[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Notices]
[Pages 23365-23366]
[FR Doc No: 2020-08879]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-0892]

Prospective Grant of an Exclusive Patent License: Development,
Production, and Commercialization of a Seasonal Influenza Vaccine

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The U.S. Food and Drug Administration (FDA) is contemplating
the grant of an Exclusive Patent License to practice the inventions
embodied in the Patents and Patent Applications listed in the
SUPPLEMENTARY INFORMATION section of this notice to Sciogen Inc.
located in San Jose, California.

DATES: Only written comments and/or complete applications for a license
which are received by the FDA Technology Transfer Program within 15
days from the date of publication of this notice in the Federal
Register will be considered.

ADDRESSES: Requests for copies of the patent applications, inquiries,
including inquiries concerning license applications, and comments and
objections relating to the contemplated Exclusive Patent License should
be directed to William Ronnenberg, Lead Patent Advisor, Technology
Transfer Program, Food and Drug Administration, 10903 New Hampshire
Ave., Silver Spring, MD 20993<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: William Ronnenberg, Lead Patent
Advisor, Technology Transfer Program, Food and Drug Administration,
10903 New Hampshire Ave., Silver Spring, MD 20993;<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Intellectual Property

    1. U.S. Patent No. 9,163,068 issued October 20, 2015, entitled,
``Influenza Virus Recombinant Proteins'' (FDA Ref. No. E-2010-004/US-
03).
    2. U.S. Patent No. 9,896,484 issued February 20, 2018, entitled,
``Influenza Virus Recombinant Proteins'' (FDA Ref. No. E-2010-004/US-
04).
    The patent rights in these inventions have been assigned and/or
exclusively licensed to the government of the United States.
    The prospective exclusive license territory may be limited to the
United States for certain of the rights, or

worldwide, and the field of use may be limited to the following:
    ``The development, production, and commercialization of seasonal
influenza vaccines.''
    This notice is made in accordance with 35 U.S.C. 209 and 37 CFR
part 404. The prospective exclusive license will be royalty bearing,
and the prospective exclusive license may be granted unless, within 15
days from the date of this published notice, the Technology Transfer
Program at FDA receives written evidence and argument that establishes
that the grant of the license would not be consistent with the
requirements of 35 U.S.C. 209 and 37 CFR part 404.
    In response to this notice, the public may file comments or
objections (See, ADDRESSES). Comments and objections, other than those
in the form of a completed license application, will not be treated
confidentially, and may be made publicly available.
    License applications submitted in response to this notice will be
presumed to contain business confidential information and any release
of information in these license applications will be made only as
required and upon a request under the Freedom of Information Act, 5
U.S.C. 552.

    Dated: April 21, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-08879 Filed 4-24-20; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Notices]
[Pages 17206-17209]
[FR Doc No: 2018-08053]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83039; File No. SR-PEARL-2018-02]

Self-Regulatory Organizations; MIAX PEARL, LLC; Order Granting
Approval of a Proposed Rule Change To Adopt Rules Relating to Index
Options

April 12, 2018.

I. Introduction

    On February 8, 2018, MIAX PEARL, LLC (``MIAX PEARL'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to the provisions of Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to adopt rules relating to index
options. The proposed rule change was published for comment in the
Federal Register on February 27, 2018.\3\ The Commission received no
comments regarding the proposal. This order approves the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 82756 (February 21,
2018), 83 FR 8538 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

A. Overview

    The Exchange proposes to amend MIAX PEARL Rule 504 and adopt new
Chapter XVIII to accommodate the trading of index options on the
Exchange by MIAX PEARL Members; and establish generic listing standards
and maintenance standards to permit the Exchange to list ``broad-
based'' and ``narrow-based'' index options on the Exchange pursuant to
Rule 19b-4(e) under the Act.\4\ Proposed MIAX PEARL Chapter XVIII would
incorporate by reference Chapter XVIII of the rules of the Exchange's
affiliate, Miami International Securities Exchange, LLC (``MIAX
Options'').\5\ The proposed generic listing and maintenance standards
for broad-based indices listed and traded on the Exchange require,
among other things, that options on the index be a.m.-settled; that the
index be capitalization-weighted, modified capitalization-weighted,
price-weighted, or equal dollar-weighted; and that the index be
comprised of at least fifty securities, all of which must be ``NMS
stocks,'' as defined in Rule 600 of Regulation NMS.\6\ The proposed
generic listing and maintenance standards for narrow-based indices
require, among other characteristics, that the proposed indices must
consist of ten or more component securities.\7\
---------------------------------------------------------------------------

    \4\ 17 CFR 240.19b-4(e). The term ``broad-based index'' is
defined as an index designed to be representative of a stock market
as a whole or of a range of companies in unrelated industries. See
Proposed Rule 1801(k). The term ``narrow-based index'' is defined as
an index designed to be representative of a particular industry or a
group of related industries or an index whose constituents are all
headquartered within a single country. See Proposed Rule 1801(j).
    \5\ The Commission has separately issued an order granting the
Exchange an exemption pursuant to Section 36(a) of the Act from the
rule filing requirements of Section 19(b) of the Act with respect to
the rules in MIAX Options Chapter XVIII that the Exchange seeks to
incorporate by reference. See Securities Exchange Act Release No.
83040 (April 12, 2018). See also Securities Exchange Act Release No.
81739 (September 27, 2017), 82 FR 46111 (October 3, 2017) (order
approving SR-MIAX-2017-39) (``MIAX Options Order''). The Commission
notes that the MIAX Options Order also approved changes to MIAX
Options Rules 308, 313, and 700, which rules are already
incorporated by reference in MIAX PEARL's rules. See id. at 46112 &
nn. 13 & 15. See also Notice, supra note 3, at 8539. In the
description of the proposed rule change below, the term ``Proposed
Rule'' shall refer to the rules in MIAX Options Chapter XVIII, which
the Exchange has proposed to be incorporated by reference into the
MIAX PEARL Rules and thereby become applicable to MIAX PEARL
Members.
    \6\ See Proposed Rule 1802(d)(4).
    \7\ See Proposed Rule 1802(b)(2).
---------------------------------------------------------------------------

    Because the rules related to options in indices are product
specific in many areas,\8\ certain rules will indicate that they apply
to ``Specified'' indices. Proposed Rules 1800, 1801(n), 1804(a),
1807(a), 1809, and 1811 all contain provisions that are dependent upon
the Exchange identifying specific index products in the rule.
Accordingly, Proposed Rule 1800 states that where the rules in Chapter
XVIII indicate that particular indices or requirements with respect to
particular indices will be ``Specified,'' the Exchange will file a
proposed rule change with the Commission pursuant to Section 19 of the
Act \9\ and Rule 19b-4 \10\ thereunder to specify such indices or
requirements. Because MIAX PEARL has incorporated the rules in MIAX
Options Chapter XVIII by reference, MIAX PEARL's rules will be amended
when MIAX Options files a proposed rule change with the Commission
pursuant to Section 19 of the Act \11\ and Rule 19b-4 \12\ thereunder
to specify such indices or requirements.\13\ As more fully set forth in
the Notice and further described below, the proposed new Exchange Rules
are based on the existing rules of other options exchanges.\14\
---------------------------------------------------------------------------

    \8\ See Notice, supra note 3, at 8539.
    \9\ 15 U.S.C. 78s.
    \10\ 17 CFR 240.19b-4.
    \11\ 15 U.S.C. 78s.
    \12\ 17 CFR 240.19b-4.
    \13\ See Notice, supra note 3, at 8539. See also supra note 5.
    \14\ See, e.g., MIAX Options Rules Chapter XVIII; Nasdaq ISE,
LLC (``ISE'') Rules, Chapter 20, Index Rules; Nasdaq GEMX, LLC
Rules, Chapter 20, Index Rules; Nasdaq MRX, LLC Rules, Chapter 20,
Index Rules; NASDAQ PHLX LLC (``Phlx'') Rules 1000A-1108A; and
Chicago Board Options Exchange, Inc. (``CBOE'') Rules, Chapter XXIV,
Index Options; Cboe C2 Exchange, Inc. Rules, Chapter 24, Index
Options. See also Notice, supra note 3, at 8539.

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

B. Index Options Procedural Rules

    MIAX PEARL proposes to add new Chapter XVIII to the Exchange rules
(``Proposed Rules''), which would incorporate by reference the rules in
Chapter XVIII of MIAX Options.\15\ The proposal would, among other
things, set forth general procedural rules that address the trading
sessions for index options, including the days and hours of business,
opening rotation, and halts and suspensions.\16\ Existing MIAX PEARL
Rules further provide for the procedures Members must follow with
respect to the exercise of American-style, cash settled index
options.\17\
---------------------------------------------------------------------------

    \15\ The Exchange also proposes to amend MIAX PEARL Rule 504
(Trading Halts) to address index options.
    \16\ See Proposed Rule 1808.
    \17\ See MIAX PEARL Rules 313(a)(3) and 700(h). See also supra
note 5.
---------------------------------------------------------------------------

    The Proposed Rules also establish position limit and exercise
limits for index options.\18\ In addition, existing MIAX PEARL Rules
and the Proposed Rules provide for exemption standards from position
limits and procedures for requesting exemptions from those rules.\19\
The proposed position limits and exercise limits, as well as the
proposed exemptions, are different for broad-based index options and
narrow-based index options.\20\
---------------------------------------------------------------------------

    \18\ See Proposed Rules 1804, 1805, and 1807.
    \19\ See MIAX PEARL Rule 308(b) and Proposed Rule 1806. See also
supra note 5.
    \20\ See Proposed Rules 1804 to 1807.
---------------------------------------------------------------------------

C. Generic Listing Standards and Maintenance Standards for Broad-Based
Index Options

    The Exchange also proposes to establish generic listing and
maintenance standards in Proposed Rule 1802 to enable the Exchange to
list and trade new broad-based index options pursuant to Rule 19b-4(e)
under the Act.\21\ Proposed Rule 1802(d) sets forth the initial listing
standards for broad-based index options. The listing standards require,
among other things, that the underlying index be broad-based, as
defined in Rule 1801(k); that options on the index be a.m. settled;
that the index be capitalization-weighted, modified capitalization-
weighted, price-weighted, or equal dollar-weighted; and that the index
consist of 50 or more component securities, each of which must be an
``NMS stock'' as defined in Rule 600 of Regulation NMS under the
Act.\22\ In addition, Proposed Rule 1802(d) requires that the index's
component securities meet certain minimum market capitalization and
average daily trading volume requirements; that no single component
account for more than10% of the weight of the index and that the five
highest weighted component securities represent no more than 33% of the
weight of the index; that the index value be widely disseminated at
least once every 15 seconds; and that the Exchange have written
surveillance procedures in place with respect to the index options.
Proposed Rule 1802(e) establishes maintenance standards for broad-based
index options listed pursuant to Proposed Rule 1802(d). The Exchange
states that the proposed listing and maintenance standards are modeled
after standards approved by the Commission for other options
exchanges.\23\
---------------------------------------------------------------------------

    \21\ 17 CFR 240.19b-4(e). Rule 19b-4(e) provides that the
listing and trading of a new derivative securities product by a
self-regulatory organization (``SRO'') shall not be deemed a
proposed rule change, pursuant to paragraph (c)(1) of Rule 19b-4, if
the Commission has approved, pursuant to Section 19(b) of the Act,
the SRO's trading rules, procedures, and listing standards for the
product class that includes the new derivative securities product
and the SRO has a surveillance program for the product class. When
relying on Rule 19b-4(e), the SRO must submit Form 19b-4(e) to the
Commission within five business days after the exchange begins
trading the new derivative securities products. See Securities
Exchange Act Release No. 40761 (December 8, 1998), 63 FR 70952
(December 22, 1998) (File No. S7-13-98).
    \22\ See 17 CFR 242.600.
    \23\ See, e.g., MIAX Options Rule 1802(d); NYSE American LLC
(``NYSE American'') Rule 901C.02(a) and (b); CBOE Rule 24.2(f) and
(g); NYSE Arca, Inc. (``NYSE Arca'') Rule 5.12-O; Phlx Rule 1009A(d)
and (e); and ISE Rule 2002(d) and (e).
---------------------------------------------------------------------------

D. Generic Listing Standards and Maintenance Standards for Narrow-Based
Index Options

    The Exchange further proposes to establish generic listing and
maintenance standards in Proposed Rule 1802 to enable the Exchange to
list and trade new narrow-based index options pursuant to Rule 19b-4(e)
under the Act.\24\ Proposed Rule 1802(b) sets forth the initial listing
standards for narrow-based index options. The listing standards
require, among other things, that options on the index be a.m. settled;
that the index be capitalization-weighted, price-weighted, equal
dollar-weighted, or modified capitalization-weighted; and that the
index consist of 10 or more component securities, each of which must be
an ``NMS stock'' as defined in Rule 600 of Regulation NMS under the
Act.\25\ In addition, Proposed Rule 1802(b) requires that the index's
component securities meet certain minimum market capitalization and
average daily trading volume requirements; that no single component
account for more than 30% of the weight of the index and that the five
highest weighted component securities represent no more than 50% (65%
for an index consisting of fewer than 25 component securities) of the
weight of the index; that the index value be widely disseminated at
least once every 15 seconds; and that non-U.S. component securities
(stocks or ADRs) that are not subject to comprehensive surveillance
agreements do not in the aggregate represent more than 20% of the
weight of the index. Proposed Rule 1802(c) establishes maintenance
standards for narrow-based index options listed pursuant to Proposed
Rule 1802(b). The Exchange states that the proposed listing and
maintenance standards are modeled after standards approved by the
Commission for other options exchanges.\26\
---------------------------------------------------------------------------

    \24\ 17 CFR 240.19b 09 094(e). See also supra note 21.
    \25\ See 17 CFR 242.600.
    \26\ See, e.g., MIAX Options Rule 1802(b) and (c); NYSE American
Rule 901C.03; CBOE Rule 24.2(b) and (c); NYSE Arca Rule 5.13-O; Phlx
Rule 1009A(b) and (c); and ISE Rule 2002(b) and (c).
---------------------------------------------------------------------------

E. Surveillance and Capacity

    The Exchange represents that it has an adequate surveillance
program in place for index options. The Exchange is a member of the
Intermarket Surveillance Group (``ISG''), which is comprised of an
international group of exchanges, market centers, and market
regulators.\27\ The Exchange further represents that it has analyzed
its capacity and believes the Exchange and the Options Price Reporting
Authority (``OPRA'') have the necessary systems capacity to handle the
additional traffic associated with the listing and trading of index
options.\28\
---------------------------------------------------------------------------

    \27\ See Notice, supra note 3, at 8552. The ISG was formed on
July 14, 1983, to, among other things, coordinate more effectively
surveillance and investigative information sharing arrangements in
the stock and options markets. The purpose of the ISG is to provide
a framework for the sharing of information and the coordination of
regulatory efforts among exchanges trading securities and related
products to address potential intermarket manipulations and trading
abuses. Id. The ISG plays a crucial role in information sharing
among markets that trade securities, options on securities, security
futures products, and futures and options on broad-based security
indexes. Id.
    \28\ See id.
---------------------------------------------------------------------------

F. Implementation

    The Exchange will announce the implementation date of the proposed
rule change by Regulatory Circular to be published no later than 90
days following the approval of the proposed rule change. The
implementation date will be no later than 90 days following the
issuance of the Regulatory Circular.

III. Discussion and Commission Findings

    After careful review, 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) of the Act.\29\ In particular,
the Commission believes that the Exchange's proposal to establish rules
and procedures applicable to index options and establish generic
listing and maintenance standards for broad-based and narrow-based
index options is consistent with Section 6(b)(5) of the Act,\30\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanisms of a free and open market and
a national market system and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78f(b). 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).
    \30\ 15 U.S.C. 78f(b)(5). See also supra note 5.
---------------------------------------------------------------------------

    The Commission believes that permitting the trading of options on
an index of securities (including a narrow-based index) enables
investors to participate in the price movements of the index's
underlying securities and allows investors holding positions in some or
all of such securities to hedge the risks associated with their
portfolios. The Commission further believes that options on an index
provide investors with an important trading and hedging mechanism that
is designed to reflect accurately the overall movement of the component
stocks. In particular, the Commission believes that the proposed
position and exercise limits should serve to minimize potential
manipulation concerns.

A. Generic Listing and Maintenance Standards for Broad-Based and
Narrow-Based Index Options

    In considering the proposed generic listing and maintenance
standards for broad-based and narrow-based index options, the
Commission notes that they are consistent with the listing and
maintenance standards for broad-based and narrow-based index options
that other exchanges \31\ have developed and that the Commission has
previously approved.\32\ The Commission finds that the generic
standards covering minimum capitalization, monthly trading volume, and
relative weightings of component stocks are designed to ensure that the
trading markets for component stocks are adequately capitalized and
sufficiently liquid, and that no one stock or stock group dominates the
index. Thus, the Commission believes that the satisfaction of these
requirements significantly minimizes the potential for manipulation of
the index.
---------------------------------------------------------------------------

    \31\ See, e.g., MIAX Options Rules Chapter XVIII; NYSE American
Rules 901C.02 and 901C.03; CBOE Rule 24.2; NYSE Arca Rules 5.12-O
and 5.13-O; Phlx Rule 1009A; and ISE Rule 2002.
    \32\ See, e.g., MIAX Options Order, supra note 5 (order
approving rules for index options, including generic listing and
maintenance standards for broad-based and narrow-based index
options); Securities Exchange Act Release Nos. 48405 (August 25,
2003), 68 FR 52257 (September 2, 2003) (SR-ISE-2003-05) (order
approving rules for index options and generic listing and
maintenance standards for narrow-based index options); 52578
(October 7, 2005), 70 FR 60590 (October 18, 2005) (SR-ISE-2005-27)
(order approving generic listing and maintenance standards for
broad-based index options); and 75650 (August 7, 2015), 80 FR 48600
(August 13, 2015) (SR-EDGX-2015-18) (order approving options trading
rules, including generic listing and maintenance standards for
broad-based and narrow-based index options).
---------------------------------------------------------------------------

    The Commission also finds the requirements that all securities
comprising the index be an ``NMS stock'' as defined in Rule 600 of
Regulation NMS under the Act,\33\ and that the index value be
disseminated at least once every 15 seconds during trading hours of the
index, will contribute significantly to the transparency of the market
for such index options.
---------------------------------------------------------------------------

    \33\ See 17 CFR 242.600.
---------------------------------------------------------------------------

    The Commission further notes that the Exchange's rules that are
applicable to broad-based and narrow-based index options, including
provisions addressing sales practices, floor trading procedures,
position and exercise limits, margin requirements, and trading halts
and suspensions, will continue to apply to any broad-based or narrow-
based index options listed pursuant to Rule 19b-4(e) under the Act.
    The Commission's approval of the Exchange's proposed listing
standards for broad-based and narrow-based index options will allow
those index option products that satisfy the generic listing standards
to begin trading pursuant to Rule 19b-4(e) under the Act, without the
need for notice and comment and Commission approval. The Exchange's
ability to rely on Rule 19b-4(e) under the Act for these products
potentially reduces the time frame for listing and trading these
securities, and thus enhances investors' opportunities.\34\
---------------------------------------------------------------------------

    \34\ The Exchange, however, must maintain regulatory oversight
over any products listed under the generic listing standards through
adequate surveillance. The Exchange represents that it has an
adequate surveillance program in place for index options. See
Notice, supra note 3, at 8552.
---------------------------------------------------------------------------

B. Surveillance

    As noted above,\35\ the Commission believes that the Exchange must
maintain regulatory oversight over any products listed under the
generic listing standards through adequate surveillance, and the
Exchange represents that it has an adequate surveillance program in
place for index options. The Commission also believes that a
surveillance sharing agreement between an Exchange proposing to list a
stock index derivative product and the exchange(s) trading the stocks
underlying the derivative product is an important measure for
surveillance of the derivative and underlying securities markets. The
Commission notes that such agreements ensure the availability of
information necessary to detect and deter potential manipulations and
other trading abuses, thereby making the stock index product less
readily susceptible to manipulation. When a new derivative securities
product based upon domestic securities is listed and traded on an
exchange pursuant to Rule 19b-4(e) under the Act, the exchange should
determine that the markets upon which all of the U.S. component
securities trade are members of the ISG, which provides information
relevant to the surveillance of the trading of securities on other
market centers.\36\ In this regard, all of the registered national
securities exchanges, including the Exchange, as well as the Financial
Industry Regulatory Authority (FINRA), are members of the ISG.
---------------------------------------------------------------------------

    \35\ See supra note 34.
    \36\ See Securities Exchange Act Release No. 40761 (December 8,
1998), 63 FR 70952 (December 22, 1998) (File No. S7-13-98).
---------------------------------------------------------------------------

    For new derivative securities products based on securities from a
foreign market, the SRO should have a comprehensive Intermarket
Surveillance Agreement with the market for the securities underlying
the new securities product.\37\ Accordingly, the Commission finds that
the requirement that no more than 20% of the weight of the index may be
comprised of non-U.S. component securities (stocks or ADRs) that are
not subject to a comprehensive surveillance sharing agreement between
the particular U.S. exchange and the primary market of the underlying
security will continue to ensure that the Exchange has the ability to
adequately surveil trading in the broad-based and narrow-based index
options and the ADR components of the index.\38\
---------------------------------------------------------------------------

    \37\ Id.
    \38\ See Proposed Rule 1802(b)(9) and (d)(10).

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

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\39\ that the proposed rule change (SR-PEARL-2018-02), be and
hereby is approved.
---------------------------------------------------------------------------

    \39\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\40\
---------------------------------------------------------------------------

    \40\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-08053 Filed 4-17-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Rules and Regulations]
[Pages 24239-24241]
[FR Doc No: 2017-10402]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0451; Directorate Identifier 2017-CE-015-AD;
Amendment 39-18885; AD 2017-10-11]
RIN 2120-AA64

Airworthiness Directives; Stemme AG Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for Stemme
AG Model S10-VT gliders (type certificate previously held by Stemme
GmbH & Co. KG). This AD results from mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another country
to identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as certain propeller front
transmission gear wheels having insufficient material strength because
of improper heat treatment

during manufacturing. We are issuing this AD to require actions to
address the unsafe condition on these products.

DATES: This AD is effective June 15, 2017.
    We must receive comments on this AD by July 10, 2017.

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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0451; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
(800) 647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No. 2017-0072-E, dated April 26, 2017 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    It has been determined that, following improper heat treatment
during manufacture, the material strength of an identified batch of
propeller front transmission gear wheels is insufficient.
    This condition, if not corrected, can lead to failure of a gear
wheel, with possible loss of the power transmission between the
engine and the propeller and, eventually, reduced control of the
sailplane.
    Prompted by these determinations, Stemme issued Service Bulletin
(SB) P062-980010, providing instructions not to operate sailplanes
equipped with affected parts.
    For the reasons described above, this [EASA] AD requires
replacement of affected gearboxes.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0451.

FAA's Determination and Requirements of the 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 this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
improper heat treatment of the propeller front transmission gear wheels
could cause the gear wheel to fail. This failure could cause loss of
power between the engine and the propeller, which could result in
reduced control. Therefore, we determined that notice and opportunity
for public comment before issuing this AD are impracticable and that
good cause exists for making this amendment effective in fewer than 30
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2017-0451; Directorate
Identifier 2017-CE-015-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
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 AD.

Costs of Compliance

    There are approximately 50 Stemme AG Model S10-VT gliders of U.S.
registry but only 14 serial numbers of the part number (P/N) 11AG front
gearbox. Therefore, the most gliders of U.S. registry affected would be
14. According to Stemme AG, there are only 2 of the affected gearboxes
installed on gliders of U.S. registery.
    At the issue date of this AD, no design solution is available to
restore the airworthiness of the respective type design to a level
corresponding to its approved type design specifications. Therefore,
the FAA cannot determine the cost of returning the affected gliders to
service.

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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 that this AD:
    (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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 AD:

2017-10-11 Stemme AG: Amendment 39-18885; Docket No. FAA-2017-0451;
Directorate Identifier 2017-CE-015-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 15,
2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Stemme AG Model S10-VT gliders (type
certificate previously held by Stemme GmbH & Co. KG), all serial
numbers, that are:
    (1) Equipped with a front gearbox, part number (P/N) 11AG, with
a serial number listed in table 1 to paragraph (c) of this AD; and
    (2) are certificated in any category.

Table 1 to Paragraph (c) of This AD--Affected P/N 11AG (Front Gearbox) S/
                                   Ns
------------------------------------------------------------------------

------------------------------------------------------------------------
              80058/0814                           80065/0616
              80059/0915                           80066/0716
              80060/0915                           80067/0916
              80061/1115                           80068/1016
              80062/1215                           80069/0117
              80063/0116                           80070/0217
              80064/0416                           80071/0217
------------------------------------------------------------------------

    Note 1 to paragraph (c) of this AD: Page 2 of Stemme AG Service
Bulletin No. P062-980010, dated April 21, 2017, provides a pictorial
of where the serial number of the affected gearboxes are located.

(d) Subject

    Air Transport Association of America (ATA) Code 61: Propellers/
Propulsors.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as certain
propeller front transmission gear wheels having insufficient
material strength because of improper heat treatment during
manufacturing. We are issuing this AD to prevent failure of the
propeller front transmission gear wheels. This failure could cause
loss of power between the engine and the propeller, which could
result in reduced control.

(f) Actions and Compliance

    Unless already done, do the following actions.
    (1) Before further flight after June 15, 2017 (the effective
date of this AD), replace the front gearbox following a method
approved specifically for this AD by the FAA, Small Airplane
Directorate. Contact the FAA using the information in paragraph
(g)(1) of this AD to obtain FAA-approved repair instructions
approved specifically for compliance with this AD and incorporate
those instructions.

    Note 2 to paragraph (f)(1) of this AD: At the issue date of this
AD, no design solution is available to restore the airworthiness of
the respective type design to a level corresponding to its approved
type design specifications.

    (2) As of June 15, 2017 (the effective date of this AD), do not
install a front gear box listed in paragraph (c) of this AD.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any glider
to which the AMOC applies, notify your appropriate principal
inspector (PI) in the FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
    (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.

(h) Related Information

    (1) Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2017-0072-E, dated April 26, 2017, and Stemme AG Service Bulletin
No. P062-980010, dated April 21, 2017, for related information. You
may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2017-0451.
    (2) For information concerning this action, contact STEMME AG
service information identified in this AD, contact STEMME AG,
Flugplatzstrasse F2, Nr. 6-7, D-15344 Strausberg, Germany;
telephone: +49 (0) 3341-3612-0, fax: +49 (0) 3341-3612-30; Internet:
www.stemme.com.

    Issued in Kansas City, Missouri, on May 9, 2017.
Melvin Johnson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-10402 Filed 5-25-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26700-26701]
[FR Doc No: 2020-09493]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4479-DR; Docket ID FEMA-2020-0001]

South Carolina; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of South Carolina (FEMA-4479-DR), dated March
17, 2020, and related determinations.

DATE:  The declaration was issued March 17, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 17, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of South Carolina resulting from severe storms, tornadoes, straight-
line winds, and flooding during the period of February 6 to February
13, 2020, is of sufficient severity and magnitude to warrant a major
disaster declaration under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of South Carolina.

    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Allan Jarvis, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of South Carolina have been
designated as adversely affected by this major disaster:

    Anderson, Chester, Greenville, Newberry, Oconee, Pickens, and
Spartanburg Counties for Public Assistance.
    All areas within the State of South Carolina are eligible for
assistance under the Hazard Mitigation Grant Program.

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

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-09493 Filed 5-4-20; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Notices]
[Page 41049]
[FR Doc No: 2013-16342]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP13-998-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: Cap Rel Neg Rate Agmt (ONEOK 34951 to BG 41007) to be
effective 7/1/2013.
    Filed Date: 06/26/2013.
    Accession Number: 20130626-5013.
    Comment Date: 5:00 p.m. Eastern Time on Monday, July 08, 2013.

    Docket Numbers: RP13-999-000.
    Applicants: TWP Pipeline LLC.
    Description: TWP Pipeline LLC submits tariff filing per 154.204:
TWP Pipeline LLC Housekeeping Filing to be effective 7/26/2013.
    Filed Date: 06/26/2013.
    Accession Number: 20130626-5029.
    Comment Date: 5:00 p.m. Eastern Time on Monday, July 08, 2013.

    Docket Numbers: RP13-1000-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Natural Gas Pipeline Company of America LLC submits
tariff filing per 154.204: Green Valley Negotiated Rate to be effective
7/1/2013.
    Filed Date: 06/26/2013.
    Accession Number: 20130626-5049.
    Comment Date: 5:00 p.m. Eastern Time on Monday, July 08, 2013.

    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: June 27, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-16342 Filed 7-8-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 65 (Wednesday, April 7, 2021)]
[Notices]
[Page 18121]
[FR Doc No: 2021-07139]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Modifications to
Special Permit

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

ACTION: List of applications for modification of special permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before April 22, 2021.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Washington, DC
20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Safety General Approvals and Permits Branch,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington DC.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on April 1, 2021.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

                                              Special Permits Data
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special permits
      Application No.                Applicant            Regulation(s) affected              thereof
----------------------------------------------------------------------------------------------------------------
3121-M.....................  Department of Defense US   172.101(i)(3)............  To modify the special permit
                              Army Military Surface                                 to update references to
                              Deployment &                                          military manuals referenced
                              Distribution Command.                                 in the permit. (mode 1)
10631-M....................  Department of Defense US   173.243, 173.244.........  To modify the special permit
                              Army Military Surface                                 to remove outdated
                              Deployment &                                          references to military
                              Distribution Command.                                 programs used and to more
                                                                                closely align with the HMR.
                                                                                (mode 1)
16016-M....................  ISI Automotive Austria     173.301, 173.302a,         To modify the special permit
                              Gmbh.                      173.305.                   to authorize the addition of
                                                                                a further tube material for
                                                                                the pressure vessel shell of
                                                                                vessels with an outer
                                                                                diameter of 30mm. (modes 1,
                                                                                2, 3, 4, 5)
21012-M....................  Praxair Distribution,      172.203(a), 180.209......  To modify the special permit
                              Inc..                                                 to remove the requirement
                                                                                for putting the SP number on
                                                                                shipping papers and to make
                                                                                it more consistent with
                                                                                similar special permits.
                                                                                (modes 1, 2, 3, 4, 5)
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-07139 Filed 4-6-21; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Page 53431]
[FR Doc No: 2011-21816]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12865-002; Project No. 14072-000]

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

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

    Free Flow's hydrokinetic Project, Project No. 12865-002 would
consist of: (1) Up to 2,250 SmartTurbine generating units installed
in arrays on the bottom of the river; (2) the total capacity of the
installation would be up to 90,000 kilowatts; (3) flexible cables
would convey each arrays power to a metering station; and (4) a
transmission line would interconnect with the power grid. The
proposed project would have an average annual generation of
197,100,000 kilowatt-hours (kWh), which would be sold to a local
utility.
    Northland's hydrokinetic Project, Project No. 14072-000 would
consist of: (1) Up to 150 TREK generating units installed in a
matrix on the bottom of the river; (2) the total capacity of the
installation would be up to 38,000 kilowatts; (3) shielded
underwater cables would convey each matrix power to a substation;
and (4) a transmission line would interconnect with the power grid.
The proposed project would have an average annual generation of
329,000,000 kWh, which would be sold to a local utility.
    Applicants Contact: For Free Flow: Ramya Swaminathan, Free Flow
Power Corporation, 239 Causeway Street, Boston, MA 02114; phone
(978) 283-2822. For Northland: Tim Richardson, 30 St. Clair Avenue
West 17th Floor, Toronto, Ontario, Canada; phone<PHONE_NUMBER>.
    FERC Contact: Michael Spencer,<PHONE_NUMBER>.

    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site (http://www.ferc.gov/docs-filing/ferconline.asp) under the
``eFiling'' link. For a simpler method of submitting text-only
comments, click on ``Quick Comment.'' For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>call toll-free at
(866) 208-3676; or, for TTY, contact<PHONE_NUMBER>. Although the
Commission strongly encourages electronic filing, documents may also be
paper-filed. To paper-file, mail an original and eight copies to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-12865-002, or P-14072-000) in the docket
number field to access the document. For assistance, contact FERC
Online Support.

    Dated: August 19, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-21816 Filed 8-25-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Notices]
[Pages 26064-26066]
[FR Doc No: 2012-10541]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66864; File No. SR-EDGX-2012-14]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Fees Associated With Receipt of the EDGX Book Feed

April 26, 2012.
    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 April 19, 2012, EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its fee schedule applicable to
Members \3\ and non-Members of the Exchange to assess market data fees
for internal and external distribution of the EDGX book feed (``EDGX
Book Feed''). The text of the proposed rule change is available on the
Exchange's Web site at www.directedge.com, at the Exchange's principal
office, and at the Public Reference Room of the Commission.
---------------------------------------------------------------------------

    \3\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------

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

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

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

1. Purpose
    In SR-EDGX-2011-18,\4\ the Exchange made available the EDGX Book
Feed, a data feed that contains all orders for securities trading on
the Exchange, including all displayed orders for listed securities
trading on EDGX, order executions, order cancellations, order
modifications, order identification numbers and administrative
messages. The EDGX Book Feed offers real-time data, thereby allowing
Member firms to more accurately price their orders based on EDGX's view
of the depth of book information. It also provides Members an ability
to track their own orders from order entry to execution. It is
available in both unicast and multicast format. Upon the Exchange's
initial offering of the EDGX Book Feed, such service was provided at no
cost. In SR-EDGX-2011-18, the Exchange stated that ``[s]hould EDGX
determine to charge fees

associated with the EDGX Book Feed, EDGX will submit a proposed rule
change to the Commission in order to implement those fees.'' \5\ This
proposal is designed to implement fees for the receipt of the EDGX Book
Feed.
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 64791 (July 1, 2011), 76
FR 39944 (July 7, 2011) (SR-EDGX-2011-18).
    \5\ Id.
---------------------------------------------------------------------------

    The proposed rule change to the EDGX fee schedule codifies such a
fee associated with the receipt of the EDGX Book Feed. The Exchange,
like other market centers and other data providers, intends to assess
fees for entities that receive real-time market data directly or
indirectly and act as either internal or external distributors, as
discussed below. A ``Distributor'' of Exchange data is any entity that
receives an EDGX Book Feed directly from the Exchange or indirectly
through another entity and then distributes such data either internally
(within that entity) (``Internal Distributor'') or externally (outside
that entity) (``External Distributor''). All Distributors shall execute
a Market Data Vendor Agreement with Direct Edge, Inc., acting on behalf
of the EDGX Exchange. The amount of the monthly fees would depend on
whether the distributor is an ``Internal Distributor'' or ``External
Distributor.'' Internal Distributors are proposed to be charged $500
per month and External Distributors are proposed to be charged $2,500
per month. The fee paid by an External Distributor includes the
Internal Distributor Fee and thus allows an External Distributor to
provide data both internally (i.e., to users within their own
organization) and externally (to users outside their own organization).
    Additionally, Distributors will only pay one distributor fee,
regardless of the number of locations or users to which the feed is
received or distributed. In addition, neither Distributors nor their
end-users will be charged per-user device fees when used to receive the
EDGX Book Feed nor will they be charged per-user display fees when used
to present the EDGX Book Feed.
    The Exchange proposes to implement this rule change on May 1, 2012.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act \6\ in general and furthers
the objectives of Section 6(b)(4) \7\ in particular, as it is designed
to provide for the equitable allocation of reasonable dues, fees and
other charges among its Members and other persons using its facilities.
The Exchange makes all services and products subject to these fees
available on a non-discriminatory basis to similarly situated
recipients because the service is optional and fees charged for the
EDGX Book Feed will be the same for both Members and non-Members. The
fees are not unreasonably discriminatory and are equitably allocated.
The fees for Members and non-Members are uniform except with respect to
reasonable distinctions with respect to internal and external
distribution.\8\ The Exchange proposes charging External Distributors
more than Internal Distributors because of higher administrative costs
associated with monitoring External Distributors ongoing reporting, as
provided in the Direct Edge Data Vendor Agreement and market data
requirements referenced therein. The Exchange believes that the fees
established for the EDGX Book Feed are reasonable and fair in light of
alternatives offered by other market centers.\9\ For example, PSX
charges its data recipients of its book feed, PSX TotalView, a $1,000
monthly fee to receive its data feed directly from the Exchange. If the
data recipient then distributes the data, it pays an ``internal'' or
``external'' distributor fee depending on the method of distribution.
These fees are on top of the $1,000 monthly fee and amount to an
additional $500/month for internal distributors and $1250/month for
external distributors. This would amount to total costs of $1,500
monthly for internal distributors and $2,250 monthly for external
distributors that receive their feed directly from PSX. BX charges its
data recipients and internal/external distributors the same fees for
its book feed, BX TotalView. Finally, NASDAQ charges $1,000/month for
internal distributors of NASDAQ listed-security depth entitlements and
$500/month for internal distributors of non NASDAQ-listed security
depth entitlements; for external distributors, NASDAQ charges $2,500/
month for NASDAQ-listed security depth entitlements and $1,250/month
for external distributors of non NASDAQ-listed security depth
entitlements. These are on top of NASDAQ's direct access fees of
$2,000/month for NASDAQ listed-security depth entitlements and $1,000/
month for non NASDAQ-listed security depth entitlements.\10\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ The Exchange notes that distinctions based on external
versus internal distribution have been previously filed with the
Commission by NASDAQ Exchange (``NASDAQ''), NASDAQ OMX BX (``BX''),
and NASDAQ OMX PSX (``PSX''). See Nasdaq Rule 7019(b). See also
Securities Exchange Act Release No. 62876 (September 9, 2010), 75 FR
56624 (September 16, 2010) (SR-PHLX-2010-120). See also Securities
Exchange Act Release No. 62907 (September 14, 2010), 75 FR 57314
(September 20, 2010) (SR-NASDAQ-2010-110). See also Securities
Exchange Act Release No. 63442 (December 6, 2010), 75 FR 77029
(December10, 2010) (SR-BX-2010-081).
    \9\ Id.
    \10\ See Nasdaq Rule 7019(b).
---------------------------------------------------------------------------

    Revenue generated from such fees will help offset the costs that
the Exchange incurs in operating and regulating a highly efficient and
reliable platform for the trading of U.S. equities. This increased
revenue stream will allow the Exchange to offer an innovative service
at a reasonable rate, structured in a manner comparable to and
consistent with other market centers who provide similar market data
products.\11\
---------------------------------------------------------------------------

    \11\ Id.
---------------------------------------------------------------------------

    The Exchange also believes that the proposed fees are consistent
with Section 6(b)(5) of the Act,\12\ as it is designed to prevent
fraudulent and manipulative acts and practices, 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. EDGX believes that this
proposal is in keeping with those principles by promoting increased
transparency through the codification of uniform fees for the EDGX Book
Feed for all users and by clarifying the availability of the EDGX Book
Feed to various market participants. In addition, EDGX has made a
voluntary decision to make this Book Feed available. EDGX is not
required by the Act in the first instance to make the data available.
EDGX has chosen to make the Book Feed available to improve market
quality, attract order flow, and increase transparency. It will
continue to make such data available until such time as it changes its
rule.
---------------------------------------------------------------------------

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

    The Exchange also believes that the proposal is consistent with the
goals of Regulation NMS,\13\ namely facilitating efficiency and
competition. Efficiency is promoted when Members who do not need the
EDGX Book Feed data are not required to receive (and pay for) such
data. The Exchange also believes that efficiency is promoted when
Members may choose to receive (and pay for) additional market data
based on their own internal analysis of the need for

such data. Competition is promoted as the Exchange cannot set
unreasonable fees without losing business to its competitors.\14\
---------------------------------------------------------------------------

    \13\ See Securities Exchange Act Release No. 51808 (June 9,
2006), 70 FR 37496 (June 29, 2005).
    \14\ See infra discussion in section II.B. ``Self-Regulatory
Organization's Statement on Burden on Competition.''
---------------------------------------------------------------------------

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

    The Exchange 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, as amended.
    There is significant competition for the provision of market data
to market participants, as well as competition for the orders that
generate that data. In introducing the proposed fees for this service,
the Exchange would be providing one similar to alternatives offered by
other market centers.\15\ The existence of such alternatives ensures
that the Exchange cannot set unreasonable fees, or fees that are
unreasonably discriminatory, without losing business to these
alternatives. Thus, the EDGX Book Feed will promote competition if it
succeeds in providing market participants with viable and cost-
effective alternatives which drive the market to continually improve
products and services to cater to customers' data needs.
---------------------------------------------------------------------------

    \15\ See Nasdaq Rule 7019(b). See also Securities Exchange Act
Release No. 62876 (September 9, 2010), 75 FR 56624 (September 16,
2010) (SR-PHLX-2010-120). See also Securities Exchange Act Release
No. 62907 (September 14, 2010), 75 FR 57314 (September 20, 2010)
(SR-NASDAQ-2010-110). See also Securities Exchange Act Release No.
63442 (December 6, 2010), 75 FR 77029 (December 10, 2010) (SR-BX-
2010-081).
---------------------------------------------------------------------------

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3) of the Act \16\ and Rule 19b-4(f)(2) \17\ thereunder. At any
time within 60 days of the filing of such proposed rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-EDGX-2012-14 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-EDGX-2012-14. This file
number should be included on the subject line if email is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE., Washington, DC 20549, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of such 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
publicly available. All submissions should refer to File Number SR-
EDGX-2012-14, and should be submitted on or before May 23, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-10541 Filed 5-1-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Notices]
[Page 17141]
[FR Doc No: 2020-06302]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88440; File No. SR-CboeBZX-2020-011]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Designation of Longer Period for Commission Action on Proposed Rule
Change To Amend Certain Rules Within Rules 4.5 Through 4.16, Which
Contains the Exchange's Compliance Rule (``Compliance Rule'') Regarding
the National Market System Plan Governing the Consolidated Audit Trail
(the ``CAT NMS Plan'' or ``Plan''), To Be Consistent With Certain
Proposed Amendments to and Exemptions From the CAT NMS Plan as Well as
To Facilitate the Retirement of Certain Existing Regulatory Systems

March 20, 2020.
    On January 22, 2020, Cboe BZX Exchange, Inc. (``BZX'' or
``Exchange'') 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 amend the Exchange's compliance rule regarding
the National Market System Plan Governing the Consolidated Audit Trail.
The proposed rule change was published for comment in the Federal
Register on February 5, 2020.\3\ The Commission has received no comment
letters on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 88101 (January 30,
2020), 85 FR 6589.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is March 21, 2020.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time to consider the
proposed rule change.
    Accordingly, pursuant to Section 19(b)(2)(A)(ii)(I) of the Act \5\
and for the reasons stated above, the Commission designates May 5,
2020, as the date by which the Commission shall either approve,
disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-CboeBZX-2020-011).
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2)(A)(ii)(I).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-06302 Filed 3-25-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Page 54891]
[FR Doc No: 2013-21705]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2013-0338; FRL--9535-7]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for the Manufacture of Amino/Phenolic
Resins (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for the Manufacture of
Amino/Phenolic Resins (40 CFR Part 63, Subpart OOO) (Renewal)'' (EPA
ICR No. 1869.07, OMB Control No. 2060-0434), to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) This is a proposed
extension of the ICR, which is currently approved through October 31,
2013. Public comments were previously requested via the Federal
Register (78 FR 33409) on June 4, 2013 during a 60-day comment period.
This notice allows for an additional 30 days for public comments. A
fuller description of the ICR is given below, including its estimated
burden and cost to the public. An Agency may not conduct or sponsor and
a person is not required to respond to a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before October 7,
2013.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2013-0338, to: (1) EPA online, using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The NESHAP for the Manufacture of Amino/Phenolic Resins
were proposed on December 14, 1998, and promulgated on January 20,
2000. The affected entities are subject to the General Provisions of
the NESHAP at 40 CFR part 63, subpart A, and any changes, or additions
to the Provisions specified at 40 CFR part 63, subpart OOO. Owners or
operators of the affected facilities must submit a one-time only report
of any physical or operational changes, initial performance tests, and
periodic reports and results.
    Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports are required semiannually at
a minimum.
    Form Numbers: None.
    Respondents/affected entities: Amino/phenolic resins manufacturing
facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart OOO).
    Estimated number of respondents: 37 (total).
    Frequency of response: Initially, occasionally, quarterly,
semiannually, and annually.
    Total estimated burden: 22,370 hours (per year). ``Burden'' is
defined at 5 CFR 1320.3(b).
    Total estimated cost: $2,202,893 (per year), includes $14,800
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is an overall decrease in burden
and cost for both the respondent and Agency. This is not due to any
program changes. The burden decreased since the last ICR renewal due to
a revision in the number of respondents. Based on recent industry data
and Agency estimates, we have revised the number of affected sources
from 40 to 37. This revision also resulted in a corresponding decrease
in the total O&M costs.
    In addition, this ICR corrects the Agency burden associated with
the review of repeat performance tests. This ICR assumes that only 5
percent of respondents will conduct these tests.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2013-21705 Filed 9-5-13; 8:45 am]
BILLING CODE 6560-50-P