[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Proposed Rules]
[Pages 6525-6527]
[FR Doc No: 2012-2912]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1089; Directorate Identifier 2011-NM-110-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain Bombardier, Inc. Model BD-100-1A10 (Challenger 300)
airplanes. That NPRM proposed an inspection to determine if a certain
oxygen cylinder and regulator assembly (CRA) is installed and the
replacement of affected oxygen CRAs. That NPRM was prompted by reports
of deformation found at the neck of the pressure regulator body on the
oxygen CRA. This action revises that NPRM by revising the compliance
times. We are proposing this supplemental NPRM to prevent elongation of
the pressure regulator neck, which could result in rupture of the
oxygen cylinder, and in the case of cabin depressurization, oxygen not
being available when required. Since these actions impose an additional
burden over that proposed in the NPRM, we are reopening the comment
period to allow the public the chance to comment on these proposed
changes.

DATES: We must receive comments on this proposed AD by March 26, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-1089;
Directorate Identifier 2011-NM-110-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
October 19, 2011 (76 FR 64857). That earlier NPRM proposed to require
actions intended to address the unsafe condition for Model BD-100-1A10
(Challenger 300) airplanes.
    Since that NPRM (76 FR 64857, October 19, 2011) was issued, we have
determined that a revision to the compliance time is needed. We are
changing the compliance time in paragraph (g) of this supplemental NPRM
to ``within 750 flight hours, or 6 months after the effective date of
this AD, whichever occurs first.'' We have determined that this
compliance time is adequate to address the unsafe condition.
    You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (76 FR 64857, October 19,
2011), or on the determination of the cost to the public.

Additional Change

    We have made minor editorial changes to this supplemental NPRM. We
have determined that these minor editorial changes:
     Are consistent with the intent that was proposed in the
NPRM (76 FR 64857, October 19, 2011) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 64857, October 19, 2011).

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    Certain changes described above expand the scope of the earlier
NPRM (76 FR 64857, October 19, 2011). As a result, we have determined
that it is necessary to reopen the comment period to provide additional
opportunity for

the public to comment on this proposed AD.

Differences Between This AD and the MCAI or Service Information

    This AD differs from the MCAI and/or service information as
follows:
    The MCAI applicability specifies only airplanes having certain
serial numbers and prohibits installation of the affected part on those
airplanes. Because the affected part could be rotated onto any of the
Model BD-100-1A10 (Challenger 300) airplanes, this AD applies to serial
numbers 20003 and subsequent. This difference has been coordinated with
Transport Canada Civil Aviation (TCCA).

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 79 products of U.S. registry. We also estimate that
it would take about 3 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $0 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these parts.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $20,145, or $255 per product.

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.
    We are 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

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2011-1089; Directorate Identifier
2011-NM-110-AD.

(a) Comments Due Date

    We must receive comments by March 26, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model BD-100-1A10
(Challenger 300) airplanes, certificated in any category, serial
numbers 20003 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 35: Oxygen.

(e) Reason

    This AD was prompted by reports of deformation found at the neck
of the pressure regulator body on the oxygen cylinder and regulator
assembly (CRA). We are issuing this AD to prevent elongation of the
pressure regulator neck, which could result in rupture of the oxygen
cylinder, and in the case of cabin depressurization, oxygen not
being available when required.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Actions

    For airplanes having serial numbers 20003 through 20291
inclusive: Within 750 flight hours, or within 6 months after the
effective date of this AD, whichever occurs first, inspect oxygen
pressure regulators having P/N 806370-06 or 806370-14, to determine
the serial number, in accordance with paragraph 2.B.(2) of the
Accomplishment Instructions of Bombardier Service Bulletin 100-35-
05, Revision 02, dated January 31, 2011.
    (1) If the serial number of the oxygen pressure regulator is
listed in Table 2 of the Accomplishment Instructions of Bombardier
Service Bulletin 100-35-05, Revision 02, dated January 31, 2011,
replace the affected oxygen CRA, in accordance with paragraph 2.C.
of the Accomplishment Instructions of Bombardier Service Bulletin
100-35-05, Revision 02, dated January 31, 2011.
    (2) If the serial number of the oxygen pressure regulator is not
listed in Table 2 of the Accomplishment Instructions of Bombardier
Service Bulletin 100-35-05, Revision 02, dated January 31, 2011, no
further action is required by this paragraph.

(h) Parts Installation

    For all airplanes: As of the effective date of this AD, no
person may install an oxygen pressure regulator (P/N 806370-06 or
806370-14) having any serial number listed in Table 2 of Bombardier
Service Bulletin 100-35-05, Revision 02, dated January 31, 2011, on
any airplane, unless a suffix ``-A'' is beside the serial number.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to Attn: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone<PHONE_NUMBER>; fax (516)
794-5531. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. The AMOC approval letter must specifically
reference this AD.

    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(j) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-09, dated
May 13, 2011; and Bombardier Service Bulletin 100-35-05, Revision
02, dated January 31, 2011; for related information.

    Issued in Renton, Washington, on January 26, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-2912 Filed 2-7-12; 8:45 am]
BILLING CODE 4910-13-P


Air Compliance Agreement Signup Instructions 1. Print a full version of the Agreement ( including Attachment A), from the EPA website.

2. Insert your company name or farm name at " Respondent," or " Participating Company," on the first page heading, as well as in paragraphs # 1, # 2, and # 19 in the Agreement.

3. Sign the Agreement in paragraph # 46, on page 24, insert your signature in the " By" line, print your name below the signature line.

4. In Attachment A, on page 39, there is a Farm Information Sheet ( pdf, 43kb, 2 pages, About PDF). Fill out ONE Farm Information Sheet for each ONE of your farms. Fill in the name of each farm.

o If applicable, fill in the name of the contract grower for each farm. o For each Farm Information Sheet you fill out, please provide a sketch or diagram of the farm that clearly identifies each barn/ lagoon " emission unit" located on that farm. Number each of these emission units. The emission unit's number should match the number assigned to it on the accompanying Emission Unit Information Sheet, also found in Attachment A.

5. In Attachment A, on page 40, there is an Emission Unit Information Sheet. Fill out ONE Emission Unit Information Sheet for each emission unit on each farm. If a farmer would rather complete one spreadsheet for each farm ( due to the large number of emission units identified for that farm), the farmer may use the recommended Farm Information spreadsheet ( provided at the end of these instructions).

6. DO NOT include emission units not specifically covered under the Agreement ( such as diesel engines, incinerators, crematoriums, etc.).

7. In Attachment A, sign and date the certification statement at page 38. Print your name and title and the name and address of the participating company.

8. DO NOT send in a check at this time. EPA will notify you in writing when the Agreement has been signed. Once you receive this notification, you will have up to 30 days to send in your check ( Paragraphs # 49 and # 50 in the Agreement provide instructions on where and when to send in your check).

9. Go back and make sure you have signed the Agreement on page 24, filled in your name in each required location ( see paragraph number # 2, above), and that you have filled out a Farm Information Sheet and Emission Unit Information Sheet for each farm in Attachment A ( check to be sure that the farm name is on every sheet, and that you have a sketch or diagram for each farm).

10. Mail the entire package, including the Agreement ( signed) and all completed Attachment A documents ( do not enclose a check) to the following address:

Special Litigation and Projects Division ( 2248) Attn: Air Compliance Agreements Office of Civil Enforcement Office of Enforcement and Compliance Assurance U. S. EPA, 1200 Pennsylvania Ave., N. W. Washington, D. C. 20460 All packages must be postmarked by July 29, 2005, or EPA will not accept them.


[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Notices]
[Pages 72094-72095]
[FR Doc No: 2013-28779]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2008-0010]

Board of Visitors for the National Fire Academy

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Committee Management; Notice of Open Federal Advisory Committee
Meeting.

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SUMMARY: The Board of Visitors for the National Fire Academy (Board)
will meet on December 17-18, 2013. The meeting will be open to the
public.

    Authority:  15 U.S.C. 2206(j)

DATES: The meeting will take place on Tuesday, December 17, 8:30 a.m.
to 3:30 p.m. EST and on Wednesday, December 18, 8:30 a.m. to 11:30 a.m.
EST. Please note that the meeting may close early if the Board has
completed its business.

ADDRESSES: The meeting will be held at the National Emergency Training
Center, Building H, Room 300, Emmitsburg, Maryland. Members of the
public who wish to obtain details on how to gain access to the facility
and directions may contact Cindy Wivell as listed in the FOR FURTHER
INFORMATION CONTACT section by close of business December 9, 2013. A
picture identification is needed for access. Members of the public may
also participate by teleconference and may contact Cindy Wivell to
obtain the call-in number and access code. For information on services
for individuals with disabilities or to request special assistance,
contact Cindy Wivell as soon as possible.
    To facilitate public participation, we are inviting public comment
on the issues to be considered by the Board as listed in the
SUPPLEMENTARY INFORMATION section. Comments must be submitted in
writing no later than December 9, 2013, and must be identified by
docket ID FEMA-2008-0010 and may be submitted by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Mail/Hand Delivery: Cindy Wivell, 16825 South Seton
Avenue, Emmitsburg, Maryland 21727.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and the docket ID for this action.
Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.
    Docket: For access to the docket to read background documents or
comments received by the National Fire Academy Board of Visitors, go to
http://www.regulations.gov, click on ``Advanced Search,'' then enter
``FEMA-2008-0010'' in the ``By Docket ID'' box, then select ``FEMA''
under ``By Agency,'' and then click ``Search.'' Prior to the meeting,
handouts for the meeting will be posted at http://www.usfa.fema.gov/nfa/about/bov.shtm as soon as they are available.
    There will be a 10-minute comment period after each agenda item;
each speaker will be given no more than 2 minutes to speak. Please note
that the public comment period may end before the time indicated,
following the last call for comments. Contact Cindy Wivell to register
as a speaker.

FOR FURTHER INFORMATION CONTACT:
    Alternate Designated Federal Officer: Denis G. Onieal, telephone
(301) 447-1117.
    Logistical Information: Cindy Wivell, telephone<PHONE_NUMBER>, fax
(301) 447-1834, and email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal

Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463).

Purpose of the Board

    The purpose of the Board is to review annually the programs of the
National Fire Academy (NFA) and advise the Administrator of the Federal
Emergency Management Agency (FEMA), through the United States Fire
Administrator, of the operation of the NFA and any improvements therein
that the Board deems appropriate. In carrying out its responsibilities,
the Board examines NFA programs to determine whether these programs
further the basic missions that are approved by the Administrator of
FEMA, examines the physical plant of the NFA to determine the adequacy
of the NFA's facilities, and examines the funding levels for NFA
programs. The Board submits an annual report through the United States
Fire Administrator to the Administrator of FEMA, in writing. The report
provides detailed comments and recommendations regarding the operation
of the NFA.

Agenda

    On the first day of the meeting, the Board will swear in new
members, select a Chairperson and Vice Chairperson for Fiscal Year
2014, and review and approve the minutes of the May 15, 2013,
teleconference meeting.
    The Board will then review and give feedback on NFA program
activities, including: NFA Online, the NFA's web-based learning
platform for distance learning courses; NFA's mediated course
deliveries, which provide NFA training through an instructor
facilitated web-based learning environment; NFA's course material
download for the Regions and States, which enables direct access to NFA
course materials through a web-based interface; NFA's Bring-Your-Own-
Device initiative, which allows students to download the student manual
to their own personal electronic devices and eliminates the use of
paper-based student materials; the American Council on Education's
report on its academic review of Academy classes and courses; NFA's
curriculum for emergency medical services; NFA's curriculum Enterprise
Shared Workspace, a database system developed to capture and track
course development and revision activities; and Company Officer
Development, a proposal for an on- and off-campus company officer
development program modeled after the current Executive Fire Officer
Program. The Board will also review and give feedback on NFA's status
of course development at the end of FY 2013; NFA's curriculum
development plan for the FY 2014 curriculum; and NFA's Smart Practices/
Lessons Learned Report to Congress, which provides Congress with a
snapshot of the lessons learned and best practices that have been
incorporated into the NFA's curriculum and program areas.
    The Board will discuss the Professional Development Subcommittee
activities, including the Professional Development Symposium that will
bring national training and education audiences together for their
annual conference and support initiatives, the Fire and Emergency
Services Higher Education (FESHE)/Professional Development Subcommittee
restructuring, and the FESHE Recognition Update that will include a
list of the colleges and universities that have been approved and that
have adopted the FESHE curriculum.
    The Board will receive updates on U.S. Fire Administration data,
research, and response support initiatives, and discuss deferred
maintenance and capital improvements on the National Emergency Training
Center (NETC) campus and FY 2014 Budget Request/Budget Planning.
    On the second day, the Board will engage in an annual report
working session.

    Dated: November 22, 2013
Denis G. Onieal,
Superintendent, National Fire Academy, United States Fire
Administration, Federal Emergency Management Agency.
[FR Doc. 2013-28779 Filed 11-29-13; 8:45 am]
BILLING CODE 9111-45-P


[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53497-53498]
[FR Doc No: 2017-24801]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2114-293]

Public Utility District No. 2 of Grant County; Notice of
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-Project Use of Project Lands.
    b. Project No.: 2114-293.
    c. Date Filed: April 7, 2017.
    d. Applicant: Public Utility District No. 2 of Grant County (Grant
PUD).
    e. Name of Project: Priest Rapids Hydroelectric Project.
    f. Location: The proposed non-project use is located on the mid-
Columbia River in Kittitas County, Washington.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Ross Hendrick, License Compliance Manager,
Grant PUD, 30 C St. SW., Ephrata, WA 98823-0878,<PHONE_NUMBER>.
    i. FERC Contact: Hillary Berlin,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: December 9, 2017.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC 20426. The first page of any
filing should include docket number P-2114-293. Comments emailed to
Commission staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee filed a request to
authorize a non-project use on the Wanapum Reservoir for the existing
Vantage Riverstone Marina to expand from a ten-slip facility to a
commercial marina with capacity for 17 watercraft. The location and
footprint of the three existing docks will not change.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at 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. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. A copy may
also be obtained by contacting the applicant as specified in item (h)
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title COMMENTS, PROTEST, or MOTION TO INTERVENE as
applicable; (2) set forth in the heading the name of the applicant and
the project number of the application to which the filing responds; (3)
furnish the name, address, and telephone number of the person
commenting, protesting or intervening; and (4) otherwise comply with
the requirements of 18 CFR 385.2001 through 385.2005. All comments,
motions to intervene, or protests must set forth their evidentiary
basis. Any filing made by an intervenor must be accompanied by proof of
service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 385.2010.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-24801 Filed 11-15-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Proposed Rules]
[Pages 40701-40702]
[FR Doc No: 2014-16291]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0119; FRL-9912-18-Region 5]

Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Latham Pool Adjusted Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
request submitted by the Illinois Environmental Protection Agency on
January 8, 2014, to revise the Illinois State Implementation Plan (SIP)
for volatile organic matter (VOM). The approval revises the Illinois
SIP by substituting a new party as the holder of the adjusted

standard for VOM granted to Royal Fiberglass Pools, Inc. (Royal), for
the facility located in Dix, Illinois. EPA approved the adjusted
standard for Royal on June 27, 2011. Due to a change in ownership, the
facility is now owned by Latham Pool Products, Inc., d/b/a Viking
Pools. The revision amends the adjusted standard for VOM currently
approved in the SIP for the facility to reflect the change in
ownership. This revision does not change any of the VOM control
requirements and will not result in an increase in VOM emissions at the
facility.

DATES: Comments must be received on or before August 13, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2014-0119, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
    Instructions: Please see the direct final rule which is located in
the Rules section of this Federal Register for detailed instructions on
how to submit comments.

FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because EPA views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. For
additional information, see the direct final rule which is located in
the Rules section of this Federal Register.

    Dated: May 30, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-16291 Filed 7-11-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 5, 2006 (Volume 71, Number 171)]
[Notices]
[Page 52356-52358]
[DOCID:fr05se06-58]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54376; File No. SR-NASD-2006-093]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Order Granting Accelerated Approval
of Proposed Rule Change Regarding Pricing for Non-Members Using
Nasdaq's Brut and Inet Facilities

August 28, 2006.
    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 July 31, 2006, the National Association of Securities Dealers, Inc.
(``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``Nasdaq''), 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 Nasdaq. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons. In addition, the Commission is granting
accelerated approval of the proposed rule change.
---------------------------------------------------------------------------

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

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

    Nasdaq proposes to modify the pricing for non-NASD members using
Nasdaq's Brut and Inet Facilities to trade non-Nasdaq securities. The
filing will apply to these non-members the same rule change that Nasdaq
is instituting for members.\3\ Nasdaq seeks approval to implement the
proposed rule change retroactively as of August 1, 2006. The text of
the proposed rule change is set forth below. Proposed new language is
in italics; proposed deletions are in [brackets].\4\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 54375 (August 28,
2006) (File No. SR-NASD-2006-092).
    \4\ Changes are marked to the rule text that appears in the
electronic NASD Manual found at http://www.nasd.com. The Nasdaq

Exchange states that it will not file conforming changes to its
rules with regard to order execution and routing by non-members,
since persons that are not members of the Nasdaq Exchange will not
be permitted to use its order execution and routing systems.
---------------------------------------------------------------------------

7010. System Services

    (a)-(h) No change.
    (i) ITS/CAES System, Brut, and Inet Order Execution and Routing
    (1)-(8) No change.
    (9) The fees applicable to non-members using Nasdaq's Brut and Inet
Facilities shall be the fees established for members under Rule
7010(i), as amended by SR-NASD-2005-019, SR-NASD-2005-035, SR-NASD-
2005-048, SR-NASD-2005-071, SR-NASD-2005-125, SR-NASD-2005-137, SR-
NASD-2005-154, SR-NASD-2006-013, SR-NASD-2006-023, SR-NASD-2006-031,
SR-NASD-2006-057, [and] SR-NASD-2006-078, and SR-NASD-2006-092 and as
applied to non-members by SR-NASD-2005-020, SR-NASD-2005-038, SR-NASD-
2005-049, SR-NASD-2005-072, SR-NASD-2005-126, SR-NASD-2005-138, SR-
NASD-2005-155, SR-NASD-2006-014, SR-NASD-2006-024, SR-NASD-2006-032,
SR-NASD-2006-058, [and] SR-NASD-2006-079, and SR-NASD-2006-093.
    (j)-(y) No change.
* * * * *

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

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it had received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below. Nasdaq 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
    In SR-NASD-2006-092,\5\ Nasdaq amended NASD Rule 7010(i), which has
historically contained the fees for the trading systems of The Nasdaq
Stock Market, to reflect the Nasdaq Exchange's commencing operations
for trading of securities listed on the Nasdaq Exchange. During a
transitional period, the Nasdaq Exchange will operate for its own
listed stocks, while The Nasdaq Stock Market, Inc. continues to operate
under authority delegated by NASD to provide quotation, execution, and
trade reporting services for non-Nasdaq listed securities. Nasdaq
states that the Brut and Inet platforms owned by Nasdaq will be
operated as facilities of the Nasdaq Exchange for purposes of trading
Nasdaq-listed securities, and as facilities of NASD for purposes of
trading non-Nasdaq securities. Accordingly, SR-NASD-2006-092 amended
NASD Rule 7010(i) to remove fees and credits associated with trading
Nasdaq-listed stocks, which are now contained in Rule 7018 of the
Nasdaq Exchange.\6\ Nasdaq states that NASD Rule 7010(i) would continue
to govern fees and credits for the ITS/CAES System (formerly the Nasdaq
Market Center) operated by Nasdaq for trading non-Nasdaq securities, as
well as Brut and Inet to the extent that they are used for trading non-
Nasdaq securities. The ITS/CAES System, Brut and Inet are collectively
referred to in the rule as the Nasdaq Facilities.
---------------------------------------------------------------------------

    \5\ See supra note 3.
    \6\ See Securities Exchange Act Release No. 54285 (August 8,
2006) (File No. SR-NASDAQ-2006-023) (notice of filing and immediate
effectiveness of proposed rule change regarding technical and
conforming changes to Nasdaq Rule 7018). Telephone conversation
among John Yetter, Senior Associate General Counsel, Nasdaq, David
Liu, Special Counsel, Division of Market Regulation (``Division''),
Commission, and Theodore S. Venuti, Attorney, Division, Commission,
on August 14, 2006.
---------------------------------------------------------------------------

    SR-NASD-2006-092 also added a sentence to the rule to provide that
for purposes of determining a member's volume in all securities under
NASD Rule 7010(i), the term ``Nasdaq Facilities,'' shall also be deemed
to include the member's volume in Nasdaq-listed securities traded
through the facilities of the Nasdaq Exchange (i.e., the Nasdaq Market
Center, Brut and Inet). Nasdaq states that this clarification was
necessary to ensure that fees and credits for trading non-Nasdaq
securities remain at their current levels during the transitional
period before the Nasdaq Exchange begins to trade non-Nasdaq
securities.
    In SR-NASD-2006-092, Nasdaq also changed its fees for routing
orders to the New York Stock Exchange (``NYSE'') through its DOT
system. NYSE recently announced that it would impose a significant fee
increase on broker-dealers, such as Nasdaq's Brut broker-

dealer, that route orders to the NYSE floor through DOT, effective
August 1, 2006.\7\ Nasdaq states that as a result, it must pass these
increased costs through to market participants that make use of the
routing service. Specifically, for orders that attempt to execute in
the Nasdaq Facilities prior to routing and that are not charged a fee
by the NYSE specialist,\8\ Nasdaq is imposing a charge of $0.0002 per
share executed; however, the total fee for all such orders routed
during a month is capped at $60,000 per firm. For orders that are
routed through DOT but that do not attempt to execute in the Nasdaq
Facilities, the routing fee is $0.0003 per share executed, with no cap.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 54142(July 13,
2006), 71 FR 41493 (July 21, 2006) (File No. SR-NYSE-2006-46).
Effective August 1, 2006, the NYSE is imposing a new charge of
$0.00025 per share executed, subject to a monthly cap of $750,000.
    \8\ Nasdaq states that the NYSE specialist fees are distinct
from the newDOT fees imposed by the NYSE itself. Specialist fees are
generally imposed when orders routed to the NYSE remain unexecuted
for a period of time. The routing fee for orders that are charged by
the specialist remains $0.01 per share executed.
---------------------------------------------------------------------------

    Finally, to encourage greater liquidity provision with respect to
securities that are listed on both the NYSE and the Nasdaq Exchange,
SR-NASD-2006-092 increased the credit to liquidity providers in these
securities, from $0.0005 or $0.0006 per share executed to $0.0007 per
share executed. Nasdaq believes that the change would promote greater
competition between Nasdaq and NYSE and enhance market quality with
respect to Nasdaq's trading of these dual-listed securities.
    Nasdaq is submitting this filing to apply the foregoing changes to
non-NASD members using Nasdaq's Brut and Inet Facilities to trade non-
Nasdaq securities. These non-members cannot use the facilities of the
Nasdaq Exchange to trade Nasdaq-listed securities, but are currently
permitted to use Brut and Inet to trade non-Nasdaq securities.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 15A of the Act,\9\ in general, and with
Section 15A(b)(5) of the Act,\10\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which the NASD operates or controls. Nasdaq states that the
proposed rule change applies to non-members that use Brut and Inet a
fee change that is being implemented for NASD members that use Brut,
Inet, and the ITS/CAES System to trade non-Nasdaq securities.
Accordingly, Nasdaq believes that the proposed rule change promotes an
equitable allocation of fees between members and non-members using
these order execution facilities.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78o-3.
    \10\ 15 U.S.C. 78o-3(b)(5).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

III. 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-NASD-2006-093 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASD-2006-093. 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. Copies of such
filing also will be available for inspection and copying at the
principal office of the NASD. 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 publicly available. All submissions should refer to
File Number SR-NASD-2006-093 and should be submitted on or before
September 26, 2006.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a self-regulatory organization.\11\
Specifically, the Commission believes that the proposed rule change is
consistent with Section 15A(b)(5) of the Act,\12\ which requires that
the rules of the self-regulatory organization provide for the equitable
allocation of reasonable dues, fees, and other charges among members
and issuers and other persons using any facilities or system which it
operates or controls.
---------------------------------------------------------------------------

    \11\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
    \12\ 15 U.S.C. 78o-3(b)(5).
---------------------------------------------------------------------------

    The Commission notes that this proposal would retroactively modify
pricing for non-NASD members using Nasdaq's Brut and Inet Facilities
that would permit the schedule for non-NASD members to mirror the
schedule applicable to NASD members that became effective July 31,
2006, pursuant to SR-NASD-2006-092.
    Nasdaq has requested that the Commission find good cause for
approving the proposed rule change prior to the thirtieth day after
publication of notice thereof in the Federal Register. The Commission
notes that the proposed fees for non-NASD members are identical to
those in SR-NASD-2006-092, which implemented those fees for NASD
members and which became effective as of July 31, 2006. The Commission
notes that this change will promote consistency in Nasdaq's fee
schedule by applying the same pricing schedule with the same date of
effectiveness for both NASD members and non-NASD members. Accordingly,
the Commission finds good cause, pursuant to Section 19(b)(2)

of the Act,\13\ for approving the proposed rule change prior to the
thirtieth day after the date of publication of notice thereof in the
Federal Register.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (SR-NASD-2006-093) be, and
hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2).
    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
Nancy M. Morris,
Secretary.
[FR Doc. E6-14598 Filed 8-29-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Page 17525]
[FR Doc No: 2014-06875]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-105-000]

Gulf South Pipeline Company, LP; Notice of Application

    On March 12, 2014, Gulf South Pipeline Company, LP (Gulf South)
filed with the Federal Energy Regulatory Commission (Commission) an
application under section 7(c) of the Natural Gas Act and Sections
157.205 and 157.210 of the Commission's regulations to acquire,
operate, and maintain approximately 31.29 miles of existing natural gas
pipeline facilities, including appurtenances, located in Jackson and
Wharton Counties, Texas. Gulf South states that no landowner
notifications are required pursuant to Section 157.6(d) (1) since the
proposed acquisition is by ownership transfer. No new facilities are
expected to be constructed and the current facilities and rights-of-way
will be utilized for natural gas transportation.
    Questions regarding this application may be directed to M. L.
Gutierrez, Director, Regulatory Affairs, Gulf South Pipeline Company,
LP, 9 Greenway Plaza, Houston, Texas, 77046; by fax<PHONE_NUMBER> or
email to<EMAIL_ADDRESS>    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to Section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to Section 7 of the NGA.
    Protests will be considered by the Commission in determining the
appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Any person wishing to become a party must
file a notice of intervention or motion to intervene, as appropriate.
Such motions or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant, on or before the comment date. It is
not necessary to serve motions to intervene or protests on persons
other than the Applicant.
    The Commission encourages electronic submission of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and seven copies of the protest or intervention to
the Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov. using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on April 11, 2014.

    Dated: March 21, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-06875 Filed 3-27-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 14, 2006 (Volume 71, Number 114)]
[Notices]
[Page 34399-34401]
[DOCID:fr14jn06-136]

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

[Release No. 34-53940; File No. 4-516]

Joint Industry Plan; Order Approving Options Regulatory
Surveillance Authority Plan by the American Stock Exchange LLC, Boston
Stock Exchange, Inc., Chicago Board Options Exchange, Incorporated,
International Securities Exchange, Inc., Pacific Exchange, Inc. (n/k/a
NYSE Arca, Inc.) and Philadelphia Stock Exchange, Inc.

June 5, 2006.

I. Introduction

    On January 31, 2006, pursuant to Rule 608 under the Securities
Exchange Act of 1934 (``Act''),\1\ the American Stock Exchange LLC,
Boston Stock Exchange, Inc., Chicago Board Options Exchange,
Incorporated (``CBOE''), International Securities Exchange, Inc.,
Pacific Exchange, Inc. (n/k/a NYSE Arca, Inc.) \2\ and Philadelphia
Stock Exchange, Inc. (collectively, ``Exchanges'') filed with the
Securities and Exchange Commission (``Commission'') the Options
Regulatory Surveillance Authority Plan, a plan providing for the joint
surveillance, investigation and detection of insider trading on the
markets maintained by the Exchanges (``ORSA Plan'').\3\
---------------------------------------------------------------------------

    \1\ 17 CFR 242.608
    \2\ On March 6, 2006, the Pacific Exchange, Inc. (``PCX'') filed
with the Commission a proposed rule change, which was effective upon
filing, to change the name of PCX, as well as several other related
entities, to reflect the recent acquisition of PCX Holdings, Inc.,
the parent company of PCX, by Archipelago Holdings, Inc.
(``Archipelago'') and the merger of the New York Stock Exchange,
Inc. with Archipelago. See File No. SR-PCX-2006-24. All references
herein have been changed to reflect these transactions.
    \3\ The Exchanges initially filed the ORSA Plan with the
Commission on May 5, 2005. The Exchanges filed revised versions of
the ORSA Plan on July 6, 2005 and September 29, 2005.
---------------------------------------------------------------------------

    On April 10, 2006, a detailed summary of the ORSA Plan was
published for comment in the Federal Register.\4\ The Commission
received no comments on the ORSA Plan. This Order approves the ORSA
Plan as proposed pursuant to section 11A of the Act \5\ and Rule 608
thereunder.\6\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 53589 (April 4,
2006), 71 FR 18120. The full text of the plan was made available to
interested persons on the Commission's Web site.
    \5\ 15 U.S.C. 78k-1.
    \6\ 17 CFR 242.608
---------------------------------------------------------------------------

II. Summary of the ORSA Plan

    The purpose of the ORSA Plan is to permit the Exchanges to act
jointly in the administration, operation, and maintenance of a
regulatory system for the surveillance, investigation, and detection of
the unlawful use of undisclosed, material information in trading on one
or more of their markets. By sharing the costs of these regulatory
activities and by sharing the regulatory information generated under
the ORSA Plan, the Exchanges believe they will be able to enhance the
effectiveness and efficiency with which they regulate their respective
markets and the national market system for options. The Exchanges also
believe that the ORSA Plan will avoid duplication of certain regulatory
efforts on the part of the Exchanges.

A. Policy Committee

    The ORSA Plan provides for the establishment of a Policy Committee,
on which each Exchange will have one representative and one vote. The
Policy Committee is responsible for overseeing the operation of the
ORSA Plan and for making all policy decisions pertaining to the ORSA
Plan, including, among other things, the following:
    1. Determining the extent to which regulatory, surveillance, and

investigative functions will be conducted on behalf of the Exchanges;
    2. Making all determinations pertaining to contracts with (i)
persons who provide goods and services under the ORSA Plan, including
parties to the ORSA Plan who provide such goods and services, and (ii)
parties to the ORSA Plan, and other self-regulatory organizations who
engage in regulatory, surveillance, or investigative activities under
the ORSA Plan;
    3. Reviewing and approving surveillance standards and other
parameters to be used by self-regulatory organizations who perform
regulatory and surveillance functions under the ORSA Plan; and
    4. Determining budgetary and financial matters.
    All decisions by the Policy Committee, except as otherwise
indicated, will be by majority vote, subject to any required approval
of the Commission. Disputes arising in connection with the operation of
the ORSA Plan will be resolved by the Policy Committee acting by
majority vote.

B. Delegation of Functions

    The ORSA Plan permits the Exchanges, as and to the extent
determined by the Policy Committee, to delegate all or part of the
regulatory and surveillance functions under the ORSA Plan (other than
the Policy Committee's own functions) to one or more Exchanges or other
self-regulatory organizations. The Policy Committee has determined to
delegate the operation of the surveillance and investigative facility
contemplated by the ORSA Plan to CBOE. The Exchanges have entered into
a Regulatory Services Agreement (``RSA'') with CBOE, as service
provider, pursuant to which CBOE will perform certain regulatory and
surveillance functions under the ORSA Plan and use its automated
insider trading surveillance system to perform these functions on
behalf of the Exchanges.
    Although CBOE will be delegated responsibility for these
activities, the ORSA Plan specifically provides that each Exchange will
remain responsible for the regulation of its market and for bringing
enforcement proceedings whenever it appears that persons subject to its
regulatory jurisdiction may have violated the Exchange's own rules, the
Act, or the rules of the Commission thereunder.

C. Review of Service Provider

    The Policy Committee must periodically, but not less frequently
than annually, review the performance of persons to whom regulatory and
surveillance activities have been delegated under the ORSA Plan. The
Policy Committee must evaluate whether such activities have been
performed by the service provider in a reasonably acceptable manner
consistent with any contract governing the performance of such services
and whether the costs of such services are reasonable. If the Policy
Committee determines that the performance of delegated activities is
not reasonably acceptable or that the costs are unreasonable, the
Policy Committee may terminate the delegation of activities to such
persons subject to applicable contractual terms.

D. Potential Insider Trading Violations

    When in the course of performing regulatory and surveillance
functions the Exchanges acting under the ORSA Plan, or a self-
regulatory organization to whom such functions have been delegated,
obtain information indicating that there may have been an insider
trading violation by members or associated persons of one or more of
the Exchanges, the Exchanges or such delegatee will promptly inform all
such parties of the relevant facts. The Exchanges acting jointly will
not have authority to take disciplinary action against members or
associated persons of any individual Exchange. All such authority will
remain that of the Exchanges acting in their individual capacities.

E. Other Regulatory or Surveillance Functions

    The ORSA Plan permits the Exchanges to provide for the joint
performance of any other regulatory or surveillance functions or
activities that the Exchanges determine to bring within the scope of
the ORSA Plan, but any determination to expand the functions or
activities under the ORSA Plan would require an amendment to the ORSA
Plan subject to Commission approval and the requirements for amendments
described below.

F. Allocation of Costs

    The costs under the ORSA Plan to be allocated among the Exchanges
will consist of all costs duly incurred by any Exchange as a direct
result of its performing regulatory or surveillance functions under the
ORSA Plan, together with any amounts charged under the ORSA Plan (or
charged to any Exchange authorized to incur such charges under the ORSA
Plan) by any other person for goods or services provided under the ORSA
Plan. The costs incurred by CBOE in developing the insider trading
surveillance system to be used by CBOE as the ORSA Plan service
provider will be borne by CBOE without reimbursement. Costs incurred by
CBOE in maintaining and upgrading its system going forward will be
allocated among the Exchanges, provided that such costs have been
authorized by the Exchanges.
    Costs in each calendar quarter will be allocated among the
Exchanges in accordance with a three element formula: (1) Fifty percent
of costs will be allocated equally among the Exchanges (with a pro rata
adjustment for any exchange that was not an Exchange for the entire
calendar quarter); (ii) twenty-five percent of costs will be allocated
among the Exchanges in accordance with their respective contract volume
market shares during the calendar quarter; and (iii) twenty-five
percent of costs will be allocated among the Exchanges in accordance
with their respective numbers of classes of securities options traded
at any time during the calendar quarter.

G. New Parties to the ORSA Plan; Participation Fee

    Any other self-regulatory organization that maintains a market for
the trading of securities options in accordance with rules approved by
the Commission may become a party to the ORSA Plan, subject to agreeing
to the terms and conditions of the ORSA Plan, agreeing to the terms and
conditions of any contract pursuant to which the parties to the ORSA
Plan have delegated regulatory and surveillance functions under the
ORSA Plan, and payment of a participation fee.
    The participation fee will be an amount determined by a majority of
the Exchanges to be fair and reasonable compensation for the costs
incurred in developing and maintaining the facilities used under the
ORSA Plan and in providing for participation by the new party. In
determining the amount of the participation fee, the Exchanges must
consider the following factors:
    1. The portion of costs previously paid for the development,
expansion and maintenance of facilities used under the ORSA Plan which,
under generally accepted accounting principles, would have been treated
as capital expenditures and would have been amortized over the five
years preceding the admission of the new party;
    2. an assessment of costs incurred and to be incurred, if any, to
accommodate the new party, which are not otherwise required to be paid
by the new party; and

    3. previous participation fees paid by other new parties.

If the Exchanges and a new party cannot agree on the amount of the
participation fee, the matter will be subject to review by the
Commission.

    A self-regulatory organization that does not maintain a market for
the trading of securities options may become a party to the ORSA Plan,
and a self-regulatory organization that ceases to maintain such a
market may continue to be a party to the ORSA Plan, only if permitted
by a majority of the other parties.

H. Term and Termination

    The ORSA Plan will remain in effect for so long as there are two or
more parties to the ORSA Plan. Any Exchange may withdraw from the ORSA
Plan at any time on not less than six months prior written notice to
each of the other parties. Any Exchange withdrawing from the ORSA Plan
will remain liable for its proportionate share of costs allocated to it
for the period during which it was a party, but it will have no further
obligations under the ORSA Plan or to any of the other Exchanges with
respect to the period following the effectiveness of its withdrawal.
The right of an Exchange to participate in joint regulatory services
under the ORSA Plan is not transferable without the consent of the
other Exchanges.

I. Amendments

    The ORSA Plan may be amended by the affirmative vote of all of the
parties, provided that the provisions pertaining to the allocation of
costs may be amended by the affirmative vote of not less than two-
thirds of the parties, subject in each case to any required approval of
the Commission.

III. Discussion

    In section 11A of the Act,\7\ Congress directed the Commission to
facilitate the development of a national market system consistent with
the objectives of the Act. In particular, section 11A(a)(3)(B) of the
Act \8\ authorizes the Commission ``by rule or order, to authorize or
require self-regulatory organizations to act jointly with respect to
matters as to which they share authority under this title in planning,
developing, operating, or regulatory a national market system (or a
subsystem thereof) or one or more facilities thereof.'' Rule 608 under
the Act establishes the procedures for filing, amending, and approving
national market system plans.\9\ Pursuant to paragraph (b)(2) of Rule
608, the Commission's approval of a national market system plan is
conditioned upon a finding that the proposed plan ``is necessary or
appropriate in the public interest, for the protection of investors and
the maintenance of fair and orderly markets, to remove impediments to,
and perfect the mechanisms of, a national market system, or otherwise
in furtherance of the purposes of the Act.'' \10\ After carefully
considering the ORSA Plan, the Commission finds that the ORSA Plan is
appropriate in the public interest, for the protection of investors and
the maintenance of fair and orderly markets, to remove impediments to,
and perfect the mechanisms of, a national market system, and in
furtherance of the purposes of the Act. In particular, the Commission
finds that the ORSA Plan is consistent with Section 11A of the Act \11\
and Rule 608 thereunder.\12\
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    \7\ 15 U.S.C. 78k-1.
    \8\ 15 U.S.C. 78k-1(a)(3)(B).
    \9\ 17 CFR 242.608.
    \10\ 17 CFR 242.608(b)(2).
    \11\ 15 U.S.C. 78k-1
    \12\ 17 CFR 242.608
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    The Commission believes that the ORSA Plan, which would permit the
Exchanges to pool their resources for the regulation and surveillance
of insider trading, should allow the Exchanges to more efficiently
implement an enhanced surveillance program for the detection of insider
trading, while eliminating redundant effort. In this regard, the
Commission believes that the ORSA Plan should promote more effective
regulation and surveillance of insider trading across all the options
markets maintained by the Exchanges.
    In approving the ORSA Plan, the Commission is authorizing the
Exchanges to work together according to the procedures provided for
under the ORSA Plan. The Commission is not approving or disapproving
the terms of the RSA, nor is the Commission passing judgment on the
surveillance performance of CBOE or the other Exchanges, acting
individually or jointly under the ORSA Plan, or on the quality of their
surveillance standards or any other parameters used for regulatory and
surveillance functions. The ultimate responsibility and primary
liability for self-regulatory failures remains with each Exchange, and
the ORSA Plan does not relieve an Exchange of its obligations as a
self-regulatory organization under the Act. In this regard, the ORSA
Plan specifically provides that each Exchange remains responsible to
enforce compliance by persons subject to its regulatory jurisdiction
with its own rules, the Act, and the rules and regulations thereunder.

IV. Conclusion

    It is hereby ordered, pursuant to section 11A of the Act,\13\ and
Rule 608 thereunder,\14\ that the ORSA Plan submitted by the Exchanges
is approved.
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    \13\ 15 U.S.C. 78k-1.
    \14\ 17 CFR 242.608.

    By the Commission.
Jill M. Peterson
Assistant Secretary.
[FR Doc. 06-5375 Filed 6-13-06; 8:45 am]

BILLING CODE 8010-01-M


[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Notices]
[Pages 45659-45660]
[FR Doc No: 2017-20953]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Pipeline and Hazardous Materials Safety Administration

Notice of Public Meeting

AGENCY: Office of Hazardous Materials Safety, Federal Aviation
Administration; Pipeline and Hazardous Materials Safety Administration;
Department of Transportation.

ACTION: Notice of public meeting.

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SUMMARY: In preparation for the International Civil Aviation
Organization's (ICAO) Dangerous Goods Panel (DGP) meeting to be held
October 16-October 27, 2017, in Montreal, Canada, the Federal Aviation
Administration's (FAA) Office of Hazardous Materials Safety and the
Pipeline and Hazardous Materials Safety Administration's (PHMSA) Office
of Hazardous Materials Safety announce a public meeting.

DATES: The public meeting will be held on Thursday, October 12, 2017
from 9 a.m. until 12 p.m., Eastern Time.

ADDRESSES: The public meeting will be held at FAA Headquarters, 600/800
Independence Avenue SW., Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT: Questions regarding the meeting can be
directed to Ms. Janet McLaughlin, Director, Office of Hazardous
Materials Safety, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591; telephone<PHONE_NUMBER>, Email<EMAIL_ADDRESS>Questions in advance of the meeting for
PHMSA can be directed to Mr. Kevin Leary, International Standards
Specialist, Pipeline and Hazardous Materials Safety Administration,
PHH-10, 1200 New Jersey Ave. SE., Washington, DC 20590, telephone (202)
366-8553, Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Participants are requested to register by
using the following email address<EMAIL_ADDRESS>Please
include your name, organization, email address, and indicate whether
you

will be attending in-person or participating via conference call. The
in-person meeting location specifics and conference call connection
information will be provided to those who register.
    We are committed to providing equal access to this meeting for all
participants. If you need alternative formats or other reasonable
accommodations, please call<PHONE_NUMBER> or email<EMAIL_ADDRESS>with your request by close of business on September 28,
2017.
    Information and viewpoints provided by stakeholders are requested
as the United States delegation prepares for the International Civil
Aviation Organization's Dangerous Goods Panel meeting to be held
October 16-October 27, 2017, in Montreal, Canada. Copies of working
papers, informal papers, the meeting agenda and report for this meeting
will be made available by ICAO at the following Web page: https://www.icao.int/safety/DangerousGoods/Pages/DGP26.aspx.
    Representatives from the FAA and PHMSA will be participating in the
public meeting. The meeting is intended to be informal, non-
adversarial, and to facilitate the public comment process. No
individual will be subject to questioning by any other participant.
Government representatives on the panel may ask questions to clarify
statements. Unless otherwise stated, any statement made during the
meetings by a member of the US delegation should not be construed as an
official position of the US Government.
    The meeting will be open to all persons, subject to the capacity of
the meeting room and phone lines available for those participating via
conference call. Every effort will be made to accommodate all persons
wishing to attend. The FAA and PHMSA will try to accommodate all
speakers, subject to time constraints.

    Issued in Washington, DC, on September 25, 2017.
Angela H. Stubblefield,
Deputy Associate Administrator for Security and Hazardous Materials
Safety, FAA.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, PHMSA.
[FR Doc. 2017-20953 Filed 9-28-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: August 19, 2008 (Volume 73, Number 161)]
[Notices]
[Page 48413]
[DOCID:fr19au08-75]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58335; File No. SR-NASDAQ-2008-053]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Granting Approval of Proposed Rule Change To Modify the Definition of
``Independent Director''

August 8, 2008.
    On June 6, 2008, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``Commission'') pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to modify
Nasdaq's definition of ``independent director.'' The proposed rule
change was published for comment in the Federal Register on July 2,
2008.\3\ The Commission received no comments on the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(l).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 58029 (June 26,
2008), 73 FR 38016.
---------------------------------------------------------------------------

    Currently, Nasdaq Rule 4200(a)(15)(B) provides that a director of a
listed company who accepted, or has a family member who accepted, any
compensation from the company in excess of $100,000 during any period
of twelve months within the preceding three years cannot be deemed an
independent director (with certain exceptions). The proposed rule
change would change this threshold amount to $120,000.
    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange, and in
particular with Section 6(b)(5) of the Act.\4\ The Commission notes
that Regulation S-K, Item 404, under the Act,\5\ which requires public
companies to disclose certain material information regarding the
independence of directors (among other ``related persons'' associated
with the company), establishes $120,000 as the amount above which
financial transactions and relationships involving a company and its
directors must be disclosed.\6\ The Commission believes that it is
appropriate for Nasdaq to use this same threshold amount with regard to
its definition of ``independent director'' in Nasdaq Rule 4200(a)(15)
as a ``bright line'' test to determine whether a director of a listed
company would be precluded from being considered independent. The
Commission further notes that even if a director (or a family member)
received less than $120,000 in compensation from the listed company,
the company's board still would have to make an affirmative
determination that the director has no relationship with the listed
company that, in the board's opinion, would interfere with the exercise
of his or her independent judgment in carrying out the responsibilities
of a director.\7\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b)(5). In approving this proposed rule change,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \5\ 17 CFR 229.404 and 17 CFR 228.404.
    \6\ See Securities Exchange Act Release No. 54302A (August 29,
2006), 71 FR 53158 (September 8, 2006).
    \7\ See Nasdaq Rule 4200(a)(15) and IM-4200.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (SR-NASDAQ-2008-053) be, and
hereby is, approved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2).
    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-19113 Filed 8-18-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 62 (Tuesday, March 31, 2020)]
[Notices]
[Page 17939]
[FR Doc No: 2020-06591]

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

Federal Aviation Administration

[Docket No. FAA-2020-0302]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection:
Certification and Operations: Airplanes With Seating Capacity of 20 or
More Passenger Seats or Maximum Payload of 6,000 Pounds or More--FAR
125

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. This collection involves the certification and operation of
aircraft with seating capacity of 20 or more passengers, or maximum
payload of 6,000 pounds or more, and includes the operator application
requirements, maintenance requirements, and various operational
requirements.

DATES: Written comments should be submitted by June 1, 2020.

ADDRESSES: Please send written comments:

By Electronic Docket: www.regulations.gov (Enter docket number into
search field)
By mail: Dwayne C. Morris, 800 Independence Ave. SW, Washington, DC
20591
By fax:<PHONE_NUMBER>

FOR FURTHER INFORMATION CONTACT: Ronald A. Forsyth by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0085
    Title: Certification and Operations: Airplanes with Seating
Capacity of 20 or More Passenger Seats or Maximum Payload of 6,000
Pounds or More--FAR 125
    Form Numbers: None.
    Type of Review: Renewal.
    Background: The reporting and recordkeeping requirements under this
collection are necessary for the FAA to issue, reissue, and amend part
125 applicants' operating certificates and operation specifications. A
letter of application and related documents which set forth an
applicant's ability to conduct operations in compliance with the
provisions of 14 CFR part 125 are submitted to the appropriate Flight
Standards District Office (FSDO). Inspectors in FAA FSDOs review the
submitted information to determine certificate eligibility. If the
letter of application, related documents, and inspection show that the
applicant satisfactorily meets acceptable safety standards, an
operating certificate and operations specifications will be issued. If
the information were not collected, the FAA could not discharge its
responsibility to promote the safety of large airplane operators during
such operations.
    Respondents: 85 certificated part 125 operators (75 existing
operators and 10 new applicants per year).
    Frequency: On occasion.
    Estimated Average Burden per Response: 13 minutes.
    Estimated Total Annual Burden: 50,378 hours total; 593 hours per
respondent.

    Issued in Washington, DC, on March 25, 2020.
Dwayne C. Morris,
Project Manager, Flight Standards Service, General Aviation and
Commercial Division.
[FR Doc. 2020-06591 Filed 3-30-20; 8:45 am]
BILLING CODE 4910-13-P