[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Pages 63477-63478]
[FR Doc No: 2013-24894]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-D-0419]

Guidance for Industry on Active Controls in Studies To
Demonstrate Effectiveness of a New Animal Drug for Use in Companion
Animals; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry 204 entitled ``Active
Controls in Studies to Demonstrate Effectiveness of a New Animal Drug
for Use in Companion Animals.'' This guidance advises industry on the
use of active controls in studies intended to provide substantial
evidence of effectiveness of new animal drugs for use in companion
animals. The intent of the guidance is to provide information to
clinical investigators who conduct studies using active controls and
have a basic understanding of statistical principles.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: Submit written requests for single copies of the guidance to
the Communications Staff (HFV-12), Center for Veterinary Medicine, Food
and Drug Administration, 7519 Standish Pl., Rockville, MD 20855. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-

305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Lisa M. Troutman, Center for
Veterinary Medicine (HFV-116), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of June 20, 2012 (77 FR 37059), FDA
published the notice of availability for a draft guidance entitled
``Draft Guidance for Industry on Active Controls in Studies to
Demonstrate Effectiveness of a New Animal Drug for Use in Companion
Animals,'' giving interested persons until August 20, 2012, to comment
on the draft guidance. FDA received several comments on the draft
guidance and those comments were considered as the guidance was
finalized. In response to stakeholder comments, FDA provided one
additional example and clarified other examples in the Appendix section
of the guidance. In addition, editorial changes were made to improve
clarity. The guidance announced in this notice finalizes the draft
guidance dated June 20, 2012.

II. Significance of Guidance

    This level 1 guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The guidance represents
the Agency's current thinking on the topic. It does not create or
confer any rights for or on any person and does not operate to bind FDA
or the public. An alternative approach may be used if such approach
satisfies the requirements of the applicable statutes and regulations.

III. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 514 have been approved under
OMB control number 0910-0032.

IV. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

V. Electronic Access

    Persons with access to the Internet may obtain the guidance at
either http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or http://www.regulations.gov.

    Dated: October 18, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-24894 Filed 10-23-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: May 16, 2006 (Volume 71, Number 94)]
[Proposed Rules]
[Page 28289-28290]
[DOCID:fr16my06-27]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0272; FRL-8159-8]

Revisions to the Arizona State Implementation Plan, Arizona
Department of Environmental Quality, Pima County Department of
Environmental Quality, and Pinal County Air Quality Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is approving revisions to the Arizona Department of
Environmental Quality (ADEQ), Pima County Department of Environmental
Quality (PCDEQ), and Pinal County Air Quality Control District (PCAQCD)
portions of the Arizona State Implementation Plan (SIP). These
revisions concern particulate matter (PM-10) emissions from open
burning. We are proposing to approve local rules that help regulate
these emission sources under the Clean Air Act as amended in 1990 (CAA
or the Act).

DATES: Any comments on this proposal must arrive by June 15, 2006.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2006-0272, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the online instructions.
     E-mail<EMAIL_ADDRESS>     Mail or deliver: Andrew Steckel (Air-4), U.S.
Environmental Protection Agency Region IX, 75 Hawthorne Street, San
Francisco, CA 94105.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov
, including any personal information provided,

unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an

``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA

Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Al Petersen, EPA Region IX, (415) 947-
4118<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the following local
rules: ADEQ Rule R18-2-602, ADEQ Rules R18-2-1501 through R18-2-1513,
PCDEQ Rule 17.12.480, and PCAQCD Rules 3-8-700 and 3-8-710. In the
Rules and Regulations section of this Federal Register, we are
approving these local rules in a direct final action without prior
proposal because we believe these SIP revisions are not controversial.
If we receive adverse comments, however, we will publish a timely
withdrawal of the direct final rule and address the comments in
subsequent action based on this proposed rule. Please note that if EPA
receives adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, EPA may adopt as final those provisions of the rule that are not
the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: March 22, 2006.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. 06-4515 Filed 5-15-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 66 (Monday, April 6, 2020)]
[Proposed Rules]
[Pages 19113-19114]
[FR Doc No: 2020-07086]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0598; Product Identifier 2018-SW-030-AD]
RIN 2120-AA64

Airworthiness Directives; Bell Textron, Inc. (Type Certificate
Previously Held by Bell Helicopter Textron, Inc.) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bell Textron, Inc. (Type Certificate previously held by
Bell Helicopter Textron, Inc.) (Bell) Model 204B, 205A, 205A-1, 205B,
212, 214B, 214B-1, 412, 412CF, and 412EP helicopters. This proposed AD
was prompted by a report of a shoulder harness seat belt comfort clip
(comfort clip) interfering with the seat belt inertia reel. This
proposed AD would require removing comfort clips from service and
inspecting the seat belt shoulder harness (harness) for a rip or an
abrasion. 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 May 21,
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Bell
Textron, Inc., P.O. Box 482, Fort Worth, TX 76101; telephone 817-280-
3391; fax<PHONE_NUMBER>; or at https://www.bellcustomer.com. You may
review the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0598; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kuethe Harmon, Safety Management
Program Manager, DSCO Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
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 the ADDRESSES section. Include ``Docket No. FAA-2018-0598;
Product Identifier 2018-SW-030-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.

Discussion

    The FAA proposes to adopt a new AD for certain Bell Model 204B,
205A, 205A-1, 205B, 212, 214B, 214B-1, 412, 412CF, and 412EP
helicopters. This proposed AD was prompted by a series of service
bulletins issued by Bell, reporting an issue with certain comfort clips
part-numbers (P/Ns) D7LZ-6560286-A, D7LZ-6560286-B, and 504636-401,
which are installed on seat belt assemblies. A design review by
Leonardo S.p.A Helicopter (formerly Agusta S.p.A., Finmeccanica S.p.A.)
indicates the use of the affected comfort clips could jeopardize, in
cases of impact or deceleration, the correct functionality of the seat
belt or the seat belt inertia reel.
    Bell Model 204B, 205A, 205A-1, 205B, and 212 helicopters were not
delivered with comfort clips, but due to design similarity, the FAA has
included them in this proposed AD because owners/operators may install
the comfort clips post-delivery. Bell consequently reported in its
service bulletins that it will stop delivering and selling the comfort
clips.
    The actions of this proposed AD are intended to prevent the seat
belt from locking, potentially resulting in injury to the occupant
during an emergency landing.

Related Service Information

    The FAA reviewed Bell Alert Service Bulletin (ASB) 204B-15-70 for
Model 204B helicopters, Bell ASB 205-15-113 for Model 205A and 205A-1
helicopters, Bell ASB 205B-15-66 for Model 205B helicopters, Bell ASB
212-15-156 for Model 212 helicopters, Bell ASB 412-15-170 for Model 412
and 412EP helicopters, and Bell ASB 412CF-15-60 for Model 412CF
helicopters, all dated January 20, 2016. The FAA also reviewed Bell ASB
214-15-76, dated January 11, 2016, for Model 214B and 214B-1
helicopters. This service information specifies removing the comfort
clips from all crew and passenger seat belt assemblies.

FAA's Determination

    The FAA is proposing this AD after evaluating all the relevant
information and determining that the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.

Proposed AD Requirements

    This proposed AD would require, within 50 hours time-in-service
(TIS), removing from service each comfort clip P/Ns D7LZ-6560286-A,
D7LZ-6560286-B, and 504636-401, from the seat belt assembly and
inspecting each harness for a rip and an abrasion. If there is a rip or
abrasion, this proposed AD would require removing the harness from
service before further flight.
    After the effective date of this AD, this proposed AD would
prohibit installing any comfort clip P/Ns D7LZ-6560286-A, D7LZ-6560286-
B, or 504636-401 on any helicopter.

Differences Between This Proposed AD and the Service Information

    The service information specifies a compliance time of within 100
flight hours or no later than February 21, 2016, and does not specify
inspecting each harness for a rip or an abrasion. This proposed AD
would require a compliance time of within 50 hours TIS and would
require inspecting each harness for a rip or an abrasion. The FAA
determined that including an

inspection for harness damage is necessary to correct the unsafe
condition.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 210
helicopters of U.S. registry. The FAA estimates that operators may
incur the following costs in order to comply with this AD. Labor costs
are estimated at $85 per work-hour.
    Removing a comfort clip would take about 0.5 work-hour, for an
estimated cost of $43 per clip.
    Inspecting a harness would take about 0.25 work-hour, for an
estimated cost of $21 per harness.
    If required, replacing a harness would take about 1 work-hour and
parts would cost about $1,050 for an estimated cost of $1,135 per
harness.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Bell Textron, Inc. (Type Certificate Previously Held by Bell
Helicopter Textron, Inc.): Docket No. FAA-2018-0598; Product
Identifier 2018-SW-030-AD.

(a) Comments Due Date

    The FAA must receive comments by May 21, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bell Textron, Inc. (Type Certificate
previously held by Bell Helicopter Textron, Inc.) Model 204B, 205A,
205A-1, 205B, 212, 214B, 214B-1, 412, 412CF, and 412EP helicopters,
certificated in any category, with a shoulder harness seat belt
comfort clip (comfort clip) part numbers (P/Ns) D7LZ-6560286-A,
D7LZ-6560286-B, or 504636-401, installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 2500, Cabin
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by a report of a comfort clip interfering
with the seat belt inertia reel. The FAA is issuing this AD to
prevent the seat belt from locking. The unsafe condition, if not
addressed, could result in injury to the occupant during an
emergency landing.

(f) Compliance

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

(g) Required Actions

    (1) Within 50 hours time-in-service (TIS):
    (i) Remove from service each comfort clip P/Ns D7LZ-6560286-A,
D7LZ-6560286-B, or 504636-401 from the shoulder harness seat belt
(harness).
    (ii) Inspect each harness for a rip and an abrasion. If there is
a rip or any abrasion, before further flight, remove from service
the harness.
    (2) After the effective date of this AD, do not install comfort
clip P/Ns D7LZ-6560286-A, D7LZ-6560286-B, or 504636-401 on any
helicopter.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, DSCO 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 local Flight Standards District 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 (i)(1) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Kuethe Harmon,
Safety Management Program Manager, DSCO Branch, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
[email protected]
    (2) For service information identified in this AD, contact Bell
Textron, Inc., P.O. Box 482, Fort Worth, TX 76101; telephone 817-
280-3391; fax<PHONE_NUMBER>; or at https://www.bellcustomer.com. You
may review service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177.

    Issued on March 31, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-07086 Filed 4-3-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Notices]
[Page 32492]
[DOCID:fr08jn10-126]

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DEPARTMENT OF HOMELAND SECURITY

[Internal Agency Docket No. FEMA-1916-DR; Docket ID FEMA-2010-0002]

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

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Mississippi (FEMA-1916-DR), dated May 14, 2010, and
related determinations.

DATES: Effective Date: May 28, 2010.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Mississippi is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 14, 2010.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-13699 Filed 6-7-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: December 29, 2006 (Volume 71, Number 250)]
[Notices]
[Page 78429-78430]
[DOCID:fr29de06-70]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2006-1010; FRL-8264-4]

Board of Scientific Counselors, Technology for Sustainability
Subcommittee Meetings--Jan/Feb 2007

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meetings.

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SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the Environmental Protection Agency, Office of Research and
Development (ORD), gives notice of two meetings (via conference call)
of the Board of Scientific Counselors (BOSC) Technology for
Sustainability Subcommittee.

DATES: Two public conference calls will be held: (1) Tuesday, January
23, 2007 from 9 a.m. to 11 a.m., and (2) Wednesday, February 21, 2007
from 11:30 a.m. to 1:30 p.m. All times noted are eastern time. The
meetings may adjourn early if all business is finished. Requests for
the draft agenda's and call-in number and access code, or for making
oral presentations at the conference calls will be accepted up to 1
business day before each conference call.

ADDRESSES: The meetings will be by teleconference only--meeting rooms
will not be used. Submit your comments, identified by Docket ID No.
EPA-HQ-ORD-2006-1010, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     Email: Send comments by electronic mail (e-mail) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2006-1010.

     Fax: Fax comments to:<PHONE_NUMBER>, Attention Docket ID
No. EPA-HQ-ORD-2006-1010.
     Mail: Send comments by mail to: Board of Scientific
Counselors, Technology for Sustainability Subcommittee Meetings--
Winter/Spring 2007 Docket, Mailcode: 28221T, 1200 Pennsylvania Ave.,
NW., Washington, DC, 20460, Attention Docket ID No. EPA-HQ-ORD-2006-
1010.
     Hand Delivery or Courier. Deliver comments to: EPA Docket
Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution
Avenue, NW.,Washington, DC, Attention Docket ID No. EPA-HQ-ORD-2006-
1010. Note: this is not a mailing address. Such deliveries are only
accepted during the docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2006-1010. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov

or email. The http://www.regulations.gov Web site is an ``anonymous access''

system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
http://www.regulations.gov, your e-mail address will be automatically captured

and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available

either electronically in http://www.regulations.gov or in hard copy at

the Board of Scientific Counselors, Technology for Sustainability
Subcommittee Meetings--Winter/Spring 2007 Docket, EPA/DC, EPA West,
Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the ORD
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via
mail at: Clois Slocum, USEPA, 26 W. Martin Luther King Drive,
Cincinnati, OH 45268; via phone/voice mail at:<PHONE_NUMBER>; via fax
at:<PHONE_NUMBER>; or via email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

General Information

    Members of the public who wish to obtain the draft BOSC agenda's
and call-in number and access code, or who would like to make a
presentation during the conference calls may contact Clois Slocum, the
Designated Federal Officer, via any of the contact methods listed in
the FOR FURTHER INFORMATION CONTACT section above. In general, each
individual making an oral presentation will be limited to a total of
three minutes.
    Proposed agenda items for the conference calls include, but are not
limited to: (1) First conference call: Charge questions, objective of
the program review, overview of the Office of Research and Development,
writing assignments, and future meetings; (2) second conference call:
overviews of ORD's Technology for Sustainability program, and
preparation for a face-to-face meeting in March 2007. The conference
calls are open to the public.
    Information on Services for Individuals with Disabilities: For
information on access or services for individuals with disabilities,
please contact Clois Slocum<PHONE_NUMBER> or<EMAIL_ADDRESS>To
request accommodation of a disability, please contact Clois Slocum,
preferably at least 10 days prior to the meeting, to give EPA as much
time as possible to process your request.

    Dated: December 21, 2006.
Jeff Morris,
Acting Director, Office of Science Policy.
 [FR Doc. E6-22410 Filed 12-28-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 155 (Tuesday, August 11, 2020)]
[Notices]
[Pages 48587-48591]
[FR Doc No: 2020-17452]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89483; File No. SR-NYSEAMER-2020-62]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Change To Amend the NYSE
American Options Fee Schedule

August 5, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 3, 2020, NYSE American LLC (``NYSE American'' 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 the NYSE American Options Fee
Schedule (``Fee Schedule'') regarding qualifications for rebates for
initiating a Customer Best Execution Auction. The Exchange proposes to
implement the fee change effective August 3, 2020. The proposed change
is available on the Exchange's website at www.nyse.com, 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 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 purpose of this filing is to modify the Fee Schedule regarding
the qualifications for a rebate for initiating a Customer Best
Execution (``CUBE'') auction, whether Single-Leg or Complex
(collectively, ``CUBE Orders'').
    In brief, the proposed changes are designed to encourage ATP
Holders to increase their initiating CUBE volume while maintaining a
meaningful level of Electronic volume in the ``Professional'' range.\4\
Specifically, the Exchange proposes to increase the qualification level
to earn a rebate on initiating CUBE

volume while lowering the minimum qualifying level for Professional
volume.
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    \4\ For purposes of this filing, ``Professional'' volume
includes Electronic volume from the following: Professional
Customer, Broker Dealer, Non-NYSE American Options Market Maker, and
Firm (the ``Professional volume'').
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    The Exchange proposes to implement the rule changes on August 3,
2020.
Background
    The Exchange has established various pricing incentives designed to
encourage increased Electronic volume executed on the Exchange,
including (but not limited to) the American Customer Engagement
(``ACE'') Program and the Professional Step-Up Incentive Program. The
Exchange also offers an ACE Initiating Participant Rebate to
participants in the ACE Program that initiate Single-Leg or Complex
CUBE Auctions as well as an alternative to the ACE Initiating
Participant Rebate--the Alternative Initiating Participant Rebate--that
enables non-ACE Program participants to qualify for a rebate on certain
initiating Single-Leg or Complex CUBE Orders provided they meet certain
Professional volume requirements and increase their initiating CUBE
volume.
    As discussed further below, the Exchange is proposing to modify the
qualification levels for the Alternative Initiating Participant Rebate
to continue to encourage ATP Holders to increase their initiating CUBE
Orders and to maintain a meaningful level of Professional volume.
Because volume executed in Electronic auction mechanisms, such as the
CUBE, has increased across the industry, the Exchange believes the
proposed change would encourage more participants to try to achieve the
Alternative Initiating Participant Rebate by directing more auction-
eligible order flow to the Exchange.\5\ To the extent that this
proposed change to the incentive results in that additional flow, the
increased liquidity on the Exchange would result in enhanced market
quality for all participants.
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    \5\ A daily analysis of OPRA trade codes indicates that auction
volume has increased from 19.2% of all options industry volume at
the end of 2019 to 23.4% at the end of June 2020. See, e.g., https://www.nyse.com/data-insights/q2-2020-options-review.
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Proposed Rule Change
CUBE Auction Fees & Credits: CUBE Initiating Participant Rebates
    Section I.G. of the Fee Schedule sets forth the rates for per
contract fees and credits for executions associated with Single-Leg and
Complex CUBE Auctions (together, ``CUBE Auctions'').\6\ To encourage
participants to utilize CUBE Auctions, the Exchange offers rebates on
certain initiating CUBE volume, including an Alternative Initiating
Participant Rebate, which applies to each of the first 5,000 contracts
per Single-Leg CUBE Order or to each of the first 1,000 contracts per
leg of a Complex CUBE Order and is available to ATP Holders that do not
qualify for or participate in the ACE Program.\7\ Currently, to qualify
for the Alternative Initiating Participant Rebate in a Single-Leg or
Complex CUBE Auction, an ATP Holder must execute a minimum of 10,000
contracts ADV in Professional volume and increase their Initiating
Single-Leg CUBE Orders by the greater of 20% over their August 2019
volume or 10,000 contracts ADV.\8\ An ATP Holder that qualifies for
both the ACE Initiating Participant Rebate (which is ($0.12) for
Single-Leg CUBE orders and ($0.10) for Complex CUBE Orders) and the
Alternative Initiating Participant Rebate (which is ($0.10)) is
entitled the greater of the two rebates.\9\
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    \6\ See Section I.G. of the Fee Schedule, CUBE Auction Fees &
Credits.
    \7\ See id., note 2 to each of Single-Leg and Complex CUBE
table.
    \8\ See id.
    \9\ See id.
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    The Exchange proposes to modify the qualification levels to earn
the ($0.10) per contract Alternative Initiating Participant Rebate in a
Single-Leg or Complex CUBE Auction by decreasing the minimum required
Professional volume from 10,000 ADV to 5,000 ADV, while increasing the
required amount of Initiating Single-Leg CUBE Orders to the greater of
40% over their August 2019 volume or 15,000 ADV (from 20% over August
2019 or 10,000 ADV, respectively).\10\ As is the case today, an ATP
Holder that qualifies for both the ACE Initiating Participant Rebate
and the Alternative Initiating Participant Rebate is entitled only to
one of the two rebates; however both of these Initiating Participant
Rebates are available in addition to other CUBE Auction-related credits
set forth in the Fee Schedule. The Exchange is not proposing to alter
the amount of the rebate at this time.
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    \10\ See proposed Section I.G. of the Fee Schedule, CUBE Auction
Fees & Credits, Complex CUBE Auction, note 2.
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    The Exchange's fees are constrained by intermarket competition, as
ATP Holders may direct their order flow to any of the 16 options
exchanges, including those with similar incentive programs.\11\ Thus,
ATP Holders have a choice of where they direct their order flow,
including auction volume which, as noted above, has increased in the
last year, and Professional volume.
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    \11\ See e.g., Cboe Exchange Inc. (``Cboe''), Fee Schedule,
Volume Incentive Program (VIP), available here, https://cdn.cboe.com/resources/membership/Cboe_FeeSchedule.pdf (providing
per contract credits for volume executed in Cboe's complex price
improvement auction) and MIAX Options fee schedule, Section 1.a.iv,
Professional Rebate Program, available here, https://www.miaxoptions.com/sites/default/files/fee_schedule-files/MIAX_Options_Fee_Schedule_04012019.pdf (setting forth per contract
credits on volume submitted for the account of Public Customers that
are not Priority Customers, Non-MIAX Market Makers, Non-Member
Broker Dealers, and Firms (collectively, Professional for purposes
of MIAX program), provided the Member achieves certain Professional
volume increase percentage thresholds (set forth in the schedule) in
the month relative to the fourth quarter of 2015).
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    To the extent that the proposed modification encourages the
submission of CUBE Orders, all market participants stand to benefit
from increased liquidity and opportunities for price improvement. The
proposed change also continues to offer ATP Holders an additional
incentive to direct Professional order flow to the Exchange.\12\
Because the ACE Initiating Participant Rebate and the Alternative
Initiating Participant Rebate are tied to Customer (ACE) and
Professional (Alternative) order flow--in addition to initiating CUBE
volume, the Exchange believes all market participants stand to benefit
from increased order flow, which promotes market depth, facilitates
tighter spreads and enhances price discovery.
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    \12\ See, e.g., Fee Schedule, Section I. H, Professional Step-up
Incentive (offering discounted rates on monthly Professional volume
for ATP Holders that increase their Professional volume by specified
percentages of TCADV over their August 2019 volume--or, for new ATP
Holders that increase such volume by a specified percentages of
TCADV above 10,000 contracts ADV).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\13\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\14\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4) and (5).
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The Proposed Rule Change Is Reasonable
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful

in promoting market competition in its broader forms that are most
important to investors and listed companies.'' \15\
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    \15\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (S7-10-04) (``Reg NMS
Adopting Release'').
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    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than 16% of the market
share of executed volume of multiply-listed equity and ETF options
trades.\16\ Therefore, currently no exchange possesses significant
pricing power in the execution of multiply-listed equity & ETF options
order flow. More specifically, in June 2020, the Exchange had less than
10% market share of executed volume of multiply-listed equity & ETF
options trades.\17\
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    \16\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/market-data/volume/default.jsp.
    \17\ Based on OCC data, see id., the Exchange's market share in
equity and ETF-based options increased slightly from 8.20% for the
month of June 2019 to 8.32% for the month of June 2020.
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    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow, or discontinue or reduce use of certain categories of
products, in response to fee changes. Accordingly, competitive forces
constrain options exchange transaction fees. Stated otherwise, changes
to exchange transaction fees and rebates can have a direct effect on
the ability of an exchange to compete for order flow including auction
volume which, as noted above, has increased in the last year.
    Given the increase in auction volume since late 2019, the Exchange
believes it is reasonable to raise the required increase in initiating
Single-Leg CUBE volume from 20% to 40% over that ATP Holder's 2019
volume and to likewise raise the alternative minimum ``greater of'
qualification basis from 10,000 to 15,000 contracts ADV.\18\ The
Exchange believes these changes are commensurate with the overall
increase in industry auction volume. At the same time, the Exchange
believes it is reasonable to reduce minimum required Professional
volume from 10,000 ADV to 5,000 ADV as this makes this (non-auction
related) aspect of the rebate requirement easier to achieve, while
still encouraging ATP Holders to direct a meaningful level of
Professional volume to the Exchange, which should provide additional
incentive (to the Professional Step-Up Incentive Program) to direct
such order flow to the Exchange.\19\
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    \18\ See supra note 5 (regarding an increase in auction volume
from 19.2% of all options industry volume at the end of 2019 to
23.4% at the end of June 2020).
    \19\ See supra note 12 (regarding discounted rates offered via
the Professional Step-up Incentive).
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    This proposed change is designed to encourage ATP Holders to
participate in the CUBE Auctions and to further increase their
initiating Single-Leg CUBE Orders or minimum ADV to qualify for the
rebate. The Exchange believes that modifying the qualification bases to
achieve the CUBE Alternative Initiating Participant Rebate may
encourage greater use of the CUBE Auctions by all ATP Holders, which
may lead to greater opportunities to trade--and for price improvement--
for all participants. And, for ATP Holders that already execute some
Professional Volume, the initial qualification as modified, should be
easier to achieve, thus encouraging the ATP Holder to increase the
amount of auction volume directed to the Exchange.
    The Exchange notes that all market participants stand to benefit
from increased transaction volume, as such increase promotes market
depth, facilitates tighter spreads and enhances price discovery, and
may lead to a corresponding increase in order flow from other market
participants that do not participate in (or qualify for) the
Professional Step-Up Incentive (or the ACE) program.
    Finally, to the extent the proposed changes attract greater volume
and liquidity, the Exchange believes the proposed changes would improve
the Exchange's overall competitiveness and strengthen its market
quality for all market participants. In the backdrop of the competitive
environment in which the Exchange operates, the proposed rule changes
are a reasonable attempt by the Exchange to increase the depth of its
market and improve its market share relative to its competitors. The
proposed rule change is designed to continue to incent ATP Holders to
direct liquidity to the Exchange in Electronic executions, similar to
other exchange programs with competitive pricing programs, thereby
promoting market depth, price discovery and improvement and enhancing
order execution opportunities for market participants.\20\
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    \20\ See, e.g., supra note 11 (Cboe VIP program and regarding
MIAX Professional Rebate Program).
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The Proposed Rule Change Is an Equitable Allocation of Fees and Rebates
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and rebates. The proposal is based on the amount
and type of business transacted on the Exchange and ATP Holders can opt
to avail themselves of these incentives or not. Moreover, the proposal
is designed to continue to encourage ATP Holders to aggregate their
executions at the Exchange as a primary execution venue. To the extent
that the proposed change attracts more CUBE volume to the Exchange,
this increased order flow would continue to make the Exchange a more
competitive venue for order execution. Thus, the Exchange believes the
proposed rule change would improve market quality for all market
participants on the Exchange and, as a consequence, attract more order
flow to the Exchange thereby improving market-wide quality and price
discovery.
The Proposed Rule Change Is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory because the proposed modifications would be available to
all similarly-situated market participants on an equal and non-
discriminatory basis. The Exchange's proposed modification to qualify
for the CUBE Alternative Initiating Participant Rebate is designed to
encourage greater use of the CUBE Auctions, which may lead to greater
opportunities to trade--and for price improvement--for all
participants.
    The proposals are based on the amount and type of business
transacted on the Exchange and ATP Holders are not obligated to try to
achieve the incentive pricing option. Rather, the proposals are
designed to encourage participants to utilize the Exchange as a primary
trading venue (if they have not done so previously) or increase
Electronic volume sent to the Exchange. To the extent that the proposed
change attracts more executions to the Exchange, this increased order
flow would continue to make the Exchange a more competitive venue for
order execution. Thus, the Exchange believes the proposed rule change
would improve market quality for all market participants on the
Exchange and, as a consequence, attract more order flow to the Exchange
thereby improving market-wide quality and price discovery. The
resulting increased volume and liquidity would provide more trading
opportunities and tighter spreads to all market participants and thus
would promote just and equitable principles of trade, remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest.

    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the Exchange believes
that the proposed changes would encourage the submission of additional
liquidity to a public exchange, thereby promoting market depth, price
discovery and transparency and enhancing order execution opportunities
for all market participants. As a result, the Exchange believes that
the proposed changes further the Commission's goal in adopting
Regulation NMS of fostering integrated competition among orders, which
promotes ``more efficient pricing of individual stocks for all types of
orders, large and small.'' \21\
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    \21\ See Reg NMS Adopting Release, supra note 15, at 37499.
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    Intramarket Competition. The proposed change is designed to
continue to attract order flow to the Exchange by offering competitive
rates and rebates (via the CUBE Alternative Initiating Participant
Rebate) based on increased volumes on the Exchange, which would enhance
the quality of quoting and may increase the volumes of contracts traded
on the Exchange. To the extent that this purpose is achieved, all of
the Exchange's market participants should benefit from the improved
market liquidity. Enhanced market quality and increased transaction
volume that results from the anticipated increase in order flow
directed to the Exchange will benefit all market participants and
improve competition on the Exchange.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily favor one
of the 16 competing option exchanges if they deem fee levels at a
particular venue to be excessive. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges and to attract order flow to the Exchange. Based on publicly-
available information, and excluding index-based options, no single
exchange currently has more than 16% of the market share of executed
volume of multiply-listed equity and ETF options trades.\22\ Therefore,
no exchange currently possesses significant pricing power in the
execution of multiply-listed equity & ETF options order flow. More
specifically, in June 2020, the Exchange had less than 10% market share
of executed volume of multiply-listed equity & ETF options trades.\23\
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    \22\ See supra note 15.
    \23\ Based on OCC data, supra note 17, the Exchange's market
share in equity-based options was 8.20% for the month of June 2019
and 8.32% for the month of June 2020.
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    The Exchange believes that the proposed rule change reflects this
competitive environment because it modifies the Exchange's fees and
rebates in a manner designed to encourage ATP Holders to direct trading
interest to the Exchange, to provide liquidity and to attract order
flow. To the extent that this purpose is achieved, all the Exchange's
market participants should benefit from the improved market quality and
increased opportunities for price improvement.
    The Exchange believes that the proposed changes could promote
competition between the Exchange and other execution venues, including
those that currently offer similar pricing incentives, by encouraging
additional orders to be sent to the Exchange for execution.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \24\ of the Act and subparagraph (f)(2) of Rule
19b-4 \25\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \24\ 15 U.S.C. 78s(b)(3)(A).
    \25\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \26\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \26\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSEAMER-2020-62 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAMER-2020-62. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMER-2020-62 and should be submitted
on or before September 1, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
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    \27\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-17452 Filed 8-10-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Page 53430]
[FR Doc No: 2011-21818]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12921-002; Project No. 14076-000]

Free Flow Power Corporation; Northland Power Mississippi River
LLC; Notice of Competing Preliminary Permit Applications Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Competing
Applications

    Free Flow Power Corporation (Free Flow) and Northland Power
Mississippi River LLC (Northland) filed preliminary permit
applications, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of developing hydropower projects
hydropower on the Mississippi River, in Tensas Parish, Louisiana, and
Jefferson County, Mississippi. Both applications were filed
electronically and given the filing date of February 1, 2011, at 8:30
a.m. The sole purpose of a preliminary permit, if issued, is to grant
the permit holder priority to file a license application during the
permit term. A preliminary permit does not authorize the permit holder
to perform any land-disturbing activities or otherwise enter upon lands
or waters owned by others without the owners' express permission.
    The proposed projects are described as follows:

    Free Flow's hydrokinetic Project, Project No. 12921-002 would
consist of: (1) Up to 2,250 SmartTurbine generating units installed
in arrays on the bottom of the river; (2) the total capacity of the
installation would be up to 90,000 kilowatts; (3) flexible cables
would convey each array's power to a metering station; and (4) a
transmission line would interconnect with the power grid. The
proposed project would have an average annual generation of
197,100,000 kilowatt-hours (kWh), which would be sold to a local
utility.
    Northland's hydrokinetic Project, Project No. 14076-000 would
consist of: (1) Up to 376 TREK generating units installed in a
matrix on the bottom of the river; (2) the total capacity of the
installation would be up to 94,000 kilowatts; (3) shielded
underwater cables would convey each matrix power to a substation;
and (4) a transmission line would interconnect with the power grid.
The proposed project would have an average annual generation of
823,000,000 kWh, which would be sold to a local utility.
    Applicants Contact: For Free Flow: Ramya Swaminathan, Free Flow
Power Corporation, 239 Causeway Street, Boston, MA 02114; phone
(978) 283-2822. For Northland: Tim Richardson, 30 St. Clair Avenue
West, 17th Floor, Toronto, Ontario, Canada; phone<PHONE_NUMBER>.
    FERC Contact: Michael Spencer,<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.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. 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 (http://www.ferc.gov/docs-filing/ferconline.asp) under the
``eFiling'' link. For a simpler method of submitting text-only
comments, click on ``Quick Comment.'' For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>call toll-free at
(866) 208-3676; or, for TTY, contact<PHONE_NUMBER>. Although the
Commission strongly encourages electronic filing, documents may also be
paper-filed. To paper-file, mail an original and eight copies to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-12921-002, or P-14076-000) in the docket
number field to access the document. For assistance, contact FERC
Online Support.

    Dated: August 19, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-21818 Filed 8-25-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Notices]
[Pages 5823-5824]
[FR Doc No: 2018-02596]

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

Federal Aviation Administration

Aviation Rulemaking Advisory Committee; Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Aviation Rulemaking Advisory Committee (ARAC)
meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of the ARAC.

DATES: The meeting will be held on March 15, 2018, starting at 1:00
p.m. Eastern Standard Time. Arrange oral presentations by February 28,
2018.

ADDRESSES: The meeting will take place at the Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT: Lakisha Pearson, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591,
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App. 2), we are giving notice of a
meeting of the ARAC taking place on March 15, 2018, at the Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591.
    The Draft Agenda includes:

1. Status Report from the FAA
2. Status Updates:
    a. Active Working Groups
    b. Transport Airplane and Engine (TAE) Subcommittee
3. Recommendation Reports
4. Any Other Business

    The Agenda will be published on the FAA Meeting web page (https://www.faa.gov/regulationspolicies/rulemaking/npm/) once it is finalized.
    Attendance is open to the interested public but limited to the
space

available. Please confirm your attendance with the person listed in the
FOR FURTHER INFORMATION CONTACT section no later than February 28,
2018. Please provide the following information: Full legal name,
country of citizenship, and name of your industry association, or
applicable affiliation. If you are attending as a public citizen,
please indicate so.
    For persons participating by telephone, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section by email or phone
for the teleconference call-in number and passcode. Callers are
responsible for paying long distance charges.
    The public must arrange by February 28, 2018, to present oral
statements at the meeting. The public may present written statements to
the Aviation Rulemaking Advisory Committee by providing 25 copies to
the Designated Federal Officer, or by bringing the copies to the
meeting.
    If you are in need of assistance or require a reasonable
accommodation for this meeting, please contact the person listed under
the heading FOR FURTHER INFORMATION CONTACT. Sign and oral
interpretation, as well as a listening device, can be made available if
requested 10 calendar days before the meeting.

Lirio Liu,
Designated Federal Officer, Aviation Rulemaking Advisory Committee.
[FR Doc. 2018-02596 Filed 2-8-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: June 21, 2010 (Volume 75, Number 118)]
[Proposed Rules]
[Page 34953]
[DOCID:fr21jn10-20]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

Existence of Proposed Airworthiness Design Standards for
Acceptance Under the Primary Category Rule; Orlando Helicopter Airways
(OHA), Inc., Models Cessna 172I, 172K, 172L, and 172M

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for comments.

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

SUMMARY: This notice announces the existence of and requests comments
on the proposed airworthiness design standards for acceptance of the
OHA, Inc., Models Cessna 172I, 172K, 172L, and 172M airplanes under the
regulations for primary category aircraft.

DATES: Comments must be received on or before July 21, 2010.

ADDRESSES: Send all comments to the Federal Aviation Administration
(FAA), Standards Office, Small Airplane Directorate (ACE-111), Aircraft
Certification Service, 901 Locust Street, Room 301, Kansas City, MO
64106.

FOR FURTHER INFORMATION CONTACT: Mr. Leslie B. Taylor, Aerospace
Engineer, Standards Office (ACE-111), Small Airplane Directorate,
Aircraft Certification Service, FAA; telephone number<PHONE_NUMBER>,
fax number<PHONE_NUMBER>, e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Any person may obtain a copy of this
information by contacting the person named above under FOR FURTHER
INFORMATION CONTACT.

Comments Invited

    We invite interested parties to submit comments on the proposed
airworthiness standards to the address specified above. Commenters must
identify the OHA Models Cessna 172I, 172K, 172L, and 172M and submit
comments to the address specified above. The FAA will consider all
communications received on or before the closing date before issuing
the final acceptance. The proposed airworthiness design standards and
comments received may be inspected at the FAA, Small Airplane
Directorate, Aircraft Certification Service, Standards Office (ACE-
110), 901 Locust Street, Room 301, Kansas City, MO 64106, between the
hours of 7:30 a.m. and 4 p.m. weekdays, except Federal holidays.

Background

    The ``primary'' category for aircraft was created specifically for
the simple, low performance personal aircraft. Section 21.17(f)
provides a means for applicants to propose airworthiness standards for
their particular primary category aircraft. The FAA procedure
establishing appropriate airworthiness standards includes reviewing and
possibly revising the applicant's proposal, publication of the
submittal in the Federal Register for public review and comment, and
addressing the comments. After all necessary revisions, the standards
are published as approved FAA airworthiness standards.
    Accordingly, the applicant, OHA, Inc., has submitted a request to
the FAA to include the following:

Proposed Airworthiness Standards for Acceptance Under the Primary
Category Rule

For All Airplane Modifications and the Powerplant Installation
    Part 3 of the Civil Air regulations (CAR 3), effective November 1,
1949, as amended by 3-1 through 3-12, except for Sec.  3.415, Engines
and Sec.  3.416(a), Propellers; and 14 CFR part 23, Sec. Sec.  23.603,
23.863, 23.907, 23.961, 23.1322 and 23.1359 (latest amendments through
Amendment 23-59) as applicable to these airplanes.
For Engine Assembly Certification
    Joint Aviation Requirements 22 (JAR 22), ``Sailplanes and Powered
Sailplanes,'' Change 5, dated October 28, 1995, Subpart H only.
For Propeller Certification
    14 CFR part 35 as amended through 35-8 except Sec.  35.1 (or a
propeller with an FAA type certificate may be used).
For Noise Standards
    14 CFR part 36, Amendment 36-28, Appendix G.

    Issued in Kansas City, Missouri, on June 14, 2010.
Sandra J. Campbell,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-14975 Filed 6-18-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 17, 2008 (Volume 73, Number 181)]
[Notices]
[Page 53894]
[DOCID:fr17se08-119]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1763-DR]

Iowa; Amendment No. 20 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Iowa (FEMA-1763-DR), dated May 27, 2008, and related
determinations.

DATES: Effective Date: September 3, 2008.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that pursuant to the
President's June 30, 2008, amended declaration authorizing Federal
funds for emergency protective measures, including direct Federal
assistance, at 90 percent Federal funding of total eligible costs under
the Public Assistance Program, the National Oceanic and Atmospheric
Administration's National Weather Service River Forecast Center has
established that the rivers in the State of Iowa, which have
experienced historical flooding, fell below flood stage on August 8,
2008.

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

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-21668 Filed 9-16-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Page 72863]
[FR Doc No: 2010-29767]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26367]

Motor Carrier Safety Advisory Committee Public Meeting

AGENCY: Federal Motor Carrier Safety Administration, DOT.

ACTION: Notice of Motor Carrier Safety Advisory Committee Meeting.

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SUMMARY: FMCSA announces that the Agency's Motor Carrier Safety
Advisory Committee (MCSAC) will hold a committee meeting from Monday,
December 6 through Wednesday, December 8, 2010. The meeting will be
open to the public for its duration.

Time and Dates: The meeting will be held on Monday and Tuesday,
December 6-7, 2010, from 8:30 a.m. to 4 p.m., Eastern Standard Time
(E.S.T.), and on Wednesday, December 8, from 8:30 a.m. to 2 p.m.,
E.S.T. The last hour of each day will be reserved for public comment.

Matters to be Considered: The MCSAC will complete action on Task 10-02,
regarding Fatigue Management Plans for Commercial Motor Vehicle
Drivers. Additionally, the MCSAC will commence work on Task 11-01,
regarding Patterns of Safety Violations by Motor Carrier Management.

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior
Management Analyst, Strategic Planning and Program Evaluation Division,
Office of Policy Plans and Regulation, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

MCSAC

    Section 4144 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L.
109-59, 119 Stat. 1144, August 10, 2005) required the Secretary of
Transportation to establish a Motor Carrier Safety Advisory Committee.
The committee provides advice and recommendations to the FMCSA
Administrator on motor carrier safety programs and regulations, and
operates in accordance with the Federal Advisory Committee Act (5
U.S.C. App 2).

Patterns of Safety Violations Task

    SAFETEA-LU Section 4133 allows the Secretary to suspend, amend, or
revoke any part of a motor carrier's registration if the Secretary
finds that an officer of a motor carrier engages, or has engaged, in a
pattern or practice of avoiding compliance, or masking or otherwise
concealing noncompliance, with the Federal Motor Carrier Safety
Regulations and Hazardous Materials Regulations, while serving as an
officer of any motor carrier. The section defines an officer as ``an
owner, director, chief executive officer, chief financial officer,
safety director, vehicle maintenance supervisor, and driver supervisor
of a motor carrier, regardless of title attached to these functions,
and any person, however designated, exercising controlling influence
over the operations of a motor carrier.''
    Following presentations from experts on this issue and the
deliberations of the Committee, the MCSAC will submit written
recommendations in the form of a report to the FMCSA Administrator on
this topic following its March 2011 meeting.

II. Meeting Participation

    Oral comments from the public will be heard during the last hour of
each day of this meeting. Members of the public may submit written
comments on this topic by Wednesday, December 1, 2010, to Federal
Docket Management System (FDMC) Docket Number FMCSA-2006-26367 using
any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Room WI2-
140, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, 1200 New
Jersey Avenue, SE., Room WI2-140, Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

    Issued on: November 22, 2010.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2010-29767 Filed 11-24-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Page 53044]
[FR Doc No: 2021-20775]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-9265-000]

Broder, Joshua B.; Notice of Filing

    Take notice that on September 17, 2021, Joshua B. Broder submitted
for filing, application for authority to hold interlocking positions,
pursuant to section 305(b) of the Federal Power Act, 16 U.S.C. 825d (b)
and Part 45.8 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR part 45.8.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on October 12, 2021.

    Dated: September 20, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-20775 Filed 9-23-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75615-75616]
[FR Doc No: 2022-26772]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: PR23-15-000.
    Applicants: Hope Gas, Inc.
    Description: Sec.  284.123(g) Rate Filing: HGI--2022 PGA Filing to
be effective 12/1/2022.
    Filed Date: 12/5/22.
    Accession Number: 20221205-5041.
    Comment Date: 12/23/2022.
    184.123(g) Protest: 2/3/2023.

    Docket Numbers: RP23-251-000.
    Applicants: UGI Mt. Bethel Pipeline Company, LLC.
    Description: Annual Report of Operational Purchases and Sales of
UGI Mt. Bethel Pipeline, LLC.
    Filed Date: 11/30/22.
    Accession Number: 20221130-5539.
    Comment Date: 5 p.m. ET 12/12/22.

    Docket Numbers: RP23-263-000.
    Applicants: NEXUS Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Enbridge Gas
to DTE Energy 962849 eff 12-3-22 to be effective 12/3/2022.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5099.
    Comment Date: 5 p.m. ET 12/14/22.

    Docket Numbers: RP23-264-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: Update to Remove Non-
Conforming Agreements to be effective 1/7/2023.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5114.
    Comment Date: 5 p.m. ET 12/14/22.

    Docket Numbers: RP23-265-000.
    Applicants: Rockies Express Pipeline LLC.

    Description: Sec.  4(d) Rate Filing: 2022-12-02 Negotiated Rate
Agreement to be effective 12/3/2022.
    Filed Date: 12/5/22.
    Accession Number: 20221205-5000.
    Comment Date: 5 p.m. ET 12/19/22.

    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.

Filings in Existing Proceedings

    Docket Numbers: RP19-57-005.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Compliance filing: New York Delivery Surcharge
Verplank Fire eff 1-1-23 to be effective 1/1/2023.
    Filed Date: 12/2/22.
    Accession Number: 20221202-5118.
    Comment Date: 5 p.m. ET 12/14/22.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    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: December 5, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-26772 Filed 12-8-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 24, 2010 (Volume 75, Number 226)]
[Notices]
[Page 71771-71773]
[DOCID:fr24no10-141]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63339; File No. SR-Phlx-2010-158]

Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by NASDAQ OMX PHLX, Inc. Relating to a $5 Strike Price Program

November 18, 2010.
    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 12, 2010, 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, II,
and III, below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Commentary .05 to Exchange Rule
1012, Series of Options Open for Trading, specifically Commentary
.05(c) to allow the Exchange to list and trade series in intervals of
$5 or greater where the strike price is more than $200 in up to five
(5) option classes on individual stocks.
    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, on the Commission's Web site
at http://www.sec.gov, 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 purpose of this proposed rule change is to modify Commentary
.05 to Exchange Rule 1012 to allow the Exchange to list and trade
series in intervals of $5 or greater where the strike price is more
than $200 in up to five (5) option classes on individual stocks (``$5
Strike Price Program'') to provide investors and traders additional
opportunities and strategies to hedge high priced securities.
    Currently, Exchange Rule 1012 at Commentary .05 permits strike
price intervals of $10 or greater where the strike price is $200 or
more,\3\ except the Exchange may select up to 46 options classes on
individual stocks for which the interval of strike prices will be $2.50
where the strike price is greater than $25 but less than $50 (the
``$2.50 Strike Price Program''). In addition to those options selected
by the Exchange, the strike price interval may be $2.50 in any
multiply-traded option once another exchange trading that option
selects such option.\4\
---------------------------------------------------------------------------

    \3\ Commentary .05 also permits strike price intervals of $5.00
or greater where the strike price is greater than $25 but less than
$200; and $2.50 or greater where the strike price is $25 or less.
    \4\ Initially adopted in 1995 as a pilot program, the pilot
$2.50 Strike Price Program allowed options exchanges to list options
with $2.50 strike price intervals for options trading at strike
prices greater than $25 but less than $50 on a total of up to 100
option classes. See Securities Exchange Act Release No. 35993 (July
19, 1995), 60 FR 38073 (July 25, 1995) (SR-Phlx-95-08). In 1998, the
pilot program was permanently approved and expanded to allow the
options exchanges to select up to 200 option classes for the $2.50
Strike Price Program. See Securities Exchange Act Release No. 40662
(November 12, 1998), 63 FR 64297 (November 19, 1998) (SR-Phlx-98-
26). Of the 200 options classes eligible for the $2.50 Strike Price
Program, 46 have been allocated to Phlx. With the expansion of the
$2.50 Strike Price Program to options with strike prices below $75,
for example, if an option class has been selected as part of the
$2.50 Strike Price Program, and the underlying stock closed at
$48.50 in its primary market, the Exchange may list options with
strike prices of $52.50 and $57.50 on the next business day; and if
an underlying security closed at $54, the Exchange may list options
with strike prices of $52.50, $57.50, and $62.50 on the next
business day. Moreover, an option class remains in the $2.50 Strike
Price Program until the Exchange otherwise designates and sends a
decertification notice to the Options Clearing Corporation. See
Securities Exchange Act Release No. 55338 (February 23, 2007), 72 FR
9371 (March 1, 2007) (SR-Phlx-2007-04).
---------------------------------------------------------------------------

    The Exchange is proposing to add the proposed $5 Strike Price
Program as an exception to the $10 or greater program in addition to
the $2.50 Strike Price Program. The proposal would allow the Exchange
to list series in intervals of $5 or greater where the strike price is
more than $200 in up to five (5) option classes on individual stocks.
    The Exchange believes the $5 Strike Price Program would offer
investors a greater selection of strike prices at a lower cost. For
example, if an investor wanted to purchase an option with an expiration
of approximately one month, a $5 strike interval could offer a wider
choice of strike prices, which may result in reduced outlays in order
to purchase the option. By way of illustration, using Google, Inc.
(``GOOG'') as an example, if GOOG would trade at $610 \5\ with
approximately one month remaining until expiration, the front month
(one month remaining) at-the-money call option (the 610 strike) would
trade at approximately $17.50 and the next highest available strike
(the 620 strike) would trade at approximately $13.00. By offering a 615
strike an investor would be able to trade a GOOG front month call
option at approximately $15.25, thus providing an additional choice at
a different price point.
---------------------------------------------------------------------------

    \5\ The prices listed in this example are assumptions and not
based on actual prices. The assumptions are made for illustrative
purposes only using the stock price as a hypothetical.
---------------------------------------------------------------------------

    Similarly, if an investor wanted to hedge exposure to an underlying
stock position by selling call options, the investor may chose an
option term with two months remaining until expiration. An additional
$5 strike interval could offer additional and varying yields to the
investor. For example if Apple, Inc. (``AAPL'') would trade at $310 \6\
with approximately two months remaining until expiration, the second
month (two months remaining) at-the-money call option (the 310 strike)
would trade at approximately $14.50 and the next highest available
strike (the 320) strike would trade at $9.90. The 310 strike would
yield a return of 4.67% and the 320 strike would yield a return of
3.20%. If the 315 strike were available, that series would be priced at
approximately $12.20 (a yield of 3.93%) and would minimize the risk of
having the underlying stock called away at expiration.
---------------------------------------------------------------------------

    \6\ Id.
---------------------------------------------------------------------------

    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the
Options Price Reporting Authority have the necessary systems capacity
to handle the potential additional traffic associated with the listing
and trading of classes on individual stocks $5 Strike Price Program.
    The proposed $5 Strike Price Program would provide investors
increased opportunities to improve returns and manage risk in the
trading of equity options that overlie high priced stocks. In addition,
the proposed $5 Strike Price Program would allow investors to establish
equity options positions that are better tailored to meet their
investment, trading and risk management requirements.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(b)(5) of the Act \8\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
The Exchange believes the $5 Strike Price Program proposal would
provide the investing public and other market participants increased
opportunities because a $5 series in high priced stocks would provide
market participants additional opportunities to hedge high priced
securities. This would allow investors to better manage their risk
exposure. Moreover, the Exchange believes the proposed $5 Strike Price
Program would benefit investors by giving them more flexibility to
closely tailor their investment decisions in a greater number of
securities.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 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 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

    Within 45 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 Exchange consents, the Commission shall: (a) By order approve
or disapprove such 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-Phlx-2010-158 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-2010-158. 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 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-2010-158 and should be
submitted on or before December 15, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-29594 Filed 11-23-10; 8:45 am]
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[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Notices]
[Page 22148]
[FR Doc No: 2014-08968]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

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

Request for Notification From Industry Organizations Interested
in Participating in the Selection Process for Nonvoting Industry
Representatives; Reopening of Notification Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; reopening of comment period.

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SUMMARY: The Food and Drug Administration (FDA) is reopening the period
for industry organizations interested in participating in the selection
of nonvoting industry representatives to represent the interests of the
pharmaceutical manufacturing industry and the pharmacy compounding
industry on the Pharmacy Compounding Advisory Committee for the Center
for Drug Evaluation and Research to notify FDA of such interest. FDA
announced a request for notification of interest in selection of
industry representatives and for nominations in the Federal Register on
January 13, 2014. This notice requested industry organizations that
were interested in participation in the selection process to notify FDA
in writing by February 12, 2014, and stated that nominations would be
accepted for the two nonvoting vacancies by the same date. Industry
organizations that did not notify FDA by the deadline of their interest
in participating in the selection of nonvoting pharmacy compounding and
pharmaceutical manufacturing industry representatives have now
expressed interest in participating. Therefore, FDA is reopening the
notification period for an additional two weeks so that any interested
industry organizations wanting to participate can notify the Agency of
their interest.

DATES: Any industry organization interested in participating in the
selection of appropriate nonvoting members to represent the interests
of the pharmacy compounding industry and the pharmaceutical
manufacturing industry on the Pharmacy Compounding Advisory Committee
should send a letter stating the interest to FDA by May 5, 2014, for
the vacancies announced in the Federal Register on January 13, 2014 (79
FR 2177).

ADDRESSES: All letters of interest should be submitted electronically
to PCAC@fda.hhs.govmailto:, or in writing by mail to Jayne E. Peterson,
Center for Drug Evaluation and Research, Food and Drug Administration,
10903 New Hampshire Avenue, Bldg. 31, Rm. 2417, Silver Spring, MD
20993.

FOR FURTHER INFORMATION CONTACT: Jayne E. Peterson, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993, 301-796-
9001, FAX:<PHONE_NUMBER>, email<EMAIL_ADDRESS>    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: April 15, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-08968 Filed 4-18-14; 8:45 am]
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