[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Proposed Rules]
[Pages 49556-49559]
[FR Doc No: 2022-16680]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0991; Project Identifier AD-2022-00155-T]
RIN 2120-AA64

Airworthiness Directives; Learjet, Inc., Airplanes

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 all Learjet, Inc., Model 45 airplanes. This proposed AD was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. This proposed AD would require revising the
existing inspection program to incorporate reduced inspection intervals
for the anti-ice manifold assembly. 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 September
26, 2022.

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 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 Learjet,
Inc., One Learjet Way, Wichita, KS 67209-2942; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email [email protected]; internet
www.bombardier.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov by searching
for and locating Docket No. FAA-2022-0991; 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.

FOR FURTHER INFORMATION CONTACT: Adam Hein, Aerospace Engineer,
Mechanical Systems and Propulsion Section, FAA, Wichita ACO Branch,
1801 S Airport Road, Wichita, KS 67209; telephone<PHONE_NUMBER>;
email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0991; Project Identifier
AD-2022-00155-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
www.regulations.gov, including any personal information you provide.
The agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as

private, and that is relevant or responsive to this NPRM, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission containing CBI as ``PROPIN.''
The FAA will treat such marked submissions as confidential under the
FOIA, and they will not be placed in the public docket of this NPRM.
Submissions containing CBI should be sent to Adam Hein, Aerospace
Engineer, Mechanical Systems and Propulsion Section, FAA, Wichita ACO
Branch, 1801 S Airport Road, Wichita, KS 67209; telephone (316) 946-
4116; email: [email protected]. Any commentary that the FAA receives
that is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Background

    The FAA issued AD 2001-03-05, Amendment 39-12109 (66 FR 10353,
February 15, 2001) (AD 2001-03-05), for certain Learjet Model 45
airplanes. AD 2001-03-05 requires, among other actions, revising the
existing Learjet 45 maintenance program to incorporate additional
inspections and maintenance practices for the anti-ice manifold
assembly. AD 2001-03-05 resulted from anti-ice system difficulties on a
Learjet Model 45 airplane, generating a warning to the flightcrew of an
overheat condition of the horizontal stabilizer. The FAA issued AD
2001-03-05 to address metal fragments breaking off the anti-ice
manifold assembly due to fatigue, which could block a duct in the anti-
ice system and result in an unannunciated loss of ice protection.
    AD 2001-03-05 mandates a 600-hour repetitive inspection interval of
an earlier design/part number of the anti-ice manifold as specified in
the Learjet 45 maintenance program revision. The part was subsequently
redesigned outside the scope of AD 2001-03-05, and the inspection
interval for airplanes with the redesigned part was extended to 1,200
flight hours by Learjet.
    Since the FAA issued AD 2001-03-05, the design approval holder
determined that the design improvements made to the anti-ice manifold
assembly did not fully address the original issue of vane cracking, so
the 1,200-hour inspection on the redesigned part is insufficient.
However, the FAA determined that a repetitive inspection interval of
600 flight hours is sufficient to address the unsafe condition.
Therefore, this proposed AD would require revising the existing
inspection program to incorporate a reduced 600-hour inspection
interval for the redesigned part. Accomplishing the proposed actions
would terminate the requirements of paragraph (c) of AD 2001-03-05.
    The FAA is proposing this AD to address metal fragments breaking
off the anti-ice manifold assembly due to fatigue, which could block a
duct in the anti-ice system and result in an unannunciated loss of ice
protection and subsequent loss of control of the airplane.

FAA's Determination

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

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Learjet 40 Maintenance Manual Temporary Revision
(TR) 04-33 and Learjet 45 Maintenance Manual TR 04-48, both dated
January 18, 2022. This service information specifies reduced inspection
intervals for the anti-ice manifold assembly.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the existing inspection
program to incorporate reduced inspection intervals for the anti-ice
manifold assembly.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(k) of this proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 443 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection program revision...........  1 work-hour x $85 per                 $0             $85         $37,655
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Learjet, Inc.: Docket No. FAA-2022-0991; Project Identifier AD-2022-
00155-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 26, 2022.

(b) Affected ADs

    This AD affects AD 2001-03-05, Amendment 39-12109 (66 FR 10353,
February 15, 2001) (AD 2001-03-05).

(c) Applicability

    This AD applies to all Learjet, Inc., Model 45 (Learjet 40),
Model 45 (Learjet 45), Model 45 (Learjet 70), and Model 45 (Learjet
75) airplanes, serial numbers 45-002 through 45-556 inclusive, and
45-2001 through 45-2146 inclusive, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address metal fragments breaking off the anti-ice
manifold assembly due to fatigue, which could block a duct in the
anti-ice system and result in an unannunciated loss of ice
protection and subsequent loss of control of the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    (1) For Learjet 40 and 45 variants: Within 60 days after the
effective date of this AD, revise the existing inspection program by
incorporating the information in Learjet 40 Maintenance Manual
Temporary Revision (TR) 04-33 or Learjet 45 Maintenance Manual TR
04-48, both dated January 18, 2022, as applicable. The initial
compliance time for the inspection is at the applicable time
specified in paragraph (g)(1)(i) or (ii) of this AD.
    (i) For airplanes with more than 600 flight hours since the most
recent inspection of the anti-ice manifold assembly was performed as
of the effective date of this AD: Do the inspection within 100
flight hours or 60 days after the effective date of this AD,
whichever occurs first.
    (ii) For airplanes with 600 flight hours or less since the most
recent inspection of the anti-ice manifold assembly was performed as
of the effective date of this AD: Do the inspection within 600
flight hours after the most recent inspection or within 100 flight
hours after the effective date of this AD, whichever occurs later.
    (2) For Learjet 70 and 75 variants: Within 60 days after the
effective date of this AD, revise the existing inspection program to
incorporate the information identified in figure 1 to paragraph
(g)(2) of this AD. The initial compliance time for the inspection is
at the applicable time specified in paragraph (g)(2)(i) or (ii) of
this AD.
[GRAPHIC] [TIFF OMITTED] TP11AU22.012

    (i) For airplanes with more than 600 flight hours since the most
recent inspection of the anti-ice manifold assembly was performed as
of the effective date of this AD: Do the inspection within 100
flight hours or 60 days after the effective date of this AD,
whichever occurs first.
    (ii) For airplanes with 600 flight hours or less since the most
recent inspection of the anti-ice manifold assembly was performed as
of the effective date of this AD: Do the inspection within 600
flight hours after the most recent inspection or within 100 flight
hours after the effective date of this AD, whichever occurs later.

(h) No Alternative Actions or Intervals

    After the existing inspection program has been revised as
required by paragraph (g) of this AD, no alternative actions (e.g.,
inspections) or intervals, may be used unless the actions and
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (k) of this
AD.

(i) Terminating Action for Paragraph (c) of AD 2001-03-05

    Accomplishing the revision of the existing inspection program
required by paragraph (g) of this AD terminates the requirements of
paragraph (c) of AD 2001-03-05.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to a location where the
airplane can be inspected, provided the airplane is restricted from
flying into known icing conditions.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (l)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.

(l) Related Information

    (1) For more information about this AD, contact Adam Hein,
Aerospace Engineer,

Mechanical Systems and Propulsion Section, FAA, Wichita ACO Branch,
1801 S Airport Road, Wichita, KS 67209; telephone<PHONE_NUMBER>;
email: [email protected].
    (2) For service information identified in this AD, contact
Learjet, Inc., One Learjet Way, Wichita, KS 67209-2942; telephone
316-946-2000; fax<PHONE_NUMBER>; email [email protected];
internet www.bombardier.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on July 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-16680 Filed 8-10-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 4, 2009 (Volume 74, Number 212)]
[Rules and Regulations]
[Page 57061-57062]
[DOCID:fr04no09-4]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 080211163-91379-03]
RIN 0694-AE18

Encryption Simplification

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correcting amendment.

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SUMMARY: The Bureau of Industry and Security (BIS) published a final
rule in the Federal Register on Thursday, October 15, 2009 (74 FR
52880) that amended the Export Administration Regulations (EAR) to
finalize and correct errors in an interim final rule entitled
``Encryption Simplification'' on October 3, 2008 (73 FR 57495). That
final rule contained one error in the amendatory instruction used for
revising one section. This error in the amendatory instruction led to
the unintentional removal of the wrong sentence. This document corrects
that amendatory instruction error by adding back the sentence that was
removed and removing the intended sentence from that section.
    In addition, this rule clarifies references in the preamble to an
amendment to part 736 that should have been removed. The instruction to
amend part 736 was removed from the rule prior to publication, because
the amendment had already been made. No action is necessary to correct
this mistake, as it did not affect the Code of Federal Regulations
(CFR).

DATES: Effective Date: This rule is effective: November 4, 2009.

ADDRESSES: Although there is no formal comment period, public comments
on this regulation are welcome on a continuing basis. Comments should
be submitted to Sharron Cook, Office of Exporter Services, Bureau of
Industry and Security, Department of Commerce, 14th and Pennsylvania
Ave., NW., Room 2705, Washington, DC 20230. Send comments regarding the
collection of information to Jasmeet Seehra, Office of Management and
Budget (OMB), by e-mail to<EMAIL_ADDRESS>or by fax to (202) 395-
7285; and to the Regulatory Policy Division, Bureau of Industry and
Security, U.S. Department of Commerce, 14th St. & Pennsylvania Avenue,
NW., Room H2705, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Sharron Cook, Office of Exporter
Services, Bureau of Industry and Security, U.S. Department of Commerce;
by telephone:<PHONE_NUMBER>; or by fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On October 15, 2009, the final rule, ``Encryption Simplification
Rule: Final'' was published in the Federal Register (74 FR 52880). BIS
intended to remove the sentence that reads ``Section 744.9 prohibits
U.S. persons from providing technical assistance to certain foreign
persons seeking to develop or manufacture certain encryption
commodities or software.'' However, due to an error in the amendatory
instructions, the incorrect sentence was removed. This rule corrects
that amendatory instruction error by adding back the sentence that
reads ``Section 744.6 prohibits certain activities by U.S. persons in
support of certain nuclear, missile, chemical, or biological end-
uses.'' and removing the sentence that was intended to be removed.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 13, 2009
(74 FR 41,325 (August 14, 2009)), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act.

Rulemaking Requirements

    1. This final correction rule has been determined to be not
significant for purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.) (PRA), unless that collection of information displays a
currently valid Office of Management and Budget (OMB) Control Number.
This rule involves two collections of information subject to the PRA.
One of the collections has been approved by OMB under control number
0694 0088, ``Multi Purpose Application,'' and carries a burden hour
estimate of 58 minutes for a manual or electronic submission. The other
collection has been approved by OMB under control number 0694-0104,
``Commercial Encryption Items Under the Jurisdiction of the Department
of Commerce,'' and carries a burden hour estimate of 7 hours for a
manual or electronic submission. Send comments regarding these burden
estimates or any other aspect of these collections of information,
including suggestions for reducing the burden, to Jasmeet Seehra, OMB
Desk Officer, by e-mail at<EMAIL_ADDRESS>or by fax to (202) 395-
7285; and to the Office of Administration, Bureau of Industry and
Security, Department of Commerce, 14th and Pennsylvania Avenue, NW.,
Room 6622, Washington, DC 20230.
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore,
this correction regulation is issued in final form. Although there is
no formal comment period, public comments on this regulation are
welcome on a continuing basis. Comments should be submitted to Sharron
Cook, Office of Exporter Services, Bureau of Industry and Security,
Department of Commerce, 14th and Pennsylvania Ave., NW., Room 2705,
Washington, DC 20230.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

0
Accordingly, part 744 of the Export Administration Regulations (15 CFR
parts 730-774) is corrected by making the following correcting
amendment:

PART 744--[AMENDED]

0
1. The authority citation for part 744 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August 13, 2009, 74 FR 41,325
(August 14, 2009); November 10, 2008, 73 FR 67097 (November 12,
2008).

Sec.  744.1  [Amended]

0
2. Section 744.1 is amended by revising paragraph (a)(1) to read as
follows:

Sec.  744.1  General provisions.

    (a)(1) Introduction. In this part, references to the EAR are
references to 15 CFR chapter VII, subchapter C. This part contains
prohibitions against exports, reexports, and selected transfers to
certain end-users and end-uses as introduced under General Prohibition
Five (End-use/End-users) and Nine (Orders, Terms, and Conditions),
unless authorized by BIS. Sections 744.2, 744.3, 744.4 prohibit
exports, reexports and transfers (in-country) of items subject to the
EAR to defined nuclear, missile, and chemical and biological
proliferation activities. Section 744.5 prohibits exports, reexports
and transfers (in-country) of items subject to the EAR to defined
nuclear maritime end-uses. Section 744.6 prohibits certain activities
by U.S. persons in support of certain nuclear, missile, chemical, or
biological end-uses. Section 744.7 prohibits exports and reexports of
certain items for certain aircraft and vessels. Section 744.8 prohibits
exports and reexports without authorization to certain parties who have
been designated as proliferators of weapons of mass destruction or as
supporters of such proliferators pursuant to Executive Order 13382.
Section 744.10 prohibits exports and reexports of any item subject to
the EAR to Russian entities, included in Supplement No. 4 of this part.
Section 744.11 imposes license requirements, to the extent specified in
Supplement No. 4 to this part on entities listed in Supplement No. 4 to
this part for activities contrary to the national security or foreign
policy interests of the United States. Sections 744.12, 744.13 and
744.14 prohibit exports and reexports of any item subject to the EAR to
persons designated as Specially Designated Global Terrorists, Specially
Designated Terrorists, or Foreign Terrorist Organizations,
respectively. Section 744.16 sets forth the right of a party listed in
Supplement No. 4 to this part to request that its listing be removed or
modified. Section 744.19 sets forth BIS's licensing policy for
applications for exports or reexports when a party to the transaction
is an entity that has been sanctioned pursuant to any of three
specified statutes that require certain license applications to be
denied. Section 744.20 requires a license, to the extent specified in
Supplement No. 4 to this part, for exports and reexports of items
subject to the EAR destined to certain sanctioned entities listed in
Supplement No. 4 to this part. Section 744.15 describes restrictions on
exports and reexports to persons named in general orders. In addition,
these sections include license review standards for export license
applications submitted as required by these sections. It should also be
noted that part 764 of the EAR prohibits exports, reexports and certain
transfers of items subject to the EAR to denied parties.
* * * * *

    Dated: October 30, 2009.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. E9-26542 Filed 11-3-09; 8:45 am]

BILLING CODE 3510-33-P


[Federal Register Volume 85, Number 241 (Tuesday, December 15, 2020)]
[Notices]
[Page 81199]
[FR Doc No: 2020-27529]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC21-33-000.
    Applicants: Altavista Solar, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Altavista Solar, LLC under EC21-33.
    Filed Date: 12/8/20.
    Accession Number: 20201208-5199.
    Comments Due: 5 p.m. ET 12/29/20.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER15-632-010; ER15-634-010; ER14-2465-011; ER14-
2466-011; ER15-1952-008; ER14-2939-008; ER15-2728-010; ER14-2140-010;
ER14-2141-010.
    Applicants: CID Solar, LLC, Cottonwood Solar, LLC, RE Columbia Two,
LLC, RE Camelot, LLC, Pavant Solar, LLC, Imperial Valley Solar Company
(IVSC) 2, LLC, Maricopa West Solar PV, LLC, Mulberry Farm, LLC, Selmer
Farm, LLC.
    Description: Response to November 6, 2020 Deficiency Letter of
Dominion Energy Companies, et al.
    Filed Date: 12/7/20.
    Accession Number: 20201207-5236.
    Comments Due: 5 p.m. ET 12/28/20.

    Docket Numbers: ER19-1474-002; ER19-1473-002; ER20-1629-001; ER19-
1179-002.
    Applicants: AES Huntington Beach Energy, LLC, AES Alamitos Energy,
LLC, AES ES Alamitos, LLC, AES ES Gilbert, LLC.
    Description: Notice of Non-Material Change in Status of AES
Huntington Beach Energy, LLC et al.
    Filed Date: 12/9/20.
    Accession Number: 20201209-5103.
    Comments Due: 5 p.m. ET 12/30/20.

    Docket Numbers: ER21-614-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA, Service
Agreement No. 5855; Queue No. AF2-100 to be effective 11/10/2020.
    Filed Date: 12/9/20.
    Accession Number: 20201209-5133.
    Comments Due: 5 p.m. ET 12/30/20.

    Take notice that the Commission received the following PURPA
210(m)(3) filings:

    Docket Numbers: QM21-1-000.
    Applicants: East Texas Electric Cooperative, Inc., Northeast Texas
Electric Cooperative Inc.
    Description: Application of East Texas Electric Cooperative, Inc.
and Northeast Texas Electric Cooperative, Inc. to Terminate Their
Mandatory Purchase Obligation under the Public Utility Regulatory
Policies Act of 1978.
    Filed Date: 12/9/20.
    Accession Number: 20201209-5144.
    Comments Due: 5 p.m. ET 1/6/21.

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

    Dated: December 9, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-27529 Filed 12-14-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Notices]
[Pages 83179-83180]
[FR Doc No: 2023-26118]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 35055; 812-15514]

IndexIQ Active ETF Trust and IndexIQ Advisors LLC

November 21, 2023.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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

    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act, as well as from certain disclosure requirements in rule 20a-1
under the Act, Item 19(a)(3) of Form N-1A, Items 22(c)(1)(ii),
22(c)(1)(iii), 22(c)(8) and 22(c)(9) of Schedule 14A under the
Securities Exchange Act of 1934, and sections 6-07(2)(a), (b), and (c)
of Regulation S-X (``Disclosure Requirements'').

 Summary of Application: The requested exemption would permit
Applicants to enter into and materially amend subadvisory agreements
with subadvisers without shareholder approval and would grant relief
from the Disclosure Requirements as they relate to fees paid to the
subadvisers.

 Applicants: IndexIQ Active ETF Trust and IndexIQ Advisors LLC.

 Filing Dates: The application was filed on October 12, 2023.

 Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the SEC's Secretary at [email protected] and serving the
Applicants with a copy of the request by email, if an email address is
listed for the relevant Applicant below, or personally or by mail, if a
physical address is listed for the relevant Applicant below. Hearing
requests should be received by the Commission by 5:30 p.m. on December
18, 2023, and should be accompanied by proof of service on the
Applicants, in the form of an affidavit, or, for lawyers, a certificate
of service. Pursuant to rule 0-5 under the Act, hearing requests should

state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicants:
Matthew V. Curtin, Esq., IndexIQ Advisors, [email protected] and
Barry I. Pershkow, Chapman and Cutler LLP, [email protected].

FOR FURTHER INFORMATION CONTACT: Trace W. Rakestraw, Senior Special
Counsel, at<PHONE_NUMBER> (Division of Investment Management, Chief
Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' application,
dated October 12, 2023, which may be obtained via the Commission's
website by searching for the file number at the top of this document,
or for an Applicant using the Company name search field on the SEC's
EDGAR system. The SEC's EDGAR system may be searched at https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may also
call the SEC's Public Reference Room at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023-26118 Filed 11-27-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Notices]
[Page 59945]
[FR Doc No: 2017-27042]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Thirteenth RTCA SC-230 Airborne Weather Detection Systems Plenary

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Thirteenth RTCA SC-230 Airborne Weather Detection Systems
Plenary.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of Thirteenth RTCA SC-230 Airborne Weather Detection Systems
Plenary.

DATES: The meeting will be held January 10-11, 2018 11:00 a.m.-2:00
p.m.

ADDRESSES: The meeting will be held at: Virtual: https://rtca.webex.com/rtca/j.php?MTID=m06b838012ad10a9ef5a8c305a58ce21f, Join
by phone: U.S./Canada Toll Free: 1-855-358-5393, Meeting ID: 635 383
355, Password: BavWpZr3.

FOR FURTHER INFORMATION CONTACT: Karan Hofmann at [email protected] or
202-330-0680, or The RTCA Secretariat, 1150 18th Street NW, Suite 910,
Washington, DC, 20036, or by telephone at<PHONE_NUMBER>, fax at (202)
833-9434, or website at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of the Thirteenth RTCA SC-230 Airborne
Weather Detection Systems Plenary. The agenda will include the
following:

Wednesday, January 10, 2018--11:00 a.m.-2:00 p.m.

1. Welcome and Administrative Remarks
2. Introductions
3. Agenda Review
4. Meeting Minutes Review and Approval of last Plenary
5. Review of proposed Change 1 for DO-220A and DO-213A
6. Discussion on PWS, ADWRS, and Turbulence files availability

Thursday, January 11, 2018--11:00 a.m.-2:00 p.m.

1. Review of proposed Change 1 for DO-220A and DO-213A
2. Decision to approve release of DO-220A and DO-213A FOR FINAL REVIEW
AND COMMENT
3. Action Item Review
4. Any other Business
5. Date and Place of Next Meeting
6. Adjourn

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on December 12, 2017.
Mohannad Dawoud,
Management & Program Analyst, Partnership Contracts Branch, ANG-A17,
NextGen, Procurement Services Division, Federal Aviation
Administration.
[FR Doc. 2017-27042 Filed 12-14-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Proposed Rules]
[Page 41829]
[FR Doc No: E9-19857]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0024; FRL-8943-8]

Withdrawal of Proposed Rule Revising the California State
Implementation Plan; San Joaquin Valley Unified Air Pollution Control
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of proposed rule.

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SUMMARY: On July 14, 2009 (74 FR 33950), EPA published a rule proposing
limited approval and limited disapproval of a revision to the San
Joaquin Valley Unified Air Pollution Control District (SJVUAPCD)
portion of the California State Implementation Plan. The revision
concerned SJVUAPCD Rule 3170, Federally Mandated Ozone Nonattainment
Fee. We are withdrawing this previously published rule, and in this
Federal Register, we are publishing a proposed rule that replaces the
July 14, 2009, proposed rule.

DATES: The proposed rule published on July 14, 2009 (74 FR 33950) is
withdrawn as of August 19, 2009.

FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947-
4124<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On July 14, 2009 (74 FR 33950), EPA proposed
limited approval and limited disapproval of SJVUAPCD Rule 3170,
Federally Mandated Ozone Nonattainment Fee. Rule 3170 is a local fee
rule that applies to major sources of volatile organic compound and
nitrogen oxide emissions within the San Joaquin Valley ozone
nonattainment area. Due to a clerical error, the proposed rule that was
published on July 14, 2009, was inconsistent with the signed document.
Consequently, we are withdrawing the rule proposed on July 14, 2009,
and in this Federal Register, we are publishing the proposed rule as
originally signed. The rule being proposed in this Federal Register
replaces the following rule published on July 14, 2009:
    Title: Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District (Proposed rule,
74 FR 33950, July 14, 2009, EPA-R09-OAR-2009-0024).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: July 30, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E9-19857 Filed 8-18-09; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 5, 2010 (Volume 75, Number 43)]
[Notices]
[Page 10336-10338]
[DOCID:fr05mr10-145]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61609; File No. SR-NYSE-2010-13]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC To
Extend the Pilot Program in Relation to Certain of Its Continued
Listing Standards

March 1, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Exchange Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is
hereby given that, on February 25, 2010, New York Stock Exchange LLC
(the ``NYSE'' or the ``Exchange'') filed with the Securities and
Exchange Commission the proposed rule changes as described in Items I
and II below, which items have been prepared by the Exchange. The
Exchange has designated this proposal eligible for immediate
effectiveness pursuant to Rule 19b-4(f)(6) \4\ under the Exchange Act.
The Commission is publishing this notice to solicit comments on the
proposed rule changes from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes extend [sic] until June 30, 2010, the
operation of an amendment to the continued listing requirements in
Section 802.01B of the Exchange's Listed Company Manual (the
``Manual'') that is currently in effect on a pilot program basis (the
``Pilot Program'').
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.nyse.com), at the Exchange's Office of the
Secretary and at the Commission's Public Reference room.

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

    In its filing with the Commission, the 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 NYSE 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
    The NYSE proposes to extend until June 30, 2010, the Pilot Program
currently in effect in relation to the continued listing requirements
in Section 802.01B of the Manual.
    Prior to the adoption of the Pilot Program,\5\ Section 802.01B(I)
of the Manual provided that any company that qualified to list under
the Earnings Test set out in Section 102.01C(I) or in Section
103.01B(I) (in the case of foreign private issuers) or pursuant to the
requirements set forth under the Assets and Equity Test set forth in
Section 102.01C(IV) or the ``Initial Listing Standard for Companies
Transferring from NYSE Arca'' (the ``NYSE Arca Transfer Standard'') set
forth in Section 102.01(C)(V) (the NYSE Arca Transfer Standard expired
by its terms on August 31, 2009) was considered to be below compliance
standards if such company's average global market capitalization over a
consecutive 30 trading-day period was less than $75 million and, at the
same time, total stockholders' equity was less than $75 million. Under
the Pilot Program, companies that listed under the initial listing
standards set forth in the immediately preceding sentence are
considered to be below compliance standards if average global market
capitalization over a consecutive 30 trading-day period is less than
$50 million and, at the same time, total stockholders' equity is less
than $50

million. The Pilot Program originally expired by its terms on October
31, 2009, but the Exchange extended its application for an additional
five months, until February 28, 2010.\6\ The Exchange now proposes to
extend the Pilot Program until June 30, 2010. The Exchange is
submitting a filing concurrently with this filing in which it proposes
to make the Pilot Program permanent.\7\ If the SEC approves that filing
prior to June 30, 2010, the Pilot Program will expire and the amendment
to Section 802.01B(I) will become permanent at that time.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 59996 (May 28,
2009), 74 FR 26912 (June 4, 2009) (SR-NYSE-2009-48) (the ``Pilot
Program Notice'').
    \6\ See Securities Exchange Act Release No. 60911 (November 2,
2009), 74 FR 57730 (November 9, 2010) (SR-NYSE-2009-109).
    \7\ The Commission notes that on February 26, 2010, the Exchange
submitted a proposed rule change to make the Pilot Program
permanent. (See SR-NYSE-2010-15).
---------------------------------------------------------------------------

    For companies listed under the Earnings Test, the Pilot Program
returned continued listing requirements to those in place prior to the
adoption of the current requirements on June 9, 2005.\8\ Consequently,
prior to implementation of the Pilot Program, the Exchange had
considerable historical experience with the continued listing of
companies that had continued to trade on the Exchange with global
market capitalization and stockholders' equity each below $75 million
but greater than $50 million. In addition, the Exchange's experience
under the Pilot Program has been very positive, as only one of the
companies that was deemed back in compliance as a result of the
adoption of the Pilot Program has subsequently fallen below the
standard as amended by the Pilot Program as of the date of this filing
and only two additional companies have been newly identified as being
below the Pilot Program standard. Based on this experience, the
Exchange believes that companies that exceed the continued listing
standards as amended by the Pilot Program are suitable for continued
listing on the Exchange.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 51813 (June 9,
2005), 70 FR 35484 (June 20, 2005) (SR-NYSE-2004-20). The Assets and
Equity Test set forth in Section 102.01C(IV) and the NYSE Arca
Transfer Standard set forth in Section 102.01C(V) were adopted
subsequent to this amendment.
---------------------------------------------------------------------------

    The Exchange believes that the continued listing standards as
amended by the Pilot Program are at least as stringent as those of any
other national securities exchange. Consequently, the Exchange believes
that the Pilot Program is consistent with the protection of investors
and the public interest and does not raise any novel regulatory issues.
In addition, the Exchange notes that the Commission stated in the Pilot
Program Notice \9\ that it believed that the continued listing
standards adopted under the Pilot Program met the requirements
established in Exchange Act Rule 3a51-1(a)(2)(ii) \10\ in that they
were reasonably related to the initial listing standards set forth in
paragraph (a)(20)(i)[sic] of Exchange Act Rule 3a51-1 (the ``Penny
Stock Rule'').\11\
---------------------------------------------------------------------------

    \9\ See the Pilot Program Notice at Note 5.
    \10\ 17 CFR 240.a51-1(a)(2)(ii). [sic]
    \11\ 17 CFR 240.a51-1. [sic]
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) \12\ of the Exchange Act, in general, and furthers
the objectives of Section 6(b)(5) \13\ of the Exchange Act in
particular in that it is designed to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The Exchange believes that
the proposed extension to the Pilot Program is consistent with the
investor protection objectives of the Exchange Act in that the
continued listing standards under the Pilot Program are set at a high
enough level that only companies that are suitable for continued
listing on the Exchange will exceed the standards.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) \14\ of the Act and Rule 19b-4(f)(6)
thereunder.\15\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
may not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \17\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange requests that the
Commission waive the 30-day operative delay, as specified in Rule 19b-
4(f)(6)(iii),\18\ which would make the rule change operative upon
filing.
---------------------------------------------------------------------------

    \16\ Id.
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ Id.
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because such waiver will allow the current Pilot Program to continue
without interruption. The Commission notes that the standards under the
Pilot Program are identical, for those companies qualifying under the
Earnings Test, to those in effect on the Exchange prior to the adoption
of the current standards in 2005.\19\ The NYSE represents that the
continued listing standards proposed under the Pilot Program are at
least as stringent as those of any other national securities exchange.
In addition, the Commission notes that the pilot period will allow the
NYSE and the Commission to continue to assess the new continued listing
standards. For these reasons, the Commission designates the proposed
rule change operative upon filing.\20\
---------------------------------------------------------------------------

    \19\ See Securities Exchange Act Release No. 51813 (June 9,
2005), 70 FR 35484 (June 20, 2005) (SR-NYSE-2004-20).
    \20\ For purposes only of waiving the operative delay for this
proposal, 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 such 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 Exchange 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-NYSE-2010-13 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-NYSE-2010-13. 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, 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-
NYSE-2010-13 and should be submitted on or before March 26, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-4659 Filed 3-4-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Notices]
[Pages 42784-42785]
[FR Doc No: 2014-17299]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC14-112-000.
    Applicants: PPL Corporation, RJS Power Holdings LLC.
    Description: Application for Approval Pursuant to Section 203 of
the Federal Power Act of PPL Corporation and RJS Power Holdings LLC.
    Filed Date: 7/15/14.
    Accession Number: 20140715-5153.
    Comments Due: 5 p.m. ET 9/15/14.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG14-77-000.
    Applicants: Palo Duro Wind Energy, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Palo Duro Wind Energy, LLC.
    Filed Date: 7/16/14.

    Accession Number: 20140716-5118.
    Comments Due: 5 p.m. ET 8/6/14.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-3731-007.
    Applicants: LWP Lessee, LLC.
    Description: Supplement to June 9, 2014 Notice of Non-Material
Change in Status of LWP Lessee, LLC.
    Filed Date: 7/7/14.
    Accession Number: 20140707-5092.
    Comments Due: 5 p.m. ET 7/28/14.

    Docket Numbers: ER13-187-009.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-07-14--Regional Order 1000 Compliance Filing to
be effective 6/1/2013.
    Filed Date: 7/14/14.
    Accession Number: 20140714-5236.
    Comments Due: 5 p.m. ET 8/4/14.

    Docket Numbers: ER13-1266-003; ER13-1267-002; ER13-1268-002; ER13-
1269-002; ER13-1270-002; ER13-1271-002; ER13-1272-002; ER13-1273-002;
ER13-1441-002; ER13-1442-002; ER10-2474-006; ER10-2475-006; ER10-3246-
003; ER10-2605-006; ER12-1626-003; ER13-520-002; ER13-521-002.
    Applicants: Nevada Power Company, Sierra Pacific Power Company,
PacifiCorp, Agua Caliente Solar, LLC, Pinyon Pines Wind I, LLC, Pinyon
Pines Wind II, LLC, Solar Star California XIX, LLC, Solar Star
California XX, LLC, Topaz Solar Farms LLC, CalEnergy, LLC, CE Leathers
Company, Del Ranch Company, Elmore Company, Fish Lake Power LLC, Salton
Sea Power Generation Company, Salton Sea Power L.L.C., Vulcan/BN
Geothermal Power Company, Yuma Cogeneration Associates.
    Description: Supplement to January 2, 2014 Notification of change
of the MidAmerican MBR Sellers under ER10-2475, et. al.
    Filed Date: 7/16/14.
    Accession Number: 20140716-5129.
    Comments Due: 5 p.m. ET 8/6/14.

    Docket Numbers: ER14-1736-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-07-16--Cost Recovery Mechanism Compliance Filing
to be effective 1/29/2014.
    Filed Date: 7/16/14.
    Accession Number: 20140716-5090.
    Comments Due: 5 p.m. ET 8/6/14.

    Docket Numbers: ER14-2283-001.
    Applicants: Alabama Power Company.
    Description: SMEPA NITSA Amendment to 6/27 Amendment Filing to be
effective 6/23/2014.
    Filed Date: 7/16/14.
    Accession Number: 20140716-5000.
    Comments Due: 5 p.m. ET 8/6/14.

    Docket Numbers: ER14-2436-000.
    Applicants: Brookfield Smoky Mountain Hydropower LLC.
    Description: BSMH MBR Filing to be effective 7/16/2014.
    Filed Date: 7/15/14.
    Accession Number: 20140715-5135.
    Comments Due: 5 p.m. ET 8/5/14.

    Docket Numbers: ER14-2437-000.
    Applicants: Brookfield White Pine Hydro LLC.
    Description: Brookfield White Pine Hydro LLC to be effective 7/16/
2014.
    Filed Date: 7/15/14.
    Accession Number: 20140715-5139.
    Comments Due: 5 p.m. ET 8/5/14.

    Docket Numbers: ER14-2438-000.
    Applicants: ITC Midwest LLC.
    Description: Filing of Dark Fiber Agreement to be effective 9/13/
2014.
    Filed Date: 7/15/14.
    Accession Number: 20140715-5144.
    Comments Due: 5 p.m. ET 8/5/14.

    Docket Numbers: ER14-2439-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-07-16--SA 2677 GRE-Pleasant Valley Wind GIA
(J278) to be effective 7/17/2014.
    Filed Date: 7/16/14.
    Accession Number: 20140716-5121.
    Comments Due: 5 p.m. ET 8/6/14.

    Docket Numbers: ER14-2440-000.
    Applicants: ISO New England Inc.
    Description: Rev to Allow a Non-Comm. Cap. Res. to Seek a One-Year
Deferral to be effective 7/17/2014.
    Filed Date: 7/16/14.
    Accession Number: 20140716-5124.
    Comments Due: 5 p.m. ET 8/6/14.

    Docket Numbers: ER14-2441-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Formula Rate Compliance Filing Correction re Viewer to
be effective 1/31/2013.
    Filed Date: 7/16/14
    Accession Number: 20140716-5126

    Comments Due: 5 p.m. ET 8/6/14

    Docket Numbers: ER14-2442-000
    Applicants: Florida Power & Light Company
    Description: FPL Revisions to FKEC Rate Schedule No. 322 to be
effective 1/1/2013.
    Filed Date: 7/16/14
    Accession Number: 20140716-5127
    Comments Due: 5 p.m. ET 8/6/14

    Docket Numbers: ER14-2443-000
    Applicants: Carr Street Generating Station, L.P.
    Description: Carr Street Generating Station, L.P. MBR Filing to be
effective 7/16/2014.
    Filed Date: 7/16/14
    Accession Number: 20140716-5148
    Comments Due: 5 p.m. ET 8/6/14

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

    Dated: July 16, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-17299 Filed 7-22-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Rules and Regulations]
[Pages 10-11]
[FR Doc No: 2015-33070]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-1098]

Drawbridge Operation Regulation; Three Mile Slough, Rio Vista, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Highway 160 drawbridge across Three
Mile Slough, mile 0.1, at Rio Vista, CA. The deviation is necessary to
allow the bridge owner to make necessary bridge maintenance repairs.
This deviation allows the bridge to be secured in the closed-to-
navigation position during the deviation period.

DATES: This deviation is effective from 12:01 a.m. on January 5, 2016
to 11:59 p.m. on April 10, 2016.

ADDRESSES: The docket for this deviation, [USCG-2015-1098], is
available at http://www.regulations.gov. Type the docket number in the
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the
line associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The California Department of Transportation
has requested a temporary change to the operation of the Highway 160
drawbridge, mile 0.1, over Three Mile Slough, at Rio Vista, CA. The
drawbridge navigation span provides 12 feet vertical clearance above
Mean High Water in the closed-to-navigation position. In accordance
with 33 CFR 117.5, the draw opens on signal. Navigation on the waterway
is commercial, search and rescue, law enforcement, and recreational.
    The drawbridge will be secured in the closed-to-navigation position
from 12:01 a.m. on January 5, 2016 to 11:59 p.m. on April 10, 2016, to
allow the bridge owner to perform sand blasting and painting
rehabilitation. A containment scaffolding system will be installed
below low steel of the entire length of the bridge structure, reducing
vertical clearance for navigation by not more than 4 feet, and will be
lighted at night with red lights. This temporary deviation has been
coordinated with the waterway users. No objections to the proposed
temporary deviation were raised.
    Vessels able to pass through the bridge in the closed position may
do so at any time. The bridge will not be able to open for emergencies.
The confluence of the San Joaquin and Sacramento rivers can be used as
an alternate route for vessels unable to pass through the bridge in the
closed position. The Coast Guard will also inform waterway users
through our Local and Broadcast Notices to Mariners of the change in
operating schedule for the bridge so that vessel operators can arrange
their transits to minimize any impact caused by the temporary
deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: December 15, 2015.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2015-33070 Filed 12-31-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Notices]
[Page 13299]
[FR Doc No: 2014-05099]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL 9907-60-OA]

Meetings of the Local Government Advisory Committee and the Small
Communities Advisory Subcommittee

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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

SUMMARY: The Small Communities Advisory Subcommittee (SCAS) will meet
in Washington, DC, on Wednesday, March 26, 2014, 11:00 a.m.-12:30 p.m.
(EST). The Subcommittee will discuss training related to decentralized
wastewater treatment; affordability; and other issues and
recommendations to the Administrator regarding environmental issues
affecting small communities. The Local Government Advisory Committee
(LGAC) will meet in Washington, DC, on Thursday, March 27, 2014, 8:00
a.m.-5:30 p.m. (EST), and Friday, March 28, 2014, 8:00 a.m.-12:30 p.m.
(EST). The focus of the Committee meeting will be on issues pertaining
to protecting America's waters; cleaning up our communities; air,
climate and energy; and climate change resiliency and sustainability.
    These are open meetings, and all interested persons are invited to
participate. The Subcommittee will hear comments from the public
between 1:30 p.m. and 2:00 p.m. on Wednesday, March 26, 2014, and the
Committee will hear comments from the public between 1:30 p.m. and 2:00
p.m. on Thursday, March 27, 2014. Individuals or organizations wishing
to address the Subcommittee or the Committee will be allowed a maximum
of five minutes to present their point of view. Also, written comments
should be submitted electronically to<EMAIL_ADDRESS>Please
contact the Designated Federal Officer (DFO) at the number listed below
to schedule a time on the agenda. Time will be allotted on a first-come
first-serve basis, and the total period for comments may be extended if
the number of requests for appearances requires it.

ADDRESSES: The Small Communities Advisory Subcommittee meetings will be
held at the U.S. Environmental Protection Agency, Conference Room
William Jefferson Clinton Building North, Room 3530, 1200 Pennsylvania
Ave. NW., Washington, DC 20460. The Local Government Advisory Committee
meetings will be held at the U.S. Environmental Protection Agency,
William Jefferson Clinton Building North, Room 5020, 1200 Pennsylvania
Ave. NW., Washington, DC 20460. Meeting summaries will be available
after the meeting online at www.epa.gov/ocir/scas_lgac/lgac_index.htm
and can be obtained by written request to the DFO.

FOR FURTHER INFORMATION CONTACT: Local Government Advisory Committee
(LGAC) and Small Communities Advisory Subcommittee (SCAS), contact
Frances Eargle, Designated Federal Officer, at<PHONE_NUMBER> or email
at<EMAIL_ADDRESS>    Information on Services for Those with Disabilities: For
information on access or services for individuals with disabilities,
please contact Frances Eargle at<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>To request accommodation of a disability,
please request it 10 days prior to the meeting, to give EPA as much
time as possible to process your request.

    Dated: February 25, 2014.
Frances Eargle,
Designated Federal Officer, Local Government Advisory Committee.
[FR Doc. 2014-05099 Filed 3-7-14; 8:45 am]
BILLING CODE 6560-50-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.
With Warmest Regards,
Sincerely,
Pat Collins

Patrick Collins,
Investor Relations Manager
Vapor Hub International
A Publicly Traded Company
OTCQB: VHUB
67 West Easy Street, Suite 124
Simi Valley, CA 93065
Skype<EMAIL_ADDRESS>www.vaporhubintl.com
www.Tacmodsusa.com
www.flavorsvaporeliquid.com
Main:<PHONE_NUMBER>
Direct:<PHONE_NUMBER>


[Federal Register: November 6, 2007 (Volume 72, Number 214)]
[Notices]
[Page 62709]
[DOCID:fr06no07-121]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting Federal Register Citation of Previous
Announcement: November 5, 2007

    Status: Closed meeting.
    Place: 100 F Street, NE., Washington, DC.
    Date and Time of previously Announced meeting: November 8, 2007 at
2 p.m.
    Change in the Meetings: Date and Time Change.
    The Closed Meeting scheduled for Thursday, November 8, 2007 at 2
p.m., has been changed to Wednesday, November 7, 2007 at 2:30 p.m.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    November 1, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-21772 Filed 11-5-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Notices]
[Pages 57471-57472]
[FR Doc No: 2021-22461]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Meeting/Notice of Availability for Proposed Air Tour
Management Plan at Golden Gate National Recreation Area; Muir Woods
National Monument; San Francisco Maritime National Historical Park; and
Point Reyes National Seashore

AGENCY: Federal Aviation Administration (FAA), Transportation.

ACTION: Public meeting/notice of availability for draft Air Tour
Management Plan at the Golden Gate National Recreation Area; Muir Woods
National Monument; San Francisco Maritime National Historical Park; and
Point Reyes National Seashore.

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

SUMMARY: The FAA, in cooperation with the National Park Service (NPS),
has initiated development of a combined Air Tour Management Plan (ATMP)
for the Golden Gate National Recreation Area, Muir Woods National
Monument, San Francisco Maritime National Historical Park, and Point
Reyes National Seashore (collectively referred to as the Parks)
pursuant to the National Parks Air Tour Management Act of 2000 (the
Act) and its implementing regulations. The Act requires that in
developing an ATMP for a national park or tribal lands, the FAA and the
NPS must hold at least one public meeting with interested parties. In
addition, the Act requires that the ATMPs be published in the Federal
Register for notice and comment and that copies be made available to
the public. This notice announces the public availability of the
proposed ATMP for comment and the public meeting for the Parks. The
purpose of this meeting is to review the proposed ATMP and further ATMP
development with the public.
    In accordance with Section 106 of the National Historic
Preservation Act, the FAA and the NPS are also seeking public comment
on the potential of the proposed ATMP to cause adverse effects to
historic properties.

DATES:
    Comment Period: Comments must be received on or before 30 days from
this notice. Comments will be received on the NPS Planning, Environment
and Public Comment System (PEPC) website. The PEPC website for the
Parks is: https://parkplanning.nps.gov/BayAreaATMP.
    Meeting: The meeting will be held at the following date and time:
     Tuesday, October 26, 2021 (4:30-6:00 p.m. PT).
    Livestream: https://youtu.be/vVlOC2ovidA.

ADDRESSES: The meeting will be held virtually. Members of the public
who wish to observe the virtual meeting can access the livestream from
the following FAA social media platforms on the day of the event,
https://www.facebook.com/FAA, https://twitter.com/FAANews, and https://www.youtube.com/FAAnews.

FOR FURTHER INFORMATION CONTACT: Any request for reasonable
accommodations should be sent to the person listed on the Parks' PEPC
site, or call Keith Lusk at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA is issuing this notice pursuant to
the National Parks Air Tour Management Act of 2000 (Pub. L. 106-181
(https://www.govinfo.gov/link/plaw/106/public/181?link-type=html)) and
its implementing regulations contained in Title 14, Code of Federal
Regulations, Part 136, Subpart B, National Parks Air Tour Management.
The objective of any ATMP must be to provide acceptable and effective
measures to mitigate or prevent the significant adverse impacts, if
any, of commercial air tour operations upon the natural and cultural
resources, visitor experiences, and tribal lands. Further, an ATMP must
comply with National Environmental Policy Act (NEPA) and its
accompanying regulations and the Act designates the FAA as the lead
agency for that purpose. The FAA and the NPS are inviting comment from
the public, Federal and state agencies, tribes, and other interested
parties on the proposed ATMP for the Golden Gate National Recreation
Area, Muir Woods National Monument, San Francisco Maritime National
Historical Park, and Point Reyes National Seashore. Any Indian tribe
whose tribal lands are, or may be, overflown by aircraft involved in a
commercial air tour operation over the park or tribal lands to which
the ATMP applies, will be invited to participate in the NEPA process as
a cooperating agency.
    The FAA and the NPS have determined that each ATMP constitutes a
Federal undertaking subject to compliance with Section 106 of the
National Historic Preservation Act and its implementing regulations (36
CFR part 800). The FAA and the NPS are consulting with tribes, State
and Tribal Historic Preservation Officers, and other interested parties
to identify historic properties and assess the potential effects of the
ATMP on them.
    The meeting will be open to the public and livestreamed. Members of
the public who wish to observe the virtual meeting can access the
livestream from the following FAA social media platforms on the day of
the event, https://www.facebook.com/FAA (https://www.facebook.com/FAA),
https://twitter.com/FAANews (https://twitter.com/FAANews), and https://www.youtube.com/FAAnews (https://www.youtube.com/FAAnews). The U.S.
Department of Transportation is committed to providing equal access to
the meetings for all participants. If you need alternative formats or
services because of a disability, such as sign language,
interpretation, or other ancillary aids, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section.
    The FAA and the NPS request that comments be as specific as
possible in response to actions that are being proposed under this
notice. All written comments become part of the official record.
Written comments on the proposed ATMP must be submitted via PEPC or
sent to the mailing address listed in the FOR FURTHER INFORMATION
CONTACT section provided on the Parks' PEPC site. Comments will not be
accepted by fax, email, or any other way than those specified above.
Before including your address, phone number, email address, or other
personal identifying information in your comment, you should be aware
that

your entire comment--including your personal identifying information--
may be made publicly available at any time. While you can ask us in
your comment to withhold your personal identifying information from
public review, we cannot guarantee that we will be able to do so.
    Documents that describe the Parks' proposed ATMP project in greater
detail are available at the following locations:
     FAA Air Tour Management Plan Program website, http://www.faa.gov/about/office_org/headquarters_offices/arc/programs/air_tour_management_plan/.
     NPS Planning, Air Tours website, https://home.nps.gov/subjects/sound/airtours.htm.

    Issued in El Segundo, CA. On October 8, 2021.
Kevin Lusk,
Program Manager, Special Programs Office, Western-Pacific Region.
[FR Doc. 2021-22461 Filed 10-14-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 12, 2010 (Volume 75, Number 196)]
[Notices]
[Page 62614-62615]
[DOCID:fr12oc10-142]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63035; File No. SR-CBOE-2010-090]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Modify Trading Hours for CBSX

October 4, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 29, 2010, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') filed with the Securities and
Exchange Commission (the ``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes for the CBOE Stock Exchange (``CBSX'') to
modify its CBSX Extended Trading Hours to permit trading to open at
7:30 a.m. Central Time and continue until 3:45 p.m. Central Time. The
text of the proposed rule change is available on the Exchange's Web
site (http://www.cboe.org/legal), at the Exchange's principal office,
and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the CBOE 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
    Currently, CBSX is open for trading from 8 a.m. until 3:30 p.m.
(all times Central unless otherwise denoted), with the time period from
8:30 a.m. until 3 p.m. designated as CBSX Regular Trading Hours and the
time periods from 8 a.m. until 8:30 a.m. and 3 p.m. until 3:30 p.m.
designated as CBSX Extended Trading Hours. The Exchange has, in the
past, made similar changes to extend CBSX trading hours.\5\ CBSX
proposes to extend its hours of business to open for trading at 7:30
a.m. and close trading at 3:45 p.m. This change would not affect CBSX
Regular Trading Hours; the new trading periods (7:30 a.m. until 8 a.m.
and 3:30 p.m. until 3:45 p.m.) would merely extend the CBSX Extended
Trading Hours.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release Nos. 34-61349 (January
14, 2010), 75 FR 3511 (January 21, 2010) (SR-CBOE-2010-004) and 34-
60910 (October 30, 2009), 74 FR 57718 (November 9, 2009) (SR-CBOE-
2010-083). In both cases, the Commission waived the 30-day operative
delay period.
---------------------------------------------------------------------------

    The Exchange represents that the modified opening and closing times
will have no implications for CBSX systems. The Exchange represents
that CBSX traders will have been notified of the time change via
circular prior to the rule change taking effect. Lastly, the Exchange
represents that appropriate surveillance will be in place for the new
trading hours.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act \6\ and the rules and regulations thereunder and, in
particular, the requirements of Section 6(b) of the Act.\7\
Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \8\ requirements that the rules of
an exchange be designed to promote just and equitable principles of
trade, to prevent fraudulent and manipulative acts, to remove
impediments to and to perfect the mechanism for a free and open market
and a national market system, and, in general, to protect investors and
the public interest. Permitting trading earlier in the morning and
until later in the day will permit investors greater opportunity to
participate in the market, thereby removing an impediment to trading.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(1).
    \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

    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 Act.

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the foregoing rule 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 \9\ and Rule 19b-4(f)(6)
thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 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
Commission has waived the five-day pre-filing requirement in this
case.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest because such waiver will permit market participants to
trade on CBSX in extended trading hours that are available on other
exchanges.\11\ Accordingly, the Commission designates the proposed rule
change operative upon filing with the Commission.\12\
---------------------------------------------------------------------------

    \11\ See, e.g., NASDAQ Stock Market Rule 4617 and NASDAQ OMX
PHLX Rule 101.
    \12\ For the 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.
78(c)(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.

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-2010-090 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-CBOE-2010-090. 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 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
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-2010-090 and should be
submitted on or before November 2, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-25453 Filed 10-8-10; 8:45 am]
BILLING CODE 8011-01-P