[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Notices]
[Pages 19220-19221]
[FR Doc No: E9-9598]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER05-1065-000; ER09-555-000]

Entergy Services, Inc.; Notice of Conference

April 17, 2009.
    Take notice that the Federal Energy Regulatory Commission, in
conjunction with the Arkansas Public Service Commission, the Louisiana
Public Service Commission, the Mississippi Public Service Commission,
the Public Utility Commission of Texas, and the Council of the City of
New Orleans, will host a conference on Wednesday, June 24, 2009, as
mentioned in the order issued March 17, 2009, in Docket No. ER09-555-
000.\1\ The purpose of the conference is for the commissions, Entergy,
the Southwest Power Pool, Inc.,\2\ and stakeholders, to discuss the
Independent Coordinator of Transmission arrangement and transmission
access issues on Entergy's transmission system.
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    \1\ Entergy Services, Inc., 126 FERC ] 61,227, at P 82 (2009).
    \2\ Entergy contracted with the Southwest Power Pool, Inc. to be
its Independent Coordinator of Transmission.
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    The conference will be held at the Charleston Place Hotel in
Charleston, South Carolina. The conference is scheduled to begin at 9
a.m. (EST) and end at approximately 3 p.m.
    Subsequent notices will be issued regarding further details and the
agenda for this conference.
    All interested parties are invited to attend. Pre-registration is
not required. There is no fee to attend.
    Transcripts of the conference will be available immediately for a
fee from Ace Reporting Company<PHONE_NUMBER> or 1-800-336-6646) and
will be available for free on the Commission's eLibrary system and on
the Calendar of Events approximately one week after the conference.
    For additional information, please contact Penny Murrell at (202)
502-8531 or<EMAIL_ADDRESS>or Sam

Loudenslager at<PHONE_NUMBER> or<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. E9-9598 Filed 4-27-09; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Notices]
[Pages 26691-26692]
[FR Doc No: 2017-11862]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-0001]

Bacteriophage Therapy: Scientific and Regulatory Issues; Public
Workshop

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop.

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SUMMARY: The Food and Drug Administration (FDA), Center for Biologics
Evaluation and Research, and the National Institutes of Health,
National Institute of Allergy and Infectious Diseases are announcing a
public workshop entitled ``Bacteriophage Therapy: Scientific and
Regulatory Issues.'' The purpose of the public workshop is to exchange
information with the medical and scientific community about the
regulatory and scientific issues associated with bacteriophage therapy.

DATES: The public workshop will be held on July 10, 2017, from 8:30
a.m. to 5 p.m. and July 11, 2017, from 8:30 a.m. to 3 p.m. See the
SUPPLEMENTARY INFORMATION section for registration date and
information.

ADDRESSES: The public workshop will be held at 5601 Fishers Lane, Rm.
1D-13, Rockville, MD 20852. Entrance for public workshop participants
is through the lobby where routine security check procedures will be
performed. For parking and security information, please refer to the
registration Web site provided in section III of the SUPPLEMENTARY
INFORMATION section.

FOR FURTHER INFORMATION CONTACT: James Ginther or Cynthia Whitmarsh,
Center for Biologics Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 4122, Silver
Spring, MD 20993, Ph.<PHONE_NUMBER>, email<EMAIL_ADDRESS>(subject line: Bacteriophage Public Workshop).

SUPPLEMENTARY INFORMATION:

I. Background

    Since their discovery approximately one hundred years ago,
bacteriophages have been investigated as a way to treat bacterial
infections. In much of the world, the discovery, development, and
implementation of antibiotic therapies led to a loss of interest in
bacteriophages as a means to fight infections. However, in recent
years, interest in this form of treatment has resurged, fueled by the
increasing prevalence of antibiotic-resistant bacteria.

II. Topics for Discussion at the Public Workshop

    The public workshop will bring together government agencies,
academia, industry, and other stakeholders involved in research,

development, and regulation of bacteriophages intended for therapeutic
use in humans. The aims of the workshop are to discuss the scientific
and regulatory considerations for bacteriophage therapies and to
provide a forum for the exchange of information and perspectives, with
the ultimate goal of facilitating development and rigorous clinical
assessment of bacteriophage therapy products.

III. Participating in the Public Workshop

    Registration: To register for the public workshop, please visit the
following Web site: https://www.eventbrite.com/e/bacteriophage-therapy-public-workshop-tickets-32333252629. Persons interested in attending
this public workshop must register online by June 29, 2017. Please
provide complete contact information for each attendee, including name,
title, affiliation, address, email, and telephone.
    Registration is free and based on space availability, with priority
given to early registrants. Early registration is recommended because
seating is limited; therefore, FDA may limit the number of participants
from each organization. There will be no onsite registration.
    If you need special accommodations due to disability, please
contact James Ginther or Cynthia Whitmarsh no later than 7 days in
advance of the workshop (see FOR FURTHER INFORMATION CONTACT).
    Transcripts: Please be advised that as soon as a transcript of the
public workshop is available, it will be accessible at https://www.regulations.gov. It may be viewed at the Division of Dockets
Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. A link to
the transcript will also be available on the Internet at: https://www.fda.gov/BiologicsBloodVaccines/NewsEvents/WorkshopsMeetingsConferences/ucm544294.htm.

    Dated: June 2, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-11862 Filed 6-7-17; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: July 27, 2010 (Volume 75, Number 143)]
[Proposed Rules]
[Page 43887-43888]
[DOCID:fr27jy10-28]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0607; Airspace Docket No. 10-ACE-7]

Proposed Amendment of Class E Airspace; Boonville, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Boonville,
MO. Decommissioning of the Viertel non-directional beacon (NDB) at
Jesse Viertel Memorial Airport, Boonville, MO, has made this action
necessary for the safety and management of Instrument Flight Rules
(IFR) operations at Jesse Viertel Memorial Airport.

DATES: 0901 UTC. Comments must be received on or before September 10,
2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2010-

0607/Airspace Docket No. 10-ACE-7, 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 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone 1-800-647-5527)
is on the ground floor of the building at the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

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-2010-0607/
Airspace Docket No. 10-ACE-7.'' The postcard will be date/time stamped
and returned to the commenter.

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/airports_airtraffic/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 ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, 2601 Meacham Blvd., Fort
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by modifying Class E airspace extending upward from
700 feet above the surface for standard instrument approach procedures
at Jesse Viertel Memorial Airport, Boonville, MO. Airspace
reconfiguration is necessary due to the decommissioning of the Viertel
NDB and the cancellation of the NDB approach. Controlled airspace is
necessary for the safety and management of IFR operations at the
airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9T, dated August 27, 2009, and effective September 15, 2009, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    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.
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, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. 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 modify controlled airspace at Jesse Viertel Memorial
Airport, Boonville, MO.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, 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

    1. The authority citation for Part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9T, Airspace Designations and Reporting Points, signed August 27,
2009, and effective September 15, 2009, is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ACE MO E5 Boonville, MO [Amended]

Jesse Viertel Memorial Airport, MO
    (Lat. 38[deg]56'48'' N., long. 92[deg]40'58'' W.)
Hallsville VORTAC
    (Lat. 39[deg]06'49'' N., long. 92[deg]07'42'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of Jesse Viertel Memorial Airport, and
within 2.4 miles each side of the Hallsville VORTAC 249[deg] radial
extending from the 6.9-mile radius of the airport to 19.4 miles
southwest of the VORTAC.

    Issued in Fort Worth, TX, on July 1, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-18260 Filed 7-26-10; 8:45 am]
BILLING CODE 4901-13-P


[Federal Register: July 27, 2009 (Volume 74, Number 142)]
[Notices]
[Page 37032-37033]
[DOCID:fr27jy09-43]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2008-0421; FRL-8935-5]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for the Wood Building
Products Surface Coating Industry, EPA ICR Number 2034.04, OMB Control
Number 2060-0510

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR that is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before August 26,
2009.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2008-0421, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: John Schaefer, Office of Air Quality
Planning and Standards, Sector Policies and Programs Division (D243-
05), Measurement Policy Group, Environmental Protection Agency,
Research Triangle Park, North Carolina, 27711; telephone number: (919)
541-0296; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 30, 2008 (73 FR 31088), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2008-0421, which is available for public viewing
online at http://www.regulations.gov, or in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER> and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov to submit or view public comments, access the index
listing of the contents of the docket, and to access those documents in
the docket that are available electronically. Once in the system,
select ``docket search,'' then key in the docket ID number identified
above. Please note that EPA's policy is that public comments, whether
submitted electronically or in paper, will be made available for public
viewing at http://www.regulations.gov, as EPA receives them and without
change, unless the comment contains copyrighted material, Confidential
Business Information (CBI), or other information whose public
disclosure is restricted by statute. For further information about the
electronic docket, go to http://www.regulations.gov.
    Title: NESHAP for the Wood Building Products Surface Coating
Industry (Renewal).
    ICR Numbers: EPA ICR Number 2034.04, OMB Control Number 2060-0510.
    ICR Status: This ICR is scheduled to expire on September 30, 2009.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP), for the Wood Building Products Surface Coating
Industry, published at 40 CFR part 63, subpart QQQQ, were proposed on
June 21, 2002, and promulgated on May 28, 2003. These regulations apply
to existing facilities and new facilities that perform surface coating
of wood building products where the total Hazardous Air Pollutants
(HAPs) emitted are greater than or equal to 10 tons per year of any one
HAP, or where the total HAPs emitted are greater than or equal to 25
tons per year of any combination of HAPs, that use at least 4,170
liters (1,100 gallons) of coatings annually.
    In general, all NESHAP standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities. They are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. These notifications, reports, and
records are essential in determining compliance, and are required of
all affected facilities subject to NESHAP.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 109
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Wood building products surface
coating facilities.
    Estimated Number of Respondents: 232.
    Frequency of Response: Initially, occasionally, and semiannually.

    Estimated Total Annual Hour Burden: 75,771
    Estimated Total Annual Cost: $6,695,925, which includes $6,417,525
in annual labor costs, $278,400 in O&M costs, and no total capital/
Startup costs.
    Changes in the Estimates: There is a small change in the total
estimated burden currently identified in the OMB Inventory of Approved
ICR Burdens. This change is due to a correction in rounding of the
currently approved burden. The new burden is $278,400, or $400 in
additional burden above the currently approved burden.

    Dated: July 20, 2009.
John Moses,
Director, Collection Strategies Division.
[FR Doc. E9-17837 Filed 7-24-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74560-74561]
[FR Doc No: 2023-23967]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0383; FMCSA-2014-0385; FMCSA-2014-0387; FMCSA-
2018-0139; FMCSA-2019-0109; FMCSA-2019-0110; FMCSA-2021-0015]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 13
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions are applicable on November 19, 2023. The
exemptions expire on November 19, 2025. Comments must be received on or
before November 30, 2023.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2014-0383, Docket No. FMCSA-2014-
0385, Docket No. FMCSA-2014-0387, Docket No. FMCSA-2018-013, Docket No.
FMCSA-2019-0109, Docket No. FMCSA-2019-0110, or Docket No. FMCSA-2021-
0015 using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov,
insert the docket number (FMCSA-2014-0383, FMCSA-2014-0385, FMCSA-2014-
0387, FMCSA-2018-0139, FMCSA-2019-0109, FMCSA-2019-0110, or FMCSA-2021-
0015) in the keyword box and click ``Search.'' Next, sort the results
by ``Posted (Newer-Older),'' choose the first notice listed, and click
on the ``Comment'' button. Follow the online instructions for
submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET
Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001,<PHONE_NUMBER>,
[email protected]. Office hours are 8:30 a.m. to 5 p.m. ET Monday
through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2014-0383, Docket No. FMCSA-2014-0385, Docket
No. FMCSA-2014-0387, Docket No. FMCSA-2018-0139, Docket No. FMCSA-2019-
0109, Docket No. FMCSA-2019-0110, or Docket No. FMCSA-2021-0015),
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
You may submit your comments and material online or by fax, mail, or
hand delivery, but please use only one of these means. FMCSA recommends
that you include your name and a mailing address, an email address, or
a phone number in the body of your document so that FMCSA can contact
you if there are questions regarding your submission.
    To submit your comment online, go to www.regulations.gov/, insert
the docket number (FMCSA-2014-0383, FMCSA-2014-0385, FMCSA-2014-0387,
FMCSA-2018-0139, FMCSA-2019-0109, FMCSA-2019-0110, or FMCSA-2021-0015)
in the keyword box and click ``Search.'' Next, sort the results by
``Posted (Newer-Older),'' choose the first notice listed, click the
``Comment'' button, and type your comment into the text box on the
following screen. Choose whether you are submitting your comment as an
individual or on behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. FMCSA will consider all comments and
material received during the comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2014-0383, FMCSA-2014-0385, FMCSA-2014-0387, FMCSA-2018-
0139, FMCSA-2019-0109, FMCSA-2019-0110, or FMCSA-2021-0015) in the
keyword box and click ``Search.'' Next, sort the results by ``Posted
(Newer-Older),'' choose the first notice listed, and click ``Browse
Comments.'' If you do not have access to the internet, you may view the
docket online by visiting Dockets Operations on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001, between 9 a.m. and 5 p.m. ET Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or<PHONE_NUMBER> before visiting Dockets Operations.

C. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statutes also allow the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in

49 CFR 391.41(b)(11) states that a person is physically qualified to
drive a CMV if that person first perceives a forced whispered voice in
the better ear at not less than 5 feet with or without the use of a
hearing aid or, if tested by use of an audiometric device, does not
have an average hearing loss in the better ear greater than 40 decibels
at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when
the audiometric device is calibrated to American National Standard
(formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, (35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971),
respectively).
    The 13 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in Sec.  391.41(b)(11), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 13
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 13 drivers in this notice
remain in good standing with the Agency. In addition, for commercial
driver's license (CDL) holders, the Commercial Driver's License
Information System and the Motor Carrier Management Information System
are searched for crash and violation data. For non-CDL holders, the
Agency reviews the driving records from the State Driver's Licensing
Agency. These factors provide an adequate basis for predicting each
driver's ability to continue to safely operate a CMV in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each of these drivers for a period of 2 years is likely to achieve a
level of safety equal to that existing without the exemption.
    As of November 19, 2023, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 13 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Jeffrey Barbuto (NH)
Wayne Crowl (IN)
Debbie Gaskill (GA)
Jason Gensler (OH)
Emil Iontchev (IL)
Jerrell McCrary (NC)
Danny McGowan (WV)
Matthew Moore (TX)
Abdiwahab Olow (MN)
Stuart Randles (FL)
Anthony Saive (TN)
Jennifer Valentine (TX)
Donald Weyand (MI)

    The drivers were included in docket numbers FMCSA-2014-0383, FMCSA-
2014-0385, FMCSA-2014-0387, FMCSA-2018-0139, FMCSA-2019-0109, FMCSA-
2019-0110, or FMCSA-2021-0015. Their exemptions are applicable as of
November 19, 2023 and will expire on November 19, 2025.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) each driver must report any crashes or accidents as defined in
Sec.  390.5T; and (2) report all citations and convictions for
disqualifying offenses under 49 CFR parts 383 and 391 to FMCSA; and (3)
each driver prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements. Each exemption will be valid for 2 years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) the person fails to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 13 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the hearing
requirement in Sec.  391.41(b)(11). In accordance with 49 U.S.C.
31136(e) and 31315(b), each exemption will be valid for 2 years unless
revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-23967 Filed 10-30-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Pages 12260-12261]
[FR Doc No: 2015-05109]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Rocky Mountain Metropolitan Airport, Broomfield, Colorado

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of request to release airport property.

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SUMMARY: The FAA proposes to rule and invite public comment on the
release of land at the Rocky Mountain Metropolitan Airport under the
provisions of Section 125 of the Wendell H. Ford Aviation Investment
Reform Act for the 21st Century (AIR 21), now 49 U.S.C. 47107(h)(2).

DATES: Comments must be received on or before April 6, 2015.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Mr. John P. Bauer, Manager, Federal
Aviation Administration, Northwest Mountain Region, Airports Division,
Denver Airports District Office, 26805 E. 68th Avenue, Suite 224,
Denver, Colorado 80249-6361.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Ms. Aubrey L. McGonigle, Airport Administration
Manager, Rocky Mountain Metropolitan Airport, Broomfield, Colorado, at
the following address: Ms. Aubrey L. McGonigle, Airport Administration
Manager, Rocky Mountain Metropolitan Airport, 11755 Airport Way,
Broomfield, Colorado 80021.

FOR FURTHER INFORMATION CONTACT: Mr. Marc Miller, Colorado Engineer/
Compliance Specialist, Federal Aviation Administration, Northwest
Mountain Region, Denver Airports District Office, 26805 E. 68th Avenue,
Suite 224, Denver, Colorado 80249-6361.
    The request to release property may be reviewed, by appointment, in
person at this same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the Rocky Mountain Metropolitan Airport
under the provisions of the AIR 21 (49 U.S.C. 47107(h)(2)).
    On December 30, 2014, the FAA determined that the request to
release property at the Rocky Mountain Metropolitan Airport submitted
by Jefferson County meets the procedural requirements of the Federal
Aviation Administration. The FAA may approve the request, in whole or
in part, no later than April 6, 2015.
    The following is a brief overview of the request: Jefferson County
is proposing the release from the terms, conditions, reservations, and
restrictions on a 449 acre parcel of property acquired by Jefferson
County on June 2, 1959. This property was transferred to the Jefferson
County Airport Authority in April of 1966. With the dissolution of the
Airport Authority in 1998, this property ownership was then transferred
back to Jefferson County, as the airport sponsor, January 11, 1999.
Elevation constraints of this parcel compared to the Runway environment
makes it unusable for airport development. The property is currently
undeveloped vacant land. The expected future use of the property is for
non-aviation development associated with the Verve Innovation Park, as
well

as the realignment of Simms Street to allow for more aviation
development to the east. The proceeds for the disposal of the property
will be at fair market value and the sponsor will utilize the revenue
to reinvest into future airport development.
    Any person may inspect, by appointment, the request in person at
the FAA office listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon appointment and request, inspect
the application, notice and other documents germane to the application
in person at the Rocky Mountain Metropolitan Airport.

    Issued in Denver, Colorado, on February 25, 2015.
John P. Bauer,
Manager, Denver Airports District Office.
[FR Doc. 2015-05109 Filed 3-5-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Proposed Rules]
[Pages 65036-65038]
[FR Doc No: 2019-25437]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0834; Airspace Docket No. 19-ASO-22]
RIN 2120-AA66

Proposed Amendment of the Class E Airspace; Bowling Green and
Somerset, KY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace area
designated as a surface area and the Class E airspace extending upward
from 700 feet above the surface at Bowling Green-Warren County Regional
Airport, Bowling Green, KY, and Lake Cumberland Regional Airport,
Somerset, KY. The FAA is proposing this action as the result of the
decommissioning of the Bowling Green VHF omnidirectional range (VOR)
navigation aid, which provided navigation information for the
instrument procedures at these airports, as part of the VOR Minimum
Operational Network (MON) Program. Additionally, the name and
geographic coordinates of Lake Cumberland Regional Airport would also
be updated to coincide with the FAA's aeronautical database.

DATES: Comments must be received on or before January 10, 2020.

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-2019-0834; Airspace Docket No. 19-ASO-22, at the beginning of your
comments. You may also submit comments through the internet at https://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 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://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:<PHONE_NUMBER>. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.11D at NARA, email
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, 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 amend the Class E airspace area designated as a surface
area and the Class E airspace extending upward from 700 feet above the
surface at Bowling Green-Warren County Regional Airport, Bowling Green,
KY, and Lake Cumberland Regional Airport, Somerset, KY, to support
instrument flight rule operations at these airports.

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-2019-0834;
Airspace Docket No. 19-ASO-22.'' 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 https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://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 7400.11D, Airspace
Designations and Reporting Points, dated August 8, 2019, and effective
September 15, 2019. FAA Order 7400.11D is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11D 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:
    Amending the Class E airspace area designated as a surface area at
Bowling Green-Warren County Regional Airport, Bowling Green, KY, by
removing the Bowling Green VORTAC and associated extension from the
airspace legal description; and adding an extension within 1 mile each
side of the 030[deg] bearing from the airport extending from the 4.2-
mile radius to 4.5 miles north of the airport;
    Amending the Class E airspace area designated as a surface area at
Lake Cumberland Regional Airport, Somerset, KY, by removing the Bowling
Green VORTAC from the airspace legal description; adding an extension
within 1 mile each side of the 043[deg] bearing from the airport
extending from the 4-mile radius to 4.8 miles northeast of the airport;
and updating the name and geographic coordinates of Lake Cumberland
Regional Airport (previously Somerset--Pulaski County--J.T. Wilson
Field Airport) to coincide with the FAA's aeronautical database;
    Amending the Class E airspace extending upward from 700 feet above
the surface to within a 6.7-mile radius (increased from a 6.6-mile
radius) of Bowling Green-Warren County Regional Airport; and removing
the Bowling Green VORTAC and associated extension from the airspace
legal description;
    And amending the Class E airspace extending upward from 700 feet
above the surface to within a 6.5-mile radius (decreased from an 8.6-
mile radius) of Lake Cumberland Regional Airport; removing the
Cumberland River NDB and associated extension as they are no longer
required; adding an extension 8 miles south and 3.8 miles north of the
228[deg] bearing from the Lake Cumberland Regional: RWY 05-LOC
extending from the 6.5-mile radius of the Lake Cumberland Regional
Airport to 10 miles southwest of the Lake Cumberland Regional: RWY 05-
LOC; and updating the name and geographic coordinates of the Lake
Cumberland Regional Airport (previously Somerset--Pulaski County--J.T.
Wilson Field Airport) to coincide with the FAA's aeronautical database.
    This action is the result of an airspace review caused by the
decommissioning of the Bowling Green VOR, which provided navigation
information for the instrument procedures at these airports, as part of
the VOR MON Program.
    Class E airspace designations are published in paragraph 6002 and
6005, respectively, of FAA Order 7400.11D, dated August 8, 2019, and
effective September 15, 2019, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in the Order. FAA Order 7400.11,
Airspace Designations and Reporting Points, is published yearly and
effective on September 15.

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

    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 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

ASO KY E2 Bowling Green, KY [Amended]

Bowling Green-Warren County Regional Airport, KY,
    (Lat. 36[deg]57'52'' N, long. 86[deg]25'11'' W)

    Within a 4.2-mile radius of Bowling Green-Warren County Regional
Airport, and within 1 mile each side of the 030[deg] bearing from
the airport extending from the 4.2-mile radius to 4.5 miles north of
the airport.
* * * * *

ASO KY E2 Somerset, KY [Amended]

Lake Cumberland Regional Airport, KY
    (Lat. 37[deg]03'13'' N, long. 84[deg]36'56'' W)

    Within a 4-mile radius of Lake Cumberland Regional Airport, and
within 1 mile each side of the 043[deg] bearing from the airport
extending from the 4-mile radius to 4.8 miles northeast of the
airport.

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

* * * * *

ASO KY E5 Bowling Green, KY [Amended]

Bowling Green-Warren County Regional Airport, KY
    (Lat. 36[deg]57'52'' N, long. 86[deg]25'11'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Bowling Green-Warren County Regional
Airport.
* * * * *

ASO KY E5 Somerset, KY [Amended]

Lake Cumberland Regional Airport, KY
    (Lat. 37[deg]03'13'' N, long. 84[deg]36'56'' W)

Lake Cumberland Regional: RWY 05-LOC, KY
    (Lat. 37[deg]03'38'' N, long. 84[deg]36'28'' W)

    That airspace extending upward from 700 feet above the surface
within an 6.5-mile radius of the Lake Cumberland Regional Airport,
and within 8 miles south and 3.8 miles north of the 228[deg] bearing
from the Lake Cumberland Regional: RWY 05-LOC extending from the
6.5-mile radius of the Lake Cumberland Regional Airport to 10 miles
southwest of the Lake Cumberland Regional: RWY 05-LOC.

    Issued in Fort Worth, Texas, on November 18, 2019.
Steve Szukala,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-25437 Filed 11-25-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14774-14775]
[FR Doc No: 2017-05712]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213

Extension:
    Rule 482; SEC File No. 270-508, OMB Control No. 3235-0565

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.) (``Paperwork Reduction Act''), the
Securities and Exchange Commission (the ``Commission'') is soliciting
comments on the collection of information summarized below. The
Commission plans to submit this existing collection of information to
the Office of Management and Budget (``OMB'') for extension and
approval.
    Like most issuers of securities, when an investment company
(``fund'') \1\ offers its shares to the public, its promotional efforts
become subject to the advertising

restrictions of the Securities Act of 1933 (15 U.S.C. 77) (the
``Securities Act''). In recognition of the particular problems faced by
funds that continually offer securities and wish to advertise their
securities, the Commission has previously adopted advertising safe
harbor rules. The most important of these is rule 482 (17 CFR 230.482)
under the Securities Act, which, under certain circumstances, permits
funds to advertise investment performance data, as well as other
information. Rule 482 advertisements are deemed to be ``prospectuses''
under Section 10(b) of the Securities Act.\2\
---------------------------------------------------------------------------

    \1\ ``Investment company'' refers to both investment companies
registered under the Investment Company Act of 1940 (``Investment
Company Act'') (15 U.S.C. 80a-1 et seq.) and business development
companies.
    \2\ 15 U.S.C. 77j(b).
---------------------------------------------------------------------------

    Rule 482 contains certain requirements regarding the disclosure
that funds are required to provide in qualifying advertisements. These
requirements are intended to encourage the provision to investors of
information that is balanced and informative, particularly in the area
of investment performance. For example, a fund is required to include
disclosure advising investors to consider the fund's investment
objectives, risks, charges and expenses, and other information
described in the fund's prospectus, and highlighting the availability
of the fund's prospectus and, if applicable, its summary prospectus. In
addition, rule 482 advertisements that include performance data of
open-end funds or insurance company separate accounts offering variable
annuity contracts are required to include certain standardized
performance information, information about any sales loads or other
nonrecurring fees, and a legend warning that past performance does not
guarantee future results. Such funds including performance information
in rule 482 advertisements are also required to make available to
investors month-end performance figures via Web site disclosure or by a
toll-free telephone number, and to disclose the availability of the
month-end performance data in the advertisement. The rule also sets
forth requirements regarding the prominence of certain disclosures,
requirements regarding advertisements that make tax representations,
requirements regarding advertisements used prior to the effectiveness
of the fund's registration statement, requirements regarding the
timeliness of performance data, and certain required disclosures by
money market funds.
    Rule 482 advertisements must be filed with the Commission or, in
the alternative, with the Financial Industry Regulatory Authority
(``FINRA'').\3\ This information collection differs from many other
federal information collections that are primarily for the use and
benefit of the collecting agency.
---------------------------------------------------------------------------

    \3\ See rule 24b-3 under the Investment Company Act (17 CFR
270.24b-3), which provides that any sales material, including rule
482 advertisements, shall be deemed filed with the Commission for
purposes of Section 24(b) of the Investment Company Act upon filing
with FINRA.
---------------------------------------------------------------------------

    Rule 482 contains requirements that are intended to encourage the
provision to investors of information that is balanced and informative,
particularly in the area of investment performance. The Commission is
concerned that in the absence of such provisions fund investors may be
misled by deceptive rule 482 advertisements and may rely on less-than-
adequate information when determining in which funds they should invest
money. As a result, the Commission believes it is beneficial for funds
to provide investors with balanced information in fund advertisements
in order to allow investors to make better-informed decisions.
    The Commission estimates that 53,907 \4\ responses to rule 482 are
filed annually by 3,278 investment companies offering approximately
15,494 portfolios, or approximately 3.5 responses per portfolio
annually.\5\ The burden associated with rule 482 is presently estimated
to be 5.16 hours per response. The annual hourly burden is therefore
approximately 278,161 hours.\6\
---------------------------------------------------------------------------

    \4\ This estimated number of responses to rule 482 is composed
of 53,746 responses filed with FINRA and 161 responses filed with
the Commission in 2016.
    \5\ 53,907 responses / 15,494 portfolios = 3.5 responses per
portfolio.
    \6\ 53,907 responses x 5.16 hours per response = 278,161 hours.
---------------------------------------------------------------------------

    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act and is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules and forms. The provision of information under rule 482
is necessary to obtain the benefits of the safe harbor offered by the
rule. The information provided under rule 482 will not be kept
confidential. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549; or send an email
to<EMAIL_ADDRESS>
    Dated: March 16, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05712 Filed 3-21-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: September 29, 2008 (Volume 73, Number 189)]
[Rules and Regulations]
[Page 56473-56474]
[DOCID:fr29se08-13]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0434; Airspace Docket No. 08-ASW-6]

Establishment of Class D Airspace; Victoria, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class D airspace at Victoria Regional
Airport, Victoria, TX. Establishment of an air traffic control tower
has made this action necessary for the safety of Instrument Flight Rule
(IFR) operations at Victoria Regional Airport.

DATES: Effective Date: 0901 UTC, November 20, 2008. 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 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; telephone (817)
222-5582.

SUPPLEMENTARY INFORMATION:

History

    On May 19, 2008, the FAA published in the Federal Register a notice
of proposed rulemaking to establish Class D airspace at Victoria
Regional Airport, Victoria, TX (73 FR 28764, Docket No. FAA-2008-0434).
Interested parties were invited to participate in this

rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received. Class D airspace designations are
published in paragraph 5000 of FAA Order 7400.9R signed August 15,
2007, and effective September 15, 2007, which is incorporated by
reference in 14 CFR Part 71.1. The Class D airspace designations listed
in this document will be published subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by establishing Class D airspace extending upward from the
surface to and including 2,600 feet MSL within a 4.7-mile radius of
Victoria Regional Airport. The establishment of an airport traffic
control tower has made this action necessary for the safety and
management of IFR aircraft operations at the airport.
    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.
Therefore, this regulation: (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, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, 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 establishes controlled airspace at Victoria Regional Airport,
Victoria, TX.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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(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 Part 71.1 of the Federal
Aviation Administration Order 7400.9R, Airspace Designations and
Reporting Points, signed August 15, 2007, and effective September 15,
2007, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW TX D Victoria, TX [New]

Victoria Regional Airport, TX
    (Lat. 28[deg]51'09'' N., long. 96[deg]55'07'' W.)

    That airspace extending upward from the surface to and including
2,600 feet MSL within a 4.7-mile radius of Victoria Regional
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.
* * * * *

    Issued in Fort Worth, TX, on August 28, 2008.
Roger M. Trevino,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E8-22455 Filed 9-26-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: August 17, 2009 (Volume 74, Number 157)]
[Notices]
[Page 41466-41468]
[DOCID:fr17au09-118]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60459; File No. SR-Phlx-2009-54]

Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Order
Approving a Proposed Rule Change To Establish Fees for the Top of Phlx
Options Direct Data Feed Product

August 7, 2009.

I. Introduction

    On June 30, 2009, NASDAQ OMX PHLX, Inc. (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
amend its fee schedule by establishing subscriber fees for a direct
data product related to the trading of standardized options on the
Exchange's enhanced electronic trading platform for options, Phlx XL
II.\3\ Notice of the proposed rule change was published for comment in
the Federal Register on July 8, 2009.\4\ The Commission received no
comments on the proposal. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 59995 (May 28,
2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32).
    \4\ See Securities Exchange Act Release No. 60202 (June 30,
2009), 74 FR 32675 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    In conjunction with the launch and rollout of its Phlx XL II
system, the Exchange is developing Top of Phlx Options (``TOPO''), a
direct data feed product that includes the Exchange's best bid and
offer price, with aggregate size, based on displayable order and
quoting interest on the Phlx XL II system. The data contained in the
TOPO data feed is identical to the data sent to the processor for the
Options Price Regulatory Authority (``OPRA''), and the TOPO and OPRA
data will leave the Phlx XL II System at the same time.
    In coordination with the projected completion of the rollout of the
Phlx XL II system, the Exchange proposes to charge monthly fees to
distributors, beginning August 1, 2009, for use of TOPO.\5\ The monthly
``Distributor Fee'' charged will depend on whether the distributor is
an ``Internal Distributor'' or an ``External Distributor.'' \6\
Specifically, the Exchange proposed to charge Internal Distributors a
monthly fee of $2,000 per organization and to charge External
Distributors a monthly fee of $2,500 per organization.
---------------------------------------------------------------------------

    \5\ A ``distributor receives a feed or data file of data
directly from NASDAQ OMX PHLX or indirectly through another entity
and then distributes it either internally or externally. All
distributors will be required to execute a NASDAQ OMX PHLX
distributor agreement.
    \6\ An Internal Distributor is an organization that subscribes
to the Exchange for the use of TOPO, and is permitted by agreement
with the Exchange to provide TOPO data to internal users (i.e.,
users within their own organization). An External Distributor is an
organization that subscribes to the Exchange for the use of TOPO,
and is permitted by agreement with the Exchange to provide TOPO data
to both internal users and to external users (i.e., users outside of
their own organization).
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\7\
In particular, the Commission finds that the proposed rule change is
consistent with the requirements of Section 6(b)(4) of the Act,\8\
which requires that the rules of a national securities exchange provide
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using its facilities, and
Section 6(b)(5) of

the Act,\9\ which requires, among other things, that the rules of an
exchange be designed to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest; and not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers. The Commission also finds that
the proposed rule change is consistent with Section 6(b)(8) of the Act
\10\ in that it does not impose any burden on competition not necessary
or appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \7\ 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).
    \8\ 15 U.S.C. 78f(b)(4).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Commission has reviewed the proposal using the approach set
forth in the approval order for SR-NYSEArca-2006-21 for non-core market
data fees.\11\ In the NYSE Arca Order, the Commission stated that
``when possible, reliance on competitive forces is the most appropriate
and effective means to assess whether the terms for the distribution of
non-core data are equitable, fair and reasonable, and not unreasonably
discriminatory.'' \12\ It noted that the ``existence of significant
competition provides a substantial basis for finding that the terms of
an exchange's fee proposal are equitable, fair, reasonable, and not
unreasonably or unfairly discriminatory.'' \13\ If an exchange ``was
subject to significant competitive forces in setting the terms of a
proposal,'' the Commission will approve a proposal unless it determines
that ``there is a substantial countervailing basis to find that the
terms nevertheless fail to meet an applicable requirement of the
Exchange Act or the rules thereunder.'' \14\
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770 (December 9, 2008) (SR-NYSEArca-2006-21) (``NYSE
Arca Order'').
    \12\ Id. at 74771.
    \13\ Id. at 74782.
    \14\ Id. at 74781.
---------------------------------------------------------------------------

    As noted in the NYSE Arca Order, the standards in Section 6 of the
Act do not differentiate between types of data and therefore apply to
exchange proposals to distribute both core data and non-core data.\15\
All U.S. options exchanges are required pursuant to the Plan for
Reporting of Consolidated Options Last Sale Reports and Quotation
Information (``OPRA Plan'') to provide ``core data''--the best-priced
quotations and comprehensive last sale reports--to OPRA, which data is
then distributed to the public pursuant to the OPRA Plan.\16\ In
contrast, individual exchanges and other market participants distribute
non-core data voluntarily.\17\ The mandatory nature of the core data
disclosure regime leaves little room for competitive forces to
determine products and fees.\18\ Non-core data products and their fees
are, by contrast, much more sensitive to competitive forces. The
Commission therefore is able to rely on competitive forces in its
determination of whether an exchange's proposal to distribute non-core
data meets the standards of Section 6.\19\
---------------------------------------------------------------------------

    \15\ Id. at 74779.
    \16\ See OPRA Plan, Sections V(a)-(c).
    \17\ See NYSE Arca Order, supra, note 11, at 74779.
    \18\ Id.
    \19\ Id.
---------------------------------------------------------------------------

    Because Phlx's instant proposal relates to the distribution of non-
core data, the Commission will apply the market-based approach set
forth in the NYSE Arca Order. Pursuant to this approach, the first step
is to determine whether Phlx was subject to significant competitive
forces in setting the terms of its non-core market data proposal,
including the level of any fees. As in the NYSE Arca Order, in
determining whether Phlx was subject to significant competitive forces
in setting the terms of its proposal, the Commission has analyzed
Phlx's compelling need to attract order flow from market participants,
and the availability to market participants of alternatives to
purchasing Phlx's non-core market data.
    The Commission believes that the options industry currently is
subject to significant competitive forces. It is generally accepted
that the start of wide-spread multiple listing of options across
exchanges in August 1999 greatly enhanced competition among the
exchanges.\20\ The launch of three options exchanges since that time,
numerous market structure innovations, and the start of the options
penny pilot \21\ have all further intensified intermarket competition
for order flow.\22\
---------------------------------------------------------------------------

    \20\ See generally Concept Release: Competitive Developments in
the Options Markets, Securities Exchange Act Release No. 49175
(February 3, 2004), 69 FR 6124 (February 9, 2004); see also
Battalio, Robert, Hatch, Brian, and Jennings, Robert, Toward a
National Market System for U.S. Exchange-listed Equity Options, The
Journal of Finance 59 (933-961); De Fontnouvelle, Patrick, Fishe,
Raymond P., and Harris, Jeffrey H., The Behavior of Bid-Ask Spreads
and Volume in Options Markets During the Competition for Listings in
1999, The Journal of Finance 58 (2437-2463); and Mayhew, Stewart,
Competition, Market Structure, and Bid-Ask Spreads in Stock Option
Markets, The Journal of Finance 57 (931-958).
    \21\ See, e.g., Securities Exchange Act Release Nos. 55162
(January 24, 2007), 72 FR 4738 (February 1, 2007) (SR-Amex-2006-
106); 55073 (January 9, 2007), 72 FR 4741 (February 1, 2007) (SR-
BSE-2006-48); 55154 (January 23, 2007), 72 FR 4743 (February 1,
2007) (SR-CBOE-2006-92); 55161 (January 24, 2007), 72 FR 4754
(February 1, 2007) (SR-Phlx-2006-62); 55156 (January 23, 2007), 72
FR 4759 (February 1, 2007) (SR-NYSEArca-2006-73); and 55153 (January
23, 2007), 72 FR 4553 (January 31, 2007) (SR-Phlx-2006-74).
    \22\ See Securities Exchange Act Release No. 59949 (May 20,
2009), 74 FR 25593 (May 28, 2009) (SR-ISE-2007-97) (order approving
a proposed rule change by ISE to establish fees for a depth of
market data product).
---------------------------------------------------------------------------

    Phlx currently competes with six options exchanges for order
flow.\23\ Attracting order flow is an essential part of Phlx's
competitive success.\24\ If Phlx cannot attract order flow to its
market, it will not be able to execute transactions. If Phlx cannot
execute transactions on its market, it will not generate transaction
revenue. If Phlx cannot attract orders or execute transactions on its
market, it will not have market data to distribute, for a fee or
otherwise, and will not earn market data revenue and thus not be
competitive with other exchanges that have this ability. In its filing,
Phlx provided market share data for the seven options exchanges.\25\
---------------------------------------------------------------------------

    \23\ In its filing, Phlx states that ``[a]s an illustration of
the intensity of the competition for options order flow among the
seven U.S. options exchanges, the ISE and * * * CBOE each enjoy
close to thirty percent market share of volume, followed by Phlx at
close to twenty percent market share, followed by four other
exchanges with meaningful market share.'' See Notice, supra, note 4,
at 32676.
    \24\ Phlx states in its filing that it ``has a compelling need
to attract order flow from market participants * * * in order to
maintain its share of trading volume.'' See Notice, supra, note 4,
at 32676.
    \25\ See Notice, supra, note 4, at 32676.
---------------------------------------------------------------------------

    These market share percentages strongly indicate that Phlx must
compete vigorously for order flow to maintain its share of trading
volume. This compelling need to attract order flow imposes significant
pressure on Phlx to act reasonably in setting its fees for Phlx market
data, particularly given that the market participants that will pay
such fees often will be the same market participants from whom Phlx
must attract order flow. These market participants include broker-
dealers that control the handling of a large volume of customer and
proprietary order flow. Given the portability of order flow from one
exchange to another, any exchange that sought to charge unreasonably
high data fees would risk alienating many of the same customers on
whose orders it depends for competitive survival.\26\
---------------------------------------------------------------------------

    \26\ Id.
---------------------------------------------------------------------------

    Phlx currently trades options on seven proprietary index products
that are not traded on any other exchange. Phlx represents that these
seven options

currently represent less than 0.04% of Phlx's total contract
volume.\27\ The Commission believes that, given the small percentage of
Phlx's total contract volume represented by these seven products, the
inclusion of data on these products in Phlx's TOPO product will not
confer market power on Phlx to compel market participants to purchase
the entire Phlx data feed. The Commission therefore believes that the
inclusion of top-of-book data for these products in Phlx's TOPO product
does not undermine the finding that Phlx was subject to significant
competitive forces in setting the terms of its proposal.
---------------------------------------------------------------------------

    \27\ Id.
---------------------------------------------------------------------------

    In addition to the need to attract order flow, the availability of
alternatives to TOPO product significantly affect the terms on which
Phlx can distribute this market data.\28\ In setting the fees for its
TOPO product, Phlx must consider the extent to which market
participants would choose one or more alternatives instead of
purchasing its data.\29\ The most basic source of information
concerning the top-of-book generally available at an exchange is the
complete record of an exchange's transactions that is provided in the
core data feeds.\30\ In this respect, the core data feeds that include
an exchange's own transaction information are a significant alternative
to the exchange's market data product.\31\ Further, other options
exchanges can produce their own top-of-book products, and thus are
sources of potential competition for Phlx.\32\
---------------------------------------------------------------------------

    \28\ See NYSE Arca Order, supra note 11, at 74784.
    \29\ Id. at 74783.
    \30\ Id.
    \31\ Id. Information on transactions executed on Phlx is
available through OPRA.
    \32\ In its filing, Phlx states that ``ISE and CBOE are
potential competitors because each exchange enjoys greater market
share and thus the ability to offer a top-of-book product that would
compete favorably with TOPO.'' See Notice, supra, note 4, at 32677.
     Phlx also notes that although the TOPO data feed is separate
from the core data feed made available by OPRA, all of the
information made available in TOPO is included in the core data
feed. Phlx states that the OPRA data is widely distributed and
relatively inexpensive, thus constraining Phlx's ability to price
TOPO. See Notice, supra, note 4, at 32677.
---------------------------------------------------------------------------

    The Commission believes that there are a number of alternative
sources of information that impose significant competitive pressures on
Phlx in setting the terms for distributing its TOPO product. The
Commission believes that the availability of those alternatives, as
well as Phlx's compelling need to attract order flow, imposed
significant competitive pressure on Phlx to act equitably, fairly, and
reasonably in setting the terms of its proposal.
    Because Phlx was subject to significant competitive forces in
setting the terms of the proposal, the Commission will approve the
proposal in the absence of a substantial countervailing basis to find
that the terms of the proposal fail to meet the applicable requirements
of the Act or the rules thereunder. The Commission did not receive any
comments on the proposal. Further, an analysis of the proposal does not
provide such a basis. The Commission notes that the proposed fees for
TOPO are lower for Internal Distributors than for External
Distributors. Because Internal Distributors are by definition more
limited in the scope of their distribution of TOPO data than External
Distributors, it is reasonable to expect that Internal Distributors
will provide TOPO data to a smaller number of internal subscribers.\33\
The fees therefore do not unreasonably discriminate among types of
subscribers, such as by favoring participants in the Phlx market or
penalizing participants in other markets.
---------------------------------------------------------------------------

    \33\ Conversely, External Distributors can reasonably be
expected to distribute the TOPO data to a higher number of
subscribers because they do not have the same limitation.
Accordingly, the Exchange will charge a higher fee to External
Distributors than to Internal Distributors. See id.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (SR-Phlx-2009-54), be and hereby is
approved.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
Florence E. Harmon,
Deputy Secretary.
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. E9-19569 Filed 8-14-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Notices]
[Page 55658]
[FR Doc No: 2019-22595]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87277; File No. SR-NYSEArca-2019-60]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change, as Modified by Amendment No. 1 Thereto, To List and Trade
Shares of the KFA Global Carbon ETF Under NYSE Arca Rule 8.600-E

October 10, 2019.
    On August 14, 2019, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
shares of the KFA Global Carbon ETF under NYSE Arca Rule 8.600-E. The
proposed rule change was published for comment in the Federal Register
on August 29, 2019.\3\ On September 12, 2019, the Exchange filed
Amendment No. 1 to the proposed rule change, which replaced and
superseded the proposed rule change as originally filed.\4\ The
Commission has received no comment letters on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 86752 (Aug. 23,
2019), 84 FR 45557.
    \4\ Amendment No. 1 is available on the Commission's website at:
https://www.sec.gov/comments/sr-nysearca-2019-60/srnysearca201960-6117868-192147.pdf.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is October 13, 2019. The Commission is extending this 45-day time
period.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider the proposed rule change. Accordingly, the
Commission, pursuant to Section 19(b)(2) of the Act,\6\ designates
November 27, 2019 as the date by which the Commission shall either
approve or disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-NYSEArca-2019-60), as
modified by Amendment No. 1.
---------------------------------------------------------------------------

    \6\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-22595 Filed 10-16-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Notices]
[Page 7780]
[FR Doc No: 2016-03022]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2972-024]

The City of Woonsocket; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 2972-024.
    c. Date Filed: October 19, 2015.
    d. Submitted By: The City of Woonsocket.
    e. Name of Project: Woonsocket Falls Project.
    f. Location: On the Blackstone River, in Providence County, Rhode
Island. No federal lands are occupied by the project works or located
within the project boundary.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Charles Rosenfield, Thundermist
Hydropower, 87 Senexet Road, Woodstock, CT 06281;<PHONE_NUMBER>; or by
<EMAIL_ADDRESS>    i. FERC Contact: Patrick Crile at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. The City of Woonsocket filed its request to use the Traditional
Licensing Process on October 19, 2015. The City of Woonsocket provided
public notice of its request on December 21, 2015. In a letter dated
February 9, 2016, the Director of the Division of Hydropower Licensing
approved the City of Woonsocket's request to use the Traditional
Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7
of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, Part 402. We are also initiating consultation
with the Rhode Island Historical Preservation and Heritage Commission,
the State Historic Preservation Office (SHPO), as required by section
106, National Historic Preservation Act, and the implementing
regulations of the Advisory Council on Historic Preservation at 36 CFR
800.2.
    l. With this notice, we are designating the City of Woonsocket as
the Commission's non-federal representative for carrying out informal
consultation pursuant to section 7 of the Endangered Species Act and
consultation pursuant to section 106 of the National Historic
Preservation Act.
    m. The City of Woonsocket filed a Pre-Application Document (PAD;
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    o. The licensee states its unequivocal intent to submit an
application for a new license for Project No. 2972-024. Pursuant to 18
CFR 16.8, 16.9, and 16.10 each application for a new license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by October 31,
2018.
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: February 9, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-03022 Filed 2-12-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: January 22, 2009 (Volume 74, Number 13)]
[Notices]
[Page 4073]
[DOCID:fr22ja09-93]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Metropolitan Transit Authority

[Waiver Petition Docket Number FRA-2008-0156]

    The Metropolitan Transit Authority (MTA), on behalf of the Long
Island Rail Road (LIRR) and Metro-North Commuter Rail (MNCW), seeks
approval for a waiver of compliance with the requirements of the
Passenger Equipment Safety Standards contained in 49 CFR 238.105(d)(1),
train electronic hardware and software safety. Section 49 CFR
238.105(d)(1) states that:
    ``Hardware and software that controls or monitors a train's primary
braking system shall either: (I) Fail safely by initiating a full
service brake application in the event of a hardware or software
failure that could impair the ability of the engineer to apply or
release the brakes; or (ii) Access to direct manual control of the
primary braking system (both service and emergency braking) shall be
provided to the engineer.''
    This waiver is for over 1,000 M-7 electric MU's already being
operated over LIRR and MNCW. The braking software provided by the
manufacturer only partly meets the above requirements. The railroad
requests that an application of only emergency brakes in the event of a
loss of power, or failure (hardware and software), of the friction
brake control unit be allowed in lieu of either the requirement for a
full service brake application or restoration of direct manual control
of the primary braking system to the operator.
    The electric MU locomotives brake systems were provided by Knorr
Brake Corporation and the electronic control logic was provided by
Mitsubishi Electric Company. The railroad explains in their petition
that the full service brake application is transmitted electronically
to an analog converter which provides pneumatic brake force through
application and release magnet valves. Emergency brake function is
provided by venting brake pipe to initiate a trainline brake
application. Emergency brake application can be initiated via the
Master Controller, the B3C conductors valve, or by loss of trainline
power to the emergency magnet valve circuit causing trainline to vent
to atmosphere causing the brakes over the entire consist to apply at an
emergency rate.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2008-0156) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, S.E., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC on January 14, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-1216 Filed 1-21-09; 8:45 am]

BILLING CODE 4910-06-P