[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12691-12693]
[FR Doc No: 2017-04015]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for modification of special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before March 21, 2017.

ADDRESSES: Address Comments to: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with the procedures governing
the application for, and the processing of, special permits from the
Department of Transportation's Hazardous Material Regulations (49 CFR
part 107, subpart B), notice is hereby given that the Office of
Hazardous Materials Safety has received the application described
herein. Each mode of transportation for which a particular special
permit is requested is indicated by a number in the ``Nature of
Application'' portion of the table below as follows: 1--Motor vehicle,
2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-
carrying aircraft.
    Copies of the applications are available for inspection in the
Records Center, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC, or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on February 9, 2017.
Donald Burger,
Chief, Office of the Special Permits and Approvals.

----------------------------------------------------------------------------------------------------------------
                                                                         Regulation(s)     Nature of the special
    Application No.             Docket No.             Applicant           affected           permits thereof
----------------------------------------------------------------------------------------------------------------
                                              Special Permits Data
----------------------------------------------------------------------------------------------------------------
9649-M.................  .......................  Alliant             172.101...........  Requesting the
                                                   Techsystems                             addition of a
                                                   Operatons LLC.                          hazardous material to
                                                                                the list on Page 3
                                                                                section 6 of DOT-SP-
                                                                                9649. Proper Shipping
                                                                                Name: Articles,
                                                                                explosive, n.o.s.,
                                                                                (nitrocellulose,
                                                                                nitroglycerin) Hazard
                                                                                Class/Division: 1.3C
                                                                                identification
                                                                                Number: UN0470
                                                                                Packing Group: II.
10915-M................  .......................  Luxfer Inc........  172.203(a),         To modify the special
                                                                       172.301(c),         permit to authorize
                                                                       173.302a(a)(1),     the removal of liner
                                                                       173.304a(a)(1),     coatings and the
                                                                       180.205.            gunfire test for
                                                                                cylinders less than
                                                                                .5 liters water
                                                                                capacity.
10922-M................  .......................  Fiba Technologies,   173.302(a),        To modify the special
                                                   Inc.                180.205,            permit to clarify
                                                                       180.207(d)(1),      certain requirements
                                                                       172.302(c).         and to bring it in
                                                                                line with newer
                                                                                retesting permits
                                                                                issued by DOT.
11378-M................  .......................  National            173.40(a),          To modify the special
                                                   Aeronautics and     173.201, 173.226,   permit to authorize
                                                   Space               173.227,            an additional
                                                   Administration      173.40(c).          hazardous material.
                                                   (NASA).
11489-M................  .......................  TK Holdings, Inc..  173.56(b), 172.320  To modify the special
                                                                                permit to remove
                                                                                language that has
                                                                                been incorporated
                                                                                into the regulations.
11502-M................  .......................  Federal Express     171.23,             To modify the special
                                                   Corporation.        172.203(a),         permit to authorize
                                                                       172.301(c).         the FedEx Express air
                                                                                manifest to be
                                                                                considered shipping
                                                                                papers when shipping
                                                                                papers are used as a
                                                                                manifest over certain
                                                                                highway routes.
11725-M................  .......................  ATK Space Systems,  173.301(f),         To modify the special
                                                   Inc.                173.302a(a)(1),     permit to clarify the
                                                                       173.304a(a)(2).     burst and working
                                                                                pressures of the
                                                                                permit.
11818-M................  .......................  Orbital Sciences    172.101 Column      To authorize
                                                   Corporation.        (9B), 173.301(f),   additional hazmat to
                                                                       173.302a(a)(1),     be added to the
                                                                       173.304a(a)(2).     permit.
12818-M................  .......................  Shoreline Marine,   173.301(j),         To modify the special
                                                   Inc.                173.302.            permit to authorize
                                                                                two additional
                                                                                foreign non-DOT
                                                                                specification steel
                                                                                cylinders and to
                                                                                clarify certain
                                                                                packaging and
                                                                                operational
                                                                                requirements.
13112-M................  .......................  Carleton            178.35(c)(3)......  To authorize a special
                                                   Technologies, Inc.                      permit for onetime
                                                                                shipment of 39
                                                                                cylinders which met
                                                                                all requirements of
                                                                                SP 13112 except the
                                                                                internal visual
                                                                                inspection was not
                                                                                witnessed by the 3rd
                                                                                party inspector.
                                                                                These cylinders are a
                                                                                part of defense
                                                                                program for
                                                                                supporting homeland
                                                                                defense.
13961-M................  .......................  3AL Testing.......  172.203(a),         To modify the special
                                                                       172.301(c),         permit to remove the
                                                                       180.205.            requirement for the
                                                                                six month check for
                                                                                gain control accuracy
                                                                                and to authorize a
                                                                                revised dome marking.
13998-M................  .......................  3AL Testing.......  172.203(a),         To modify the special
                                                                       172.301(c),         permit to remove the
                                                                       180.205.            requirement for the
                                                                                six month check for
                                                                                gain control accuracy
                                                                                and to authorize a
                                                                                revised dome marking.
14372-M................  .......................  Shoreline Marine,   173.309(b),         To modify the special
                                                   Inc.                180.203(a).         permit to authorize
                                                                                three additional
                                                                                foreign non-DOT
                                                                                specification steel
                                                                                cylinders and clarify
                                                                                certain packaging and
                                                                                operational
                                                                                requirements.
14453-M................  .......................  Fiba Technologies,  180.209(a),         To modify the special
                                                   Inc.                180.209(b),         permit to authorize a
                                                                       180.209(b)(1)(iv).  change in the
                                                                                requirements for the
                                                                                certification of
                                                                                individuals who
                                                                                perform 5-year
                                                                                external visual
                                                                                inspections.
14661-M................  .......................  Fiba Technologies,  180.209(a),         To modify the special
                                                   Inc.                180.209(b),         permit to authorize
                                                                       180.209(b)(1)(iv).  the external visual
                                                                                inspection by either
                                                                                an employee of the
                                                                                permit grantee or an
                                                                                agent designated by
                                                                                either the owner or
                                                                                operator of the
                                                                                cylinders being
                                                                                inspected.
14751-M................  .......................  Univation           173.244...........  To modify the special
                                                   Technologies, LLC.                      permit to authorize
                                                                                adding additional
                                                                                drawings.
15146-M................  .......................  Starco              173.304(d)........  To modify the special
                                                   Enterprises, Inc.                       permit to authorize
                                                                                additional 2.1
                                                                                hazmat.
15691-M................  .......................  Department of       180.209...........  To modify the special
                                                   Defense.                                permit to authorize
                                                                                clarifying the
                                                                                requirements for the
                                                                                purpose and
                                                                                limitation and safety
                                                                                control measures.

16011-M................  .......................  Americase, Inc....  173.185(f),         To modify the special
                                                                       172.500, 172.600,   permit to clarify
                                                                       172.700(a),         language about watt
                                                                       172.200, 172.400,   hours, remove
                                                                       172.300.            unnecessary language
                                                                                about lithium metal
                                                                                batteries and to
                                                                                harmonize the permit
                                                                                with the 19th revised
                                                                                edition of the UN
                                                                                Model Regulations and
                                                                                Amendment 38-16 of
                                                                                the IMDG Code.
16295-M................  .......................  Evonik Corporation  172.519(c)........  To modify the special
                                                                                permit to remove the
                                                                                requirement of
                                                                                transporting in
                                                                                closed, sealed
                                                                                transport vehicles or
                                                                                freight containers.
16391-M................  .......................  Halliburton Energy  173.201, 173.302,   To modify the special
                                                   Services, Inc.      173.304a,           permit to increase
                                                                       173.301(f).         the restriction of
                                                                                the service pressure
                                                                                to 16,000 psi.
16469-M................  .......................  ACS UE Testing LLC  180.205,            To modify the special
                                                                       172.203(a),         permit to remove the
                                                                       172.301(c).         requirement of a
                                                                                resident Level II
                                                                                certified facility
                                                                                operator and to
                                                                                increase the check
                                                                                gain control accuracy
                                                                                from six months to
                                                                                five years.
16555-M................  .......................  Advance Research    173.227(b)(2)(iii)  To modify the special
                                                   Chemicals, Inc.                         permit originally
                                                                                issued on an
                                                                                emergency basis to
                                                                                authorize an
                                                                                additional two years
                                                                                and identify Advance
                                                                                Research Chemicals,
                                                                                Inc. as an offeror of
                                                                                hazardous materials.
16572-M................  .......................  Samsung Austin      173.158(b), (e),    To modify the special
                                                   Semiconductor,      (f).                permit to authorize
                                                   L.L.C.                                  removing unnecessary
                                                                                restrictions
                                                                                contained in
                                                                                paragraph 7.b, safety
                                                                                control measures.
16624-M................  .......................  Areva NP Inc......  173.301(a)(1),      To modify the special
                                                                       173.302(a).         permit originally
                                                                                issued on an
                                                                                emergency basis to
                                                                                authorize an
                                                                                additional two years
                                                                                and clarify certain
                                                                                requirements
                                                                                contained in
                                                                                paragraph 7, safety
                                                                                control measures.
20221-M................  .......................  Comet Technologies  173.304a(a)(2)....  To authorize the
                                                   USA Inc.                                addition of a Class 9
                                                                                hazmat to the permit.
20284-M................  .......................  Sharps Compliance,  171.180...........  To modify the permit
                                                   Inc.                                    from emergency to
                                                                                routine.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-04015 Filed 3-3-17; 8:45 am]
BILLING CODE 4909-60-M


                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            REGION IX AIR DIVISION

                          Technical Support Document
                                      for
                              EPA's Rulemaking
	for the
                       Arizona State Implementation Plan

                       Arizona Revised Statutes §49-424

                           Prepared by: Nancy Levin

                               October 31, 2016

RULE IDENTIFICATION
Agency
Arizona Department of Environmental Quality

SIP Approved Rule
A.R.S. Title 49-424. Duties of the department.
Effective: August 24, 2012
Submitted: August 24, 2012
EPA Approved: November 5, 2012 (77 FR 66398)

Subject of this TSD
A.R.S. Title 49-424. Duties of the department.
Effective: April 18, 2014
Submitted: December 21, 2015

Completeness Finding
Determination of Completeness letter: March 21, 2016

BACKGROUND
The previous SIP-approved version of ARS §49-424 established requirements for the Arizona Department of Environmental Quality to conduct activities to regulate air pollution in the state.

RULE SUMMARY

A.R.S. Title 49-424 Duties of the department
This Statute requires the Arizona Department of Environmental Quality (ADEQ) to establish and run an air pollution control program, including establishing air pollution control districts (APCD).

A summary of the duties of the department are as follows:
 Determine whether air sheds can be reasonably identified and whether air pollution can be controlled by establishing air pollution control districts within well-defined geographical areas.
 Make continuing determinations of the quantity and nature of emissions of air contaminants, topography, wind, temperature conditions, possible atmospheric chemical reactions, economic development, the use, feasibility and economic impact of air control devices, the effect on human health and property, the effect on industry and other matters to better understand air pollution and control.
 Establish exceptional event policies with the planning agency (per 49-406(A)) and the APCD, taking into account the state's unique circumstances.
 Determine health based standards, transmit minimum standards to county boards of supervisors.
 Conduct investigations, inspections and tests to carry out the duties of this section.
 Hold hearing and compel the attendance of witnesses and production of records (per 49-432).
 Develop air pollution control plans.
 Encourage voluntary cooperation with persons, groups or other states.
 Encourage political subdivisions to handle air pollution problems in their jurisdictions, and provide technical and consultative assistance as necessary.
 Compile and publish reports, data and statistics related to this section.
 Develop and disseminate air quality dust forecasts for PM10 nonattainment or maintenance areas.

Changes from prior SIP-approved rule (Additions in CAPS; deletions in strikeout)
 Section 2. Make continuing determinations of the quantity and nature of emissions of air contaminants, topography, wind and temperature conditions, possible chemical reactions in the atmosphere, the character of development of the various areas of the state, the economic effect of remedial measures on the various areas of the state, the availability, use and economic feasibility of air-cleaning devices, the effect on human health and danger to property from air contaminants, the effect on industrial operations of remedial measures and other matters necessary to arrive at a better understanding of air pollution and its control. In a county with a population in excess of one million two hundred thousand persons according to the most recent United States decennial census, the department shall locate a monitoring system in at least two remote geographic sites.
 Section 11. Develop and disseminate air quality dust forecasts for the Maricopa county PM10 nonattainment OR MAINTENANCE area AND ANY OTHER PM10 NONATTAINMENT OR MAINTENANCE AREAS THAT ARE DESIGNATED IN THIS STATE FROM AND AFTER DECEMBER 31, 2011. Each forecast shall identify a low, moderate or high risk of dust generation for the next five consecutive days and shall be issued by noon on each day the forecast is generated. At a minimum, the forecasts shall be posted on the department's website and distributed electronically. When developing these forecasts, the department shall consider all of the following: (a) Projected meteorological conditions for the Maricopa county PM10 NONATTAINMENT OR MAINTENANCE area, including all of the following...

EVALUATION CRITERIA
The following criteria were used to evaluate the submitted rule.
 Enforceability - The Bluebook (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and the Little Bluebook (Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability.
 Stringency  - Nonattainment areas are required to demonstrate reasonably available control measures (RACM), including reasonably available control technology (RACT). CAA Section 172(c)(1) requires that each attainment plan "provide for the implementation of all reasonably available control measures as expeditiously as practicable (including such reductions in emissions from existing sources in the area as may be obtained through the adoption, at a minimum, of reasonably available control technology), and shall provide for the attainment of the national primary ambient air quality standards." RACM findings are generally made in context of an overall attainment demonstration. RACT finding are generally made for rules that contain control measures or limits.
 SIP Relaxation - CAA §110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA §193 prohibits the modification of any SIP-approved control requirement in effect before November 15, 1990, in a nonattainment area.

EPA EVALUATION

A summary of our evaluation of the three criteria follows.

      1. 	Enforceability - The rule revisions regarding development of air quality dust forecasts are clear and specific. The revision extends the current requirement to prepare a forecast for the Maricopa county PM10 nonattainment area, by adding "or Maintenance area." It also extends the requirement to include any other nonattainment areas designated after December 31, 2015. These and other provisions sufficiently ensure that affected sources and regulators can evaluate and determine compliance with ARS §49-424 consistently as required by CAA §110(a).

      2. 	Stringency  -  This is an administrative rule. Therefore, we are not evaluating it for RACM or RACT.

      3. 	SIP Relaxation: We propose to determine that our approval of the submittal would comply with CAA §§110(l) and 193 because (1) the proposed SIP revision would not interfere with the on-going process for ensuring that requirements for RFP and attainment of the NAAQS are met, and (2) the requirements in the submitted rule are more stringent than the existing SIP-approved requirements that they would replace.

EPA ACTION
The submitted ARS 49-424 strengthens the SIP. The rule largely fulfils the relevant CAA §110 and part D requirements. Therefore, EPA staff recommends approval of ARS 49-424 pursuant to CAA §110(k)(3) and §301(a).

REFERENCES

 "Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.
 "Guidance Document for Correcting Common VOC & Other Rule Deficiencies," (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.
 Arizona Department of Environmental Quality 2015 West Pinal Moderate PM10 Nonattainment Area SIP, Appendix G, Air Quality Division, December 21, 2015 Final.


[Federal Register Volume 76, Number 155 (Thursday, August 11, 2011)]
[Notices]
[Page 49764]
[FR Doc No: 2011-20432]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Project No. 7742-007]

Steve Mason Enterprises, Inc., Green Energy Trans, LLC; Notice of
Transfer of Exemption

    1. Pursuant to section 4.106(i) of the Commission's regulations,\1\
Steve Mason Enterprises, Inc., exemptee for the Long Shoals Project No.
7742,\2\ informed the Commission that it transferred ownership of its
exempted project property and facilities for Project No. 7742 to Green
Energy Trans, LLC.\3\ The project is located on the South Fork Catawba
River in Lincoln County, North Carolina. The transfer of an exemption
does not require Commission approval.\4\
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    \1\ 18 CFR 4.106(i) (2011).
    \2\ The Commission issued an exemption from licensing for
Project No. 7742 on July 19, 1984. Long Shoals Hydro, Inc., 28 FERC
] 62,067 (1984).
    \3\ See filing of May 26, 2011 from Steve Mason Enterprises,
Inc.
    \4\ E.g., John C. Jones, 99 FERC ] 61,372, at 62,580 n.2 (2002).
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    2. Green Energy Trans, LLC, located at 227 Pilch Road, Troutman,
North Carolina, is now the exemptee of the Long Shoals Project No.
7742.

    Dated: August 5, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-20432 Filed 8-10-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Notices]
[Pages 33225-33227]
[FR Doc No: 2014-13460]

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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 0-1;
    SEC File No. 270-472, OMB Control No. 3235-0531.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995

(44 U.S.C. 350l et seq.), the Securities and Exchange Commission
(``Commission'') plans to submit to the Office of Management and Budget
a request for extension of the previous approved collection of
information discussed below.
    The Investment Company Act of 1940 (the ``Act'') \1\ establishes a
comprehensive framework for regulating the organization and operation
of investment companies (``funds''). A principal objective of the Act
is to protect fund investors by addressing the conflicts of interest
that exist between funds and their investment advisers and other
affiliated persons. The Act places significant responsibility on the
fund board of directors in overseeing the operations of the fund and
policing the relevant conflicts of interest.\2\
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    \1\ 15 U.S.C. 80a.
    \2\ For example, fund directors must approve investment advisory
and distribution contracts. See 15 U.S.C. 80a-15(a), (b), and (c).
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    In one of its first releases, the Commission exercised its
rulemaking authority pursuant to sections 38(a) and 40(b) of the Act by
adopting rule 0-1 (17 CFR 270.0-1).\3\ Rule 0-1, as subsequently
amended on numerous occasions, provides definitions for the terms used
by the Commission in the rules and regulations it has adopted pursuant
to the Act. The rule also contains a number of rules of construction
for terms that are defined either in the Act itself or elsewhere in the
Commission's rules and regulations. Finally, rule 0-1 defines terms
that serve as conditions to the availability of certain of the
Commission's exemptive rules. More specifically, the term ``independent
legal counsel,'' as defined in rule 0-1, sets out conditions that funds
must meet in order to rely on any of ten exemptive rules (``exemptive
rules'') under the Act.\4\
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    \3\ Investment Company Act Release No. 4 (Oct. 29, 1940) (5 FR
4316 (Oct. 31, 1940)). Note that rule 0-1 was originally adopted as
rule N-1.
    \4\ The relevant exemptive rules are: rule 10f-3 (17 CFR
270.10f-3), rule 12b-1 (17 CFR 270.12b-1), rule 15a-4(b)(2) (17 CFR
270.15a-4(b)(2)), rule 17a-7 (17 CFR 270.17a-7), rule 17a-8 (17 CFR
270.17a-8), rule 17d-1(d)(7) (17 CFR 270.17d-1(d)(7)), rule 17e-1(c)
(17 CFR 270.17e-1(c)), rule 17g-1 (17 CFR 270.17g-1), rule 18f-3 (17
CFR 270.18f-3), and rule 23c-3 (17 CFR 270.23c-3).
---------------------------------------------------------------------------

    The Commission amended rule 0-1 to include the definition of the
term ``independent legal counsel'' in 2001.\5\ This amendment was
designed to enhance the effectiveness of fund boards of directors and
to better enable investors to assess the independence of those
directors. The Commission also amended the exemptive rules to require
that any person who serves as legal counsel to the independent
directors of any fund that relies on any of the exemptive rules must be
an ``independent legal counsel.'' This requirement was added because
independent directors can better perform the responsibilities assigned
to them under the Act and the rules if they have the assistance of
truly independent legal counsel.
---------------------------------------------------------------------------

    \5\ See Role of Independent Directors of Investment Companies,
Investment Company Act Release No. 24816 (Jan. 2, 2001) (66 FR 3735
(Jan. 16, 2001)).
---------------------------------------------------------------------------

    If the board's counsel has represented the fund's investment
adviser, principal underwriter, administrator (collectively,
``management organizations'') or their ``control persons'' \6\ during
the past two years, rule 0-1 requires that the board's independent
directors make a determination about the adequacy of the counsel's
independence. A majority of the board's independent directors are
required to reasonably determine, in the exercise of their judgment,
that the counsel's prior or current representation of the management
organizations or their control persons was sufficiently limited to
conclude that it is unlikely to adversely affect the counsel's
professional judgment and legal representation. Rule 0-1 also requires
that a record for the basis of this determination is made in the
minutes of the directors' meeting. In addition, the independent
directors must have obtained an undertaking from the counsel to provide
them with the information necessary to make their determination and to
update promptly that information when the person begins to represent a
management organization or control person, or when he or she materially
increases his or her representation. Generally, the independent
directors must re-evaluate their determination no less frequently than
annually.
---------------------------------------------------------------------------

    \6\ A ``control person'' is any person--other than a fund--
directly or indirectly controlling, controlled by, or under common
control, with any of the fund's management organizations. See 17 CFR
270.01(a)(6)(iv)(B).
---------------------------------------------------------------------------

    Any fund that relies on one of the exemptive rules must comply with
the requirements in the definition of ``independent legal counsel''
under rule 0-1. We assume that approximately 3751 funds rely on at
least one of the exemptive rules annually.\7\ We further assume that
the independent directors of approximately one-third (1250) of those
funds would need to make the required determination in order for their
counsel to meet the definition of independent legal counsel.\8\ We
estimate that each of these 1250 funds would be required to spend, on
average, 0.75 hours annually to comply with the recordkeeping
requirement associated with this determination, for a total annual
burden of approximately 938 hours. Based on this estimate, the total
annual cost for all funds' compliance with this rule is approximately
$196,907. To calculate this total annual cost, the Commission staff
assumed that approximately two-thirds of the total annual hour burden
(625 hours) would be incurred by a compliance manager with an average
hourly wage rate of $283 per hour,\9\ and one-third of the annual hour
burden (313 hours) would be incurred by compliance clerk with an
average hourly wage rate of $64 per hour.\10\
---------------------------------------------------------------------------

    \7\ Based on statistics compiled by Commission staff, we
estimate that there are approximately 4168 funds that could rely on
one or more of the exemptive rules. Of those funds, we assume that
approximately 90 percent (3751) actually rely on at least one
exemptive rules annually.
    \8\ We assume that the independent directors of the remaining
two-thirds of those funds will choose not to have counsel, or will
rely on counsel who has not recently represented the fund's
management organizations or control persons. In both circumstances,
it would not be necessary for the fund's independent directors to
make a determination about their counsel's independence.
    \9\ The estimated hourly wages used in this PRA analysis were
derived from reports prepared by the Securities Industry and
Financial Markets Association. See Securities Industry and Financial
Markets Association, Report on Management and Professional Earnings
in the Securities Industry--2013 (2013), modified to account for an
1800-hour work year and multiplied by 5.35 to account for bonuses,
firm size, employee benefits and overhead; and Securities Industry
and Financial Markets Association, Office Salaries in the Securities
Industry--2013 (2013), modified to account for an 1800-hour work
year and multiplied by 2.93 to account for bonuses, firm size,
employee benefits and overhead.
    \10\ (625 x $283/hour) + (313 x $64/hour) = $196,907.
---------------------------------------------------------------------------

    These burden hour estimates are based upon the Commission staff's
experience and discussions with the fund industry. The estimates of
average burden hours are made solely for the purposes of the Paperwork
Reduction Act. These estimates are not derived from a comprehensive or
even a representative survey or study of the costs of Commission rules.
    Written comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burdens
of the collection of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burdens 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 Thomas Bayer, 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: June 4, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-13460 Filed 6-9-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Notices]
[Pages 64517-64518]
[FR Doc No: 2023-20204]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2023-0055]

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System

    Under part 235 of title 49 Code of Federal Regulations (CFR) and 49
U.S.C. 20502(a), this document provides the public notice that by
letters received on July 20, 2023, and September 1, 2023, Union
Railroad, LLC (URR) petitioned the Federal Railroad Administration
(FRA) seeking approval to discontinue or modify a signal system. FRA
assigned the petition Docket Number FRA-2023-0055.
    Specifically, URR requests to discontinue the signal system on
Track #2 Southbound Main between signal 200 at control point (CP) Mon
Junction and signal 262 at CP Bull Run, a distance of 7,633 feet. The
track section is located in Duquesne, Pennsylvania, on the Mon Southern
Division. It is signaled for bidirectional operation and

only moves freight in switching and terminal operations at a maximum
speed of 20 miles per hour. To maintain operations during a project to
begin in June 2024, URR requests to downgrade the track section to non-
signaled storage track. In its petition, URR notes that ``safety of
operations will not be affected'' by the changes.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    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 and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications received by November 20, 2023 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). Under 5 U.S.C. 553(c), the U.S.
Department of Transportation (DOT) solicits comments from the public to
better inform its processes. 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 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-20204 Filed 9-18-23; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Proposed Rules]
[Pages 43124-43126]
[FR Doc No: 2016-15403]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-6985; Airspace Docket No. 16-AGL-16]

Proposed Amendment of Class E Airspace for the Following Illinois
Towns; Carmi, IL; De Kalb, IL; Harrisburg, IL; Kewanee, IL; Litchfield,
IL; Paris, IL; and Taylorville, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify Class E airspace extending
upward from 700 feet above the surface at Carmi Municipal Airport,
Carmi, IL; De Kalb Taylor Municipal Airport, De Kalb, IL; Harrisburg-
Raleigh Airport, Harrisburg, IL; Kewanne Municipal Airport, Kewanne,
IL; Litchfield Municipal Airport, Litchfield, IL; Edgar County Airport,
Paris, IL; and Taylorville Municipal Airport, Taylorville, IL.
Decommissioning of non-directional radio beacons (NDB), cancellation of
NDB approaches, and implementation of area navigation (RNAV) procedures
have made this action necessary for the safety and management of
Instrument Flight Rules (IFR) operations at the above airports. This
action would also update the geographic coordinates of Carmi Municipal
Airport, De Kalb Taylor Municipal Airport, Harrisburg-Raleigh Airport,
Litchfield Municipal Airport, Edgar County Airport, and Taylorville
Municipal Airport to coincide with the FAAs aeronautical database.

DATES: Comments must be received on or before August 15, 2016.

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 1-800-647-5527. You must identify FAA Docket No.
FAA-2016-6985; Airspace Docket No. 16-AGL-16, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5527) is on the ground floor of the building at the above address.
    FAA Order 7400.9Z, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<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 7400.9Z at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

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 Class E airspace at Carmi Municipal Airport, Carmi,
IL; De Kalb Taylor Municipal Airport, De Kalb, IL; Harrisburg-Raleigh
Airport, Harrisburg, IL; Kewanne Municipal Airport, Kewanne, IL;
Litchfield Municipal Airport, Litchfield, IL; Edgar County Airport,
Paris, IL; and Taylorville Municipal Airport, Taylorville, IL.

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-2016-6985/
Airspace Docket No. 16-AGL-16.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document, as well as recently published
rulemaking documents, may be downloaded 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 (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 Proposed for Incorporation by
Reference

    This document would amend FAA Order 7400.9Z, Airspace Designations
and Reporting Points, dated August 6, 2015, and effective September 15,
2015. FAA Order 7400.9Z is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.9Z 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 modifying Class E airspace extending
upward from 700 feet above the surface at the following airports:
    Within a 6.4-mile radius of Carmi Municipal Airport, Carmi, IL, and
updating the geographic coordinates of this airport to coincide with
the FAAs aeronautical database; Within a 6.8-mile radius of De Kalb
Taylor Municipal Airport, De Kalb, IL, and updating the geographic
coordinates of this airport to coincide with the FAAs aeronautical
database; Within a 6.5-mile radius of Harrisburg-Raleigh Airport,
Harrisburg, IL, and updating the geographic coordinates of this airport
to coincide with the FAAs aeronautical database; Within a 6.5-mile
radius of Kewanne Municipal Airport, Kewanne, IL; Within a 6.7-mile
radius of Litchfield Municipal Airport, Litchfield, IL, and updating
the geographic coordinates of this airport to coincide with the FAAs
aeronautical database; Within a 6.4-mile radius of Edgar County
Airport, Paris, IL, and updating the geographic

coordinates of this airport to coincide with the FAAs aeronautical
database; and Within a 6.5-mile radius of Taylorville Municipal
Airport, Taylorville, IL, and updating the geographic coordinates of
this airport to coincide with the FAAs aeronautical database. These
airspace reconfigurations are necessary due to the decommissioning of
NDBs, cancellation of NDB approaches, and implementation of RNAV
standard instrument approach procedures at the above airports.
Controlled airspace is necessary for the safety and management of IFR
operations at these airports.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9Z, dated August 6, 2015, and effective September 15,
2015, 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.

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 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:

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

* * * * *

AGL IL E5 Carmi, IL [Amended]

Carmi Municipal Airport, IL
(Lat. 38[deg]05'22'' N., long. 88[deg]07'23'' W.)
    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Carmi Municipal Airport.
* * * * *

AGL IL E5 De Kalb, IL [Amended]

De Kalb Taylor Municipal Airport, IL
(Lat. 41[deg]56'02'' N., long. 88[deg]42'20'' W.)
    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of the De Kalb Taylor Municipal Airport,
excluding that airspace which overlies the Chicago, IL, Class E
airspace area.
* * * * *

AGL IL E5 Harrisburg, IL [Amended]

Harrisburg-Raleigh Airport, IL
(Lat. 37[deg]48'41'' N., long. 88[deg]33'016'' W.)
    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Harrisburg-Raleigh Airport.
* * * * *

AGL IL E5 Kewanee, IL [Amended]

Kewanee Municipal Airport, IL
(Lat. 41[deg]12'19'' N., long. 89[deg]57'50'' W.)
    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Kewanee Airport.
* * * * *

AGL IL E5 Litchfield, IL [Amended]

Litchfield Municipal Airport, IL
(Lat. 39[deg]09'45'' N., long. 89[deg]40'29'' W.)
    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of the Litchfield Municipal Airport.
* * * * *

AGL IL E5 Paris, IL [Amended]

Paris, Edgar County Airport, IL
(Lat. 39[deg]41'59'' N., long. 87[deg]40'15'' W.)
    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Edgar County Airport.
* * * * *

AGL IL E5 Taylorville, IL [Amended]

Taylorville Municipal Airport, IL
(Lat. 39[deg]31'57'' N., long. 89[deg]19'51'' W.)
    That airspace extending from 700 feet above the surface within a
6.5-mile radius of the Taylorville Municipal Airport.

    Issued in Fort Worth, Texas, on June 22, 2016.
Walter Tweedy,
Acting Manager, Operations Support Group, Central Service Center.
[FR Doc. 2016-15403 Filed 6-30-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 26, 2010 (Volume 75, Number 58)]
[Notices]
[Page 14644-14646]
[DOCID:fr26mr10-105]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61748; File No. SR-NYSEArca-2010-15]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Amending Its Schedule of Fees and Charges for
Exchange Services

March 19, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on March 5, 2010, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the applicable sections of its
Schedules of Fees and Charges for Exchange Services for both its
equities and options platforms (the ``Schedules'') to reflect fees
charged for co-locations services, as described more fully herein. A
copy of this filing is available on the Exchange's Web site at http://
www.nyse.com, on the

Commission's Web site at http://www.sec.gov, at the Exchange's
principal office and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Schedules in order to identify
fees pertaining to co-location services. A more detailed description of
the proposed changes follows.
Co-Location Services
    Currently, the Exchange offers its Users \3\ the opportunity to
rent space on premises controlled by the Exchange in order that they
may locate their electronic servers in close physical proximity to the
Exchange's trading and execution systems. The Exchange hereby proposes
to amend its Schedules to set forth its current co-location fees.
---------------------------------------------------------------------------

    \3\ See NYSE Arca Equities Rule 1.1(yy). The term ``User'' shall
mean any ETP Holder or Sponsored Participant who is authorized to
obtain access to the NYSE Arca Marketplace pursuant to Rule 7.29.
See also, NYSE Arca Rule 6.1A(a)(19). The term ``User'' shall mean
any OTP Holder, OTP Firm or Sponsored Participant that is authorized
to obtain access to the NYSE Arca Options Marketplace pursuant to
Rule 6.2A.
---------------------------------------------------------------------------

Current Space and Services
    The Exchange currently offers co-location services at a data center
operated by a private third party vendor located in New Jersey. The
Exchange offers space at the data center ranging from half cabinets up
to two full cabinets, with different power usage capabilities ranging
from 2 kilowatts up to 8 kilowatts. The services provided include
equipment installation, cross connections, and miscellaneous post-
installation services (including cable installation, equipment racking
and ``remote-hands'' maintenance). The fees assessed for the services
and space generally reflect the amount of space used and power
required.
    Users that receive co-location services from the Exchange do not
receive any means of access to the Exchange's trading and execution
systems that is separate or superior than Users that do not receive co-
location services. All orders sent to the Exchange enter the Exchange's
trading and execution systems through same order gateway regardless of
whether the sender is co-located in the Exchange's data center or not.
In addition, co-located Users do not receive any market data or data
service product that is not available to all Users.
    However, Users that receive co-location services normally would
expect reduced latencies in sending orders to the Exchange and
receiving market data from the Exchange. Other than the reduced
latencies, the Exchange believes that there are no material differences
in terms of access to the Exchange between Users that choose to co-
locate and those that do not.
    The Exchange offers co-location space based on availability and the
Exchange believes that it has sufficient space to accommodate current
demand on an equitable basis. In addition, the Exchange believes that
any difference among the positions of the cabinets within the data
center does not create any material difference to co-location Users in
terms of access to the Exchange.
Co-Location Fees
    The following chart identifies the proposed co-location fees,
which, in part, reflect power usage priced at $1000 per kilowatt
(``kW'') per month.

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

------------------------------------------------------------------------
Half cabinet (up to 2 kW)....................  $2000 per month.
                                               $2500 one time
                                                installation fee.
Full cabinet (up to 2.5 kW)..................  $2500 per month.
                                               $5000 one time
                                                installation fee.
Full cabinet (up to 4 kW)....................  $4000 per month.
                                               $5000 one time
                                                installation fee.
Full cabinet (up to 8 kW)....................  $8000 per month.
                                               $5000 one time
                                                installation fee.
Miscellaneous services post installation       $200 per hour.
 (including cable installation services,
 equipment racking services, and ongoing
 remote-hands maintenance).
Fiber cross connections (local and             $600 per month.
 interfloor).                                  $950 one time
                                                installation fee.
Less than half cabinet \4\...................  $150 per Rack Unit.
------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(the ``Act''),\5\ in general, and Sections 6(b)(4) and 6(b)(5), of the
Act,\6\ in particular, in that it is designed to (i) provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and other persons using its facilities, and (ii) prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system. The Exchange believes that the
proposed changes to its Schedules are equitable in that they apply fees
for comparable co-location services uniformly to our Users. Moreover,
the Exchange believes that, as described herein, access to its market
is offered on fair and non-discriminatory terms.
---------------------------------------------------------------------------

    \4\ The Exchange supports existing arrangements to provide Users
with less than a half cabinet, but it does not offer that option to
new co-location Users.
    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) and 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2010-15 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2010-15. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2010-15 and should be submitted on or before April 16, 2010.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-6676 Filed 3-25-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 15, 2009 (Volume 74, Number 177)]
[Notices]
[Page 47236]
[DOCID:fr15se09-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13533-000]

Lock + TM Hydro Friends Fund XXVII, LLC; Notice of Preliminary
Permit Application Accepted for Filing and Soliciting Comments, Motions
To Intervene, and Competing Applications

September 4, 2009.
    On July 6, 2009, Lock + TM Hydro Friends Fund XXVII, LLC, filed an
application, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Redd Foxx Hydroelectric
Project, to be located on the Fox River, in Winnebago County,
Wisconsin.
    The proposed Redd Foxx Project would be located at the U.S. Army
Corps of Engineers Fox River Menasha Locks Dam near Menasha, Wisconsin.
    The proposed project would consist of: (1) One new underwater frame
module containing nine turbines with a total installed capacity of
about 4.73 megawatts which would be installed east of the dam in a
conduit located adjacent to the Corps' active lock; (2) a new removable
lock door; (3) a new switchyard, transformer, and control room; (4) a
new 1000-foot-long, 36.7 kilovolt transmission line, which would
deliver power from the turbines to an existing transformer tie-in bus
located at the Corps' lock and dam facilities; and (5) appurtenant
facilities. The Redd Foxx Project would have an estimated average
annual generation of about 37,278 megawatts-hours, which would be sold
to a local utility.
    Applicant Contact: Mr. Wayne F. Krouse, Chairman & CEO, Hydro Green
Energy, LLC and Managing Partner, Lock+ Hydro Friends Fund XXVII, 5090
Richmond Avenue 390, Houston, TX 77056,<PHONE_NUMBER> x709,
<EMAIL_ADDRESS>    FERC Contact: John Ramer,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13533) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-22095 Filed 9-14-09; 8:45 am]

BILLING CODE 6717-01-P