[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Notices]
[Page 68686]
[FR Doc No: 2022-24935]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-1776-004; ER10-2824-004; ER10-2825-005; ER10-
2957-005; ER10-2995-005; ER10-2996-004; ER10-2999-004; ER10-3000-004;
ER10-3009-006; ER10-3013-005; ER10-3029-004; ER16-1250-014; ER19-2360-
003; ER21-2272-002; ER21-2748-002; ER21-2847-002; ER22-2173-001; ER22-
2174-001.
    Applicants: Daybreak Solar, LLC, Bakeoven Solar, LLC, Montague
Solar, LLC, Lund Hill Solar, LLC, Bracewell LLP, Golden Hills Wind
Farm, LLC, Montague Wind Power Facility, LLC, Avangrid Renewables, LLC,
Klondike Wind Power III LLC, Star Point Wind Project LLC, Pebble
Springs Wind LLC, Klondike Wind Power II LLC, Klondike Wind Power LLC,
Klamath Energy LLC, Juniper Canyon Wind Power LLC, Hay Canyon Wind LLC,
Big Horn II Wind Project LLC, Big Horn Wind Project LLC, Leaning
Juniper Wind Power II LLC.
    Description: Notice of Change in Status of Leaning Juniper Wind
Power II LLC, et al.
    Filed Date: 11/8/22.
    Accession Number: 20221108-5166.
    Comment Date: 5 p.m. ET 11/29/22.

    Docket Numbers: ER22-2643-000.
    Applicants: Three Corners Solar, LLC.
    Description: Refund Report: Refund Report to be effective N/A.
    Filed Date: 11/9/22.
    Accession Number: 20221109-5043.
    Comment Date: 5 p.m. ET 11/30/22.

    Docket Numbers: ER22-2914-000; ER22-2916-000.
    Applicants: Mesquite Solar 5, LLC, Mesquite Solar 4, LLC.
    Description: Supplement to September 22, 2022, Mesquite Solar 4,
LLC, et al., tariff filing.
    Filed Date: 11/4/22.
    Accession Number: 20221104-5153.
    Comment Date: 5 p.m. ET 11/14/22.

    Docket Numbers: ER23-394-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Tariff Amendment: Termination of AltaGas San Joaquin
Energy GSFA and GIA--Henrietta (TO SA 46) to be effective 1/9/2023.
    Filed Date: 11/9/22.
    Accession Number: 20221109-5000.
    Comment Date: 5 p.m. ET 11/30/22.

    Docket Numbers: ER23-395-000.
    Applicants: Lightsource Renewable Energy Development, LLC.
    Description: Petition for Limited Tariff Waiver and Request for
Shortened Comment Period and Expedited Commission Approval of
Lightsource Renewable Energy Development, LLC.
    Filed Date: 11/8/22.
    Accession Number: 20221108-5163.
    Comment Date: 5 p.m. ET 11/18/22.

    Docket Numbers: ER23-396-000.
    Applicants: New England Power Company.
    Description: Sec.  205(d) Rate Filing: 2022-11-09 Filing of Cost
Reimbursement Agreement with Holden Muni. Light Dept. to be effective
10/10/2022.
    Filed Date: 11/9/22.
    Accession Number: 20221109-5051.
    Comment Date: 5 p.m. ET 11/30/22.

    Docket Numbers: ER23-397-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA and ICSA,
SA Nos. 5564 and 5565; Queue No. AA2-161 (amend) to be effective 1/16/
2020.
    Filed Date: 11/9/22.
    Accession Number: 20221109-5059.
    Comment Date: 5 p.m. ET 11/30/22.

    Docket Numbers: ER23-398-000.
    Applicants: Cove Mountain Solar, LLC.
    Description: Tariff Amendment: Cancellation of Rate Schedule Tariff
to be effective 11/10/2022.
    Filed Date: 11/9/22.
    Accession Number: 20221109-5070.
    Comment Date: 5 p.m. ET 11/30/22.

    Docket Numbers: ER23-399-000.
    Applicants: Cove Mountain Solar 2, LLC.
    Description: Tariff Amendment: Cancellation of Rate Schedule Tariff
to be effective 11/10/2022.
    Filed Date: 11/9/22.
    Accession Number: 20221109-5071.
    Comment Date: 5 p.m. ET 11/30/22.

    Docket Numbers: ER23-400-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Certificate of Concurrence
for PacifiCorp Transmission Interconnection Agreement to be effective
1/7/2023.
    Filed Date: 11/9/22.
    Accession Number: 20221109-5077.
    Comment Date: 5 p.m. ET 11/30/22.

    Docket Numbers: ER23-401-000.
    Applicants: CED Timberland Solar, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization and Request for Waivers to be effective 1/9/2023.
    Filed Date: 11/9/22.
    Accession Number: 20221109-5083.
    Comment Date: 5 p.m. ET 11/30/22.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES23-6-000.
    Applicants: Mountrail-Williams Electric Cooperative.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Mountrail-Williams Electric
Cooperative.
    Filed Date: 11/9/22.
    Accession Number: 20221109-5049.
    Comment Date: 5 p.m. ET 11/30/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 9, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-24935 Filed 11-15-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Notices]
[Pages 9060-9063]
[FR Doc No: 2013-02793]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0001]

Request for Nominations for Voting Members on Public Advisory
Panels or Committees

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is requesting
nominations for voting members to serve on the Device Good
Manufacturing Practice Advisory Committee, certain device panels of the
Medical Devices Advisory Committee, the National Mammography Quality
Assurance Advisory Committee, and the Technical Electronic Products
Radiation Safety Standards Committee in the Center for Devices and
Radiological Health. Nominations will be accepted for current vacancies
and those that will or may occur through December 31, 2013.
    FDA seeks to include the views of women and men, members of all
racial and ethnic groups, and individuals with and without disabilities
on its advisory committees, and therefore encourages nominations of
appropriately qualified candidates from these groups.

DATES: Because scheduled vacancies occur on various dates throughout
each year, no cutoff date is established for the receipt of
nominations. However, when possible, nominations should be received at
least 6 months before the date of scheduled vacancies for each year, as
indicated in this notice.

ADDRESSES: All nominations for membership should be sent electronically
to<EMAIL_ADDRESS>or by mail to Advisory Committee Oversight &
Management Staff, 10903 New Hampshire Ave., Bldg. 32, rm. 5103, Silver
Spring, MD 20993-0002. Information about becoming a member on a FDA
advisory committee can also be obtained by visiting FDA's Web site at
http://www.fda.gov/AdvisoryCommittees/default.htm.

FOR FURTHER INFORMATION CONTACT: For specific Committee/Panel
questions, contact the following persons listed in table 1 of this
document.

                                 Table 1
------------------------------------------------------------------------
                                         Committee/certain device panels
             Contact person              of the medical devices advisory
                                                    committee
------------------------------------------------------------------------
LCDR Sara Anderson, Center for Devices   National Mammography Quality
 and Radiological Health, Food and Drug   Assurance Advisory Committee.
 Administration, 10903 New Hampshire     Dental Products Panel.
 Ave., Bldg. 66, rm. 1544, Silver        Hematology and Pathology
 Spring, MD 20993,<PHONE_NUMBER>, email:   Devices Panel.
<EMAIL_ADDRESS>             Orthopaedic and Rehabilitation
                                          Devices Panel.
Shanika Craig, Center for Devices and    Technical Electronic Product
 Radiological Health, Food and Drug       Radiation Safety Standards
 Administration, 10903 New Hampshire      Committee.
 Ave., Bldg. 66, rm. 1613, Silver        Anesthesiology and Respiratory
 Spring, MD 20993,<PHONE_NUMBER>, email:   Therapy Devices Panel.
<EMAIL_ADDRESS>             Gastroenterology and Urology
                                          Devices Panel.
                                         Microbiology Devices Panel.
                                         Obstetrics and Gynecology
                                          Devices Panel.
                                         Radiological Devices Panel.
Natasha Facey, Center for Devices and    Device Good Manufacturing
 Radiological Health, Food and Drug       Practice Advisory Committee.
 Administration, 10903 New Hampshire     General Hospital and Personal
 Ave., Bldg. 66, rm. 1544, Silver         Use Devices Panel.
 Spring, MD 20993,<PHONE_NUMBER>, email:  Immunology Devices Panel.
<EMAIL_ADDRESS>             Ophthalmic Devices Panel.
                                         Neurological Devices Panel.

Pamela D. Scott, Center for Devices and  Medical Devices Dispute
 Radiological Health, Food and Drug       Resolution Panel.
 Administration, 10903 New Hampshire
 Ave., Bldg. 66, rm. 5406, Silver
 Spring, MD 20993,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>Jamie Waterhouse, Center for Devices     Circulatory System Devices
 and Radiological Health, Food and Drug   Panel.
 Administration, 10903 New Hampshire     Ear, Nose and Throat Devices
 Ave., Bldg. 66, rm. 1544, Silver         Panel.
 Spring, MD 20993,<PHONE_NUMBER>, email:  General and Plastic Surgery
<EMAIL_ADDRESS>           Devices Panel.
                                         Molecular and Clinical Genetics
                                          Devices Panel.
------------------------------------------------------------------------

SUPPLEMENTARY INFORMATION:

I. Vacancies

    FDA is requesting nominations of voting members for vacancies
listed as follows:

                                 Table 2
------------------------------------------------------------------------
                                Current and
  Committee/panel expertise      upcoming       Approximate date needed
           needed                vacancies
------------------------------------------------------------------------
Anesthesiology and                         3  December 1, 2013.
 Respiratory Therapy Devices
 Panel of the Medical
 Devices Advisory Committee--
 Anesthesiologists,
 pulmonary medicine
 specialists, or other
 experts who have
 specialized interests in
 ventilator support,
 pharmacology, physiology,
 or the effects and
 complications of anesthesia.
Circulatory System Devices                 1  July 1, 2013.
 Panel of the Medical
 Devices Advisory Committee--
 Interventional
 cardiologists,
 electrophysiologists,
 invasive (vascular)
 radiologists, vascular and
 cardiothoracic surgeons,
 and cardiologists with
 special interest in
 congestive heart failure.
Dental Products Panel of the               3  November 1, 2013.
 Medical Devices Advisory
 Committee--Dentists,
 engineers and scientists
 who have expertise in the
 areas of dental implants,
 dental materials,
 periodontology, tissue
 engineering, and dental
 anatomy.
Ear, Nose and Throat Devices               3  November 1, 2013.
 Panel of the Medical
 Devices Advisory Committee--
 Otologists, neurotologists,
 audiologists.
Gastroenterology and Urology               3  Immediately.
 Devices Panel of the                      2  January 1, 2014.
 Medical Devices Advisory
 Committee--Transplant
 specialists,
 gastroenterologists,
 urologists and
 nephrologists.
General and Plastic Surgery                2  September 1, 2013.
 Devices Panel of the
 Medical Devices Advisory
 Committee--Surgeons
 (general, plastic,
 reconstructive, pediatric,
 thoracic, abdominal, pelvic
 and endoscopic);
 dermatologists; experts in
 biomaterials, lasers, wound
 healing, and quality of
 life; and biostatisticians.
General Hospital and                       1  Immediately.
 Personal Use Devices Panel                3  January 1, 2014.
 of the Medical Devices
 Advisory Committee--
 Internists, pediatricians,
 neonatologists,
 endocrinologists,
 gerontologists, nurses,
 biomedical engineers or
 microbiologists/infection
 control practitioners or
 experts.
Hematology and Pathology of                4  March 1, 2013.
 the Medical Devices
 Advisory Committee--
 Hematologists (benign and/
 or malignant hematology),
 hematopathologists (general
 and special hematology,
 coagulation and
 homeostasis, and
 hematological oncology),
 gynecologists with special
 interests in gynecological
 oncology, cytopathologists,
 and molecular pathologists
 with special interests in
 development of predictive
 and prognostic biomarkers.
Immunology Devices Panel of                1  Immediately.
 the Medical Devices                       1  March 1, 2013.
 Advisory Committee--Persons
 with experience in medical,
 surgical, or clinical
 oncology, internal
 medicine, clinical
 immunology, allergy,
 molecular diagnostics, or
 clinical laboratory
 medicine.
Medical Devices Dispute                    1  October 1, 2013.
 Resolution Panel of the
 Medical Devices Advisory
 Committee--Experts with
 broad, cross-cutting
 scientific, engineering,
 clinical, analytical or
 mediation skills who are
 familiar with the materials
 and/or operating mechanisms
 related to addressing
 complex or contested
 scientific issues.
Microbiology Devices Panel                 1  Immediately.
 of the Medical Devices                    3  March 1, 2013.
 Advisory Committee--
 Infectious disease
 clinicians, e.g., pulmonary
 disease specialists,
 sexually transmitted
 disease specialists,
 pediatric infectious
 disease specialists,
 experts in tropical
 medicine and emerging
 infectious diseases,
 biofilm development;
 mycologists; clinical
 microbiologists and
 virologists; clinical
 virology and microbiology
 laboratory directors, with
 expertise in clinical
 diagnosis and in vitro
 diagnostic assays, e.g.,
 hepatologists; molecular
 biologists.
Molecular and Clinical                     2  June 1, 2013.
 Genetics Devices Panel of
 the Medical Devices
 Advisory Committee--Experts
 in human genetics and in
 the clinical management of
 patients with genetic
 disorders, e.g.,
 pediatricians,
 obstetricians,
 neonatologists. Individuals
 with training in inborn
 errors of metabolism,
 biochemical and/or
 molecular genetics,
 population genetics,
 epidemiology and related
 statistical training, and
 clinical molecular genetics
 testing (e.g., genotyping,
 array CGH, etc.)
 Individuals with experience
 in genetics counseling,
 medical ethics are also
 desired, and individuals
 with experience in
 ancillary fields of study
 will be considered.
Neurological Devices Panel                 1  December 1, 2013.
 of the Medical Devices
 Advisory Committee--
 Neurosurgeons
 (cerebrovascular and
 pediatric), neurologists
 (stroke, pediatric, pain
 management, and movement
 disorders), interventional
 neuroradiologists,
 psychiatrists, and
 biostatisticians.

Obstetrics and Gynecology                  2  February 1, 2013.
 Devices Panel of the
 Medical Devices Advisory
 Committee--Experts in
 perinatology, embryology,
 reproductive endocrinology,
 pediatric gynecology,
 gynecological oncology,
 operative hysteroscopy,
 pelviscopy, electrosurgery,
 laser surgery, assisted
 reproductive technologies,
 contraception,
 postoperative adhesions,
 and cervical cancer and
 colposcopy;
 biostatisticians and
 engineers with experience
 in obstetrics/gynecology
 devices; urogynecologists;
 experts in breast care;
 experts in gynecology in
 the older patient; experts
 in diagnostic (optical)
 spectroscopy; experts in
 midwifery; labor and
 delivery nursing.
Ophthalmic Devices Panel of                2  November 1, 2013.
 the Medical Devices
 Advisory Committee--
 Ophthalmologists
 specializing in cataract
 and refractive surgery and
 vitreo-retinal surgery, in
 addition to vision
 scientists, optometrists,
 and biostatisticians
 practiced in ophthalmic
 clinical trials.
Orthopaedic and                            3  September 1, 2013.
 Rehabilitation Devices
 Panel of the Medical
 Devices Advisory Committee--
 Orthopedic surgeons (joint,
 spine, trauma, and
 pediatric);
 rheumatologists; engineers
 (biomedical, biomaterials,
 and biomechanical); experts
 in rehabilitation medicine,
 sports medicine, and
 connective tissue
 engineering; and
 biostatisticians.
Radiological Devices Panel                 2  February 1, 2013.
 of the Medical Devices
 Advisory--Physicians with
 experience in general
 radiology, mammography,
 ultrasound, magnetic
 resonance, computed
 tomography, other
 radiological subspecialties
 and radiation oncology;
 scientists with experience
 in diagnostic devices,
 radiation physics,
 statistical analysis,
 digital imaging and image
 analysis.
Device Good Manufacturing                  2  June 1, 2013.
 Practice Advisory
 Committee--Vacancies
 include a public
 representative and a
 government representative.
National Mammography Quality               1  February 1, 2013.
 Assurance Advisory
 Committee--Physicians,
 practitioners, or other
 health professionals whose
 clinical practice, research
 specialization, or
 professional expertise
 include a significant focus
 on mammography.
Technical Electronic Product               2  January 1, 2014.
 Radiation Safety Standards
 Advisory Committee--
 Vacancies include general
 public representative and a
 government representative.
------------------------------------------------------------------------

II. Functions

A. Medical Devices Advisory Committee

    The committee reviews and evaluates data on the safety and
effectiveness of marketed and investigational devices and makes
recommendations for their regulation. The panels engage in a number of
activities to fulfill the functions of what the Federal Food, Drug, and
Cosmetic Act (the FD&C Act) envisions for device advisory panels. With
the exception of the Medical Devices Dispute Resolution Panel, each
panel, according to its specialty area performs the following duties:
(1) Advises the Commissioner of Food and Drugs (the Commissioner)
regarding recommended classification or reclassification of devices
into one of three regulatory categories, (2) advises on any possible
risks to health associated with the use of devices, (3) advises on
formulation of product development protocols, (4) reviews premarket
approval applications for medical devices, (5) reviews guidelines and
guidance documents, (6) recommends exemption of certain devices from
the application of portions of the FD&C Act, (7) advises on the
necessity to ban a device, and (8) responds to requests from the Agency
to review and make recommendations on specific issues or problems
concerning the safety and effectiveness of devices. With the exception
of the Medical Devices Dispute Resolution Panel, each panel, according
to its specialty area, may also make appropriate recommendations to the
Commissioner on issues relating to the design of clinical studies
regarding the safety and effectiveness of marketed and investigational
devices.
    The Dental Products Panel also functions at times as a dental drug
panel. The functions of the dental drug panel are to evaluate and
recommend whether various prescription drug products should be changed
to over-the-counter status and to evaluate data and make
recommendations concerning the approval of new dental drug products for
human use.
    The Medical Devices Dispute Resolution Panel provides advice to the
Commissioner on complex or contested scientific issues between FDA and
medical device sponsors, applicants, or manufacturers relating to
specific products, marketing applications, regulatory decisions and
actions by FDA, and Agency guidance and policies. The panel makes
recommendations on issues that are lacking resolution, are highly
complex in nature, or result from challenges to regular advisory panel
proceedings or Agency decisions or actions.

B. National Mammography Quality Assurance Advisory Committee

    The functions of the committee are to advise FDA on the following
topics: (1) Developing appropriate quality standards and regulations
for mammography facilities; (2) developing appropriate standards and
regulations for bodies accrediting mammography facilities under this
program; (3) developing regulations with respect to sanctions; (4)
developing procedures for monitoring compliance with standards; (5)
establishing a mechanism to investigate consumer complaints; (6)
reporting new developments concerning breast imaging that should be
considered in the oversight of mammography facilities; (7) determining
whether there exists a shortage of mammography facilities in rural and
health professional shortage areas and determining the effects of
personnel on access to the services of such facilities in such areas;
(8) determining whether there will exist a sufficient number of medical
physicists after October 1, 1999; and (9) determining the costs and
benefits of compliance with these requirements.

C. Device Good Manufacturing Practice Advisory Committee

    The functions of the committee are to review proposed regulations
issuance regarding good manufacturing practices governing the methods
used in, and the facilities and controls used for, manufacture,
packaging, storage, installation, and servicing of devices, and to make
recommendations regarding the feasibility and reasonableness of those
proposed

regulations. The committee also reviews and makes recommendations on
proposed guidelines developed to assist the medical device industry in
meeting the good manufacturing practice requirements, and provides
advice with regard to any petition submitted by a manufacturer for an
exemption or variance from good manufacturing practice regulations.
    Section 520 of the FD&C Act, (21 U.S.C. 360j), as amended, provides
that the Device Good Manufacturing Practice Advisory Committee shall be
composed of nine members as follows: (1) Three of the members shall be
appointed from persons who are officers or employees of any Federal,
State, or local government; (2) two shall be representatives of the
interests of the device manufacturing industry; (3) two shall be
representatives of the interests of physicians and other health
professionals; and (4) two shall be representatives of the interests of
the general public.

D. Technical Electronic Product Radiation Safety Standards Committee

    The function of the committee is to provide advice and consultation
on the technical feasibility, reasonableness, and practicability of
performance standards for electronic products to control the emission
of radiation from such products. The committee may recommend electronic
product radiation safety standards for consideration.
    Section 534(f) of the FD&C Act (21 U.S.C. 360kk(f)), as amended by
the Safe Medical Devices Act of 1990, provides that the Technical
Electronic Product Radiation Safety Standards Committee include five
members from governmental Agencies, including State or Federal
Governments; five members from the affected industries; and five
members from the general public, of which at least one shall be a
representative of organized labor.

III. Qualifications

A. Panels of the Medical Devices Advisory Committee

    Persons nominated for membership on the panels should have
adequately diversified experience appropriate to the work of the panel
in such fields as clinical and administrative medicine, engineering,
biological and physical sciences, statistics, and other related
professions. The nature of specialized training and experience
necessary to qualify the nominee as an expert suitable for appointment
may include experience in medical practice, teaching, and/or research
relevant to the field of activity of the panel. The particular needs at
this time for each panel are listed in section I of this document. The
term of office is up to 4 years, depending on the appointment date.

B. National Mammography Quality Assurance Advisory Committee

    Persons nominated for membership should be physicians,
practitioners, and other health professionals, whose clinical practice,
research specialization, or professional expertise include a
significant focus on mammography and individuals identified with
consumer interests. Prior experience on Federal public advisory
committees in the same or similar subject areas will also be considered
relevant professional expertise.
    The particular needs at this time for this committee are listed in
section I of this document. The term of office is up to 4 years,
depending on the appointment date.

C. Device Good Manufacturing Practice Advisory Committee

    Persons nominated for membership as a health professional or
officer or employee of any Federal, State, or local government should
have knowledge of or expertise in any one or more of the following
areas: Quality assurance concerning the design, manufacture, and use of
medical devices. To be eligible for selection as a representative of
the general public, nominees should possess appropriate qualifications
to understand and contribute to the committee's work. The particular
needs at this time for this committee are listed in section I of this
document. The term of office is up to 4 years, depending on the
appointment date.

D. Technical Electronic Product Radiation Safety Standards Committee

    Persons nominated should be technically qualified by training and
experience in one or more fields of science or engineering applicable
to electronic product radiation safety. The particular needs at this
time for this committee are listed in section I of this document. The
term of office is up to 4 years, depending on the appointment date.

IV. Nomination Procedures

    Any interested person may nominate one or more qualified persons
for membership on one or more of the advisory panels or advisory
committees. Self-nominations are also accepted. Nominations must
include a current, complete resume or curriculum vitae for each
nominee, and their current business address and/or home address,
telephone number, and email address if available. Nominations must
specify the advisory panel(s) or advisory committee(s) for which the
nominee is recommended. Nominations must also acknowledge that the
nominee is aware of the nomination unless self-nominated. FDA will ask
potential candidates to provide detailed information concerning such
matters related to financial holdings, employment, and research grants
and/or contracts to permit evaluation of possible sources of conflict
of interest.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14 relating to advisory committees.

    Dated: February 1, 2013.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2013-02793 Filed 2-6-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: September 20, 2010 (Volume 75, Number 181)]
[Notices]
[Page 57269]
[DOCID:fr20se10-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[EG10-40-000; EG10-41-000; EG10-42-000; EG10-43-000; EG10-44-000; EG10-
45-000; EG10-46-000; EG10-47-000; EG10-49-000; EG10-50-000]

Notice of Effectiveness of Exempt Wholesale Generator Status

September 13, 2010.

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

------------------------------------------------------------------------
Taloga Wind, LLC..........................  Docket Nos. EG10-40-000
Stephentown Regulation Services, LLC......   EG10-41-000
Longview Power, LLC.......................  EG10-42-000
Alta Wind I, LLC..........................  EG10-43-000
Alta Wind II, LLC.........................  EG10-44-000
Alta Wind III, LLC........................  EG10-45-000
Alta Wind IV, LLC.........................  EG10-46-000
Alta Wind V, LLC..........................  EG10-47-000
Synergics Roth Rock Wind Energy, LLC......  EG10-49-000
Synergics Roth Rock North Wind Energy, LLC   EG10-50-000
------------------------------------------------------------------------

    Take notice that during the month of August 2010, the status of the
above-captioned entities as Exempt Wholesale Generators became
effective by operation of the Commission's regulations. 18 CFR
366.7(a).

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-23362 Filed 9-17-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Notices]
[Pages 15247-15249]
[FR Doc No: 2017-05922]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80286; File No. SR-CBOE-2017-022]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the MDX Fees Schedule

March 21, 2017.
    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 14, 2017, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') 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
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Chicago Board Options Exchange, Incorporated (the ``Exchange'' or
``CBOE'') proposes to amend user fees for the Complex Order Book
(``COB'') Data Feed. The text of the proposed rule change is available
on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to make a number of changes to the Fees
Schedule of the Exchange's affiliate Market Data Express, LLC
(``MDX'').\3\ The purpose of the proposed rule change is to amend user
fees for the Best Bid and Offer (``BBO'') data feed. This data feed is
made available by MDX.
---------------------------------------------------------------------------

    \3\ The Exchange initially filed the proposed fee changes on
March 1, 2017 (SR-CBOE-2017-020). On March 14, 2017, the Exchange
withdrew that filing and submitted this filing.
---------------------------------------------------------------------------

BBO Data Feed
    The BBO Data Feed is a real-time data feed that includes the
following information: (i) Outstanding quotes and standing orders at
the best available price level on each side of the market; (ii)
executed trades time, size, and price; (iii) totals of customer versus
non-customer contracts at the BBO; (iv) all-or-none contingency orders
priced better than or equal to the BBO; (v) expected opening price and
expected opening size; (vi) end-of-day summaries by product, including
open, high, low, and closing price during the trading session; (vi)
recap messages any time there is a change in the open, high, low or
last sale price of a listed option, (vii) Complex Order Book (``COB'')
information; and (viii) product IDs and codes for all listed options
contracts. The quote and last sale data contained in the BBO data feed
is identical to the data sent to the Options Price Reporting Authority
for redistribution to the public.
Background
    The Floor Broker Workstation (``FBW'') is an order management tool
used by CBOE Floor Brokers to handle orders on the trading floor of the
Exchange. Through February 28, 2017, FBW was a third-party facility of
the Exchange. CBOE made the BBO data feed available to Floor Brokers
that used FBW at no cost, apart from the applicable FBW login fees
($450 per login ID). Floor Brokers used the BBO Data Feed via FBW
primarily to comply with customer priority obligations, such as those
outlined in CBOE Rule 6.45 (as mentioned above, the BBO data includes
customer contracts at the BBO). Floor Brokers who receive the BBO data
feed via FBW (as a facility of CBOE) are not considered ``Customers''
of MDX to whom the BBO Data Fee applies (unless the Floor Broker has a
separate market data agreement in place with MDX) and accordingly are
not charged the BBO Data Fee.\4\
---------------------------------------------------------------------------

    \4\ A Customer is any person, company or other entity that,
pursuant to a market data agreement with MDX, is entitled to receive
data, either directly from MDX or through an authorized
redistributor (i.e., a Customer or an extranet service provider),
whether that data is distributed externally or used internally.
Floor Brokers receiving the BBO Data Feed from CBOE via FBW do not
receive the feed via an approved redistributor. The MDX fee schedule
for CBOE data is located at https://www.cboe.org/MDX/CSM/OBOOKMain.aspx.
---------------------------------------------------------------------------

Fees
    Prior to the beginning of trading on March 1, 2017, the Exchange
will no longer offer FBWs to its Trading Permit Holders (``TPHs'') and
will deactivate FBW logins on the trading floor.\5\ As of March 1,
2017, Floor Brokers will need another mechanism through which they may
access the BBO Data Feed. The Exchange proposes to provide a reduced
cost version of the BBO Data Feed if [sic] to Floor Brokers that elect
to receive the feed through a third-party provided device so that they
can meet their customer priority obligations.
---------------------------------------------------------------------------

    \5\ See CBOE Regulatory Circular RG16-195.
---------------------------------------------------------------------------

    The Exchange is proposing a fee of $100 per month, per Approved
Third-Party Device, for Floor Broker Users accessing the BBO data feed
on the Exchange floor. Floor Broker User fees are payable only for CBOE
Floor Brokers accessing the BBO data feed via Approved Third-Party
Devices for managing and executing orders on the CBOE trading floor. An
``Approved Third-Party Device'' means any computer, workstation or
other item of equipment, fixed or portable, that receives, accesses
and/or displays data

in visual, audible or other form that has been provided by a third-
party and that has been approved, by CBOE, for use on the CBOE trading
floor. A ``Floor Broker User'' is a person or entity registered with
CBOE as a floor broker pursuant to CBOE Rules. Floor Broker Users may
directly interact with the CBOE Hybrid Order Handling System and view
and manipulate data using their Approved Third-Party Devices, but not
save, copy, export or transfer the data or any results of a
manipulation to any other computer hardware, software or media, except
for printing it to paper or other non-magnetic media.
    In addition, the Exchange proposes to clarify the definition of
Customer in the BBO section of the MDX Fee Schedule does not include a
third-party vendor of an Approved Third-Party Device, as defined below,
unless it has a market data agreement in place with MDX.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\6\ Specifically, the
Exchange believes the proposed rule change is consistent with Section
6(b)(4) of the Act,\7\ which requires that Exchange rules provide for
the equitable allocation of reasonable dues, fees, and other charges
among its Trading Permit Holders and other persons using its
facilities. The Exchange also believes the proposed rule change is
consistent with the Section 6(b)(5) \8\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed Floor Broker User Fee is
equitable and not unfairly discriminatory because it would apply
equally to all Floor Brokers using Approved Third-Party Devices on the
Exchange trading floor. Furthermore, the Exchange believes it is
reasonable, equitable and not unfairly discriminatory to charge Floor
Brokers more than ``external'' Display Only Service users, because,
unlike those users, Floor Brokers use the BBO Data on the Exchange
trading floor to manage and execute orders and directly interact with
the Order Handling System. The Exchange believes it is reasonable,
equitable and not unfairly discriminatory to charge Floor Brokers
accessing the BBO data feed via Approved Third-Party Devices a fee of
$100 per month as opposed to the $7000 per month fee for BBO Data Feed
Customers because: (1) Unlike BBO Data Feed Customers, Floor Broker
Users may not save, copy, export or transfer the BBO data and; (2)
unlike BBO Data Feed Customers, Floor Broker Users generally use the
data for the limited purpose of meeting their order priority
obligations (as opposed to using the data for proprietary trading
activity). The Exchange believes the Floor Broker User Fees are
reasonable because it will no longer collect a $450 monthly fee for
FBW, based on conversations with vendors of currently Approved Third-
Party Devices, the Exchange believes the $100 Floor Broker user fee
plus the amount a Floor Broker pays the third party for use of an
Approved Third-Party Device will be comparable to the previously
assessed monthly FBW fees.

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. The proposed rule change
will not have an impact on intramarket competition as the fee for BBO
Data Feed via an Approved Third-Party Device will apply to all Floor
Brokers equally who use Approved Third-Party Devices. Further, the
proposed rule will have not have an impact on intramarket competition
because the amount a Floor Broker previously paid for FBW, which
included the BBO Data Feed, is comparable to the amount it will pay for
access to the BBO Data Feed through an Approved Third-Party Device plus
the separate payment to the third-party vendor for use of the device.
    The Exchange does not believe that the proposed change will cause
any unnecessary burden on intermarket competition because the proposed
change only affects trading on the Exchange's trading floor. To the
extent that the proposed changes make the Exchange a more attractive
marketplace for market participants at other exchanges, such market
participants are welcome to become CBOE market participants.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4 \10\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-CBOE-2017-022 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-CBOE-2017-022. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet 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 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File No. SR-CBOE-2017-022, and should be submitted on or before April
17, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05922 Filed 3-24-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Pages 6211-6212]
[FR Doc No: 2022-02178]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34488]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

January 28, 2022.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
January 2022. A copy of each application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>. An order granting each
application will be issued unless the SEC orders a hearing. Interested
persons may request a hearing on any application by emailing the SEC's
Secretary at [email protected] and serving the relevant
applicant with a copy of the request by email, if an email address is
listed for the relevant applicant below, or personally or by mail, if a
physical address is listed for the relevant applicant below. Hearing
requests should be received by the SEC by 5:30 p.m. on February 22,
2022, and should be accompanied by proof of service on applicants, in
the form of an affidavit or, for lawyers, a certificate of service.
Pursuant to Rule 0-5 under the Act, hearing requests should state the
nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by writing to the Commission's Secretary at
[email protected].

ADDRESSES: The Commission: [email protected].

FOR FURTHER INFORMATION CONTACT: Shawn Davis, Assistant Director, at
(202) 551-6413 or Chief Counsel's Office at<PHONE_NUMBER>; SEC,
Division of Investment Management, Chief

Counsel's Office, 100 F Street NE, Washington, DC 20549-8010.

Calvert High Income Term Trust [File No. 811-23587]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on October 29, 2021.
    Applicant's Address: [email protected].

Cascades Trust [File No. 811-04626]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. The applicant has transferred its assets to
Aquila Tax-Free Trust of Oregon, a series of Aquila Municipal Trust,
and on June 26, 2020 made a final distribution to its shareholders
based on net asset value. Expenses of $314,858 incurred in connection
with the reorganization were paid by the applicant and the acquiring
fund.
    Filing Date: The application was filed on December 29, 2021.
    Applicant's Address: [email protected].

Eaton Vance Income Opportunities Fund-MA [File No. 811-23572]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Dates: The application was filed on October 29, 2021, and
amended on January 12, 2022.
    Applicant's Address: [email protected].

NexPoint Event Driven Fund [File No. 811-23156]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on October 14, 2021.
    Applicant's Address: [email protected].

NB Crossroads Private Markets Fund VI Custody LP [File No. 811-23442]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Dates: The application was filed on November 5, 2021, and
amended on January 6, 2022.
    Applicant's Address: [email protected].

Theseus U.S. Debt Fund [File No. 811-23453]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Dates: The application was filed on September 21, 2021, and
amended on January 14, 2022.
    Applicant's Address: [email protected].

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-02178 Filed 2-2-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Proposed Rules]
[Pages 80216-80218]
[FR Doc No: 2023-25340]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2151; Project Identifier AD-2023-00984-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all The Boeing Company Model 777 airplanes. This proposed AD was
prompted by a report of a 5-inch crack on the right wing upper wing
skin at a certain wing station. This proposed AD would require
repetitive inspections for cracking of the upper wing skin common to
certain fasteners and applicable on-condition actions. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 2,
2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-2151; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; website myboeingfleet.com.

     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov by searching for and locating Docket No. FAA-2023-2151.

FOR FURTHER INFORMATION CONTACT: Luis Cortez-Muniz, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone:
206-231-3958; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-2151; Project Identifier
AD-2023-00984-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Luis
Cortez-Muniz, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone:<PHONE_NUMBER>; email: [email protected]. Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    The FAA has received a report indicating that an operator found a
5-inch crack on the right wing upper wing skin at wing station (WSTA)
460. The report was related to a 777-300ER airplane that had 69,000
flight hours and 8,600 flight cycles. It has been determined that
combined local stresses caused by contributions from the main landing
gear beam outboard support fitting tab out and the pad-up were larger
than anticipated, contributing to premature fatigue cracking, and that
existing inspections do not provide sufficient crack detection
opportunities for the wing skin. An undetected upper wing skin crack,
if not addressed, could result in the inability of the primary
structural element to sustain limit load and could adversely affect the
structural integrity of the airplane, resulting in loss of control of
the aircraft.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 777-57A0125 RB,
dated July 25, 2023. This service information specifies procedures for
repetitive inspections for cracking of the upper wing skin common to
certain fasteners and applicable on-condition actions. On-condition
actions include repair.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. For information on the procedures and compliance times,
see this service information at regulations.gov under Docket No. FAA-
2023-2151.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 323 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
           Action                   Labor cost         Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspections.................  40 work-hours x $85          * $1,480  $4,880 per inspection  $1,576,240 per
                               per hour = $3,400                      cycle.                 inspection cycle.
                               per inspection cycle.
----------------------------------------------------------------------------------------------------------------
* An inspection kit is required.

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this proposed AD.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and

procedures the Administrator finds necessary for safety in air
commerce. This regulation is within the scope of that authority because
it addresses an unsafe condition that is likely to exist or develop on
products identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2023-2151; Project Identifier AD-
2023-00984-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 2, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 777 airplanes,
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report of a 5-inch crack on the right
wing upper wing skin at wing station (WSTA) 460. The FAA is issuing
this AD to address the possibility of an undetected upper wing skin
crack. The unsafe condition, if not addressed, could result in the
inability of the primary structural element to sustain limit load
and could adversely affect the structural integrity of the airplane,
resulting in loss of control of the aircraft.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
777-57A0125 RB, dated July 25, 2023.

    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
777-57A0125, dated July 25, 2023, which is referred to in Boeing
Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Requirements Bulletin 777-57A0125 RB,
dated July 25, 2023, uses the phrase ``the original issue date of
Requirements Bulletin 777-57A0125 RB,'' this AD requires using ``the
effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 777-57A0125 RB,
dated July 25, 2023, specifies contacting Boeing for repair
instructions: This AD requires doing the repair before further
flight using a method approved in accordance with the procedures
specified in paragraph (j) of this AD.

(i) Terminating Action for Repetitive Inspections

    Accomplishment of a repair specified in the Accomplishment
Instructions of Boeing Alert Requirements Bulletin 777-57A0125 RB,
dated July 25, 2023, terminates the repetitive inspections required
by paragraph (g) of this AD at the repaired location only.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520, Continued Operational Safety Branch,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or
responsible Flight Standards Office, as appropriate. If sending
information directly to the manager of the certification office,
send it to the attention of the person identified in paragraph (k)
of this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, AIR-
520, Continued Operational Safety Branch, FAA, to make those
findings. To be approved, the repair method, modification deviation,
or alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.

(k) Related Information

    For more information about this AD, contact Luis Cortez-Muniz,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone:<PHONE_NUMBER>; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 777-57A0125 RB, dated
July 25, 2023.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; website myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on November 13, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2023-25340 Filed 11-16-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Notices]
[Pages 71644-71647]
[FR Doc No: 2012-29073]

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

[Release No. 34-68293; File No. SR-Phlx-2012-132]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
EEM Options Position Limits

November 27, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 13, 2012, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to

solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Rule 1001, titled ``Position
Limits'' to increase the position and exercise limits for options on
the iShares MSCI Emerging Markets Index Fund (``EEM'') to 500,000
contracts.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
at the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    Position limits for exchange-traded fund (``ETFs'') options, such
as EEM options, are determined pursuant to Rule 1001, Commentary .05(a)
and vary according to the number of outstanding shares and trading
volume during the most recent six-month trading period of an underlying
stock or ETF. The largest in capitalization and most frequently traded
stocks and ETFs have an option position limit of 250,000 contracts
(with adjustments for splits, re-capitalizations, etc.) on the same
side of the market; smaller capitalization stocks and ETFs have
position limits of 200,000, 75,000, 50,000 or 25,000 contracts (with
adjustments for splits, re-capitalizations, etc.) on the same side of
the market. The current position limit for EEM options is 250,000
contracts. The purpose of the proposed rule change is to amend Rule
1001 to increase the position and exercise limits for EEM options to
500,000 contracts.\3\ There is precedent for establishing position
limits for options on actively-traded ETFs and these position limit
levels are set forth in Rule 1001.\4\
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    \3\ By virtue of Rule 1002, which is not being amended by this
filing, the exercise limit for EEM options would be similarly
increased. See Rule 1002 (Exercise Limits).
    \4\ Rule 1001 lists exceptions to standard position limits which
are: Put or call option contracts overlying the PowerShares QQQ
Trust (``QQQQ'')[supreg] for which the position limit shall be
900,000 contracts on the same side of the market; the Standard and
Poor's Depositary Receipts (``SPDRs''); options overlying the
iShares[supreg] Russell 2000[supreg] Index (``IWM''), for which the
position limit shall be 500,000 contracts; options overlying the
Diamonds Trust (``DIA''), for which the position limit shall be
300,000 contracts on the same side of the market; and options
overlying the Standard and Poor's Depositary Receipts (``SPDRs''),
which shall have no position limits.
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    In support of this proposed rule change, and as noted by the
Chicago Board Options Exchange, Incorporated (``CBOE'') in a related
filing,\5\ the below trading statistics compare EEM to IWM and SPY. As
shown in the table, the average daily volume in 2011 for EEM was 65
million shares compared to 64.1 million shares for IWM and 213 million
shares for SPY. The total shares outstanding for EEM are 922.9 million
compared to 192.6 million shares for IWM and 716.1 million shares for
SPY. Further, the fund market cap for EEM is $41.1 billion compared to
$15.5 billion for IWM and $98.3 billion for SPY.
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    \5\ See Securities Exchange Act Release No. 68086 (October 23,
2012), 77 FR 65600 (October 29, 2012) (SR-CBOE-2012-066).

----------------------------------------------------------------------------------------------------------------
                                                                     2011 ADV         Shares
                       ETF                            2011 ADV        (option       outstanding     Fund market
                                                   (mil. shares)    contracts)        (mil.)        cap  ($bil)
----------------------------------------------------------------------------------------------------------------
EEM..............................................           65           280,000           922.9            41.1
IWM..............................................           64.1         662,500           192.6            15.5
SPY..............................................          213         2,892,000           716.1            98.3
----------------------------------------------------------------------------------------------------------------

    In further support of this proposal, the Exchange represents that
EEM still qualifies for the initial listing criteria set forth in Rule
1009 at Commentary .06 for ETFs holding non-U.S. component
securities.\6\ EEM tracks the performance of the MSCI Emerging Markets
Index, which has approximately 800 component securities.\7\ ``The MSCI
Emerging Markets Index is a free float-adjusted market capitalization
index that is designed to measure equity market performance of emerging
markets. The MSCI Emerging Markets Index consists of the following 21
emerging market country indices: Brazil, Chile, China, Colombia, Czech
Republic, Egypt, Hungary, India, Indonesia, Korea, Malaysia, Mexico,
Morocco, Peru, Philippines, Poland, Russia, South Africa, Taiwan,
Thailand, and Turkey.'' \8\ The Exchange represents that more than 50%
of the weight of the securities held by EEM are now subject to a
comprehensive surveillance agreement (``CSA'').\9\ Additionally, the
component securities of the MSCI Emerging Markets Index on which EEM is
based for which the primary market is in any one country that is not
subject to a CSA do not represent 20% or more of the weight of the MSCI
Emerging Markets Index.\10\ Finally, the component securities of the
MSCI Emerging Markets Index on which EEM is based for which the primary
market is in any two countries that are not subject to CSAs do not
represent 33% of [sic] more of the weight of the MSCI Emerging Markets
Index.\11\
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    \6\ The Exchange notes that the initial listing criteria for
options on ETFs that hold non-U.S. component securities are more
stringent than the maintenance listing criteria for those same ETF
options. See Rule 1009 at Commentary .06 and Rule 1010, Commentary
.08.
    \7\ See http://us.ishares.com/product_info/fund/overview/EEM.htm and http://www.msci.com/products/indices/licensing/msci_emerging_markets/. Identification of the specific securities in the
EEM and their individual concentrations in the EEMcan [sic] be
accessed at: http://us.ishares.com/product_info/fund/holdings/EEM.htm.
    \8\ See http://www.msci.com/products/indices/tools/index.html#EM.
    \9\ See Rule 1009, Commentary .06(b)(i).
    \10\ See Rule 1009, Commentary .06(b)(ii).
    \11\ See Rule 1009, Commentary .06(b)(iii).
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    The Exchange believes that the liquidity in the underlying ETF and
the liquidity in EEM options support its request to increase the
position and exercise limits for EEM options. As to the underlying ETF,
through October 17,

2012 the year-to-date average daily trading volume for EEM across all
exchanges was 49.3 million shares. As to EEM options, the year-to-date
average daily trading volume for EEM options across all exchanges was
250,304 contracts. The Exchange believes that increasing position
limits for EEM options will lead to a more liquid and competitive
market environment for EEM options that will benefit customers
interested in this product.
    Under the Exchange's proposal, the options reporting requirement
for EEM would continue unabated. Thus, the Exchange would still require
that each member and member organization that maintain [sic] a position
in EEM options on the same side of the market, for its own account or
for the account of a customer, report certain information to the
Exchange. This information would include, but would not be limited to,
the option position, whether such position is hedged and, if so, a
description of the hedge, and the collateral used to carry the
position, if applicable. Exchange Market Makers would continue to be
exempt from this reporting requirement, as Market Maker information can
be accessed through the Exchange's market surveillance systems. In
addition, the general reporting requirement for customer accounts that
maintain an aggregate position of 200 or more option contracts would
remain at this level for EEM options.\12\
---------------------------------------------------------------------------

    \12\ Reporting requirements are stated in Rule 1003(b) [sic]
(Reporting of Options Positions).
---------------------------------------------------------------------------

    As the anniversary of listed options trading approaches its
fortieth year, the Exchange believes that the existing surveillance
procedures and reporting requirements at the Phlx, other options
exchanges, and at the several clearing firms are capable of properly
identifying unusual and/or illegal trading activity. In addition,
routine oversight inspections of the Exchange's regulatory programs by
the Commission have not uncovered any material inconsistencies or
shortcomings in the manner in which the Exchange's market surveillance
is conducted. These procedures utilize daily monitoring of market
movements via automated surveillance techniques to identify unusual
activity in both options and underlying stocks.\13\
---------------------------------------------------------------------------

    \13\ These procedures have been effective for the surveillance
of EEM options trading and will continue to be employed.
---------------------------------------------------------------------------

    Furthermore, large stock holdings must be disclosed to the
Commission by way of Schedules 13D or 13G.\14\ Options positions are
part of any reportable positions and, thus, cannot be legally hidden.
Moreover, the Exchange's requirement that members and member
organizations are to file reports with the Exchange for any customer
who held aggregate large long or short positions of any single class
for the previous day will continue to serve as an important part of the
Exchange's surveillance efforts.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.13d-1.
---------------------------------------------------------------------------

    The Exchange believes that the current financial requirements
imposed by the Exchange and by the Commission adequately address
concerns that a member or member organization or its customer may try
to maintain an inordinately large un-hedged position in an option,
particularly on EEM. Current margin and risk-based haircut
methodologies serve to limit the size of positions maintained by any
one account by increasing the margin and/or capital that a member or
member organization must maintain for a large position held by itself
or by its customer.\15\ In addition, the Commission's net capital rule,
Rule 15c3-1 \16\ under the Act imposes a capital charge on members and
member organizations to the extent of any margin deficiency resulting
from the higher margin requirement.
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    \15\ See Rule 721 (Proper and Adequate Margin) for a description
of margin requirements.
    \16\ 17 CFR 240.15c3-1.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder, including the
requirements of Section 6(b) of the Act.\17\ In particular, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \18\ requirements that the rules of an exchange be
designed to promote just and equitable principles of trade, to prevent
fraudulent and manipulative acts, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and to perfect the mechanism for a
free and open market and a national market system, and, in general, to
protect investors and the public interest.
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    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the proposed rule change will benefit large market
makers (which generally have the greatest potential and actual ability
to provide liquidity and depth in the product), as well as retail
traders, investors, and public customers, by providing them with a more
effective trading and hedging vehicle. In addition, the Exchange
believes that the structure of EEM options and the considerable
liquidity of the market for EEM options diminish the opportunity to
manipulate this product and disrupt the underlying market that a lower
position limit may protect against.

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

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

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \19\ and Rule 19b-4(f)(6)
thereunder.\20\
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requests that the Commission waive
the 30-day operative delay so that it can increase the position and
exercise limits for EEM options immediately, which will result in
consistency and uniformity among the competing options exchanges as to
the position and exercise limits for EEM options. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest.\21\ The Commission
notes the proposal is substantively identical to

a proposal that was recently approved by the Commission, and does not
raise any new regulatory issues.\22\ For these reasons, the Commission
designates the proposed rule change as operative upon filing.
---------------------------------------------------------------------------

    \21\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \22\ See Securities Exchange Act Release No. 68086 (October 23,
2012), 77 FR 65600 (October 29, 2012) (SR-CBOE-2012-066).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2012-132 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-Phlx-2012-132. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet 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
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-Phlx-2012-132 and should be
submitted on or before December 24, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-29073 Filed 11-30-12; 8:45 am]
BILLING CODE 8011-01-P