trading Privileges and the
Consolidated Tape Association plans for the Shares.
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    \18\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
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    Price information regarding the ETPs, equity securities, U.S.
treasuries, money market instruments and money market Funds held by the
Fund will be available through the U.S. exchanges trading such assets,
in the case of exchange-traded securities, as well as automated
quotation systems, published or other public sources, or on-line
information services such as Bloomberg or Reuters. Intra-day price
information for all assets held by the Fund will also be available
through subscription services, such as Bloomberg, Markit and Thomson
Reuters, which can be accessed by authorized participants and other
investors. Information regarding market price and volume of the Shares
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services. The
previous day's closing price and trading volume information for the
Shares will be published daily in the financial section of newspapers.
    The Commission also believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. On each business day, before commencement of trading in Shares
in the Regular Market Session \19\ on the

Exchange, the Fund will disclose on its Web site the identities and
quantities of the portfolio of securities and other assets (``Disclosed
Portfolio,'' as defined in Nasdaq Rule 5735(c)(2)) held by the Fund
that will form the basis for the Fund's calculation of NAV at the end
of the business day.\20\ The Web site information will be publicly
available at no charge. The NAV will be determined as of the close of
trading (normally 4:00 p.m., E.T.) on each day the New York Stock
Exchange is open for business. The Exchange will obtain a
representation from the issuer of the Shares that the NAV per Share
will be calculated daily and that the NAV and the Disclosed Portfolio
will be made available to all market participants at the same time.\21\
The Intraday Indicative Value, available on the NASDAQ OMX Information
LLC proprietary index data service,\22\ will be based upon the current
value for the components of the Disclosed Portfolio and will be updated
and widely disseminated by one or more major market data vendors and
broadly displayed at least every 15 seconds during the Regular Market
Session.\23\ The Fund's Web site will include a form of the prospectus
for the Fund and additional data relating to NAV and other applicable
quantitative information.\24\
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    \19\ See Nasdaq Rule 4120(b)(4) (describing the three trading
sessions on the Exchange: (1) Pre-Market Session from 4 a.m. to 9:30
a.m. Eastern time (``E.T.''); (2) Regular Market Session from 9:30
a.m. to 4 p.m. or 4:15 p.m. E.T.; and (3) Post-Market Session from 4
p.m. or 4:15 p.m. to 8 p.m. E.T.).
    \20\ Under accounting procedures to be followed by the Fund,
trades made on the prior business day (``T'') will be booked and
reflected in NAV on the current business day (``T+1'').
Notwithstanding the foregoing, portfolio trades that are executed
prior to the opening of the Exchange on any business day may be
booked and reflected in NAV on such business day. Accordingly, the
Fund will be able to disclose at the beginning of the business day
the portfolio that will form the basis for the NAV calculation at
the end of the business day.
    \21\ See Notice, supra note 4, 80 FR at 19375.
    \22\ Currently, the NASDAQ OMX Global Index Data Service
(``GIDS'') is the NASDAQ OMX global index data feed service. The
Exchange represents that GIDS offers real-time updates, daily
summary messages, and access to widely followed indexes and Intraday
Indicative Values for ETFs, and that GIDS provides investment
professionals with the daily information needed to track or trade
NASDAQ OMX indexes, listed ETFs, or third-party partner indexes and
ETFs.
    \23\ See id. at 19374.
    \24\ See id.
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    The Exchange represents that it may consider all relevant factors
in exercising its discretion to halt or suspend trading in the Shares
of the Fund. Nasdaq will halt trading in the Shares under the
conditions specified in Nasdaq Rules 4120 and 4121, including the
trading pauses under Nasdaq Rules 4120(a)(11) and (12). Trading also
may be halted because of market conditions or for reasons that, in the
view of the Exchange, make trading in the Shares inadvisable.\25\
Trading in the Shares also will be subject to Rule 5735(d)(2)(D), which
sets forth circumstances under which Shares of the Fund may be halted.
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    \25\ These may include: (1) The extent to which trading is not
occurring in the securities and/or the other assets constituting the
Disclosed Portfolio of the Fund; or (2) whether other unusual
conditions or circumstances detrimental to the maintenance of a fair
and orderly market are present. See id. at 19375.
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    The Exchange states that it has a general policy prohibiting the
distribution of material, non-public information by its employees.\26\
The Exchange states that the Adviser and Sub-Adviser are not registered
as broker-dealers, but that the Adviser is affiliated with a broker-
dealer. In addition, the Exchange states that the Adviser has
implemented a fire wall with respect to its broker-dealer affiliate
regarding access to information concerning the composition and/or
changes to the portfolio, and will be subject to procedures designed to
prevent the use and dissemination of material non-public information
regarding the Fund's portfolio.\27\ In the event (a) the Adviser or the
Sub-Adviser becomes newly affiliated with a broker-dealer or registers
as a broker-dealer, or (b) any new adviser or sub-adviser is a
registered broker-dealer or becomes affiliated with a broker-dealer, it
will implement a fire wall with respect to its relevant personnel and/
or such broker-dealer affiliate, if applicable, regarding access to
information concerning the composition and/or changes to the portfolio
and will be subject to procedures designed to prevent the use and
dissemination of material non-public information regarding such
portfolio.\28\
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    \26\ See id.
    \27\ See id. at 19372.
    \28\ See supra text accompanying note 10.
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    FINRA, on behalf of the Exchange, will communicate as needed
regarding trading in the Shares and other exchange-traded securities
and instruments held by the Fund with other markets and other entities
that are members of ISG,\29\ and FINRA may obtain trading information
regarding trading in the Shares and other exchange-traded securities
and instruments held by the Fund from such markets and other entities.
In addition, the Exchange may obtain information regarding trading in
the Shares and the exchange-traded securities and instruments held by
the Fund from markets and other entities that are members of ISG, or
with which the Exchange has in place a comprehensive surveillance
sharing agreement.
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    \29\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Disclosed Portfolio may trade on markets that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement.
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    The Commission notes that the Fund and the Shares must comply with
the requirements of Nasdaq Rule 5735 to be listed and traded on the
Exchange. Nasdaq deems the Shares to be equity securities, thus
rendering trading in the Shares subject to Nasdaq's existing rules
governing the trading of equity securities. In support of this
proposal, the Exchange represented that:
    (1) The Shares will be subject to Nasdaq Rule 5735, which sets
forth the initial and continued listing criteria applicable to Managed
Fund Shares.
    (2) Trading in the Shares will be subject to the existing trading
surveillances administered by both Nasdaq and FINRA on behalf of the
Exchange, which are designed to detect violations of Exchange rules and
applicable federal securities laws, and these procedures are adequate
to properly monitor Exchange trading of the Shares in all trading
sessions and to deter and detect violations of Exchange rules and
applicable federal securities laws.
    (3) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (4) Prior to the commencement of trading, the Exchange will inform
its members in an Information Circular of the special characteristics
and risks associated with trading the Shares. Specifically, the
Information Circular will discuss the following: (a) The procedures for
purchases and redemptions of Shares in Creation Units (and that Shares
are not individually redeemable); (b) Nasdaq Rule 2111A, which imposes
suitability obligations on Nasdaq members with respect to recommending
transactions in the Shares to customers; (c) how information regarding
the Intraday Indicative Value and Disclosed Portfolio is disseminated;
(d) the risks involved in trading the Shares during the Pre-Market and
Post-Market Sessions when an updated Intraday Indicative Value will not
be calculated or publicly disseminated; (e) the requirement that
members deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
and (f) trading information.
    (5) For initial and/or continued listing, the Fund must be in
compliance with Rule 10A-3 \30\ under the Act.
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    \30\ See 17 CFR 240.10A-3.

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    (6) The Fund will not use derivative instruments, including
options, swaps, forwards and futures contracts, both listed and OTC.
    (7) The Fund's net assets that are invested in exchange-traded
equities, including ETPs and common stock, will be invested in
instruments that trade in markets that are members of ISG or are
parties to a comprehensive surveillance sharing agreement with the
Exchange.
    (8) The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid securities and other illiquid assets (calculated at
the time of investment).
    (9) A minimum of 100,000 Shares will be outstanding at the
commencement of trading on the Exchange.
    This approval order is based on all of the Exchange's
representations, including those set forth above and in the Notice. For
the foregoing reasons, the Commission finds that the proposed rule
change, as modified by Amendment No. 1, is consistent with Section
6(b)(5) of the Act \31\ and the rules and regulations thereunder
applicable to a national securities exchange.
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    \31\ 15 U.S.C. 78f(b)(5).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\32\ that the proposed rule change (SR-NASDAQ-2015-023),
as modified by Amendment No. 1, is hereby approved.
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    \32\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
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    \33\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-12835 Filed 5-27-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Proposed Rules]
[Pages 21309-21312]
[FR Doc No: 2019-09820]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2012-0038]
RIN 2127-AK18

Federal Motor Vehicle Safety Standards; Accelerator Control
Systems

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: This action withdraws the notice of proposed rulemaking (NPRM)
published in the Federal Register on April 16, 2012, proposing
amendments to Federal Motor Vehicle Safety Standard FMVSS No. 124,
Accelerator Control Systems. The NPRM proposed to make two amendments
to the standard: add a new brake-throttle override (BTO) requirement to
address unintended acceleration situations and amend the return-to-idle
requirements to include electronic throttle control (ETC) systems.
After further analysis of the comments received and other
considerations, the agency has decided to withdraw the rulemaking
proposal because: the widespread adoption of the BTO system makes FMVSS
changes unnecessary and a broader understanding of safe design of
vehicle electronic control systems is needed to make an informed
decision on regulating return-to-idle on ETC systems.

DATES: The NPRM published in the Federal Register on April 16, 2012, at
77 FR 22638, is withdrawn as of May 14, 2019.

ADDRESSES: Comments on the NPRM are available in Docket No. NHTSA-2012-
0038 at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Michael Pyne, Office of Crash
Avoidance Standards, by telephone at<PHONE_NUMBER>, and by fax at 202-
493-2990 or David Jasinski, Office of the Chief Counsel, by telephone
at<PHONE_NUMBER>, and by fax at<PHONE_NUMBER>. You may send mail to these
officials at the National Highway Traffic Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590.

SUPPLEMENTARY INFORMATION:
I. Background
II. Summary of NPRM
III. Summary of Comments
IV. Rationale for Withdrawal
V. Conclusion

I. Background

    Acceleration control is one of the fundamental aspects of the
driving task and is critical for the safe operation of a motor vehicle.
Traditionally, a driver uses a pedal to control the amount of engine
torque provided to accelerate the vehicle and maintain a desired speed,
as well as to reduce or remove torque to slow the vehicle. Loss of
acceleration control, which includes ``unintended acceleration'' (UA),
can have serious safety consequences. Based on NHTSA's previous review
and analysis of vehicle owner-provided narratives in the Vehicle
Owner's Questionnaire (VOQ) database,\1\ some UA incidents appear to
have involved stuck or trapped accelerator pedals, and a portion of
those incidents resulted in crashes. UA events can arise from driver
error or vehicle problems, such as accelerator pedal interference that
prevents the pedal from being fully released. Another possible failure
is separation of throttle-control components, which was more of a risk
when mechanical linkages were commonly used; however, the agency was
not able to identify that type of failure with certainty from the
limited technical information available in the VOQs.
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    \1\ https://www.safercar.gov/.
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    FMVSS No. 124 was created to address loss of control of vehicle
acceleration by establishing requirements for return of a vehicle's
throttle to the idle position when the driver removes the actuating
force from the accelerator control (``normal operation'') or in the
event of a severance or disconnection in the accelerator control system
(``failsafe operation'').\2\ The wording of the requirements in FMVSS
No. 124 focuses on maintaining accelerator control via return springs
acting directly or remotely through linkages on the throttle plate of
gasoline-powered vehicles and on the fuel control rack in the case of
diesel-powered vehicles.
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    \2\ See 49 CFR 571.124.
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II. Summary of the Notice of Proposed Rulemaking

    On April 16, 2012, the agency published an NPRM to amend FMVSS No.
124, Accelerator Control Systems (ACS).\3\ The NPRM proposed to make
two fundamental changes to the standard: (1) Add a new brake-throttle
override (BTO) requirement to address unintended acceleration
situations, and (2) amend the return-to-idle requirements and test
procedures to apply explicitly to electronic throttle control (ETC)
systems. The latter proposed change involved extensive enhancement of
the test procedures for gasoline and diesel engines and included new
procedures for electric and hybrid vehicle propulsion systems. The
first part of the NPRM, requiring a BTO system, would apply to vehicles
that have a gross vehicle weight rating of 10,000 pounds (4,536
kilograms) or less and that are equipped with ETC systems. The second
part, updating the throttle control disconnection test procedures, also
called return-to-idle functions, would apply to all passenger cars,
multipurpose passenger vehicles, trucks, and buses, regardless of gross
vehicle weight rating.
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    \3\ 77 FR 22638.
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    As background, the proposed return-to-idle requirements in the 2012
NPRM were a follow-up to a previous rulemaking involving an NPRM
published in 2002 \4\ but later withdrawn in 2004.\5\ The 2002 NPRM was

withdrawn because the agency concluded further research was needed on
the proposed return-to-idle test procedures. Part of the intent of the
2012 NPRM was to revisit the effort to amend the return-to-idle
requirements and to address issues raised in the 2002 NPRM.
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    \4\ 67 FR 48117.
    \5\ 69 FR 65126.
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    The 2012 NPRM proposed vehicle requirements and test procedures to
minimize the risk that loss of vehicle control will be caused by
either: (1) Accelerator control system (ACS) disconnections; or (2)
accelerator pedal sticking and entrapment. For both of these safety
risks, which could affect vehicles with mechanical as well as
electronic throttle controls, the purpose was to ensure that stopping a
vehicle is possible without extraordinary driver actions, that is, that
releasing the accelerator pedal and stopping the vehicle with a normal
brake application would be a sufficient driver response. For measuring
return-to-idle in the event of a disconnection, the NPRM proposed an
enhanced set of idle state criteria using powertrain factors such as
fuel flow or electric power input to indicate the idle state, where
each added criterion is analogous to throttle position (or fuel rack
position in the case of diesels.) Additionally, the NPRM proposed a new
and different type of measurement of vehicle drive propulsion based on
the ``creep speed,'' which is defined as the speed of the vehicle with
the transmission in gear and the accelerator pedal fully released. As a
further amendment of FMVSS No. 124, the NPRM incorporated a new BTO
requirement, which included both an equipment requirement to ensure
vehicles would be outfitted with the necessary hardware and/or software
and a performance requirement to ensure BTO system intervention in the
event an accelerator pedal failed to release while the brake pedal was
applied.

III. Summary of Comments

    NHTSA received 37 comments regarding the 2012 NPRM.\6\ These
comments were submitted by 34 entities including three trade
associations (Alliance of Automobile Manufacturers (Alliance), Global
Automakers, and the Engine Manufacturers Association (EMA)); seven
vehicle and equipment manufacturers (Delphi, Ford, General Motors (GM),
Mitsubishi, Navistar, Nissan, and TRW); two safety advocacy groups
(Advocates for Highway and Auto Safety, and Safety Research &
Strategies, Inc.); one academic (Prof. McCann of the University of
Oklahoma); and 21 individuals. Commenters from industry strongly
opposed the return-to-idle and fail-safe requirements for ETC systems,
and many commenters expressed concerns about BTO requirements.
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    \6\ Comments are available in Docket No. NHTSA-2012-0038 at
http://www.regulations.gov.
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    Regarding the proposed BTO requirements, several comments from
industry suggested certain conditions of the BTO test procedure need to
be clarified: (1) Target vehicle speed, (2) accelerator pedal position,
(3) gear or range selector position, (4) brake pedal application, (5)
total number of tests, and (6) stopping distance requirements per FMVSS
Nos. 105 and 135. Industry groups and individual manufacturers
generally supported the intent of the rulemaking and agreed the
standard should be updated to better address failure modes associated
with ETC systems. Commenters from industry and from the general public
described a variety of situations wherein two-pedal driving maneuvers
are intentional and desirable, and expressed concern that BTO would
interfere with these techniques. Numerous individual commenters
requested an exemption from BTO requirements for manual-transmission
vehicles, submitting that BTO would interfere with ``heel-and-toe''
shifting and that the clutch provides a viable failsafe in these
vehicles. A few individuals opposed BTO requirements in general,
dismissing the technology as unnecessary or as an inappropriate
response to the problem of UA, which they said could be caused by
electronic malfunctions or other issues not addressed by BTO. Some
commenters maintained that UA can be counteracted by sufficient force
on the brake pedal without BTO intervention. Commenters also had
various specific concerns about test procedures and compliance criteria
proposed in the NPRM. For example, vehicle manufacturers requested
clarification of the proposed BTO braking-distance requirements, in
particular, how the proposed FMVSS No. 124 requirements would relate to
and be compatible with existing FMVSS No. 105 and 135 braking
requirements.
    Regarding NHTSA's proposal to amend the return-to-idle requirements
for driver-operated ACS, some commenters disagreed with the idle state
indicant options proposed for compliance verification. Delphi disagreed
the engine should be required to fully return to idle following an ETC
disconnection because that would lead to customer complaints. Instead,
Delphi suggested the rule permit ETC systems to limit the maximum
engine torque to approximately 50 percent of maximum, thus allowing the
vehicle to be easily brought to a stop while avoiding a potentially
startling loss of engine power. One individual commenter disagreed with
the proposed rule's exclusion of a ``disconnection or severance inside
of an electronic module'' from the failsafe return-to-idle requirement
in S5.2.1 of the proposal, but the commenter did not provide supporting
information or discuss an alternative approach.
    Many manufacturers and industry groups opposed the proposal to
measure return-to-idle in the event of a disconnection by measuring the
creep speed of the vehicle. The Alliance, GM, Navistar, and Nissan all
opposed the lack of a tolerance in the return-to-idle requirement for
normal operation, which states the vehicle must return within one
second to an idle state that is ``less than or equal to'' the baseline
state after release of the accelerator pedal. Each requested a
reasonable baseline definition and tolerance to allow for intentional
overshooting/undershooting of any given idle state indicant. Nissan
suggested the return-to-idle requirement for normal operation be
deleted entirely, or, if that was not acceptable, a 50 percent
tolerance should be provided to accommodate intended vehicle behaviors.
For example, some vehicles are designed to return to an idle state
above the baseline to improve emissions performance or to prevent
stalling. Navistar stated it assumed manufacturers will be allowed to
define a reasonable baseline definition and tolerance accounting for
variation in the selected idle state indicant, and it requested
clarification this was the proposed rule's intent.
    Addressing another technical concern, the Alliance stated that a
one-second reaction time was too short of a time interval for idle
indicants such as calculated axle torque, which measures response at
the vehicle's drive wheels and which thus responds more slowly than
fast-reacting indicants such as the throttle position that measures
engine power input. The Alliance provided this comment in the context
of its recommendation to add calculated axle torque and calculated
engine load to the list of optional idle indicants the rule would
allow.
    In the NPRM, NHTSA requested comment on the appropriateness of each
of the proposed, optional compliance criteria (throttle position, fuel
delivery rate, air intake rate, electric power delivery, and creep
speed/coastdown performance). Several commenters stated that the
proposed options were overly restrictive. GM stated modern engine
control algorithms cause the value of each proposed indicant to vary

even when a vehicle is operating at a steady idle. In fact, GM stated
it is essential the proposed indicants vary to maintain a steady idle
as other factors like ambient temperature, engine temperature, and
accessory load change. The Alliance, EMA, Ford, GM, and Navistar
suggested calculated axle torque should be included as an acceptable
idle indicant because it is reliable, easily measured, and represents
the ultimate output of the powertrain. In contrast, other indicants
(throttle position, fuel delivery rate, etc.) are inputs to the engine
whose effect on drive torque can vary depending on other factors. They
further stated axle torque is a consistent and reliable idle indicant
for any vehicle regardless of powertrain type or design because it
represents the net result of all the vehicle inputs affecting the
response at the drive wheels.
    The Alliance, Ford, and GM also recommended calculated engine load
be added as an acceptable idle indicant. Navistar recommended a broad
definition of idle state indicant (rather than a prescriptive list), as
such a definition would remain current as new technologies develop.
    The Alliance and Ford disagreed with the ``irrevocable selection''
requirement,\7\ and Ford pointed out it is inconsistent with rulemaking
procedures requiring the agency to focus on vehicle minimum performance
rather than the manufacturer's design choice to meet that performance.
They commented that, as a result of NHTSA's approach in the NPRM, a
system that is compliant with one particular idle indicant could be
deemed non-compliant as a result of a manufacturer's prior, irrevocable
choice of a different indicant. The Alliance and Ford recommended the
irrevocable selection requirement be deleted or specified to apply only
to a specific vehicle/propulsion system in combination with model years
and not indefinitely to an entire model line. Similarly, the Alliance
suggested manufacturers be allowed to choose one option for each test,
which, in the above example, would enable manufacturers to select the
creep speed/coastdown option for S5.2, while Ford recommended that
creep speed/coastdown specifically be included as a compliance option
for S5.1.
---------------------------------------------------------------------------

    \7\ Irrevocable selection in this case means that the
manufacturer must select only one of the available idle state
indicants for certification of a vehicle, and the manufacturer may
not change the selection for that vehicle later on.
---------------------------------------------------------------------------

IV. Rationale for Withdrawal

    First, with respect to the proposed BTO requirement to address UA
situations, NHTSA has received information from manufacturers showing
that, as of model year 2018, all light vehicles for sale in the U.S.
market have been voluntarily equipped with a BTO system. The
information suggests these BTO systems are designed to address the
intended safety function by ensuring input to the brake pedal in a
vehicle acts on the throttle control system to override simultaneous
input to the accelerator pedal. In fact, NHTSA noted in the 2012 NPRM
nearly all manufacturers had already equipped their model year 2012
light vehicles with a BTO system, indicating the great majority of new
U.S. vehicles have had that safety feature for several model years
prior to 2018. NHTSA does not anticipate any manufacturers removing BTO
systems from any vehicles in the future. Therefore, NHTSA does not find
that there is presently a safety need for a BTO requirement in FMVSS
No. 124.
    As for the return-to-idle requirements for ETC systems, NHTSA has
decided that proposing an extensive upgrade of FMVSS No. 124 in a way
that provides meaningful protection from a variety of possible ETC
system failures is not currently feasible. Modern ETC systems have
become highly complex, software-driven systems that are fully
integrated with electronic powertrain controls and other on-board
computerized electronics, making it impractical to address the throttle
control function independently of other electronic control functions
and systems in a vehicle. To effectively complete a rulemaking on ETC,
it is apparent from comments and other information that NHTSA should
take an approach that considers the overall functional safety of
vehicle electronic powertrain control systems.
    As vehicle powertrain controls and other vehicle systems have grown
more complex over the years, the automotive industry has formed working
groups to address functional safety. One of the most prominent efforts
in this area is the creation of a voluntary standard, ISO 26262, that
provides a risk-based approach for the safe design of vehicle
electronic systems. ISO 26262 evaluates functional safety of a system
starting with initial system development and extending over the
lifecycle. Using ISO 26262, the risk of hazardous outcomes is managed
over the vehicle's lifecycle to address concerns related to electronic
and electrical failures.
    Although NHTSA recently completed research on potential causes of
electronic throttle control system failures using functional safety
analyses, and this research puts the agency in a better position to
consider alternative ways to ensure the safety, security, and
reliability of these systems, the field of functional safety and
security of vehicle electronic systems is changing rapidly. While there
are functional safety guidelines or recommended practices that exist,
they are heavily focused on the vehicle design process, and it would be
difficult for NHTSA to derive performance requirements based on those
documents.
    In addition, one specific unresolved issue from the NPRM is that
some commenters reported idle state measurements that vary beyond the
proposed 50-percent tolerance because different idle control strategies
are needed based on driving conditions, environmental conditions, and
other factors. All of the test procedures in the NPRM rely on a
tolerance in order to limit overall powertrain output to a level that
is reasonably close to the level that exists at idle. An idle state
tolerance much higher than 50 percent may allow a significant and
possibly uncontrollable amount of drive torque which would, to some
extent, defeat the safety purpose of the standard. While this specific
issue may be resolvable in time, it currently is an additional obstacle
to moving forward with the proposed test procedures.
    Furthermore, although comments on the NPRM did not focus on the
question of scope of failure modes addressed by FMVSS No. 124,
upgrading and possibly expanding the types of failures covered by FMVSS
No. 124 still could raise scope concerns. Presently, the sole failure
mode addressed in FMVSS No. 124 is disconnection or severance within
the ACS. The proposed rule included, for example, a powertrain output
test procedure based on the measurement of vehicle creep speed in the
event of a failure caused by disconnection or severance. However, it is
unknown whether inadvertent physical disconnection of electrical ACS
components, which might occur because of wear, vibration, heat-cycling,
etc., is the failure mode of greatest concern or even an appreciable
safety risk. NHTSA currently does not have information such as test
data, VOQs, defect reports, service campaigns, or manufacturer data
indicating that the risk of disconnections is a proven safety problem
for systems comprised of electrical components rather than mechanical
ones. Consequently, the relevance of an ETC safety standard that
focuses on disconnections as the only failure mode is highly
questionable.

Unless other types of failure modes could be added to FMVSS No. 124
without expanding the scope of the standard, the return-to-idle
requirements of an upgraded standard would not necessarily address the
potential safety risks.

V. Conclusion

    Based on its evaluation of the available information, NHTSA has
concluded a BTO requirement is not necessary at this time and that
there are substantial challenges associated with developing objective
tests both for the operation of BTO and for return-to-idle requirements
for ETC systems, and these obstacles make a rulemaking not feasible at
this time. Accordingly, the agency withdraws the proposed amendment of
the safety standard for ACS. NHTSA will continue to monitor the safety
performance of throttle control systems in motor vehicles and may
consider rulemaking or other appropriate action in the future if it is
necessary for vehicle safety.
    The NPRM contained in docket number NHTSA-2012-0038, as published
in the Federal Register on April 16, 2012, at 77 FR 22638, is
withdrawn.

    Issued in Washington, DC, under authority delegated in 49 CFR
1.95 and 501.5.
Heidi Renate King,
Deputy Administrator.
[FR Doc. 2019-09820 Filed 5-13-19; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: September 27, 2010 (Volume 75, Number 186)]
[Notices]
[Page 59252-59254]
[DOCID:fr27se10-79]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

September 17, 2010.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER06-739-027; ER06-738-027; ER03-983-027; ER07-501-
027; ER02-537-030; ER08-649-020; ER07-758-023.
    Applicants: Cogen Technologies Linden Venture, L.P., Fox Energy
Company LLC, Birchwood Power Partners, L.P., Shady Hills Power Company,
L.L.C., East Coast Power Liden Holding, LLC, EFS Parlin Holdings, LLC,
Inland Empire Energy Center, LLC.
    Description: Notice of Non-Material Change in Status and Request
for Waiver of the GE Companies.
    Filed Date: 09/16/2010.
    Accesstion Number: 20100916-5164.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 7, 2010.

    Docket Numbers: ER10-2662-000.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Company submits an Amended and
Restated Services Agreement for Substation Operator Services etc. with
Cordova Energy Center LLC.
    Filed Date: 09/15/2010.
    Accesstion Number: 20100915-0209.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 6, 2010.

    Docket Numbers: ER10-2697-000.
    Applicants: EDFD-C.P. Crane.
    Description: EDFD-C.P. Crane submits tariff filing per 35.12: EDFD-
C.P. Crane Baseline to be effective 9/16/2010.
    Filed Date: 09/16/2010.
    Accesstion Number: 20100916-5132.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 7, 2010.

    Docket Numbers: ER10-2698-000.
    Applicants: EDFD-West Valley.
    Description: EDFD-West Valley submits tariff filing per 35.12:
EDFD-West Valley Baseline to be effective 9/16/2010.
    Filed Date: 09/16/2010.
    Accesstion Number: 20100916-5134.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 7, 2010.

    Docket Numbers: ER10-2699-000.
    Applicants: Citizens' Electric Company of Lewisburg,
    Description: Citizens' Electric Company of Lewisburg, PA submits
tariff filing per 35.12: Baseline Tariff Filing to be effective 9/16/
2010.
    Filed Date: 09/16/2010.
    Accesstion Number: 20100916-5141.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 7, 2010.

    Docket Numbers: ER10-2700-000.
    Applicants: Massachusetts Electric Company.
    Description: Massachusetts Electric Company submits tariff filing
per 35: Massachusetts Electric Compliance Filing of Baseline Market
Based Rate Tariff to be effective 9/16/2010.
    Filed Date: 09/16/2010.
    Accesstion Number: 20100916-5147.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 7, 2010.

    Docket Numbers: ER10-2701-000.
    Applicants: Midwest Independent Transmission System.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: 09-16-10 RAR Compliance to be effective
7/28/2010.
    Filed Date: 09/16/2010.
    Accesstion Number: 20100916-5156.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 7, 2010.

    Docket Numbers: ER10-2702-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits revised
interconnection construction service agreement with Evergreen Community
Power et al. Part 1 of 2.
    Filed Date: 09/16/2010.
    Accesstion Number: 20100917-0206.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 7, 2010.

    Docket Numbers: ER10-2703-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits revised rate schedule
cover sheet to cancel PJM Electric Tariff Rate Schedule FERC No 40,
effective 6/1/10.

    Filed Date: 09/16/2010.
    Accesstion Number: 20100917-0205.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 7, 2010.

    Docket Numbers: ER10-2704-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits an executed interim
interconnection service agreement with Meadow Lake Wind Farm IV LLC et
al.
    Filed Date: 09/16/2010.
    Accesstion Number: 20100917-0204.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 7, 2010.

    Docket Numbers: ER10-2705-000.
    Applicants: Merchants Plaza Energy, LLC.
    Description: Merchants Plaza Energy, LLC submits application for
authorization to make wholesale of energy and capacity at negotiated
market-based rates.
    Filed Date: 09/16/2010.
    Accesstion Number: 20100917-0202.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 7, 2010.

    Docket Numbers: ER10-2706-000.
    Applicants: Dennis Energy, Inc.
    Description: Dennis Energy, Inc. submits application for
authorization to make wholesale of energy and capacity at negotiated
market-based rates.
    Filed Date: 09/16/2010.
    Accesstion Number: 20100917-0203.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 7, 2010.

    Docket Numbers: ER10-2707-000.
    Applicants: Mid-Continent Energy Marketers Association.
    Description: Mid-Continent Energy Marketers Association submits
tariff filing per 35.12: Baseline Tariff Filing to be effective 9/17/
2010.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-5021.
    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Docket Numbers: ER10-2708-000.
    Applicants: Wells Fargo Commodities, LLC.
    Description: Wells Fargo Commodities, LLC submits tariff filing per
35.12: Wells Fargo, LLC Market-Based Rate Tariff to be effective 9/17/
2010.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-5028.
    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Docket Numbers: ER10-2709-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits an executed interim
interconnection service agreement and an executed interconnection
construction service agreement.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-0209.
    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Docket Numbers: ER10-2710-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.12: Intra-PJM tariffs BASELINE--locked down to be effective 9/17/
2010.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-5030.
    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Docket Numbers: ER10-2711-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits an executed
interconnection service agreement and an executed interconnection
construction service agreement.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-0208.
    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Docket Numbers: ER10-2712-000.
    Applicants: Cargill Power Markets, LLC.
    Description: Cargill Power Markets, LLC submits tariff filing per
35.12: Baseline MBR Tariff Filing of Cargill Power Markets, LLC to be
effective 9/17/2010.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-5035.
    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Docket Numbers: ER10-2713-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.12: Rate schedules BASELINE--locked down to be effective 9/17/2010.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-5036.
    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Docket Numbers: ER10-2714-000.
    Applicants: Carolina Power & Light Company.
    Description: Notice of Cancellation of Rate Schedule No. 171 of
Carolina Power & Light Company.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-5038.
    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Docket Numbers: ER10-2715-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.12: PJM Service Agreement Baseline Filing to be effective 9/17/2010.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-5044.
    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Docket Numbers: ER10-2716-000.
    Applicants: Wellsboro Electric Company.
    Description: Wellsboro Electric Company submits tariff filing per
35.12: Baseline Tariff Filing to be effective 9/17/2010.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-5045.
    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Docket Numbers: ER10-2717-000.
    Applicants: EFS Parlin Holdings, LLC.
    Description: EFS Parlin Holdings, LLC submits tariff filing per
35.12: Baseline Filing for EFSPH Market Based Rate Tariff to be
effective 9/17/2010.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-5048.
    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Docket Numbers: ER10-2718-000.
    Applicants: Cogen Technologies Linden Venture, L.P.
    Description: Cogen Technologies Linden Venture, L.P. submits tariff
filing per 35.12: Baseline Filing for CTLV Market Based Rate Tariff to
be effective 9/17/2010.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-5049.
    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Docket Numbers: ER10-2719-000.
    Applicants: East Coast Power Linden Holding, LLC.
    Description: East Coast Power Linden Holding, LLC submits tariff
filing per 35.12: Baseline Filing for ECPLH Market Based Rate Tariff to
be effective 9/17/2010.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-5050.
    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Docket Numbers: ER10-2720-000.
    Applicants: Minco Wind, LLC.
    Description: Minco Wind, LLC submits tariff filing per 35.12: Minco
Wind, LLC MBR Tariff Filing to be effective 11/1/2010.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-5051.
    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Docket Numbers: ER10-2721-000.
    Applicants: El Paso Electric Company.
    Description: El Paso Electric Company submits tariff filing per
35.12: Baseline Filing of Market-Based Rate Tariff to be effective 9/
17/2010.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-5053.

    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Docket Numbers: ER10-2722-000.
    Applicants: Eurus Combine Hills I LLC.
    Description: Eurus Combine Hills I LLC submits tariff filing per
35.12: Baseline Electric Market-Based Rates to be effective 9/17/2010.
    Filed Date: 09/17/2010.
    Accesstion Number: 20100917-5054.
    Comment Date: 5 p.m. Eastern Time on Friday, October 8, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    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 proceedings 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 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-24087 Filed 9-24-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Proposed Rules]
[Pages 23381-23382]
[FR Doc No: 2018-10654]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed
Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0312; Airspace Docket No. 18-AGL-07]
RIN. 2120-AA66

Proposed Establishment of Class E Airspace; Glen Ullin, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace extending
upward from 700 feet above the surface at Glen Ullin Regional Airport,
Glen Ullin, ND. Controlled airspace is necessary to accommodate new
standard instrument approach procedures developed at Glen Ullin
Regional Airport, for the safety and management of instrument flight
rules (IFR) operations.

DATES: Comments must be received on or before July 5, 2018.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2018-0312; Airspace Docket No. 18-AGL-07, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish Class E airspace at Glen Ullin Regional Airport,
in support of standard instrument approach procedures for IFR
operations at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2018-0312;
Airspace Docket No. 18-AGL-07.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace-amendments/">http://www.faa.gov/air_traffic/publications/airspace-amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, Airspace
Designations and Reporting Points, dated August 3, 2017, and effective
September 15, 2017. FAA Order 7400.11B is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 by establishing Class E airspace extending
upward from 700 feet above the surface within a 6.4-mile radius of Glen
Ullin Regional Airport, Glen Ullin, ND, to accommodate new standard
instrument approach procedures developed for the airport. This action
would enhance safety and the management of IFR operations at the
airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11B, dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL WI E5 Glen Ullin, ND [New]

Glen Ullin Regional Airport, ND
    (Lat. 46[deg]48'52'' N, long. 101[deg]51'55'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Glen Ullin Regional Airport.

    Issued in Fort Worth, Texas, on May 9, 2018.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-10654 Filed 5-18-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: May 18, 2010 (Volume 75, Number 95)]
[Notices]
[Page 27847-27848]
[DOCID:fr18my10-134]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62074; File No. SR-BATS-2010-012]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

May 11, 2010.
    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 4, 2010, BATS Exchange, Inc. (the ``Exchange'' or ``BATS'')
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. BATS has designated the
proposed rule change as one establishing or changing a member due, fee,
or other charge imposed by the Exchange under Section 19(b)(3)(A)(ii)
of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the
proposed rule change effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify its fee schedule applicable to
Members \5\ of the Exchange pursuant to BATS Rules 15.1(a) and (c).
Changes to the fee schedule pursuant to this proposal will be effective
upon filing.
---------------------------------------------------------------------------

    \5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, on the Commission's Web site at
http://www.sec.gov, 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

1. Purpose
    The Exchange proposes to modify its fee schedule applicable to use
of the Exchange in order to amend the fees for its BATS + NYSE
destination specific routing option to continue to offer a ``one
under'' pricing model.
    The Exchange has previously provided a discounted price fee for
Destination Specific Orders routed to certain of the largest market
centers measured by volume (NYSE, NYSE Arca and NASDAQ), which, in each
instance has been $0.0001 less per share for orders routed to such
market centers by

the Exchange than such market centers currently charge for removing
liquidity (referred to by the Exchange as ``One Under'' pricing). Based
on changes in pricing at NYSE, BATS is proposing a change to its price
for BATS + NYSE Destination Specific Orders to align its fees so they
are $0.0001 less per share for orders routed to NYSE. Specifically, the
Exchange proposes to increase the fee charged for BATS + NYSE
Destination Specific Orders executed at NYSE from $0.0017 to $0.0020
per share. This change will result in the Exchange charging $0.0001
less per share for orders routed to NYSE as Destination Specific
Orders.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\6\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\7\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. The Exchange believes that its fees
and credits are competitive with those charged by other venues.
Finally, the Exchange believes that the proposed rates are equitable in
that they apply uniformly to all Members.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 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 imposes
any burden on competition.

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

    No written comments were solicited or received.

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

    The foregoing proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A)(ii) of the Act \8\ and Rule 19b-
4(f)(2) thereunder,\9\ because it establishes or changes a due, fee or
other charge imposed on members by the Exchange. Accordingly, the
proposal is effective upon filing with the Commission.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposal 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 No. SR-BATS-2010-012 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 No. SR-BATS-2010-012. 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 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
a.m. and 3 p.m. Copies of such filing will also 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 No. SR-BATS-2010-012 and should be
submitted on or before June 8, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-11807 Filed 5-17-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Rules and Regulations]
[Pages 88528-88529]
[FR Doc No: 2023-28228]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1006; Airspace Docket No. 22-AWP-65]
RIN 2120-AA66

Modification of Class E Airspace; Minden-Tahoe Airport, Minden,
NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action modifies Class E airspace extending upward from
700 feet above the surface at Minden-Tahoe Airport, Minden, NV.
Additionally, this action makes administrative amendments to update the
airport's Class E airspace legal description. These actions support the
safety and management of instrument flight rules (IFR) operations at
the airport.

DATES: Effective 0901 UTC, March 21, 2024. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order 7400.11, Airspace
Designations and Reporting Points, and publication of conforming
amendments.

ADDRESSES: Copies of the Notice of Proposed Rulemaking (NPRM) and
Supplemental NPRM (SNPRM), all comments received, this final rule, and
all background material may be viewed online at www.regulations.gov
using the FAA Docket number. Electronic retrieval help and guidelines
are available on the website. It is available 24 hours each day, 365
days each year.
    FAA Order 7400.11H, and subsequent amendments, can be viewed online
at www.faa.gov/air_traffic/publications/. You may also contact the
Rules and Regulations Group, Office of Policy, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Keith Adams, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106,
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies Class E airspace to support IFR operations at Minden-
Tahoe Airport, Minden, NV.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2023-1006 in the Federal Register on August 10, 2023 (88 FR 54252),
followed by an SNPRM (88 FR 72971, October 24, 2023) to modify Class E
airspace at Minden-Tahoe Airport, Minden, NV. Interested parties were
invited to participate in this rulemaking

effort by submitting written comments on the proposal to the FAA. One
comment was received from a local glider pilot requesting a glider area
or corridor for glider operations in the airspace. This action already
reduces the size of the Class E airspace restoring airspace that is
available for glider operations without contacting Air Traffic Control.

Incorporation by Reference

    Class E5 airspace areas are published in paragraph 6005 of FAA
Order 7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA
Order JO 7400.11H is publicly available as listed in the ADDRESSES
section of this document. These amendments will be published in the
next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by modifying Class E airspace
extending upward from 700 feet above the surface at Minden-Tahoe
Airport, Minden, NV, by reducing the radius 2.3 miles to be within a
4.2-mile radius of Minden-Tahoe Airport, NV. In addition, the Class E
airspace extending upward from 700 feet above the surface is
established within 2 miles each side of the 001[deg] bearing from the
airport, extending from the 4.2-mile radius to 8.9 miles north of the
airport. Furthermore, Class E airspace extending upward from 700 feet
above the surface is established within 1.1 miles each side of the
180[deg] bearing from the airport, extending from the 4.2-mile radius
to 7 miles south of the airport. This airspace would contain IFR
departures to 1,200 feet above the surface and IFR arrivals below 1,500
feet above the surface.
    Finally, the administrative portion of the airport's associated
legal description is modified to update the geographic coordinates
located on line three of the text header to match the FAA's database.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial, and unlikely to result in adverse or negative
comments. It, therefore: (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AWP CA E5 Minden, NV [Amended]

Minden-Tahoe Airport, NV
    (Lat. 39[deg]00'02'' N, long. 119[deg]45'04'' W)

    That airspace extending upward from 700 feet above the surface
within a 4.2-mile radius of the airport, that airspace 2 miles each
side of a 001[deg] bearing extending from the 4.2-mile radius to 8.9
miles north of the airport, and that airspace 1.2 miles each side of
a 180[deg] bearing extending from the 4.2-mile radius to 7 miles
south of the airport.
* * * * *

    Issued in Des Moines, Washington, on December 18, 2023.
B.G. Chew,
Group Manager, Western Service Center, Operations Support Group.
[FR Doc. 2023-28228 Filed 12-21-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 24, 2009 (Volume 74, Number 162)]
[Notices]
[Page 42732]
[DOCID:fr24au09-123]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Applications for Certificates of Public Convenience and
Necessity and Foreign Air Carrier Permits Filed Under Subpart B
(Formerly Subpart Q) During the Week Ending August 8, 2009

    The following Applications for Certificates of Public Convenience
and Necessity and Foreign Air Carrier Permits were filed under Subpart
B (formerly Subpart Q) of the Department of Transportation's Procedural
Regulations (See 14 CFR 301.201 et seq.). The due date for Answers,
Conforming Applications, or Motions to Modify Scope are set forth below
for each application. Following the Answer period DOT may process the
application by expedited procedures. Such procedures may consist of the
adoption of a show-cause order, a tentative order, or in appropriate
cases a final order without further proceedings.
    Docket Number: DOT-OST-2009-0183.
    Date Filed: August 5, 2009.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: August 26, 2009.
    Description: Application of Omni Air International, Inc. requesting
a disclaimer of jurisdiction or, alternatively, for approval of the
transfer of its certificate of public convenience and necessity.

    Docket Number: DOT-OST-2009-0187.
    Date Filed: August 7, 2009.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: August 28, 2009.
    Description: Application of Charter Air Transport Inc. requesting
authority to operate scheduled passenger service as a commuter air
carrier.

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. E9-20271 Filed 8-21-09; 8:45 am]

BILLING CODE 4910-9X-P


[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Notices]
[Page 52220]
[FR Doc No: 2018-22488]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9985-50-Region 2]

Notice of Approval and Opportunity for Public Comment and Public
Hearing for Public Water System Supervision Program Revision for New
Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Public notice is hereby given that the state of New Jersey has
revised its approved Public Water System Supervision Program. New
Jersey has adopted drinking water regulations for the Revised Total
Coliform Rule. The EPA has determined that New Jersey's Revised Total
Coliform Rule meets all minimum federal requirements, and that it is no
less stringent than the corresponding federal regulation. Therefore,
the EPA has decided to approve the State program revisions. All
interested parties may request a public hearing or submit comments.

DATES: Comments or request for public hearing must be received on or
before November 15, 2018.

ADDRESSES: Comments or a request for a public hearing must be submitted
to the Regional Administrator, U.S. Environmental Protection Agency,
Region 2, 290 Broadway, FL 24, New York, NY 10007.
    All documents relating to this determination are available for
inspection between the hours of 8:00 a.m. and 3:00 p.m., Monday through
Friday, at the following offices: U.S. Environmental Protection Agency,
Region 2, Clean Water Division, 290 Broadway, FL 24, New York, NY
10007-1823; and New Jersey Department of Environmental Protection,
Division of Water Supply & Geoscience, 401 East State St., Trenton, NJ
08608.

FOR FURTHER INFORMATION CONTACT: Daniel D'Agostino, Clean Water
Division, Drinking Water and Groundwater Protection Section (24W-058),
Environmental Protection Agency, Region 2, 290 Broadway, FL 24, New
York, NY 10007-1823; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: All interested parties are invited to submit
written comments on this determination and may request a hearing. All
comments will be considered, and if necessary EPA will issue a
response. Frivolous or insubstantial requests for a hearing will be
denied by the Regional Administrator. If a substantial request for a
public hearing is made by November 15, 2018, a public hearing will be
held. A request for public hearing shall include the following: (1) The
name, address, and telephone number of the individual, organization, or
other entity requesting a hearing; (2) a brief statement of the
requesting person's interest in the Regional Administrator's
determination and of information that the requesting person intends to
submit at such hearing; and (3) the signature of the individual making
the request; or, if the request is made on behalf of an organization or
other entity, the signature of a responsible official of the
organization or other entity.

    Authority: Section 1413 of the Safe Drinking Water Act, as
amended (1996), and 40 CFR part 142 of the National Primary Drinking
Water Regulations.

    Dated: October 1, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-22488 Filed 10-15-18; 8:45 am]
 BILLING CODE 6560-50-P