[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Notices]
[Pages 87466-87468]
[FR Doc No: 2023-27676]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99141; File No. SR-Phlx-2023-55]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to Amend the Fees
for Options on the Nasdaq 100 Index in the Exchange's Pricing Schedule
at Options 7

December 12, 2023.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 30, 2023, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the fees for Nasdaq 100 Index
options in the Exchange's Pricing Schedule at Options 7, Section 5A.
While these amendments are effective upon filing, the Exchange has
designated the proposed amendments to be operative on December 1, 2023.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the fees for
NDX \3\ and NDXP.\4\ As set forth in Options 7, Section 5A, the
Exchange currently charges all Non-Customer \5\ orders in NDX and NDXP
a $0.75 per contract transaction fee. Customer \6\ orders receive free
executions in NDX and NDXP today. These transaction fees apply to
electronic simple and complex executions as well as floor transactions.
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    \3\ NDX represents A.M.-settled options on the full value of the
Nasdaq 100 Index traded under the symbol NDX.
    \4\ NDXP represents P.M.-settled options on the full value of
the Nasdaq 100 Index traded under the symbol NDXP.
    \5\ The term ``Non-Customer'' applies to transactions for the
accounts of Lead Market Makers, Market Makers, Firms, Professionals,
Broker-Dealers and JBOs.
    \6\ The term ``Customer'' applies to any transaction that is
identified by a member or member organization for clearing in the
Customer range at The Options Clearing Corporation (``OCC'') which
is not for the account of a broker or dealer or for the account of a
``Professional'' (as that term is defined in Options 1, Section
1(b)(45)).
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    The Exchange now proposes to begin assessing Customer NDX and NDXP
orders a $0.25 per contract transaction fee. The Exchange notes that
the proposed fee amount is in line with customer transaction fees
assessed on other index products.\7\ The Exchange also proposes to
assess a surcharge of $0.50 per contract to all Non-Customer complex
executions in NDX and NDXP, and a surcharge of 0.25 per contract to all
Customer complex executions in NDX and NDXP.\8\ The Exchange notes that
the proposed surcharge amounts are within the range of various
surcharges assessed at another options exchange.\9\
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    \7\ For example, Cboe Options (``Cboe'') currently assesses a
$0.25 per contract customer transaction fee for MXEA and MXEF
options, $0.35 per contract for OEX and XEO options, and $0.36 per
contract (if premium < $1.00) or $0.45 per contract (if premium >=
$1.00) for SPX and SPESG options. See Cboe Fees Schedule.
    \8\ See proposed notes 5 and 6 of Options 7, Section 5.A.
    \9\ For example, Cboe currently assesses customers a $0.25 per
contract exotic surcharge and a $0.21 per contract execution
surcharge in SPX and SPESG options. Cboe also assesses non-customers
a $0.45 per contract license surcharge in RUT, and LEAPS surcharge
fees in SPX ranging from $1.00 to $2.50 per contract, according to
time-to-expiration. See Cboe Fees Schedule.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b) of the Act,\10\ in general, and furthers the objectives of
sections 6(b)(4) and 6(b)(5)

of the Act,\11\ 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, and is not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes it is reasonable to begin assessing a $0.25
per contract transaction fee to all Customer orders in NDX and NDXP, a
$0.25 per contract complex surcharge to Customer complex orders in NDX
and NDXP, and a $0.50 per contract complex surcharge to Non-Customer
complex orders in NDX and NDXP because the proposed pricing reflects
the proprietary nature of this product. Similar to other proprietary
products like options overlying the Nasdaq 100 Micro Index (``XND''),
the Exchange seeks to recoup the operational costs of listing
proprietary products.\12\ Also, pricing by symbol is a common practice
on many U.S. options exchanges as a means to incentivize order flow to
be sent to an exchange for execution in particular products. Other
options exchanges price by symbol.\13\ Further, the Exchange notes that
market participants are offered different ways to gain exposure to the
Nasdaq 100 Index, whether through the Exchange's proprietary products
like options overlying NDX, NDPX, or XND, or separately through multi-
listed options overlying Invesco QQQ Trust (``QQQ'').\14\ Offering such
products provides market participants with a variety of choices in
selecting the product they desire to utilize in order to gain exposure
to the Nasdaq 100 Index. When exchanges are able to recoup costs
associated with offering proprietary products, it incentivizes growth
and competition for the innovation of additional products.
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    \12\ By way of example, in analyzing an obvious error, the
Exchange would have additional data points available in establishing
a theoretical price for a multiply listed option as compared to a
proprietary product, which requires additional analysis and
administrative time to comply with Exchange rules to resolve an
obvious error.
    \13\ See supra note 7.
    \14\ QQQ is an exchange-traded fund based on the same Nasdaq 100
Index as NDX, NDXP, and XND.
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    The Exchange further believes that the proposed pricing described
above is reasonable because the proposal is designed to update fees for
the Exchange's services to reflect their current value--rather than
their value when the Exchange last updated NDX and NDXP pricing five
years ago \15\--based on the Exchange's ability to deliver value to its
customers by offering proprietary products on its market like NDX and
NDXP.
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    \15\ The Exchange has not amended NDX and NDXP transaction fees
since 2018, so the fees have remained at $0.75 per contract for Non-
Customers and $0.00 for Priority Customers during this time. See
Securities Exchange Act Release No. 82499 (January 12, 2018), 83 FR
2834 (January 19, 2018) (SR-Phlx-2018-02).
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    While NDX and NDXP pricing is increasing for all market
participants under this proposal, the Exchange believes that the
proposal is reasonable and would continue to incentivize market
participants to transact in NDX and NDXP, and especially in Customer
NDX and NDXP orders because Customers would continue to be charged at a
lower rate for NDX and NDXP than Non-Customers. As a result, the
Exchange believes that the proposed pricing is structured in a way that
continues to encourage market participants, especially Customers, to
transact in NDX and NDXP on Phlx. An increase in Customer order flow
would benefit all market participants through quality of order
interaction and increased trading opportunities. As noted above, the
proposed fee and surcharge amounts are in line with fees and surcharges
assessed on other products at another options exchange.\16\
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    \16\ See supra notes 7 and 9.
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    The Exchange's proposal to assess a $0.25 per contract transaction
fee to Customer orders in NDX and NDXP is equitable and not unfairly
discriminatory it will apply uniformly to all similarly situated market
participants. The Exchange believes it is equitable and not unfairly
discriminatory to continue charging Customers a lower transaction fee
for NDX and NDXP orders because Customer orders bring valuable
liquidity to the market by providing more trading opportunities, which,
in turn, attracts Market Makers. An increase in the activity of these
market participants in turn facilitates tighter spreads, which may
cause an additional corresponding increase in order flow to the benefit
of all market participants.
    The Exchange also believes that it is equitable and not unfairly
discriminatory to assess the $0.25 per contract surcharge to Customer
complex orders in NDX and NDXP and the $0.50 per contract surcharge to
Non-Customer complex orders in NDX and NDXP because the proposed
surcharges will apply uniformly to all similarly situated participants.
The Exchange believes it is equitable and not unfairly discriminatory
to assess a lower complex surcharge to Customers than Non-Customers as
the Exchange has historically provided more favorable pricing to
Customers in its Pricing Schedule.\17\ In addition, Customer orders
bring valuable liquidity to the market by providing more trading
opportunities. This, in turn, attracts Market Maker activity, which
facilitates tighter spreads, which may cause an additional
corresponding increase in order flow to the benefit of all market
participants.
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    \17\ For example, the Exchange offers a Customer Rebate Program
in Options 7, Section 2.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. As noted above, market participants are offered an
opportunity to transact in NDX, NDXP, or XND, or separately execute
options overlying QQQ. Offering these products provides market
participants with a variety of choices in selecting the product they
desire to use to gain exposure to the Nasdaq 100 Index. Furthermore,
the proposed fee amounts are in line with customer transaction fees and
surcharges assessed on other products at another options exchange.\18\
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    \18\ See supra notes 7 and 9.
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    Further, the Exchange does not believe that the proposed changes
will impose an undue burden on intra-market competition because
Customers will continue to be assessed lower fees in NDX and NDXP than
Non-Customers, which is in line with how the Exchange historically
assessed fees. As discussed above, Customer order flow enhances
liquidity on the Exchange for the benefit of all market participants.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to section
19(b)(3)(A)(ii) of the Act.\19\
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    \19\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    At any time within 60 days of the filing of the proposed rule
change, the

Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is: (i) necessary or
appropriate in the public interest; (ii) for the protection of
investors; or (iii) otherwise in furtherance of the purposes of the
Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-Phlx-2023-55 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-Phlx-2023-55. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-Phlx-2023-55 and should be
submitted on or before January 8, 2024.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-27676 Filed 12-15-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Notices]
[Pages 28192-28193]
[FR Doc No: 2021-11033]

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DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

[Docket ID Number DOT-OST-2014-0031]

Agency Information Collection: Activity Under OMB Review: Report
of Financial and Operating Statistics for Large Certificated Air
Carriers

AGENCY: Office of the Assistant Secretary for Research and Technology
(OST-R), Bureau of Transportation Statistics (BTS), Department of
Transportation.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Request (ICR)
abstracted below is being forwarded to the Office of Management and
Budget (OMB) for an extension of a currently approved collection. The
ICR describes the nature of the information collection and its expected
burden. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on March 11, 2021 (86 FR 13965). One comment was received
from the Department of Commerce, Bureau of Economic Analysis strongly
supporting the continued collection of this data.

DATES: Written comments should be submitted by June 24, 2021.

FOR FURTHER INFORMATION CONTACT: Jeff Gorham, Office of Airline
Information, RTS-42, Room E34-414, OST-R, BTS, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, Telephone Number<PHONE_NUMBER>, Fax
Number<PHONE_NUMBER> or Email<EMAIL_ADDRESS>    Comments: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

SUPPLEMENTARY INFORMATION:
    OMB Approval No.: 2138-0013.
    Title: Report of Financial and Operating Statistics for Large
Certificated Air Carriers.
    Form No.: BTS Form 41.
    Type Of Review: Extension of a currently approved collection.
    Respondents: Large certificated air carriers.
    Number of Respondents: 60.
    Estimated Time per Response: 4 hours per schedule, an average
carrier may submit 90 schedules in one year.
    Total Annual Burden: 14,358 hours.
    Needs and Uses: Program uses for Form 41 data are as follows:

Mail Rates

    The Department of Transportation sets and updates mainline Alaska
mail rates based on carrier aircraft operating expense, traffic and
operational data. Form 41 cost data, especially fuel costs, terminal
expenses, and line haul expenses are used in arriving at rate levels.
DOT revises the established rates based on the percentage of unit cost
changes in the carriers' operations. These updating procedures have
resulted in the carriers receiving rates of compensation that more
closely parallel their costs of providing mail service and contribute
to the carriers' ability to continue providing service.

Submission of U.S. Carrier Data to ICAO

    As a party to the Convention on International Civil Aviation, the
United

States is obligated to provide the International Civil Aviation
Organization with financial and statistical data on operations of U.S.
air carriers. Over 99 percent of the data filed with ICAO is extracted
from the carriers' Form 41 reports.

Carrier Fitness

    Fitness determinations are made for both new entrants and
established U.S. carriers proposing a substantial change in operations.
A portion of these applications consists of an operating plan for the
first year (14 CFR part 204) and an associated projection of revenues
and expenses. The carrier's operating costs, included in these
projections, are compared against the cost data in Form 41 for a
carrier or carriers with the same aircraft type and similar operating
characteristics. Such a review validates the reasonableness of the
carrier's operating plan.
    Form 41 reports, particularly balance sheet reports and cash flow
statements, play a major role in the identification of vulnerable
carriers. Data comparisons are made between current and past periods in
order to assess the current financial position of the carrier.
Financial trend lines are extended into the future to analyze the
continued viability of the carrier. DOT reviews three areas of a
carrier's operation: (1) The qualifications of its management team, (2)
its disposition to comply with laws and regulations, and (3) its
financial posture. DOT must determine whether or not a carrier has
sufficient financial resources to conduct its operations without
imposing undue risk on the traveling public. Moreover, once a carrier
is operating, DOT is required to monitor its continuing fitness.
    Senior DOT officials must be kept fully informed as to all current
and developing economic issues affecting the airline industry. In
preparing financial conditions reports or status reports on a
particular airline, financial and traffic data are analyzed. Briefing
papers may use the same information.

Administrative Issues

    The Confidential Information Protection and Statistical Efficiency
Act of 2002 (44 U.S.C. 3501 note) requires a statistical agency to
clearly identify information it collects for non-statistical purposes.
BTS hereby notifies the respondents and the public that BTS uses the
information it collects under this OMB approval for non-statistical
purposes including, but not limited to, publication of both
Respondent's identity and its data, submission of the information to
agencies outside BTS for review, analysis and possible use in
regulatory and other administrative matters.

    Issued in Washington, DC, on March 20, 2021.
William Chadwick, Jr.,
Director, Office of Airline Information, Bureau of Transportation
Statistics.
[FR Doc. 2021-11033 Filed 5-24-21; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 76, Number 159 (Wednesday, August 17, 2011)]
[Notices]
[Pages 51119-51120]
[FR Doc No: 2011-21007]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2011-37]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before September 6, 2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2011-
0125 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to

http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Frances Shaver, ARM-200, (202) 267-
4059, FAA, Office of Rulemaking, 800 Independence Ave., SW.,
Washington, DC 20591. This notice is published pursuant to 14 CFR
11.85.

    Issued in Washington, DC, on August 12, 2011.
Dennis R. Pratte,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2011-0125.
    Petitioner: Pennsylvania State Police.
    Section of 14 CFR Affected: Sec.  43.3.
    Description of Relief Sought: Pennsylvania State Police requests
relief from Sec.  43.3. If granted, would allow Pennsylvania State
Police to remove and reinstall the Gyrocam camera on its Cessna 206H
airplane, N193P, in the absence of a FAA licensed technician.

[FR Doc. 2011-21007 Filed 8-16-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 24, 2009 (Volume 74, Number 225)]
[Notices]
[Page 61346]
[DOCID:fr24no09-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-225-000]

Major Energy Electric Services, LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

November 17, 2009.
    This is a supplemental notice in the above-referenced proceeding of
Major Energy Electric Services, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
Part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is December 7, 2009.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also 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 e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-28117 Filed 11-23-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: May 21, 2010 (Volume 75, Number 98)]
[Notices]
[Page 28665-28667]
[DOCID:fr21my10-142]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29270; 812-13745]

Kinetics Mutual Funds, Inc., et al.; Notice of Application

May 17, 2010.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from rule 12d1-2(a)
under the Act.

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SUMMARY OF APPLICATION: Applicants request an order to permit
registered open-end investment companies relying on rule 12d1-2 under
the Act to invest in certain financial instruments.

APPLICANTS: Kinetics Mutual Funds, Inc. (``Company''), Kinetics
Portfolios Trust (``Trust''), Kinetics Asset Management, Inc.
(``Adviser''), and Kinetics Funds Distributor, Inc. (``KFDI'').

FILING DATES: The application was filed on January 19, 2010, and
amended on May 12, 2010.

HEARING OR NOTIFICATION OF HEARING: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on June 11, 2010 and should be accompanied by proof of service on
applicants, in the form of an affidavit or, for lawyers, a certificate
of service. Hearing requests should state the nature of the writer's
interest, the reason for the request, and the issues contested. Persons
who wish to be notified of a hearing may request notification by
writing to the Commission's Secretary.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090; Applicants, c/o Jay H. Kesslen,
Kinetics Asset Management, Inc., 555 Taxter Road, Suite 175, Elmsford,
NY 10523.

FOR FURTHER INFORMATION CONTACT: Keith A. Gregory, Senior Counsel, at
(202) 551-6815, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm, or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Company is organized as a Maryland corporation and the Trust
is organized as a Delaware statutory trust and each is registered under
the Act as an open-end management investment company. The Adviser is a
New York corporation registered as an investment adviser under the
Investment Advisers Act of 1940, as amended, and currently serves as
investment adviser to the The Tactical Paradigm Fund, a series of the
Company, and to each series of the Trust. KFDI is a New York
corporation registered as a broker-dealer under the Securities Exchange
Act of 1934, as amended (``Exchange Act''), that serves as the
distributor for the Company and all of its series and as the private
placement agent for the Trust and all of its series.
    2. Applicants request the exemption to the extent necessary to
permit any existing or future registered open-end management investment
company or series thereof (i) that is advised by the Adviser or an
entity controlling, controlled by, under common control with the
Adviser (each, an ``Adviser'') that is in the same group of investment
companies as defined in section 12(d)(1)(G) of the Act and (ii) that
invests in other registered open-end management investment companies in
reliance on section 12(d)(1)(G) of the Act, and (iii) that is also
eligible to invest in securities (as defined in section 2(a)(36) of the
Act) in reliance on rule 12d1-2 under the Act (together with such
series of the Company and the Trust, the ``Funds of Funds'') to also
invest, to the extent consistent with its investment objective,
policies, strategies and limitations, in financial instruments that may
not be securities within the meaning of section 2(a)(36) of the Act
(``Other Investments'').\1\
---------------------------------------------------------------------------

    \1\ Applicants also request that the order exempt any entity
controlling, controlled by or under common control with the Adviser
or KFDI that now or in the future acts as principal underwriter with
respect to the transactions described in the application. Every
existing entity that currently intends to rely on the requested
order is named as an applicant. Any existing or future entity that
relies on the order in the future will do so only in accordance with
the terms and condition in the application.
---------------------------------------------------------------------------

    3. Consistent with its fiduciary obligations under the Act, each
Fund of Fund's board of directors or trustees will review the advisory
fees charged by the Fund of Fund's investment adviser to ensure that
they are based on services provided that are in addition to, rather
than duplicative of, services provided pursuant to the advisory
agreement of any investment company in which the Fund of Funds may
invest.

Applicants' Legal Analysis

    1. Section 12(d)(1)(A) of the Act provides that no registered
investment company (``acquiring company'') may acquire securities of
another investment company (``acquired company'') if such securities
represent more than 3% of the acquired company's outstanding voting
stock or more than 5% of the acquiring company's total assets, or if
such securities, together with the securities of other investment
companies, represent more than 10% of the acquiring company's total
assets. Section 12(d)(1)(B) of the Act provides that no registered
open-end investment company may sell its securities to another
investment company if the sale will cause the acquiring company to own
more than 3% of the acquired company's voting stock, or cause more than
10% of the acquired company's voting stock to be owned by investment
companies and companies controlled by them.
    2. Section 12(d)(1)(G) of the Act provides that section 12(d)(1)
will not apply to securities of an acquired company purchased by an
acquiring company if: (i) The acquiring company and acquired company
are part of the same group of investment companies; (ii) the acquiring
company holds only securities of acquired companies that are part of
the same group of investment companies, government securities, and
short-term paper; (iii) the aggregate sales loads and distribution-
related fees of the acquiring company and the acquired company are not
excessive under rules adopted pursuant to section 22(b) or section
22(c) of the Act by a securities association registered under section
15A of the Exchange Act or by the Commission; and (iv) the acquired
company has a policy that prohibits it from acquiring securities of
registered open-end management investment companies or registered unit
investment trusts in reliance on section 12(d)(1)(F) or 12(d)(1)(G) of
the Act.
    3. Rule 12d1-2 under the Act permits a registered open-end
investment company or a registered unit investment trust that relies on
section 12(d)(1)(G) of the Act to acquire, in addition to securities
issued by another registered investment company in the same group of
investment companies, government securities, and short-term paper: (1)
Securities issued by an investment company that is not in the same
group of investment companies, when the acquisition is in reliance on
section 12(d)(1)(A) or 12(d)(1)(F) of the Act; (2) securities (other
than securities issued by an investment company); and (3) securities
issued by a money market fund, when the investment is in reliance on
rule 12d1-1 under the Act. For the purposes of rule 12d1-2,
``securities'' means any security as defined in section 2(a)(36) of the
Act.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction from any provision of the Act, or
from any rule under the Act, if such exemption is necessary or
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policies and
provisions of the Act.
    5. Applicants state that the proposed arrangement would comply with
the provisions of rule 12d1-2 under the Act,

but for the fact that the Funds of Funds may invest a portion of their
assets in Other Investments. Applicants request an order under section
6(c) of the Act for an exemption from rule 12d1-2(a) to allow the Funds
of Funds to invest in Other Investments. Applicants assert that
permitting the Funds of Funds to invest in Other Investments as
described in the application would not raise any of the concerns that
the requirements of section 12(d)(1) were designed to address.

Applicants' Condition

    Applicants agree that the order granting the requested relief will
be subject to the following condition:
    Applicants will comply with all provisions of rule 12d1-2 under the
Act, except for paragraph (a)(2) to the extent that it restricts any
Fund of Funds from investing in Other Investments as described in the
application.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-12260 Filed 5-20-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: September 9, 2010 (Volume 75, Number 174)]
[Proposed Rules]
[Page 54805-54806]
[DOCID:fr09se10-20]

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

40 CFR Part 52

[EPA-R05-OAR-2010-0556; FRL-9198-1]

Approval and Promulgation of Air Quality Implementation Plans;
Minnesota; Carbon Monoxide (CO) Limited Maintenance Plan for the Twin
Cities Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a request submitted by the
Minnesota Pollution Control Agency (MPCA) on June 16, 2010, to revise
the Minnesota State Implementation Plan (SIP) for carbon monoxide (CO)
under the Clean Air Act (CAA). The State has submitted a limited
maintenance plan for CO showing continued attainment of the CO National
Ambient Air Quality Standard (NAAQS) in the Minneapolis-St. Paul (Twin
Cities) area. The one hour CO NAAQS and eight hour CO NAAQS are 35
parts per million (ppm), and 9 ppm, respectively. This limited
maintenance plan satisfies section 175A of the CAA, and is in
accordance with EPA's October 29, 1999, approval of the State's
redesignation request and maintenance plan for the Twin Cities area.
Additionally, this limited maintenance plan for CO satisfies the
requirements contained in the October 6, 1995, EPA memorandum entitled
``Limited Maintenance Plan Option for Nonclassifiable CO Nonattainment
Areas.''

DATES: Comments must be received on or before October 12, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0556, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Jay Bortzer, Chief, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
    5. Hand Delivery: Jay Bortzer, Chief, 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.
    Please see the direct final rule which is located in the Final
Rules section of this Federal Register for detailed instructions on how
to submit comments.

FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer,
Air Planning and Maintenance Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency 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: August 26, 2010.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 2010-22339 Filed 9-8-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 64 (Monday, April 4, 2022)]
[Notices]
[Pages 19549-19550]
[FR Doc No: 2022-06982]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34 94537; File No. SR-NSCC-2021-010]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Withdrawal of a Proposed Rule Change To
Establish the Securities Financing Transaction Clearing Service and
Make Other Changes

March 29, 2022.
    On July 22, 2021, National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission'') proposed rule change SR-NSCC-2021-010 (``Proposed Rule
Change'') pursuant to Section 19(b)(1) of the Securities Exchange Act
of 1934 (``Act'') \1\ and Rule 19b-4 thereunder.\2\ The Proposed Rule
Change was published for comment in the Federal Register on August 12,
2021.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 92570 (August 5, 2021),
86 FR 44482 (August 12, 2021) (SR-NSCC-2021-010). NSCC also filed
the proposal contained in the Proposed Rule Change as advance notice
SR-NSCC-2021-803 (``Advance Notice'') with the Commission pursuant
to Section 806(e)(1) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act entitled the Payment, Clearing, and
Settlement Supervision Act of 2010 (``Clearing Supervision Act'').
12 U.S.C. 5465(e)(1); 17 CFR 240.19b-4(n)(1)(i). Notice of filing of
the Advance Notice was published for comment in the Federal Register
on August 12, 2021. Securities Exchange Act Release No. 92568
(August 5, 2021), 86 FR 44530 (August 12, 2021) (SR-NSCC-2021-803).
The proposal contained in the Proposed Rule Change and the Advance
Notice shall not take effect until all regulatory actions required
with respect to the proposal are completed.
---------------------------------------------------------------------------

    On September 2, 2021, pursuant to Section 19(b)(2) of the Act,\4\
the Commission designated a longer period within which to approve,
disapprove, or institute proceedings to determine whether to approve or
disapprove the Proposed Rule Change.\5\ On November 5, 2021, the
Commission instituted proceedings pursuant to Section

19(b)(2)(B) of the Act,\6\ to determine whether to approve or
disapprove the Proposed Rule Change.\7\ On February 7, 2022, pursuant
to Section 19(b)(2) of the Act,\8\ the Commission designated a longer
period for Commission action on the proceedings to determine whether to
approve or disapprove the Proposed Rule Change.\9\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
    \5\ Securities Exchange Act Release No. 92860 (September 2,
2021), 86 FR 50569 (September 9, 2021) (SR-NSCC-2021-010).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ Securities Exchange Act Release No. 93532 (November 5,
2021), 86 FR 62851 (November 12, 2021) (SR-NSCC-2021-010).
    \8\ 15 U.S.C. 78s(b)(2).
    \9\ Securities Exchange Act Release No. 94168 (February 7,
2022), 87 FR 8062 (February 11, 2022) (SR-NSCC-2021-010).
---------------------------------------------------------------------------

    On March 25, 2022, NSCC withdrew the Proposed Rule Change (SR-NSCC-
2021-010).
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-06982 Filed 4-1-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Rules and Regulations]
[Page 30534]
[FR Doc No: 2011-12858]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0160; Airspace Docket No. 11-AEA-05]

Establishment of Class E Airspace; Kenbridge, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Kenbridge, VA, to
accommodate new Standard Instrument Approach Procedures that have been
developed for Lunenburg County Airport. This action enhances the safety
and management of Instrument Flight Rules (IFR) operations at the
Airport.

DATES: Effective 0901 UTC, August 25, 2011. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments

FOR FURTHER INFORMATION CONTACT: Richard Horrocks, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On March 18, 2011, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace 700 feet above
the surface, at Kenbridge, VA (75 FR 14823) Docket No. FAA-2011-0160.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received. Class E airspace designations are published in
paragraph 6005 of FAA Order 7400.9U dated August 18, 2010, and
effective September 15, 2010, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in the Order.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface to support new standard instrument approach procedures
developed at Lunenburg County Airport, Kenbridge, VA. This will enhance
the safety and management of IFR operations at the airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace at Lunenburg County Airport,
Kenbridge, VA.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal
AviationAdministration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, effective September 15, 2010,
is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AEA VA E5 Kenbridge, VA [NEW]

Lunenburg County Airport, VA
    (Lat. 36[deg]57'37'' N., long. 78[deg]11'06'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of the Lunenburg County Airport and within
4 miles each side of the 024[deg] bearing from the airport extending
from the 6.8 mile radius to 8.8 miles NE of the airport and within 4
miles each side of the 204[deg] bearing extending from the 6.8 mile
radius to 10 miles southwest of the airport.

    Issued in College Park, Georgia, on May 4, 2011.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2011-12858 Filed 5-25-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Notices]
[Pages 15997-15998]
[FR Doc No: 2014-06381]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-New England Region I--EPA-R01-OW-2014-0202; FRL-9908-62-Region 1]

Massachusetts Marine Sanitation Device Standard--Receipt of
Petition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice--receipt of petition.

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SUMMARY: Notice is hereby given that a petition has been received from
the Commonwealth of Massachusetts requesting a determination by the
Regional Administrator, U.S. Environmental Protection Agency, that
adequate facilities for the safe and sanitary removal and treatment of
sewage from all vessels are reasonably available for coastal waters of
the Commonwealth of Massachusetts.

DATES: Comments must be submitted by April 23, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OW-2014-0202, by one of the following methods: www.regulations.gov,
Follow the on-line instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
    Mail and hand delivery: U.S. Environmental Protection Agency--New
England Region, Five Post Office Square, Suite 100, OEP06-1, Boston, MA
02109-3912. Deliveries are only accepted during the Regional Office's
normal hours of operation (8:00 a.m.-5:00 p.m., Monday through Friday,
excluding legal holidays), and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OW-
2014-0202. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov, or email.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copy-righted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency--New England Region, Five Post Office Square, Suite
100, OEP06-01, Boston, MA 02109-3912. Such deliveries are only accepted
during the Regional Office's normal hours of operation, and special
arrangements should be made for deliveries of boxed information. The
Regional Office is open from 8:00 a.m.-5:00 p.m., Monday through
Friday, excluding legal holidays. The telephone number is (617) 918-
1538.

FOR FURTHER INFORMATION CONTACT: Ann Rodney, U.S. Environmental
Protection Agency--New England Region, Five Post Office Square, Suite
100, OEP06-01, Boston, MA 02109-3912. Telephone:<PHONE_NUMBER>, Fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice is hereby given that a petition has
been received from the Commonwealth of Massachusetts requesting a
determination by the Regional Administrator, U.S. Environmental
Protection Agency, pursuant to Section 312 of Public Law 92-500 as
amended by Public Law 95-217 and Public Law 100-4, that adequate
facilities for the safe and sanitary removal and treatment of sewage
from all vessels are reasonably available for all coastal waters of the
Commonwealth of Massachusetts.
    The majority of Massachusetts waters have already been designated
as ``no discharge'' for boat sewage. This petition covers three areas:
a strip near the state-federal boundary spanning from Manchester-By-
The-Sea to Marshfield, a corridor in Vineyard Sound, and a corridor in
Nantucket Sound. The state wide NDA will seamlessly integrate the 20
smaller NDAs that have been designated in Massachusetts since 1991,
while also incorporating the remaining undesignated coastal waters into
the statewide prohibition on boat sewage disposal. The boundaries for
this statewide NDA encompass all Commonwealth of Massachusetts coastal
waters: from mean low water along the coast of Massachusetts, seaward
to the state-federal boundary, north to the border with New Hampshire,
and south to the border with Rhode Island: http://www.mass.gov/eea/agencies/czm/program-areas/coastal-water-quality/ndas/).
    Previous NDA designations included estimates of the number of boats
and number of Marine Sanitation Devices (MSDs) in each region of
interest. Based upon the figures provided in each of the applications,
there are an estimated 23,080 vessels with MSDs using Massachusetts
coastal waters. There are approximately 64 marinas, roughly 25,000
permitted public slips, and moorings. Massachusetts has certified that
there are a total of 132 pumpout facilities in coastal Massachusetts:
http://www.mass.gov/eea/agencies/czm/program-areas/coastal-water-quality/clean-boating/pumpout-list.html.
    Boat owners spend close to $200 million per year on new boats,
engines, trailers, and accessories. Massachusetts has over 500 bathing
beaches covering over 727 miles of sandy coastline. The shellfish
habitat supports hundreds of commercial shellfishermen with a landings
value of over $27 million. Coastal tourism and recreation employs over
125,000 individuals in Massachusetts and generates over $14 billion.
    Notice is hereby given that a petition has been received from the
Commonwealth of Massachusetts requesting a determination by the
Regional Administrator, U.S. Environmental Protection Agency, that
adequate facilities for the safe and

sanitary removal and treatment of sewage from all vessels are
reasonably available for the state coastal waters of the Commonwealth
of Massachusetts.

    Dated: March 10, 2014.
H. Curtis Spalding,
Regional Administrator, New England Region.
[FR Doc. 2014-06381 Filed 3-21-14; 8:45 am]
BILLING CODE 6560-50-P