[Federal Register: December 18, 2008 (Volume 73, Number 244)]
[Notices]
[Page 77084-77085]
[DOCID:fr18de08-123]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59086; File No. SR-CBOE-2008-124]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Increase the Class Quoting Limit in One Option Class

December 11, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 9, 2008, the Chicago Board Options Exchange,
Incorporated (``CBOE'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the CBOE. The Exchange has designated this proposal as one
constituting a stated policy, practice, or interpretation with respect
to the meaning, administration, or enforcement of an existing rule
under Section 19(b)(3)(A)(i) of the Act,\3\ and Rule 19b-4(f)(1)
thereunder, which renders the proposal effective upon filing with the
Commission. 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\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(i).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to increase the class quoting limit in one
option class. The text of the proposed rule change is available on
CBOE's Web site (http://www.cboe.org/legal), at the CBOE's Office of
the Secretary, and at the Commission's public reference room.

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

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

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

1. Purpose
    CBOE Rule 8.3A, Maximum Number of Market Participants Quoting
Electronically per Product, establishes class quoting limits (``CQLs'')
for each class traded on the Hybrid Trading System.\4\ A CQL is the
maximum number of quoters that may quote electronically in a given
product and Rule 8.3A, Interpretation .01(a) provides that the current
levels are generally established at 50.
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    \4\ See Rule 8.3A.01.
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    In addition, Rule 8.3A, Interpretation .01(b) provides a procedure
by which the President of the Exchange may increase the CQL for an
existing or new product. In this regard, the President of the Exchange
may increase the CQL in a particular product when he deems it
appropriate. The effect of an increase in the CQL is procompetitive in
that it increases the number of market participants that may quote
electronically in a product. The purpose of this filing is to increase
the CQL in the American-style option class on the Standard & Poor's 100
Index (OEX) from its current limit of 50 to 100.
    Given the impending transition of OEX to the Hybrid Trading System
Platform (``Hybrid''), which is currently planned for December 9, 2008,
CBOE's President has determined that it would be appropriate to
increase the CQL in OEX. With a current limit of 50, we anticipate that
there will be a wait-list when OEX moves to Hybrid. Increasing the CQL
to 100 will accommodate Market-Makers interested in trading OEX when it
moves to Hybrid and will enable the Exchange to enhance the liquidity
offered, thereby offering deeper and more liquid markets. Lastly, CBOE
represents that it has the systems capacity to support this increase in
the CQL.
2. Statutory Basis
    CBOE believes the proposed rule change is consistent with the Act
and the rules and regulations under the Act applicable to a national
securities exchange and, in particular, the requirements of section
6(b) of the Act.\5\ Specifically, the Exchange believes the proposed
rule change is consistent with the Section 6(b)(5) \6\ requirements
that the rules of an exchange be designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts and,
in general, to protect investors and the public interest. As indicated
above, the Exchange believes that increasing the CQL in this option
class will enable the Exchange to enhance the liquidity offered,
thereby offering deeper and more liquid markets.
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    \5\ 15 U.S.C. 78(f)(b).
    \6\ 15 U.S.C. 78(f)(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE 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 Exchange Act.

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

    The Exchange neither received nor solicited written comments on the
proposal.

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

    The foregoing proposed rule change will take effect upon filing
with the Commission pursuant to Section 19(b)(3)(A)(i) of the Act \7\
and Rule 19b-4(f)(1) thereunder,\8\ because it constitutes a stated
policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(i).
    \8\ 17 CFR 240.19b-4(f)(1).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2008-124 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-CBOE-2008-124. 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the CBOE. 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-CBOE-2008-124 and should be
submitted on or before January 8, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-30068 Filed 12-17-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Rules and Regulations]
[Pages 14810-14812]
[FR Doc No: 2021-05447]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2021-0203; Special Conditions No. 25-784-SC]

Special Conditions: Lufthansa Technik, Boeing Model 787-8
Airplane; Installation of Large, Non-Structural Glass in the Passenger
Cabin

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Boeing Model 787-8
airplane. This airplane as modified by Lufthansa Technik, will have a
novel or unusual design feature when compared to the state of
technology envisioned in the airworthiness standards for transport
category airplanes. This design feature is the installation of large,
non-structural glass in the passenger cabin. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These special conditions contain the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: This action is effective on Lufthansa Technik on March 19, 2021.
Send comments on or before May 3, 2021.

ADDRESSES: Send comments identified by Docket No. FAA-2021-0203 using
any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket website, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478).
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Shannon Lennon, Human Machine
Interface Section, AIR-626, Transport Standards Branch, Policy and
Innovation Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA has determined that prior public notice and comment
are unnecessary, and finds that, for the same reason, good cause exists
for adopting these special conditions upon publication in the Federal
Register.

Comments Invited

    The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    The FAA will consider all comments received by the closing date for
comments. The FAA may change these special conditions based on the
comments received.

Background

    On September 27, 2019, Lufthansa Technik applied for a supplemental
type certificate for installation of large, non-structural glass in the
passenger cabin in the Boeing Model 787-8 airplane. The Boeing Model
787-8 is a twin-engine, transport category airplane, with capacity for
381 passengers, and a maximum takeoff weight of 476,000 pounds.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Lufthansa Technik must show that the Boeing Model 787-8
airplane, as changed, continues to meet the applicable provisions of
the regulations listed in Type Certificate No. TC No. T00021SE or the
applicable regulations in effect on the date of application for the
change, except for earlier amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 787-8 airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
these special conditions would also apply to the other model under
Sec.  21.101.

    In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 787-8 airplane must comply with the fuel
vent and exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 787-8 airplane will incorporate the following
novel or unusual design features:
    Lufthansa Technik is proposing to install large non-structural
glass items in Model 787-8 airplanes. Possible installations of large
non-structural glass items include, but are not limited to, the
following items:
     Glass partitions.
     Glass floor installations.
     Glass attached to the ceiling.
     Glass parts integrated in the stairway.
     Wall or Door mounted mirrors and glass panels.
     Mirrors as part of a door blow out panel.
     Glass plate installed in a doorframe.
     Washstand with glass-panel.
    The installation of these glass items in the passenger compartment,
which can be occupied during taxi, take-off and landing (TT&L), is a
novel or unusual design feature with respect to the installed material.
The applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design features.

Discussion

    The use of glass results in trade-offs between the one unique
characteristic of glass--its capability for undistorted or controlled
light transmittance, or transparency--and the negative aspects of the
material. Glass, in its basic form as annealed, untreated sheet, plate,
or float glass, when compared to metals, is extremely notch-sensitive,
has a low fracture resistance, has a low modulus of elasticity, and can
be highly variable in its properties. While reasonably strong, it is
nonetheless not a desirable material for traditional airplane
applications because it is heavy (about the same density as aluminum),
and when it fails, it breaks into extremely sharp fragments that have
the potential for injury, and which have been known to be lethal. Thus,
the use of glass traditionally was limited to windshields, and
instrument or display transparencies. The regulations in Sec.  25.775
only address, and likewise only recognize, the unique use of glass in
windshield or window applications where no other material will serve.
This regulation does address the adverse properties of glass, but
pilots occasionally are injured from shattered glass windshields.
    The FAA divides other uses of glass in the passenger cabin into
four groups. These groups were created to address the practical and
functional uses of glass. The four groups are as follows:
    The first group is glass items installed in rooms or areas in the
cabin that are not occupied during TT&L, and a person does not have to
enter or pass through the room or area to get to any emergency exit.
    The second group is glass integrated into a functional device the
operation of which is dependent upon the characteristics of glass, such
as instrument or indicator protective transparencies, or monitor
screens such as liquid crystal displays or plasma displays. This group
may be installed in any area in the cabin regardless of occupancy
during TT&L. Acceptable means of compliance for these items may depend
on the size and specific location of the device containing the glass.
    The third group is small glass items installed in occupied rooms or
areas during TT&L, or rooms or areas that a person does not have to
enter or pass through to get to any emergency exit. The FAA defines a
small glass item as less than 8.8 lbs (4 kg) in mass.
    The fourth group is large glass items, the subject of these special
conditions, installed in occupied rooms or areas during TT&L, or rooms
or areas that a person must enter or pass through to get to any
emergency exit. A large glass item is defined as 8.8 lbs (4 kg) or
greater in mass. Groups of glass items that collectively weigh 4 kg or
more would also be included. The mass is based on the amount of glass
that becomes hazardous in high inertial loads.
    The glass items in groups one, two, and three are restricted to
applications where the potential for injury is either highly localized,
such as flight-instrument faces, or the location is such that injury
due to failure of the glass is unlikely, for example mirrors in
lavatories, because these installations necessitate the use of glass.
These glass items typically are addressed in a method-of-compliance
issue paper for each project based on existing part 25 regulations, or
in established policy. These issue papers identify specific tests that
could include abuse loading and ball-impact testing. In addition, these
items are subject to the inertia loads contained in Sec.  25.561, and
maximum positive-differential pressure for items like video monitors to
meet Sec.  25.789.
    The items in group four are much larger and heavier than previously
approved, and raise additional safety concerns. These large, heavy
glass panels, primarily installed as architectural features, were not
envisioned in the regulations. The unique aspects of glass, with the
potential to become highly injurious or lethal objects during emergency
landing, minor crash conditions, or in flight, warrant a unique
approach to certification that addresses the characteristics of glass
that prevented its use in the past. These special conditions were
developed to ensure that airplanes with large glass features in
passenger cabins provide the same level of safety as airplanes using
traditional, lightweight materials. The FAA reiterates this intention
in the text of the special conditions by qualifying their use for group
four glass items.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Boeing Model 787-8 airplane. Should Lufthansa Technik apply at a later
date for a supplemental type certificate to modify any other model
included on Type Certificate No. T00021SE to incorporate the same novel
or unusual design feature, these special conditions would apply to that
model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on one model of airplane. It is not a rule of general applicability and
affects only the applicant who applied to the FAA for approval of these
features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the

Administrator, the following special conditions are issued as part of
the type certification basis for Boeing Model 787-8 airplanes, as
modified by Lufthansa Technik.
    For large glass items (a single item, or a collective group of
glass items, that weigh 4 kg or more in mass) installed in passenger-
occupied rooms or areas during taxi, takeoff, and landing, or installed
in rooms or areas that occupants must enter or pass through to access
any emergency exit, the glass installations on the Lufthansa Model 787-
8 airplane must meet the following conditions:
    1. Material Fragmentation--The applicant must use tempered or
otherwise treated glass to ensure that, when fractured, the glass
breaks into small pieces with relatively dull edges. The glass
component installation must retain all glass fragments to minimize the
danger from flying glass shards or pieces. The applicant must
demonstrate this characteristic by impact and puncture testing, and
testing to failure. The applicant may conduct this test with or without
any glass coating that may be used in the design.
    2. Strength--In addition to meeting the load requirements for all
flight and landing loads, including any of the applicable emergency-
landing conditions in subparts C & D of 14 CFR part 25, the glass
components that are located such that they are not protected from
contact with cabin occupants must not fail due to abusive loading, such
as impact from occupants stumbling into, leaning against, sitting on,
or performing other intentional or unintentional forceful contact with
the glass component. The applicant must assess the effect of design
details such as geometric discontinuities or surface finish, including
but not limited to embossing and etching.
    3. Retention--The glass component, as installed in the airplane,
must not come free of its restraint or mounting system in the event of
an emergency landing, considering both the directional loading and
resulting rebound conditions. The applicant must assess the effect of
design details such as geometric discontinuities or surface finish,
including but not limited to embossing and etching.
    4. Instruction for Continued Airworthiness--The instructions for
continued airworthiness must reflect the method used to fasten the
panel to the cabin interior, and must ensure the reliability of the
methods used (e.g., life limit of adhesives, or clamp connection). The
applicant must define any inspection methods and intervals based upon
adhesion data from the manufacturer of the adhesive, or upon actual
adhesion-test data, if necessary.

    Issued in Des Moines, Washington, on March 11, 2021.
Patrick Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2021-05447 Filed 3-18-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Notices]
[Page 4744]
[FR Doc No: 2011-1582]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0114; Notice 2]

Bentley Motors, Inc., Grant of Petition for Decision of
Inconsequential Noncompliance

    Bentley Motors, Inc. (Bentley) has determined that certain
headlamps in 2005-2008 Bentley Arnage and Azure passenger cars do not
fully comply with paragraph S<IP_ADDRESS>(b) of 49 CFR 571.108, Federal
Motor Vehicle Safety Standard (FMVSS) No. 108 Lamps, Reflective Devices
and Associated Equipment. Bentley has filed an appropriate report
pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility
and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Bentley has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety. Notice of receipt of Bentley's petition was published, with a
30-day public comment period, on 7/30/2009, in the Federal Register (74
FR 38082). No comments were received. To view the petition and all
supporting documents, log onto the Federal Docket Management System Web
site at: http://www.regulations.gov/. Then follow the online search
instructions to locate docket number ``NHTSA-2009-0114.''
    For further information on this decision, contact Mr. Mike Cole,
Office of Vehicle Safety Compliance, the National Highway Traffic
Safety Administration (NHTSA), telephone<PHONE_NUMBER>, facsimile
(202) 366-7002.
    Bentley estimated that 1,115 model year 2005-2008 Bentley Arnage
and Azure passenger cars manufactured between January 13, 2004 and
November 9, 2007 are involved. Bentley also stated that based on its
preliminary investigation it believes that only 50% of those vehicles
have the subject noncompliance.
    Paragraph S<IP_ADDRESS>(b) of FMVSS No. 108 requires in pertinent part:

    S<IP_ADDRESS> Visual/optical aiming. Each visually/optically aimable
headlamp shall be designed to conform to the following requirements:
* * *
    (b) Horizontal aim, lower beam. There shall be no adjustment of
horizontal aim unless the headlamp is equipped with a horizontal
VHAD. If the headlamp has a VHAD, it shall be set to zero.

    Bentley explained that the noncompliance with FMVSS No. 108 is that
horizontal aim adjustment of the subject lower beams is possible due to
the absence of a blanking cap over the lower beam horizontal adjustment
screw.
    Bentley also stated that they discovered this noncompliance as a
result of a special production line quality audit investigation.
    Bentley further stated that it believes that this noncompliance is
inconsequential to motor vehicle safety for three reasons. First, the
adjustment screw is always hidden by an engine cover when the vehicle's
hood is open. Second, when the engine cover is removed the screw is
still hidden down a small dark guide hole, so the screw is not
immediately visible and it is not immediately obvious that a disabling
cap is not present. Last, the workshop manual clearly identifies that
this screw is not functional on North American specification vehicles
so no vehicle repairer would ever need to try to search for and adjust
the screw in question.
    Bentley also has informed NHTSA that it has corrected the problem
that caused this noncompliance.
    In summation, Bentley states that it believes that the
noncompliance is inconsequential to motor vehicle safety and that no
corrective action is warranted.

NHTSA Decision

    NHTSA agrees with Bentley that the noncompliance is inconsequential
to motor vehicle safety. The only possible safety risk is that someone
could locate and improperly adjust the lower beam horizontal adjustment
mechanism. That risk is extremely small. The location of the horizontal
adjuster makes it difficult to access and there is no information in
the owner's manual or given to the dealer which indicates the location.
Further, the lamps as originally installed in the subject vehicles are
properly aimed and the need for re-aiming is unlikely. In addition, it
is unlikely that owners will try to adjust the headlamp aim since the
owner's manual instructs drivers to take the vehicle to the dealer if
the lamps need to be re-aimed. Because dealers are generally not aware
that the horizontal aim can be adjusted, they are likely to replace the
lamps that may need adjustment. Moreover, to the extent this notice
increases awareness on the part of owners or dealers that the
horizontal adjustment mechanism is present on these vehicles, the
notice will also inform them that any horizontal adjustment issue
should be addressed by replacing the lamps and/or contacting Bentley.
    In consideration of the foregoing, NHTSA has decided that Bentley
has met its burden of persuasion that the subject FMVSS No. 108
headlamps noncompliance is inconsequential to motor vehicle safety.
Accordingly, Bentley's petition is granted and the petitioner is
exempted from the obligation of providing notification of, and a remedy
for, the subject noncompliance under 49 U.S.C. 30118 and 30120.

    Authority:  49 U.S.C. 30118, 30120; delegations of authority at
49 CFR 1.50 and 501.8.

    Issued on: January 19, 2011.
Claude H. Harris,
Acting Associate Administrator for Enforcement.
[FR Doc. 2011-1582 Filed 1-25-11; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Notices]
[Pages 27500-27501]
[FR Doc No: 2021-10669]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2021-0017]

Pipeline Safety: Request for Special Permit; Colorado Interstate
Gas Company, LLC

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

ACTION: Notice.

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SUMMARY: PHMSA is publishing this notice to solicit public comments on
a request for special permit received from the Colorado Interstate Gas
Company, LLC (CIG). The special permit request is seeking relief from
compliance with certain requirements in the Federal pipeline safety
regulations. At the conclusion of the 30-day comment period, PHMSA will
review the comments received from this notice as part of its evaluation
to grant or deny the special permit request.

DATES: Submit any comments regarding this special permit request by
June 21, 2021.

ADDRESSES: Comments should reference the docket number for this special
permit request and may be submitted in the following ways:
     E-Gov Website: http://www.Regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency.
     Fax: 1-202-493-2251.
     Mail: Docket Management System: 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: Docket Management System: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays.
    Instructions: You should identify the docket number for the special
permit request you are commenting on at the beginning of your comments.
If you submit your comments by mail, please submit two (2) copies. To
receive confirmation that PHMSA has received your comments, please
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.Regulations.gov.
    Note: There is a privacy statement published on http://www.Regulations.gov. Comments, including any personal information
provided, are posted without changes or edits to http://www.Regulations.gov.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 Code of Federal
Regulations (CFR) Sec.  190.343, you may ask PHMSA to give confidential
treatment to information you give to the agency by taking the following
steps: (1) Mark each page of the original document submission
containing CBI as ``Confidential''; (2) send PHMSA, along with the
original document, a second copy of the original document with the CBI
deleted; and (3) explain why the information you are submitting is CBI.
Unless you are notified otherwise, PHMSA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this notice. Submissions containing CBI should
be sent to Kay McIver, DOT, PHMSA-PHP-80, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001. Any commentary PHMSA receives that is not
specifically designated as CBI will be placed in the public docket for
this matter.

FOR FURTHER INFORMATION CONTACT:
    General: Ms. Kay McIver by telephone at<PHONE_NUMBER>, or by email
at<EMAIL_ADDRESS>    Technical: Mr. Steve Nanney by telephone at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: PHMSA received a special permit request from
the CIG, a subsidiary of Kinder Morgan, Inc., seeking a waiver from the
requirements of 49 CFR 192.611(a) and (d), Change in class location and
Confirmation or revision of maximum allowable operating pressure; and
49 CFR 192.619(a), Maximum allowable operating pressure: Steel or
plastic pipelines.
    This special permit is being requested in lieu of pipe replacement
or pressure reduction for one (1) pipeline segment totaling 552 feet
(approximately 0.105 miles) of 22-inch diameter pipe on the 0005-A
Denver-Rock Springs Mainline Pipeline located in Adams County,
Colorado. The proposed special permit will allow operation of the
original Class 1 pipe in the Class 3 location.
    The proposed special permit segment on the CIG 0005-A Denver-Rock
Springs Mainline Pipeline has a maximum allowable operating pressure of
822 pounds per square inch gauge and was constructed in 1956.
    The special permit request, proposed special permit with
conditions, and Draft Environmental Assessment (DEA) for the CIG 0005-A
Denver-Rock Springs Mainline Pipeline are available for review and
public comments in Docket No. PHMSA-2021-0017. PHMSA invites interested
persons to review and submit comments on the special permit request and
DEA in the docket. Please include any comments on potential safety and
environmental impacts that may result if the special permit is granted.
Comments may include relevant data.
    Before issuing a decision on the special permit request, PHMSA will
evaluate all comments received on or before the comments closing date.
Comments received after the closing date will be evaluated, if it is
possible to do so without incurring additional expense or delay. PHMSA
will consider each relevant comment it receives in making its decision
to grant or deny this special permit request.

    Issued in Washington, DC, April, 2021, under authority delegated
in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2021-10669 Filed 5-19-21; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Pages 45896-45897]
[FR Doc No: 2023-15183]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-2363-000]

HXOap Solar One, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
HXOap Solar One, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 1, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    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.
    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 protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: July 12, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-15183 Filed 7-17-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18690-18693]
[FR Doc No: 2015-07906]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28043]

Hours of Service (HOS) of Drivers; Application for Renewal and
Expansion of American Pyrotechnics Association (APA) Exemption From the
14-Hour Rule During Independence Day Celebrations

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

ACTION: Notice of application for renewal and expansion of exemption;
request for comments.

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

SUMMARY: The American Pyrotechnics Association (APA) has requested a
renewal for 50 APA member-companies of its exemption from FMCSA's
regulation prohibiting drivers of commercial motor vehicles (CMVs) from
driving after the 14th hour after coming on duty, and the expansion of
its exemption to 5 additional carriers. The exemption would apply
solely to the operation of CMVs by these 55 APA-member companies in
conjunction with staging fireworks shows celebrating Independence Day
during the periods June 28-July 8, 2015, and June 28-July 8, 2016,
inclusive. During these two periods, approximately 3,200 CMVs and
drivers employed by these companies would be allowed to exclude off-
duty and sleeper-berth time of any length from the calculation of the
14-hour driving window. These drivers would not be allowed to drive
after accumulating a total of 14 hours of on-duty time, following 10
consecutive hours off duty, and would continue to be subject to the 11-
hour driving time limit, and the 60- and 70-hour on-duty limits.

DATES: If granted, this exemption would be effective during the periods
of June 28, 2015, through July 8, 2015, inclusive, and June 28, 2016,
through July 8, 2016, inclusive. The exemption would expire on July 8,
2016 at 11:59 p.m. Comments must be received on or before May 7, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2007-28043 using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The online Federal document management system
is available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

APA Application for Exemption

    The hours-of-service (HOS) rule in 49 CFR 395.3(a)(2) prohibits a
property-carrying CMV driver from driving after the 14th hour after
coming on duty following 10 consecutive hours off duty. Under 49 U.S.C.
31315 and 31136(e), FMCSA may grant an exemption from the HOS
requirements in 49 CFR 395.3(a)(2) for a period of up to 2 years if it
finds such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption. The procedures for requesting an exemption (including
renewals) are prescribed in 49 CFR part 381.
    The APA, a trade association representing the domestic fireworks
industry, was previously granted an exemption for 50 of the 55 APA
member-companies during the Independence Day periods in 2013 and 2014.
The APA held similar 2-year exemptions during Independence Day periods
from 2005 through 2014. The 2013-2014 exemption expired on July 9,
2014. Like the other 50 member-companies that operated under the 2013-
2015 exemption, the 5 additional member-companies would be subject to
all of the terms and conditions of the exemption.
    The initial APA exemption application for relief from the 14-hour
rule was submitted in 2004; a copy of the application is in the docket.
That application fully describes the nature of the pyrotechnic
operations of the CMV drivers employed by APA member-companies during a
typical Independence Day period.
    As stated in APA's 2004 request, the CMV drivers employed by APA
member-companies are trained pyro-technicians who hold commercial
driver's licenses (CDLs) with hazardous materials (HM) endorsements.
They transport fireworks and related equipment by CMVs on a very
demanding schedule during a brief Independence Day period, often to
remote locations. After they arrive, the drivers are responsible for
set-up and staging of the fireworks shows.
    The APA states that it is seeking an HOS exemption for the 2015 and
2016 Independence Day periods because compliance with the current 14-
hour rule in 49 CFR 395.3(a)(2) by its members would impose a
substantial economic hardship on numerous cities, towns and
municipalities, as well as its member-companies. To meet the demand for
fireworks under the current HOS rules, APA states that its member-
companies would be required to hire a second driver for most trips. The
APA advises that the result would be a substantial increase in the cost
of the fireworks shows--beyond the means of many of its members'
customers--and that many Americans would be denied this important
component of the celebration of Independence Day. The 55 APA-member
companies within the scope of this exemption request are listed in an
appendix to this notice. A copy of the request for the exemption is
included in the docket referenced at the beginning of this notice.

Method To Ensure an Equivalent or Greater Level of Safety

    The APA believes that renewal of the exemption will not adversely
affect the safety of the fireworks transportation provided by these
motor carriers. According to APA, its member-companies have operated
under this exemption for 10 previous Independence Day periods without a
reported motor carrier safety incident. Moreover, it asserts, without
the extra time provided by the exemption, safety would decline because
APA drivers would be unable to return to their home base after each
show. They would be forced to park the CMVs carrying HM 1.1G, 1.3G and
1.4G products in areas less secure than the motor carrier's home base.
As a condition of holding the exemption, each motor carrier would be
required to notify FMCSA within 5 business days of any accident (as
defined in 49 CFR 390.5) involving the operation of any its CMVs while
under this exemption. To date, FMCSA has received no accident
notifications, nor is the Agency aware of any accidents reportable
under terms of the prior APA exemptions.
    In its exemption request, APA asserts that the operational demands
of this unique industry minimize the risks of CMV crashes. In the last
few days before the Independence Day holiday, these drivers transport
fireworks over relatively short routes from distribution points to the
site of the fireworks display, and normally do so in the early morning
when traffic is light. At the site, they spend considerable time
installing, wiring, and safety-checking the fireworks displays,
followed by several hours off duty in the late afternoon and early
evening prior to the event. During this time, the drivers are able to
rest and nap, thereby reducing or eliminating the fatigue accumulated
during the day. Before beginning

another duty day, these drivers must take 10 consecutive hours off
duty, the same as other CMV drivers.

Terms and Conditions of the Exemption

Period of the Exemption

    The requested exemption from the requirements of 49 CFR 395.3(a)(2)
is proposed to be effective June 28 through July 8, 2015, inclusive,
and from June 28 through July 8, 2016, inclusive. The exemption would
expire on July 8, 2016, at 11:59 p.m. local time.

Extent of the Exemption

    This exemption would be restricted to drivers employed by the 55
motor carriers listed in the appendix to this notice. The drivers would
be given a limited exemption from the requirements of 49 CFR
395.3(a)(2). This regulation prohibits a driver from driving a CMV
after the 14th hour after coming on duty and does not permit off-duty
periods to extend the 14-hour limit. Drivers covered by this exemption
would be able to exclude off-duty and sleeper-berth time of any length
from the calculation of the 14-hour limit. This exemption would be
contingent on each driver driving no more than 11 hours in the 14-hour
period after coming on duty, as extended by any off-duty or sleeper-
berth time in accordance with this exception. The exemption would be
further contingent on each driver having a full 10 consecutive hours
off duty following 14 hours on duty prior to beginning a new driving
period. The carriers and drivers must comply with all other
requirements of the Federal Motor Carrier Safety Regulations (49 CFR
parts 350-399) and Hazardous Materials Regulations (49 CFR parts 105-
180).

Preemption

    During the periods the exemption would be in effect, no State would
be allowed to enforce any law or regulation that conflicted with or
with inconsistent with this exemption with respect to a person or
entity operating under the exemption (49 U.S.C. 31315(d)).

FMCSA Notification

    Exempt motor carriers would be required to notify FMCSA within 5
business days of any accidents (as defined by 49 CFR 390.5) involving
the operation of any of their CMVs while under this exemption. The
notification must include the following information:
    a. Date of the accident,
    b. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident,
    c. Driver's name and driver's license number,
    d. Vehicle number and State license number,
    e. Number of individuals suffering physical injury,
    f. Number of fatalities,
    g. The police-reported cause of the accident,
    h. Whether the driver was cited for violation of any traffic laws,
or motor carrier safety regulations, and
    i. The total driving time and the total on-duty time of the CMV
driver at the time of the accident.

Termination

    The FMCSA does not believe the motor carriers and drivers covered
by this exemption, if granted, would experience any deterioration of
their safety record. However, should this occur, FMCSA would take all
steps necessary to protect the public interest, including revocation of
the exemption. The FMCSA will immediately revoke the exemption for
failure to comply with its terms and conditions. Exempt motor carriers
and drivers would be subject to FMCSA monitoring while operating under
this exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comments on the APA's requested exemption from the
requirements of 49 CFR 395.3(a)(2). The FMCSA will review all comments
received and determine whether approval of the exemption is consistent
with the requirements of 49 U.S.C. 31315.

    Issued on: April 1, 2015.
Larry W. Minor,
Associate Administrator for Policy.

 Appendix to Notice of Application for Renewal of American Pyrotechnics
  Association (APA) Exemption From the 14-Hour HOS Rule During 2015 and
        2016 Independence Day Celebrations for 50 Motor Carriers
------------------------------------------------------------------------
                                           City, state, zip
         Motor carrier    Street address         code          DOT No.
------------------------------------------------------------------------
   1   American          7041 Darrow Road  Hudson, OH 44236       103972
        Fireworks
        Company.
   2   American          P.O. Box 980....  Oxford, NY 13830      2115608
        Fireworks
        Display, LLC.
   3   AM Pyrotechnics,  2429 East 535th   Buffalo, MO           1034961
        LLC.              Rd.               65622.
   4   Atlas PyroVision  136 Old Sharon    Jaffrey, NH            789777
        Entertainment     Rd.               03452.
        Group, Inc.
   5   Central States    18034 Kincaid     Athens, IL 62613      1022659
        Fireworks, Inc.   Street.
   6   Colonial          5225 Telegraph    Toledo, OH 43612       177274
        Fireworks         Road.
        Company.
   7   East Coast        4652 Catawba      Catawba, SC            545033
        Pyrotechnics,     River Rd.         29704.
        Inc.
   8   Entertainment     13313 Reeder      Tenino, WA 98589       680942
        Fireworks, Inc.   Road SW.
   9   Falcon Fireworks  3411 Courthouse   Guyton, GA 31312      1037954
                          Road.
  10   Fireworks &       12650 Hwy 67S.    Lakeside, CA           908304
        Stage FX          Suite B.          92040.
        America.
  11   Fireworks by      20 Pinehurst      Bellport, NY           324490
        Grucci, Inc.      Drive.            11713.
  12   J&J Computing     174 Route 17      Rochelle Park,        2064141
        dba Fireworks     North.            NJ 07662.
        Extravaganza.
  13   Fireworks West    910 North 3200    Logan, UT 84321.       245423
        Internationale.   West.
  14   Garden State      383 Carlton Road  Millington, NJ         435878
        Fireworks, Inc.                     07946.
  15   Gateway           P.O. Box 39327..  St Louis, MO          1325301
        Fireworks                           63139.
        Displays.
  16   Great Lakes       24805 Marine....  Eastpointe, MI        1011216
        Fireworks.                          48021.
  17   Hamburg           2240 Horns Mill   Lancaster, OH...       395079
        Fireworks         Road SE.
        Display, Inc.
  18   Hawaii            17-7850 N.        Mountain View,        1375918
        Explosives &      Kulani Road.      HI 96771.
        Pyrotechnics,
        Inc.
  19   Hi-Tech FX, LLC.  18060 170th Ave.  Yarmouth, IA          1549055
                                            52660.
  20   Hollywood         1567 Antler       Eagan, MN 55122.      1061068
        Pyrotechnics,     Point.
        Inc.
  21   Homeland          P.O. Box 7......  Jamieson, OR          1377525
        Fireworks, Inc.                     97909.
  22   Island Fireworks  N1597 County Rd   Hager City, WI         414583
        Co., Inc.         VV.               54014.
  23   J&M Displays,     18064 170th Ave.  Yarmouth, IA           377461
        Inc.                                52660.
  24   Lantis            130 Sodrac Dr.,   N. Sioux City,         534052
        Fireworks, Inc.   Box 229.          SD 57049.
  25   Legion Fireworks  10 Legion Lane..  Wappingers             554391
        Co., Inc.                           Falls, NY 12590.
  26   Miand Inc. dba    P.O. Box 294,     Kingsbury, IN          777176
        Planet            3999 Hupp Road    46345.
        Productions       R31.
        (Mad Bomber).

  27   Martin & Ware     P.O. Box 322....  Hallowell, ME          734974
        Inc. dba Pyro                       04347.
        City Maine &
        Central Maine
        Pyrotechnics.
  28   Melrose           1 Kinsgubury      Kingsbury, IN          434586
        Pyrotechnics,     Industrial Park.  46345.
        Inc.
  29   Precocious        4420-278th Ave    Belgrade, MN           435931
        Pyrotechnics,     NW.               56312.
        Inc.
  30   Pyro Engineering  400 Broadhollow   Farmindale, NY         530262
        Inc., dba/Bay     Rd. Ste #3.       11735.
        Fireworks.
  31   Pyro Shows Inc..  P.O. Box 1776...  LaFollette, TN         456818
                                            37766.
  32   Pyro              3196 N Locust     Rialto, CA 92376       029329
        Spectacluars,     Ave.
        Inc.
  33   Pyro              5301 Lang Avenue  McClellan, CA         1671438
        Spectaculars                        95652.
        North, Inc.
  34   Pyrotechnic       8450 W. St.       Frankfort, IL         1929883
        Display, Inc.     Francis Rd.       60423.
  35   Pyrotecnico (S.   302 Wilson Rd...  New Castle, PA         526749
        Vitale                              16105.
        Pyrotechnic
        Industries,
        Inc.).
  36   Pyrotecnico, LLC  60 West Ct......  Mandeville, LA         548303
                                            70471.
  37   Pyrotecnico FX..  6965 Speedway     Las Vegas, NV         1610728
                          Blvd. Suite 115.  89115.
  38   Rainbow           76 Plum Ave.....  Inman, KS 67546.      1139643
        Fireworks, Inc.
  39   RES Specialty     21595 286th St..  Belle Plaine, MN       523981
        Pyrotechnics.                       56011.
  40   Rozzi's Famous    11605 North       Loveland, OH          0483686
        Fireworks, Inc.   Lebanon Rd.       45140.
  41   Skyworks, Ltd...  13513 W. Carrier  Carrier, OK           1421047
                          Rd.               73727.
  42   Spielbauer        220 Roselawn      Green Bay, WI          046479
        Fireworks Co,     Blvd.             54301.
        Inc.
  43   Starfire          682 Cole Road...  Carrolltown, PA        554645
        Corporation.                        15722.
  44   Vermont           2235 Vermont      East Montpelier,       310632
        Fireworks Co.,    Route 14 South.   VT 05651.
        Inc./Northstar
        Fireworks Co.,
        Inc.
  45   Western Display   10946 S. New Era  Canby, OR 97013.       498941
        Fireworks, Ltd.   Rd.
  46   Western           P.O. Box 160....  Carrier, OK            203517
        Enterprises,                        73727.
        Inc.
  47   Western           14592 Ottaway     Aurora, OR 97002       838585
        Fireworks, Inc.   Road NE.
  48   Wolverine         205 W Seidlers..  Kawkawlin, MI...       376857
        Fireworks
        Display, Inc.
  49   Young Explosives  P.O. Box 18653..  Rochester, NY          450304
        Corp..                              14618.
  50   Zambelli          P.O. Box 1463...  New Castle, PA         033167
        Fireworks MFG,                      16103.
        Co., Inc.
------------------------------------------------------------------------

 Appendix to Notice of Application for Renewal of American Pyrotechnics
  Association Exemption From the 14-Hour HOS Rule During 2015 and 2016
    Independence Day Celebrations for 5 Motor Carriers Not Previously
                                Exempted
------------------------------------------------------------------------
                                           City, state, zip
         Motor carrier    Street address         code          DOT No.
------------------------------------------------------------------------
   1   Pyro Shows of     6601 9 Mile Azle  Fort Worth, TX        2432196
        Texas, Inc.       Rd.               76135.
   2   Sorgi American    935 Wales Ridge   Wales, MI 48027.      2475727
        Fireworks         Rd.
        Michigan, LLC.
   3   Spirit of 76....  6401 West Hwy 40  Columbia, MO          2138948
                                            65202.
   4   USA Halloween     7800 Record       Indianapolis, IN       725457
        Planet Inc. dba   Street, Suite A.  46226.
        USA Fireworks.
   5   Arthur Rozzi      6607 Red Hawk Ct  Maineville, OH        2008107
        Pyrotechnics.                       45039.
------------------------------------------------------------------------

[FR Doc. 2015-07906 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 4910-EX-P


[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Rules and Regulations]
[Pages 57600-57602]
[FR Doc No: 2022-20432]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0798]
RIN 1625-AA00

Safety Zone; Corpus Christi Shipping Channel, Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Corpus Christi Shipping Channel in a zone
defined by the following coordinates; 27[deg]49'27.0'' N,
097[deg]08'38.5'' W; 27[deg]49'34.0'' N, 097[deg]08'41'' W;
27[deg]49'26.4'' N, 097[deg]08'29.1'' W; 27[deg]49'35.9'' N,
097[deg]08'31.7'' W. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
pipelines that will be removed from the floor of the Corpus Christi
Shipping Channel. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Corpus Christi or a designated representative.

DATES: This rule is effective without actual notice from September 21,
2022 through 3 p.m. on September 22, 2022. For the purposes of
enforcement, actual notice will be used from 9 a.m. on September 19,
2022 until September 21, 2022.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Anthony Garofalo, Sector Corpus
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. We must
establish this safety zone immediately to protect personnel, vessels,
and the marine environment from potential hazards created by pipeline
removal operations and lack sufficient time to provide a reasonable
comment period and then to consider those comments before issuing the
rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with pipeline removal operations in the Corpus Christi Shipping
Channel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Corpus Christi (COTP) has
determined that potential hazards associated with pipeline removal
operations occurring from 9 a.m. on September 19, 2022 through 3 p.m.
on September 22, 2022 will be a safety concern for anyone within the
Corpus Christi Shipping Channel in a zone defined by the following
coordinates; 27[deg]49'27.0'' N, 097[deg]08'38.5'' W; 27[deg]49'34.0''
N, 097[deg]08'41'' W; 27[deg]49'26.4'' N, 097[deg]08'29.1'' W;
27[deg]49'35.9'' N, 097[deg]08'31.7'' W. The purpose of this rule is to
ensure safety of vessels and persons on these navigable waters in the
safety zone while pipelines are removed from the floor of the Corpus
Christi Shipping Channel.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 9 a.m. on
September 19, 2022 through 3 p.m. on September 22, 2022 and will be
subject to enforcement from 9 a.m. to 3 p.m. each day. The safety zone
will encompass all navigable waters of the Corpus Christi Shipping
Channel in a zone defined by the following coordinates;
27[deg]49'27.0'' N, 097[deg]08'38.5'' W; 27[deg]49'34.0'' N,
097[deg]08'41'' W; 27[deg]49'26.4'' N, 097[deg]08'29.1'' W;
27[deg]49'35.9'' N, 097[deg]08'31.7'' W. The pipeline will be removed
along the floor of the Corpus Christi Shipping Channel. No vessel or
person is permitted to enter the temporary safety zone during the
effective period without obtaining permission from the COTP or a
designated representative, who may be contacted on Channel 16 VHF-FM
(156.8 MHz) or by telephone at<PHONE_NUMBER>. The Coast Guard will issue
Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety
Marine Information Broadcasts as appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. The temporary safety zone
will be enforced for a short period of only 6 hours each day. The rule
does not completely restrict the traffic within a waterway and allows
mariners to request permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, and Environmental Planning, COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishment of a temporary safety
zone for navigable waters of the Corpus Christi Shipping Channel in a
zone defined by the following coordinates; 27[deg]49'27.0'' N,
097[deg]08'38.5'' W; 27[deg]49'34.0'' N, 097[deg]08'41'' W;
27[deg]49'26.4'' N, 097[deg]08'29.1'' W; 27[deg]49'35.9'' N,
097[deg]08'31.7'' W. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
pipeline that will be removed from the floor of the Corpus Christi
Shipping Channel. It is categorically excluded from further review
under paragraph L60(c) Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T08-0798 to read as follows:

Sec.  165.T08-0798  Safety Zone; Corpus Christi Shipping Channel,
Corpus Christi, TX.

    (a) Location. The following area is a safety zone: all navigable
waters of the Corpus Christi Shipping Channel in a zone defined by the
following coordinates; 27[deg]49'27.0'' N, 097[deg]08'38.5'' W;
27[deg]49'34.0'' N, 097[deg]08'41'' W; 27[deg]49'26.4'' N,
097[deg]08'29.1'' W; 27[deg]49'35.9'' N, 097[deg]08'31.7'' W.

    (b) Enforcement period. This section will be enforced from 9 a.m.
to 3 p.m. daily on September 19, 2022 through September 22, 2022.
    (c) Regulations. (1) According to the general regulations in Sec.
165.23 of this part, entry into this temporary safety zone is
prohibited unless authorized by the Captain of the Port Sector Corpus
Christi (COTP) or a designated representative. They may be contacted on
Channel 16 VHF-FM (156.8 MHz) or by telephone at<PHONE_NUMBER>.
    (2) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine Information Broadcasts as appropriate.

J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2022-20432 Filed 9-20-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Notices]
[Pages 378-380]
[FR Doc No: 2019-28360]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87861; File No. SR-LTSE-2019-05]

Self-Regulatory Organizations; Long-Term Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Membership Waive-in Process for FINRA Members

December 27, 2019.
    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 December 20, 2019, Long-Term Stock Exchange, Inc. (``LTSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    LTSE proposes a rule change to adopt ``Special Application
Procedures'' for Exchange applicants that are already FINRA members and
to modify the Membership Application form to incorporate these new
procedures and to more generally align the form to be consistent with
other national securities exchanges.
    The text of the proposed rule change is available at the Exchange's
website at https://longtermstockexchange.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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.

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

1. Purpose
    Exchange Rule 2.170 prescribes the application procedures for
membership or to become an associated person of a member. The Exchange
is proposing to establish a new paragraph (b), entitled ``Special
Application Procedures for Applicants that are FINRA Members.'' \3\
Specifically, the proposed rule change states that such an applicant
will have the option to ``waive-in'' to become an Exchange Member and
to register with the Exchange all persons associated with it whose
registrations FINRA has approved (in categories recognized by the
Exchange's rules). The proposed rule change defines the term ``waive-
in'' to mean that the Exchange will rely substantially upon FINRA's
prior determination to approve the applicant for FINRA membership when
the

Exchange evaluates the applicant for Exchange membership. That is, the
Exchange will normally permit a FINRA member to waive-into Exchange
membership without conducting an independent examination of the
applicant's qualifications for membership on the Exchange, provided
that the Exchange is not otherwise aware of any basis set forth in Rule
2.160 to deny or condition approval of the application. Additionally,
implementation of the waive-in application process is facilitated by
and within the scope of the regulatory services agreement between LTSE
and FINRA; however, in all cases, LTSE will make the final
determination as to whether or not to approve an applicant.
---------------------------------------------------------------------------

    \3\ The proposed rule change is modeled on a similar change
adopted by the Nasdaq Stock Market LLC. See Securities Exchange Act
Release No. 34-85513 (April 4, 2019), 84 FR 14429 (April 10, 2019).
---------------------------------------------------------------------------

    Procedurally, the proposed rule change states that a FINRA member
that wishes to waive-into Exchange membership must do so by submitting
to the Exchange an application form designated by the Exchange. The
Exchange, in turn, will act upon a duly submitted waive-in application
by promptly notifying, in writing, the applicant of the Exchange's
determination.\4\ Finally, the proposed rule change states that a
decision issued under this provision shall have the same effectiveness
as set forth in renumbered paragraph (d) of Rule 2.170 and shall be
subject to the same procedures as those for denials of full
applications as set forth in renumbered paragraphs (e) and (f) of Rule
2.170.
---------------------------------------------------------------------------

    \4\ The Exchange does not propose to set a deadline because it
will be relying on FINRA to review waive-in applications on its
behalf and there are no timelines in the regulatory services
agreement covering this function. However, FINRA routinely provides
this service for clients and performs such services quickly. See id.
at 14433 n14 (``[Nasdaq] proposes this [20 day] time frame to
accommodate FINRA, which will review waive-in applications on behalf
of the [Nasdaq] to verify that the Applicants are FINRA members in
good standing. As a practical matter, [Nasdaq] expects to act on
waive-in applications prior to the 20 day deadline.'').
---------------------------------------------------------------------------

    The Exchange does not propose any additional changes to Rule 2.170,
other than to re-designate paragraphs in the rule to account for this
new paragraph (b). Additionally, cross-references to exact paragraphs
of Rule 2.170 in Supplementary Material .02 to Rule 5.160 and in Rule
9.522(a)(1) would be updated. Specifically, Supplementary Material .02
to Rule 5.160 would be updated to reference Rule 2.170(h) instead of
Rule 2.170(g), and Rule 9.522(a)(1) would be updated to reference Rule
2.170(e) instead of 2.170(d).
    The Exchange proposes to amend the Membership Application to add a
waive-in attestation requirement for FINRA member firms who are using
the ``Special Application Procedures.'' Additionally, the Exchange
proposes ministerial amendments to the Membership Application to update
the names of other self-regulatory organizations. Finally, the Exchange
proposes to amend the Application Checklist and Instructions to: (i)
Describe the availability of waive-in process; (ii) streamline the list
of supporting documents required for waive-in applicants in accordance
with the documents required by other national securities exchanges that
provide for waive-in membership; and (iii) update the list of
supporting documents required for non-waive-in applicants to conform to
the list of materials to those required by other national securities
exchanges.\5\
---------------------------------------------------------------------------

    \5\ See, e.g., Membership Application Form of Cboe BZX Exchange,
Inc., Cboe BYX Exchange, Inc., Cboe EDGA Exchange, Inc., and Cboe
EDGX Exchange, Inc., available at http://cdn.cboe.com/resources/membership/BATS_DirectEdge_Membership_Application.pdf.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\6\ Specifically, the Exchange believes the proposed rule change is
consistent with Section 6(b)(5) of the Act,\7\ 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. It also is consistent with Section 6(b)(7) of the Act
\8\ in that it provides for a fair procedure for denying Exchange
membership to any person who seeks it, barring any person from becoming
associated with an Exchange Member, and prohibiting or limiting any
person with respect to access to services offered by the Exchange or a
Member thereof, and Section 6(b)(2) of the Act \9\ in that it provides,
subject to Section 6(c) and the rules of the Exchange, that any broker
or dealer may become a member of the Exchange.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 15 U.S.C. 78f(b)(7).
    \9\ 15 U.S.C. 78f(b)(2).
---------------------------------------------------------------------------

    As a general matter, the Exchange believes that the proposed rule
change to amend its membership rules to provide for a ``waive-in''
process for FINRA is consistent with the requirements of Section
6(b)(5) of the Act in that it avoids duplication and unnecessary
burdens associated with the membership application process while
protecting investors and the public interest through the application of
FINRA's membership requirements. The proposed rule change also will
make compliance with the membership rules simpler and less burdensome
for applicants by providing consistency to the standards by which a
membership application is judged.
    Finally, the proposed rule change is consistent with the
requirements of Section 6(b)(7) of the Act in that it will not
adversely impact the rights of applicants to appeal adverse Exchange
decisions under this proposed Rule 2.170(b) or otherwise restrict
access to membership in the Exchange; to the contrary, providing for a
``waive-in'' process promotes and facilitates membership in the
Exchange in accordance with Section 6(b)(2) of the Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange also does not
expect that its proposed rule change will have any adverse competitive
impact on its prospective membership. In particular, the proposed rule
change will apply equally to all similarly situated applicants.
Moreover, the Exchange does not expect that the proposed rule change
will have an adverse impact on competition among exchanges for members;
to the contrary, the Exchange anticipates that by clarifying its
membership rules, and by making the Exchange's membership process less
burdensome for applicants, the Exchange will enhance its competitive
standing relative to other exchanges.

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

    Written comments were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii)

impose any significant burden on competition; and (iii) become
operative for 30 days from the date on which it was filed, or such
shorter time as the Commission may designate, if consistent with the
protection of investors and the public interest, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\12\ and Rule 19b-4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative for 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\15\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately. The Exchange requests
that the Commission waive the 30-day operative delay so that the
Exchange may afford the benefits of the ``waive-in'' membership process
earlier and minimize the burden on FINRA members in applying to become
a member of the Exchange. According to the Exchange, relieving this
burden as soon as possible is important to enable LTSE to promptly
establish the Exchange Board, of which Member Representative Directors
shall be at least twenty percent of the Board.\16\ For these reasons,
the Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission hereby waives the 30-day operative delay
and designates the proposal operative upon filing.\17\
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ See First Amended and Restated Bylaws of Long-Term Stock
Exchange, Inc., art. 3 Sec.  2 (Composition of the Board).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-LTSE-2019-05 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-LTSE-2019-05. 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-LTSE-2019-05, and should be submitted on
or before January 24, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12), (59).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2019-28360 Filed 1-2-20; 8:45 am]
 BILLING CODE 8011-01-P