[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Pages 62831-62832]
[FR Doc No: 2023-19791]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-048, OMB Control No. 3235-0063]

Submission for OMB Review; Comment Request; Extension: Exchange
Act Form 10-K

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street, NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.

    Form 10-K (17 CFR 249.310) is filed by issuers of securities to
satisfy their annual reporting obligations under to Section 13 or 15(d)
of the Exchange Act (``Exchange Act'') (15 U.S.C. 78m or 78o(d)). The
information provided by Form 10-K is intended to ensure the adequacy of
information available to investors and securities markets about an
issuer. Form 10-K takes approximately 2,249.366 hours per response to
prepare and is filed by approximately 8,292 respondents. We estimate
that 75% of the approximately hours per response (1,687.025 hours) is
prepared by the company for an annual reporting burden of 13,988,811
hours (1,687.025 hours per response x 8,292 responses).
    An agency may conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
by October 13, 2023 to (i) www.reginfo.gov/public/do/PRAMain and (ii)
David Bottom, Director/Chief Information Officer, Securities and
Exchange Commission, c/o John Pezzullo, 100 F Street NE, Washington, DC
20549, or by sending an email to: [email protected].

    Dated: September 8, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-19791 Filed 9-12-23; 8:45 am]
BILLING CODE 8011-01-P


November 3, 2010

The Honorable Lisa Jackson

Administrator

United States Environmental Protection Agency

Ariel Rios Building (Mail Code 1101)

1200 Pennsylvania Ave., NW

Washington, D.C.  20460

Re: 	Petition for Reconsideration of Portions of the Final Rule:
National Emission Standards for Hazardous Air Pollutants for
Reciprocating Internal Combustion Engines

Dear Administrator Jackson:

I am writing in support of the National Rural Electric Cooperative
Association’s (NRECA) October 19, 2020, Petition for Reconsideration
of portions of the Final National Emission Standards for Hazardous Air
Pollutants for Reciprocating Internal Combustion Engines promulgated on
August 20, 2010, (75 Fed. Reg. 51,570).

EPA’s rulemaking process resulted in confusion for us at the Dunn
Energy Cooperative as well as the owners and operators of small
emergency generating units participating in our peak shaving programs.
Dunn Energy Cooperative does not own any of the generating units
affected by the EPA ruling.  Our members; farmers and small business
owners do.  Without an outreach from EPA, which was absent in these
rulemakings, we had no idea that the proposed rule for emergency
generators would adversely affect our peak shaving programs.

NRECA’s petition addresses restrictions contained in the final rule
that prohibit the use of small emergency generating units for peak
shaving programs and limits demand reduction service beginning in 2013
without the addition of expensive emission reduction technology on units
larger than a specified size.

We work with our members to offer them reduced electric rates in
exchange for reducing their electric demand during times of peak
electric demand.  Some of our farms and small businesses use backup
generators, powered by gasoline and diesel engines, to provide
electricity during these peak shaving times.  There may also be times
that they can use the equipment to provide electricity to their farms
and businesses.  If peak shaving is not allowed for these types of
engines, we will not be able to reduce demand during peak periods and
our members will pay higher costs for their electricity.

Specifically, Dunn Energy Cooperative supports the recommendation
contained in NRECA’s petition to remove the restrictions on the use of
these engines for peak shaving and demand reduction purposes in the 100
hours of non-emergency operations allowed in the rule.  The request by
NRECA doesn't ask for more hours of operation, just including peak
shaving use within the 100 hour limit.  This would not cause any
additional emissions – and therefore, no additional health risk or
environmental harm above that already contemplated in the rule.

Dunn Energy Cooperative and our power supplier, the Dairyland Power
Cooperative, are strong environmental supporters.  Dunn Energy works
closely with our members who are interested in developing renewable
energy sources.  We have also taken steps to reduce energy consumption
at our headquarters building.  Dairyland Power has already met the State
of Wisconsin goal, not required until 2015, of generating 10% of their
power from renewable sources.  But we like to keep the cost of the
electricity as low as possible for our members too.  That means offering
peak shaving and demand response programs for a number of our members.
These programs won't be possible if peak shaving is not allowed in the
100 hours for reciprocating internal combustion engines.  I urge you and
the EPA to reconsider these restrictions on peak shaving and demand
reductions contained in the final rules and amend the rules so as to not
diminish the value of these programs to our members.

Thank you for your consideration of my request Administrator Jackson.  I
hope that you will respond favorably.  If you have any questions or
require additional information you can reach me at:

Dunn Energy Cooperative

Attn:  James R. Hathaway

PO Box 220

Menomonie WI 54751

<EMAIL_ADDRESS>
Regards,

James R. Hathaway

General Manager/CEO

cc: 	Robert Wayland

	Melanie King

	Kevin Bromberg, SBA


[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Notices]
[Pages 14271-14272]
[FR Doc No: 2018-06764]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9976-11--Region 5]

Clean Air Act Operating Permit Program; Petitions for Objection
to State Operating Permit for Superior Silica Sands and Wisconsin
Proppants LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petitions for objection to Clean Air
Act title V operating permits.

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed
an Order dated February 26, 2018, denying Petitions dated October 25,
2016 and January 25, 2017 from the Ho-Chunk Nation and the Sierra Club
John Muir Chapter. The first Petition requested that EPA object to a
Clean Air Act (CAA) title V operating permit issued by the Wisconsin
Department of Natural Resources (WDNR) to Superior Silica Sands for its
industrial sand mining and processing facility in Barron County,
Wisconsin. The second Petition also requested that EPA object to a CAA
title V operating permit issued by the WDNR to Wisconsin Proppants for
its industrial sand mine and processing facility in Jackson County,
Wisconsin.

ADDRESSES: EPA requests that you contact the individual listed in the
FOR FURTHER INFORMATION CONTACT section to view copies of the final
Order, the Petition, and other supporting information. You may review
copies of the final Order, the Petition, and other supporting
information at the EPA Region 5 Office, 77 W. Jackson Blvd., Chicago
Illinois, 60604. You may view the hard copies Monday through Friday,
from 9 a.m. to 4 p.m., excluding Federal holidays. If you wish to
examine these documents, you should make an appointment at least 24
hours before the visiting day. Additionally, the final Order and
Petition are available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Genevieve Damico, EPA Region 5, (312)
353-4761, [email protected].

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to
review and object to, as appropriate, operating permits proposed by
state permitting authorities under title V of the CAA. Section
505(b)(2) of the CAA authorizes any person to petition the EPA
Administrator to object to a title V operating permit within 60 days
after the expiration of EPA's 45-day review period, if EPA has not
objected on its own initiative. Petitions must be based only on
objections to the permit that were raised with reasonable specificity
during the public comment period provided by the state, unless the
petitioner demonstrates that it was impracticable to raise these issues
during the comment period or unless the grounds for the issues arose
after this period.
    EPA received the Petitions from Ho-Chunk Nation and the Sierra Club
John Muir Chapter dated October 25, 2016 and January 25, 2017,
requesting that EPA object to the issuance of operating permit no.
603110860-P01, issued by the WDNR to Superior Silica Sands for its
industrial sand mining and processing facility in Barron County,
Wisconsin, and operating permit no. 627026620-P01, issued by the WDNR
to Wisconsin Proppants for it industrial sand mine and processing
facility in Jackson County, Wisconsin. The Petitions alleged that (1)
the permits are deficient because they do not include emissions
estimates for all sources of particulate matter of less than 2.5
microns (PM 2.5), (2) the permits are deficient because PM 2.5 limits
that were based on previous modeling were removed and WDNR has not made
a defensible finding that the proposed permits will not cause or
contribute to an exceedance of any ambient air quality standard, and
(3) (raised in

Superior Silica Sands only) the permit does not assure compliance with
New Source Performance Standard for PM limits because the permit does
not require the facility to operate the control device according to all
of the design parameters specified in the manufacturer's guarantees.
    On February 26, 2018, the EPA Administrator issued an Order denying
the Petitions. The Order explains the basis for EPA's decision.
    Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner
may request judicial review of those portions of an order that deny
issues in a petition. Any petition for review shall be filed in the
United States Court of Appeals for the appropriate circuit no later
than June 4, 2018.

    Dated: March 20, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 5.
[FR Doc. 2018-06764 Filed 4-2-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: May 4, 2007 (Volume 72, Number 86)]
[Notices]
[Page 25344-25346]
[DOCID:fr04my07-114]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 27808; 812-13373]

The Gabelli Equity Trust Inc., et al.; Notice of Application

April 30, 2007.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 17(b) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from section 17(a)
of the Act and for an order under section 17(d) of the Act and rule
17d-1 thereunder.

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Applicants: The Gabelli Equity Trust Inc. (the ``Trust''), The Gabelli
Healthcare & WellnessRX Trust (the ``Healthcare Trust''),
and Gabelli Funds, LLC (``Gabelli'').

Summary of Application: Applicants seek an order to permit the Trust to
transfer a portion of its assets to the Healthcare Trust, a newly
formed, wholly-owned subsidiary that is a registered closed-end
investment company, and to distribute to the Trust's shareholders the
shares of the Healthcare Trust.

Filing Dates: The application was filed on April 2, 2007 and amended on
April 16, 2007 and April 26, 2007.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on May 21, 2007, and should be accompanied by proof of service on
the applicants, in the form of an affidavit, or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC, 20549-1090; Applicants, c/o Rose F.
DiMartino, Esq., Willkie Farr & Gallagher LLP, 787 Seventh Avenue, New
York, New York 10019-6099.

FOR FURTHER INFORMATION CONTACT: Shannon Conaty, Senior Counsel, at
(202) 551-6827, or Julia K. Gilmer, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Branch, 100 F Street, NE., Washington,
DC, 20549-0102 (tel.<PHONE_NUMBER>).

Applicants' Representations

    1. The Trust is a non-diversified, closed-end management investment

company registered under the Act. The Healthcare Trust was formed on
February 20, 2007, and filed a notification of registration on Form N-
8A on February 28, 2007 to register under the Act as a non-diversified,
closed-end management investment company. The Healthcare Trust will
file a registration statement under the Act on Form N-2 within 90 days
after the filing of the Form N-8A. Application will be made to list the
Healthcare Trust's common shares for trading on the New York Stock
Exchange. Gabelli is registered as an investment adviser under the
Investment Advisers Act of 1940 and serves as the investment adviser to
the Trust and the Healthcare Trust.
    2. The Trust owns a single share of the Healthcare Trust's common
shares of beneficial interest which was issued in consideration of the
Trust's contribution to the Healthcare Trust of the $8 initial net
asset value. Five of the eight persons who currently serve as the
Trust's directors are also trustees of the eight-member Healthcare
Trust's board of directors and four of the Trust's principal executive
officers hold the same offices with the Healthcare Trust.
    3. The Board of Directors (``Board'') of the Trust has approved,
subject to the requested relief and subsequent shareholder approval,
the contribution of a segment of the Trust's net assets having a value
of approximately $70 million to the Healthcare Trust in exchange for
additional shares of common stock of the Healthcare Trust, which
together with the share currently held by the Trust, will constitute
all of the shares of common stock of the Healthcare Trust. It is
anticipated that the contributed assets will consist largely or
exclusively of cash and short-term fixed income instruments. All the
common shares of the Healthcare Trust then will be distributed by the
Trust as a dividend to its shareholders at a rate of one share of the
Healthcare Trust common share for every 20 common shares held of the
Trust. The contribution of the Trust assets to the Healthcare Trust and
the subsequent distribution of the Healthcare Trust common shares to
the Trust shareholders are referred to as the ``Transaction.''
    4. The Board, including all of the directors who are not
``interested persons'' as defined by section 2(a)(19) of the Act (the
``Disinterested Directors''), concluded, among other things, that the
Transaction will result in the following benefits to Trust
shareholders: (a) Shareholders will receive shares of an investment
company with a different risk-return profile than the Trust; (b)
shareholders will acquire the Healthcare Trust common shares at a much
lower transaction cost than is typically the case for a newly-organized
closed-end equity fund since there will be no underwriting discounts or
commissions; and (c) shareholders will be able to seek capital
appreciation opportunities presented by the Healthcare Trust market
segment.
    5. The Trust does not expect that it will recognize significant
taxable gain on its contribution of cash and securities to the
Healthcare Trust in exchange for shares of the Healthcare Trust. The
Healthcare Trust has been advised by counsel that the distribution of
shares of the Healthcare Trust to Trust shareholders likely will be a
taxable event for Trust shareholders and, under certain circumstances,
will be a taxable event for the Trust. However, the Transaction is not
expected to increase significantly the total amount of taxable
distributions received by the Trust's common shareholders for the year
in which the Transaction is consummated and is not expected to result
in the recognition of significant taxable gain by the Trust. The Board,
including all of the Disinterested Directors, considered the tax
consequences of the Transaction and believes that the benefits of the
Transaction outweigh any adverse tax consequences to the Trust and its
shareholders.
    6. The costs of organizing the Healthcare Trust and effecting the
distribution of the Healthcare Trust's shares to the Trust's
shareholders, including the fees and expense of counsel and accountants
and printing, listing, and registration fees, are estimated to be
approximately $700,000 and will be borne by the Trust. The Trust will
bear the costs of soliciting its shareholders' approval of the
Transaction and the costs incurred in connection with this application
for exemptive relief. In addition, the Healthcare Trust will incur
operating expenses on an ongoing basis, including legal, auditing,
transfer agency, and custodian expenses that, when aggregated with the
fees payable by the Trust for similar services after the distribution,
will likely exceed the fees currently payable by the Trust for those
services. The Board, including the Disinterested Directors, concluded
that it is appropriate for the Trust to bear the Transaction's cost
inasmuch as the benefits of the Transaction will be for the Trust's
common shareholders and because absorption of such expenses will
eliminate any decrease in the net asset value of the Healthcare Trust's
shares in comparison to the amount of the distribution, which may
support the pricing of the Healthcare Trust shares on the New York
Stock Exchange. It is not expected that the Transaction will have
significant effect on the annual expenses of the Trust as a percentage
of its assets.

Applicants' Legal Analysis

    1. Section 17(a) of the Act generally prohibits sales or purchases
of securities between a registered investment company and an affiliated
person. Section 2(a)(3) of the Act defines an ``affiliated person'' of
another person to include (a) any person directly or indirectly owning,
controlling, or holding with power to vote 5% or more of the
outstanding voting securities of the other person, (b) any person 5% or
more of whose voting securities are directly or indirectly owned
controlled or held with the power to vote by the other person, and (c)
any person directly or indirectly controlling, controlled by, or under
common control with, the other person. The Trust may be viewed as an
affiliated person of the Healthcare Trust under section 2(a)(3) since
the Trust will own 100 percent of the Healthcare Trust's voting
securities until the consummation of the Transaction. The Healthcare
Trust may similarly be considered an affiliated person of the Trust
since 100 percent of the Healthcare Trust's voting securities will be
owned by the Trust. The Trust and the Healthcare Trust also may be
viewed as affiliated persons of each other to the extent that they may
be deemed to be under the common control of Gabelli and because five of
the same persons serve as the directors and four of the same persons
serve as officers of both companies. As a result of the affiliation
between the Trust and the Healthcare Trust, section 17(a) would
prohibit the Transaction.
    2. Applicants request an exemption pursuant to section 17(b) of the
Act from the provisions of section 17(a) in order to permit the Trust
to effect the Transaction. Section 17(b) authorizes the Commission to
issue such an exemptive order if the Commission finds that the terms of
the proposed transaction are fair and reasonable and do not involve
overreaching on the part of any persons concerned, and the proposed
transaction is consistent with the policy of each registered investment
company and the general purposes of the Act.
    3. Applicants assert that the terms of the Transaction, including
the consideration to be paid or received, are fair and reasonable and
do not involve overreaching by any person concerned.

Applicants state that the proposed sale by the Trust of a portion of
its assets to the Healthcare Trust in exchange for the securities of
the Healthcare Trust will be based on the fair value of those assets
computed on the day of the proposed transfer in the same manner as for
purposes of the daily net asset valuation for the Trust. Applicants
further state that such assets are anticipated to consist largely or
exclusively of cash and short-term fixed income instruments and thus
will likely pose few, if any, issues with respect to valuation. The
Healthcare Trust shares distributed by the Trust in the Transaction
will be valued based on the value of the Healthcare Trust's assets.
``Value'' for those purposes will be determined in accordance with the
provisions of section 2(a)(41) of the Act and rule 2a-4 under the Act.
    4. With respect to the Transaction, each of the Trust's Board and
the Healthcare Trust's Board, including a majority of the Disinterested
Directors of each Board, determined that the participation in the
Transaction is in the best interests of the Trust or the Healthcare
Trust, as applicable, and that the interests of the existing
shareholders of the Trust or the Healthcare Trust, as applicable, will
not be diluted as a result of the Transaction. These findings, and the
basis upon which the findings were made, will be recorded fully in the
minute book of the Trust or the Healthcare Trust, as applicable.
    5. Applicants state that the Transaction will be consistent with
the stated investment policies of the Trust and the Healthcare Trust as
disclosed to shareholders. The distribution of the Healthcare Trust
shares will not initially change the position of the Trust's
shareholders with respect to the underlying investments that they then
own. A proxy statement/prospectus of the Trust and the Healthcare Trust
is being used to solicit the approval of the Trust's shareholders of
the Transaction at a vote to take place following the issuance of the
exemptive order. The Trust's shareholders will have the opportunity to
vote on the Transaction after having received disclosure concerning the
Transaction.
    6. Applicants also seek an order under section 17(d) of the Act and
rule 17d-1 under the Act. Section 17(d) and rule 17d-1 prohibit
affiliated persons from participating in joint arrangements with a
registered investment company unless authorized by the Commission. In
passing on applications for these orders, rule 17d-1 provides that the
Commission will consider whether the participation of the investment
company is consistent with the provisions, policies and purposes of the
Act, and the extent to which the participation is on a basis different
from or less advantageous than that of the other participants.
Applicants request an order pursuant to rule 17d-1 to the extent that
the participation of the applicants in the Transaction may be deemed to
constitute a prohibited joint transaction.
    7. Applicants state that the Transaction will not place any of the
Trust, the Healthcare Trust, or existing shareholders of the Trust in a
position less advantageous than that of any other person. As noted, the
value of the Trust's assets transferred to the Healthcare Trust (and
the common shares received in return) will be based on their fair value
as computed on the day of the transfer in accordance with the
requirements of the Act. The shares of the Healthcare Trust will be
distributed as a dividend to the shareholders, leaving the shareholders
in the same investment posture immediately following the Transaction as
before, subject only to changes in market price of the underlying
assets subsequent to the Transaction.
    8. Applicants assert that the Transaction has been proposed in
order to benefit the shareholders of the Trust as well as the
Healthcare Trust, and neither Gabelli nor any other affiliated person
of the Trust or the Healthcare Trust will receive fees solely as a
result of the Transaction. The fee indirectly payable to Gabelli by the
Healthcare Trust's shareholders will be the same as the fee currently
indirectly payable to Gabelli by the Trust's shareholders. In addition,
by creating the Healthcare Trust through the Transaction, the Trust is
effectively enabling its shareholders to receive securities without the
costs associated with a public offering.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-8504 Filed 5-3-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Proposed Rules]
[Pages 75964-75966]
[FR Doc No: 2020-26045]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1035; Project Identifier MCAI-2020-01017-T]
RIN 2120-AA64

Airworthiness Directives; Yabor[atilde] Ind[uacute]stria
Aeron[aacute]utica S.A. (Type Certificate Previously Held by Embraer
S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.
Model EMB-135, EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes. This proposed AD was prompted by reports that
calculations provided by the automatic takeoff thrust control system
(ATTCS) are incorrect under certain conditions. This proposed AD would
require updating the software of the installed full authority digital
engine control (FADEC) systems, as specified in an Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which will be
incorporated by reference. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 11,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For ANAC material incorporated by reference (IBR) in this AD,
contact National Civil Aviation Agency (ANAC), Aeronautical Products
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, BRAZIL, Tel: 55 (12) 3203-6600; Email<EMAIL_ADDRESS>
internet www.anac.gov.br/en/. You may find this IBR material on the
ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp.
You may view this IBR material at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-1035.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1035; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views about this proposal. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time. Send your
comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2020-1035; Project Identifier MCAI-2020-01017-T'' at
the beginning of your comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments received by the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this NPRM because of those
comments.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to the
person identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Discussion

    The ANAC, which is the aviation authority for Brazil, has issued
ANAC AD 2020-07-02, effective July 21, 2020 (``ANAC AD 2020-07-02'')
(also referred to as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. Model
EMB-135, EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes. Model EMB-145EU, EMB-145LU, and EMB-145MK airplanes are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this AD therefore does not include those
airplanes in the applicability.
    This proposed AD was prompted by reports that calculations provided
by the ATTCS do not take into consideration the required engine air
bleed during operations with a single engine and anti-ice system on.
The FAA is proposing this AD to address the risk of over-prediction of
the operational margins, without the necessary alert being provided to
the flightcrew in some situations. This condition, if not corrected,
could lead to a performance reduction during takeoff, in which case

the aircraft may not be able to take off safely. See the MCAI for
additional background information.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2020-07-02 describes procedures for updating the software
of the installed FADECs to version B9.4 or B9.4.1. This material is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in ANAC AD 2020-07-02 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and the European Union
Aviation Safety Agency (EASA) to develop a process to use certain EASA
ADs as the primary source of information for compliance with
requirements for corresponding FAA ADs. The FAA has since coordinated
with other manufacturers and civil aviation authorities (CAAs) to use
this process. As a result, ANAC AD 2020-07-02 will be incorporated by
reference in the FAA final rule. This proposed AD would, therefore,
require compliance with ANAC AD 2020-07-02 in its entirety, through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this proposed AD. Service information
specified in ANAC AD 2020-07-02 that is required for compliance with
ANAC AD 2020-07-02 will be available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1035 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 494 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................              $0             $425         $209,950
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. (Type
Certificate Previously Held by Embraer S.A.): Docket No. FAA-2020-
1035; Project Identifier MCAI-2020-01017-T.

(a) Comments Due Date

    The FAA must receive comments by January 11, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Yabor[atilde] Ind[uacute]stria
Aeron[aacute]utica S.A. Model EMB-135BJ, -135ER, -135KE, -135KL, and
-135LR airplanes, EMB-145, -45ER, -145MR, -145LR, -145XR, -145MP,
and -145EP, certificated in any category, as identified in
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD
2020-07-02, effective July 21, 2020 (``ANAC AD 2020-07-02'').

(d) Subject

    Air Transport Association (ATA) of America Code 73, Engine fuel
and control.

(e) Reason

    This AD was prompted by reports that calculations provided by
the automatic takeoff thrust control system (ATTCS) are incorrect
under certain conditions. The FAA is issuing this AD to address the
risk of over-prediction of the operational margins,

without the necessary alert being provided to the flightcrew in some
situations. This condition, if not corrected, could lead to a
performance reduction during takeoff, in which case the airplane may
not be able to take off safely.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, ANAC AD 2020-07-02.

(j) Exceptions to ANAC AD 2020-07-02

    (1) Where ANAC AD 2020-07-02 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Alternative method of compliance (AMOC)'' section of
ANAC AD 2020-07-02 does not apply to this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (l)(2) of
this AD. Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or ANAC; or ANAC's
authorized Designee. If approved by the ANAC Designee, the approval
must include the Designee's authorized signature.

(l) Related Information

    (1) For information about ANAC AD 2020-07-02, contact National
Civil Aviation Agency (ANAC), Aeronautical Products Certification
Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--Centro
Empresarial Aquarius--Torre B--Andares 14 a 18, Parque Residencial
Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos Campos--SP,
BRAZIL, Tel: 55 (12) 3203-6600; Email<EMAIL_ADDRESS>internet
www.anac.gov.br/en/. You may find this IBR material on the ANAC
website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You
may view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-1035.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on November 19, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-26045 Filed 11-25-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
[Proposed Rules]
[Pages 20602-20604]
[FR Doc No: 2019-09648]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0312]
RIN 1625-AA08

Special Local Regulation; Clear Lake, Clear Creek, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a special local
regulation for certain waters within Clear Lake, Clear Creek, TX. This
action is necessary to provide safety of life on these navigable waters
immediately before, during, and after the Texas Outlaw Challenge, a
power boat race being held annually on the third Friday of June. This
proposed rulemaking would prohibit persons and vessels not
participating in the event from being within the specified zone unless
authorized by the Captain of the Port Houston/Galveston (COTP) or a
designated representative. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before May 28, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0312 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST3 Sarah Kessler, Waterways
Management Division, U.S. Coast Guard;<PHONE_NUMBER>,
<EMAIL_ADDRESS>
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
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On April 16, 2019, The Offshore Thunder Productions notified the
Coast Guard that they will be hosting a power boat race from 9 to 11:30
a.m. on June 21, 2019. This event will take place in Clear Lake. The
COTP has determined that potential hazards associated with the power
boat race would be a safety concern for anyone within the Pre-Stage
Zone, Approach Zone, Course Run Zone, Shut-Down Zone, and Turn Zone.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the Pre-Stage Zone, Approach Zone,
Course Run Zone, and Shut-Down Zone before, during, and after the
scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a special local regulation from
9 to 11:30 a.m. on the third Friday of June. The special local
regulation will encompass 5 different zones to include The Pre-Stage
Zone, Approach Zone, Course Run Zone, Shut-Down Zone, and the Spectator
Zone as described below:

    Pre-Stage Zone: This area is the pre-staging area for
participating vessels to line up. It will include all waters within
the following areas 29[deg]33.13 N 095[deg]01.84 W, 29[deg]33.12 N
095[deg]01.89 W, 29[deg]33.23 N 095[deg]01.96 W, 29[deg]33.13 N
095[deg]01.84 W.
    Approach Zone: \1/4\ mile distance required for participating
vessels to obtain the minimum 40mph requirement for course entry.
This will be a straight line to begin at approximately 29[deg]33.256
N, 095[deg]01.89 W and end at approximately 29[deg]33.33 N,
095[deg]02.15 W.
    Course Run Zone: \3/4\ mile distance where participating vessels
will conduct their high-speed run. This will be a straight line to
begin at approximately 29[deg]33.33 N, 095[deg]02.16 W and end at
approximately 29[deg]33.53 N, 095[deg]02.98 W.
    Shut-Down Zone: 1 mile distance where participating vessels will
be allowed to slow their speeds back to an idle. This will be a
straight line to begin at approximately 29[deg]33.53 N,
095[deg]02.98 W and end at approximately 29[deg]33.74 N,
095[deg]04.1 W.
    Spectator Zone: All vessels that will be viewing the event will
be required to stay within a designated area. The sponsor is
responsible for marking the spectator zone with 4 buoys on the outer
corners and ensuring that all vessels within the area are anchored
and remain in the area during all ongoing high-speed runs.

    No vessel or person would be permitted to enter the established
zones without obtaining permission from the on-water Safety-Officer or
designated representative.

IV. Regulatory Analyses

    We developed this proposed 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the power boat race. The safety zone will
impact a small area of Clear Lake for two and one-half hours on June
21, 2019. The Coast Guard will issue a Broadcast notice to Mariners via
VHF-FM marine channel 16 regarding the special local regulations, and
the zone will 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.

    While some owners or operators of vessels intending to transit the
established zones may be small entities, for the reasons stated in
section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    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 proposed 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 contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination 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 proposed rule involves a special local regulation
lasting two and one-half hours that would prohibit entry into the
established zones. Normally such actions are categorically excluded
from further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Amend Sec.  100.801 by adding an entry 7 in Table 3 to read as
follows:

Sec.  100.801   Annual Marine Events in the Eighth Coast Guard
District.

* * * * *

             Table 3 of Sec.   100.801--Sector Houston-Galveston Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------

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

                                                  * * * * * * *
7. The 3rd Friday morning in June..  Texas Outlaw Challenge/ Clear Lake, TX........  Clear Lake from the
                                      Offshore Thunder                                beginning of the Pre Stage
                                      Productions.                                    Zone to the end of the
                                                                                Shut-Down Zone.
                                                                                Pre-Stage Zone: This area
                                                                                is the pre-staging area
                                                                                for participating vessels
                                                                                to line up. It will
                                                                                include all waters within
                                                                                the following areas
                                                                                29[deg]33.13 N
                                                                                095[deg]01.84 W,
                                                                                29[deg]33.12 N
                                                                                095[deg]01.89 W,
                                                                                29[deg]33.23 N
                                                                                095[deg]01.96 W,
                                                                                29[deg]33.13 N
                                                                                095[deg]01.84 W.
                                                                                Approach Zone: \1/4\ mile
                                                                                distance required for
                                                                                participating vessels to
                                                                                obtain the minimum 40mph
                                                                                requirement for course
                                                                                entry. This will be a
                                                                                straight line to begin at
                                                                                approximately
                                                                                29[deg]33.256 N,
                                                                                095[deg]01.89 W and end at
                                                                                approximately 29[deg]33.33
                                                                                N, 095[deg]02.15 W.
                                                                                Course Run Zone: \3/4\ mile
                                                                                distance where
                                                                                participating vessels will
                                                                                conduct their high-speed
                                                                                run. This will be a
                                                                                straight line to begin at
                                                                                approximately 29[deg]33.33
                                                                                N, 095[deg]02.16 W and end
                                                                                at approximately
                                                                                29[deg]33.53 N,
                                                                                095[deg]02.98 W.
                                                                                Shut-Down Zone: 1 mile
                                                                                distance where
                                                                                participating vessels will
                                                                                be allowed to slow their
                                                                                speeds back to an idle.
                                                                                This will be a straight
                                                                                line to begin at
                                                                                approximately 29[deg]33.53
                                                                                N, 095[deg]02.98 W and end
                                                                                at approximately
                                                                                29[deg]33.74 N,
                                                                                095[deg]04.1 W.
                                                                                Spectator Zone: All vessels
                                                                                that will be viewing the
                                                                                event will be required to
                                                                                stay within a designated
                                                                                area. The sponsor is
                                                                                responsible for marking
                                                                                the spectator zone with 4
                                                                                buoys on the outer corners
                                                                                and ensuring that all
                                                                                vessels within the area
                                                                                are anchored and remain in
                                                                                the area during all
                                                                                ongoing high-speed runs.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: May 3, 2019.
K. D. Oditt,
Captain, United States Coast Guard, Captain of the Port Houston/
Galveston.
[FR Doc. 2019-09648 Filed 5-9-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Notices]
[Pages 24840-24841]
[FR Doc No: 2019-11105]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85910; File No. SR-EMERALD-2019-22]

Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Exchange Rule 503, Openings on the Exchange

May 22, 2019.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on May 13, 2019, MIAX Emerald, LLC (``MIAX
Emerald'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposal to amend Exchange Rule 503,
Openings on the Exchange.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/emerald at MIAX
Emerald's principal office, and at the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Exchange Rule 503, Openings on the
Exchange, to amend subsection (f)(2)(iv)(A)2. to adopt new rule text
relating to the price at which an Intermarket Sweep Order (``ISO'') is
routed in order to align the rule text to the operation of the
System.\3\
---------------------------------------------------------------------------

    \3\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
---------------------------------------------------------------------------

    The Exchange's Opening Process \4\ provides that if the calculated
opening price included interest other than solely Exchange interest,
the System will broadcast a System Imbalance Message to Exchange
Members \5\ and initiate a ``Route Timer,'' \6\ not to exceed one
second. If no new interest is received during the Route Timer, the
System will route to other markets disseminating prices better than the
Exchange's opening price, execute marketable interest at the opening
price on the Exchange, and route to other markets disseminating prices
equal to the Exchange opening price if necessary.\7\ Subsection 2. of
this rule states that any order that is routed pursuant to this Rule
(Rule 503) will be marked as an Intermarket Sweep Order (``ISO''), as
defined in Rule 1400(h), with a limit price equal to the Exchange's
opening price.\8\ An Intermarket Sweep Order is a limit order for an
option series that is routed to execute against the full displayed size
of any Protected Bid, in the case of a limit order to sell, or any
Protected Offer, in the case of a limit order to buy, for the options
series with a price that is superior to the limit price of the ISO. A
Member may submit an Intermarket Sweep Order to the Exchange only if it
has simultaneously routed one or more additional Intermarket Sweep
Orders to execute against the full displayed size of any Protected Bid,
in the case of a limit order to sell, or Protected Offer, in the case
of a limit order to buy, for an options series with a price that is
superior to the limit price of the Intermarket Sweep Order. An ISO may
be either an Immediate-Or-Cancel Order or an order that expires on the
day it is entered.\9\
---------------------------------------------------------------------------

    \4\ See Exchange Rule 503(f).
    \5\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associated with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
    \6\ See Exchange Rule 529(b)(2).
    \7\ See Exchange Rule 503(f)(2)(iv)(A).
    \8\ See Exchange Rule 503(f)(2)(iv)(A)2.
    \9\ See Exchange Rule 1400(h).
---------------------------------------------------------------------------

    As described in the Exchange's current rule, the Exchange will
route to other markets disseminating prices better than the Exchange's
opening price and will also route to other markets disseminating prices
equal to the Exchange opening price if necessary.\10\ The Exchange
recently identified an inconsistency between the Exchange's rule and
the Exchange's System behavior regarding the price of these routed
orders. Given that the order is being routed to another market center
for execution, the limit price of the order being routed should be
equal to the away market's displayed price rather than be equal to the
Exchange's opening price (although, in certain circumstances the away
market's displayed price may be equal to the Exchange's opening price)
as currently articulated in the Rule.
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    \10\ See supra note 7.
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    The Exchange believes that the System is operating correctly and
that the rule text inadvertently described the price being used for
these orders as the Exchange's opening price. The Exchange now proposes
to amend subsection 2. of Rule 503(f)(2)(iv)(A) to adopt new rule text
to replace the phrase, ``Exchange's opening price'' with the phrase,
``away market's displayed price.'' The new proposed rule will state
that any order that is routed pursuant to this Rule will be marked as
an Intermarket Sweep Order (``ISO''), as defined in Rule 1400(h), with
a limit price equal to the away market's displayed price. This proposed
change conforms the rule to the System's behavior.

2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \11\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \12\ in particular, in that it
is 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 facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms 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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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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    The Exchange's proposal removes impediments to and perfects the
mechanisms of a free and open market and a national market system and,
in general, protects investors and the public interest by ensuring that
interest routed as a result of an imbalance on the Exchange during its
Opening Process is properly priced for execution. This reduces the risk
of trading through \13\ other market centers and promotes just and
equitable principles of trade by routing orders to market centers where
they may receive an execution.
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    \13\ A trade-through occurs when one trading center executes an
order at a price that is inferior to the price of a protected
quotation, often representing an investor limit order, displayed by
another trading center.
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    The Exchange's proposal more accurately describes how the System
prices interest being routed pursuant to the Opening Process. The
Exchange believes its proposal provides accuracy and clarity to the
rule and protects investors and the public interest by clearly and
accurately describing Exchange functionality which may influence
investors' decisions concerning the submission of their orders.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
    The Exchange does not believe the proposed rule change will impose
any burden on inter-market competition as exchanges routinely route
orders to one another and the Exchange has been operating in this
fashion since it began operations on March 1, 2019.\14\ Additionally,
the Exchange does not believe the proposed rule change will impose any
burden on inter-market competition as the proposed rule change
clarifies current Exchange functionality and is not a competitive
filing.
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    \14\ See Securities Exchange Act Release No. 84891 (December 20,
2018), 83 FR 67421 (December 28, 2018) (File No. 10-233) (order
approving application of MIAX Emerald, LLC for registration as a
national securities exchange.); See also MIAX Emerald Regulatory
Circular 2019-29.
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    Additionally, the Exchange does not believe that the proposed rule
change will impose any burden on intra-market competition as the
Opening Process affects all Members equally, and the specific situation
that the proposal addresses occurs only in the limited instance as
described herein.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \15\ and Rule 19b-4(f)(6) \16\
thereunder.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-EMERALD-2019-22 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-EMERALD-2019-22. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-EMERALD-2019-22 and should be submitted
on or before June 19, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-11105 Filed 5-28-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 5, 2008 (Volume 73, Number 215)]
[Notices]
[Page 65868]
[DOCID:fr05no08-70]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1802-DR]

Kentucky; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Kentucky (FEMA-1802-DR), dated October 9, 2008,
and related determinations.

DATES: Effective Date: October 27, 2008.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Kentucky is hereby amended to include the
following area among those areas determined to have been adversely
affected by the catastrophe declared a major disaster by the President
in his declaration of October 9, 2008.

    Washington County for Public Assistance.

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

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-26301 Filed 11-4-08; 8:45 am]

BILLING CODE 9111-23-P