[Federal Register: November 28, 2005 (Volume 70, Number 227)]
[Notices]
[Page 71342-71344]
[DOCID:fr28no05-100]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52804; File No. SR-Amex-2005-114]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of a Proposed Rule Change and Amendment No. 1 Thereto
Relating to the Amex Initial Listing Standards

November 18, 2005.
    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 2, 2005, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. On
November 10, 2005, the Amex submitted Amendment No. 1 to the proposed
rule change.\3\ The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 (``Amendment No. 1'') makes a clarification
to the purpose section of the filing and makes changes to Section
101 of the Guide, to reference Section 102(b) of the Guide in the
listing provisions.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Amex proposes to amend Section 102(b) of the Amex Company Guide

(``Guide'') to require a minimum market price of $2 per share for
issuers seeking to qualify for initial listing pursuant to Initial
Listing Standard 3 (Section 101(c)). The Amex also proposes to amend
Section 101 of the Guide to include a reference to Section 102(b) in
each of the four initial listing standards to clarify that Section
102(b) applies to each initial listing standard listed in Section 101
of the Guide.\4\
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    \4\ See Amendment No. 1, Id.
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    Below is the text of the proposed rule change. Proposed new
language is in italics; proposed deletions are in [brackets].

American Stock Exchange Company Guide Criteria for Original Listing

Sec. 101. GENERAL
    The approval of an application for the listing of securities is a
matter solely within the discretion of the Exchange. The Exchange has
established certain minimum numerical standards, set forth below. The
fact that an applicant may meet the Exchange's numerical standards does
not necessarily mean that its application will be approved. Other
factors which will also be considered include the nature of a company's
business, the market for its products, the reputation of its
management, its historical record and pattern of growth, its financial
integrity, its demonstrated earning power and its future outlook.
    See Sec.  110 for special criteria relating to foreign issuers and
Rules 1000, 1000A, and 1200 for rules relating to Portfolio Depositary
Receipts, Index Fund Shares, and Trust Issued Receipts.
    (a) INITIAL LISTING STANDARD 1
    (1)-(3) No change.
    (4) Stock Price/Market Value of Shares Publicly Held--See Section
102(b).
    (b) INITIAL LISTING STANDARD 2
    (1)-(4) No change.
    (5) Stock Price/Market Value of Shares Publicly Held--See Section
102(b).
    (c) INITIAL LISTING STANDARD 3
    (1)-(4) No change.
    (5) Stock Price/Market Value of Shares Publicly Held--See Section
102(b).
    (d) INITIAL LISTING STANDARD 4
    (1)-(3) No change.
    (4) Stock Price/Market Value of Shares Publicly Held--See Section
102(b).
    (e)-(g) No change.
* * * * *
Sec. 102. EQUITY ISSUES
    (a) No change.
    (b) Stock Price/Market Value of Shares Publicly Held--The Exchange
requires a minimum market price of $3 per share for applicants seeking
to qualify for listing pursuant to Section 101 (a), (b) or (d), a
minimum market price of $2 per share for applicants seeking to qualify
for listing pursuant to Section 101(c), and $3,000,000 aggregate market
value of publicly held shares for applicants seeking to qualify for
listing pursuant to Section 101(a). [In certain instances, however, the
Exchange may favorably consider listing an issue selling for less than
$3 per share after considering all pertinent factors, including market
conditions in general, whether historically the issue has sold above $3
per share, the applicant's capitalization and the number of outstanding
and publicly-held shares of the issue.]
    (c) No change.

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

    In its filing with the Commission, 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, as
amended. 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 Amex states that an approval of an application for the listing
of securities on the Exchange is based on an applicant's ability to
satisfy a series of quantitative and qualitative listing standards as
evaluated by the Listing Qualifications Department. The Amex represents
that the quantitative standards currently provide four alternative
approaches for a company to satisfy the Amex's initial listing
standards.
    For applicants to meet Initial Listing Standards 1, 2 and 4 (Guide
Section 101 (a), (b), and (d), respectively), in addition to specified
minimum numerical standards, the Exchange requires a minimum market
price of $3 per share. Listing Standard 3 currently requires an
applicant to meet minimum specified numerical standards but does not
require the applicant to meet a minimum market price per share.
    The Exchange is proposing to enhance its initial listing
quantitative standards to require applicants seeking to qualify under
Initial Listing Standard 3 pursuant to Section 101(c) of the Guide to
have a minimum market price of $2 per share. Accordingly, the Exchange
is proposing to amend Section 102(b) to incorporate this requirement.
The Exchange also proposes to amend Section 101 of the Guide to include
a reference to Section 102(b) in each of the four initial listing
standards to clarify that Section 102(b) applies to each standard
listed in Section 101 of the Guide.\5\
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    \5\ See Amendment No. 1, supra note 3.
---------------------------------------------------------------------------

    In addition, the Exchange proposes to delete the last sentence of
Section 102(b) of the Guide. The Exchange states that this provision,
which has been in place for many years, gives the Exchange the
discretion under certain circumstances to consider listing an issue
that qualified under Initial Listing Standards 1, 2 or 4 even if the
issue's share price is less than $3. The Exchange represents that this
provision was meant to cover the situation in which an applicant issuer
meets all of the initial listing standards but experiences a decline in
share price to below $3 per share just before listing. In light of the
current and proposed configuration of the initial listing standards,
the Exchange believes that this provision is no longer necessary or
appropriate.\6\
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    \6\ Id.
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2. Statutory Basis
    The Exchange believes the proposal, as amended, is consistent with
Section 6(b) of the Act \7\, in general, and furthers the objectives of
Section 6(b)(5) of the Act,\8\ in particular, in that 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; and the proposal is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers, or to regulate by virtue of any authority
conferred by the Act matters not related

to the purpose of the Act or the administration of the Exchange.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes the proposed rule change, as amended, will
impose no burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were solicited or received by the Exchange on
this proposal, as amended.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding, or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve the proposed rule change, as amended, or
    B. Institute proceedings to determine whether the proposed rule
change should be 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, as amended, is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2005-114 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-Amex-2005-114. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Amex-2005-114 and should be submitted on or before
December 19, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
[FR Doc. E5-6537 Filed 11-25-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Page 5291]
[FR Doc No: 2012-2411]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Thermo Tech Technologies Inc., T.V.G. Technologies Ltd., and
Visual Frontier, Inc.; Order of Suspension of Trading

January 31, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Thermo Tech Technologies Inc. because it has not filed any periodic
reports since the period ended April 30, 2000.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
T.V.G. Technologies Ltd. because it has not filed any periodic reports
since the period ended December 31, 2000.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Visual Frontier, Inc. because it has not filed any periodic reports
since the period ended September 30, 2004.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EST
on January 31, 2012, through 11:59 p.m. EST on February 13, 2012.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2012-2411 Filed 1-31-12; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: January 14, 2010 (Volume 75, Number 9)]
[Rules and Regulations]
[Page 2060-2062]
[DOCID:fr14ja10-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0610; Directorate Identifier 2009-NM-021-AD;
Amendment 39-16171; AD 2010-01-12]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    The result of re-assessment of rotor burst analysis has shown
the possibility of loss of electrical power supply to the following
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional
spoilers and rudder, which result in loss of the aircraft pitch and
yaw control.
* * * * *

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective February 18, 2010.The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in this AD as of February 18, 2010.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2848; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on July 15, 2009 (74 FR
34276). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    The result of re-assessment of rotor burst analysis has shown
the possibility of loss of electrical power supply to the following
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional
spoilers and rudder, which result in loss of the aircraft pitch and
yaw control.
* * * * *
Required actions include modifying the electrical wiring in the
overhead panel of the cockpit, modifying the air data smart probe 3B
power supply bus, and modifying the Aeronautical Radio Incorporated
(ARINC) 429 data bus, as applicable. You may obtain further information
by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Withdraw NPRM

    Embraer requests that we withdraw the NPRM. Embraer states that
based on service experience, the probability of a rotor burst combined
with the probability of a disk trajectory that hits the specific wiring
bundle is extremely rare. Embraer disagrees that the modifications
addressed by the service bulletins should be mandatory. Embraer also
states that issuance of a Special Airworthiness Information Bulletin
would be an alternative measure to be taken in this case, since it
would address the concerns in the NPRM and still be in conformity with
the 14 CFR part 39 requirements.
    We disagree with the request to withdraw the NPRM. We have
consulted with the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC) regarding the manufacturer's comment and determined that,
regardless of the very low probability that a catastrophic event could
occur due to a rotor burst, the requirements of 14 CFR part 25 do not
permit the use of probability as a risk reduction parameter.
Furthermore, the design must minimize the effects of rotor burst by any
means practicable. This AD is necessary to address the identified
unsafe condition. Therefore, the AD is not changed in this regard.

Explanation of Changes Made to This AD

    We have revised this AD to identify the correct legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. We determined that this
change will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 77 products of U.S. registry.
We also estimate that it will take about 62 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour.

Required parts will cost about $668 per product. Where the service
information lists required parts costs that are covered under warranty,
we have assumed that there will be no charge for these parts. As we do
not control warranty coverage for affected parties, some parties may
incur costs higher than estimated here. Based on these figures, we
estimate the cost of this AD to the U.S. operators to be $433,356, or
$5,628 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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 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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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:

2010-01-12 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16171. Docket No. FAA-2009-0610; Directorate Identifier
2009-NM-021-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February
18, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR,
-200 STD, and -200 SU airplanes; certificated in any category; as
identified in Embraer Service Bulletins 170-24-0019, dated December
6, 2006; 170-24-0020, dated November 30, 2006; and 170-31-0020,
Revision 01, dated May 21, 2008.

Subject

    (d) Air Transport Association (ATA) of America Codes 24 and 31:
Electrical power and Instruments, respectively.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    The result of re-assessment of rotor burst analysis has shown
the possibility of loss of electrical power supply to the following
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional
spoilers and rudder, which result in loss of the aircraft pitch and
yaw control.
* * * * *
    Required actions include modifying the electrical wiring in the
overhead panel of the cockpit, modifying the air data smart probe 3B
power supply bus, and modifying the Aeronautical Radio Incorporated
(ARINC) 429 data bus, as applicable.

Actions and Compliance

    (f) Unless already done, do the following actions as applicable.
    (1) For airplanes identified in Embraer Service Bulletin 170-24-
0019, dated December 6, 2006: Within 6,000 flight hours after the
effective date of this AD, modify the electrical wiring in the
overhead panel of the cockpit in accordance with Embraer Service
Bulletin 170-24-0019, dated December 6, 2006.
    (2) For airplanes identified in Embraer Service Bulletin 170-24-
0020, dated November 30, 2006: Within 6,000 flight hours after the
effective date of this AD, change the Air Data Smart Probe 3 channel
B power supply bus from ESS2 to ESS3 in accordance with Embraer
Service Bulletin 170-24-0020, dated November 30, 2006.
    (3) For airplanes identified in Embraer Service Bulletin 170-31-
0020, Revision 01, dated May 21, 2008: Within 6,000 flight hours
after the effective date of this AD, duplicate the Aeronautical
Radio Incorporated (ARINC) 429 airspeed signal for an extension
longer than the rotor burst impact area; change the primary power
source for the modular avionics unit (MAU) 2 from DC BUS 2 to DC ESS
BUS 2 to include an additional ground and to provide dual electrical
power to MAU 2; and change the wiring of the slat/flap actuators
control electronics (SF-ACE) 1 and 2 to primary actuator control
electronics (P-ACE) 1, 2, and 3; in accordance with Embraer Service
Bulletin 170-31-0020, Revision 01, dated May 21, 2008.
    (4) Actions accomplished before the effective date of this AD
according to Embraer Service Bulletin 170-31-0020, dated July 20,
2007, are considered acceptable for compliance with the
corresponding actions specified in this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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:
Kenny Kaulia, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
    (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.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) Airworthiness Directive 2008-09-
01, dated September 30, 2008, and the service information identified
in Table 1 of this AD, for related information.

                      Table 1--Service Information
------------------------------------------------------------------------
 Embraer Service Bulletin--      Revision--             Dated--
------------------------------------------------------------------------
170-24-0019.................  Original.......  December 6, 2006.
170-24-0020.................  Original.......  November 30, 2006.
170-31-0020.................  01.............  May 21, 2008.
------------------------------------------------------------------------

Material Incorporated by Reference

    (i) You must use the service information contained in Table 2 of
this AD as applicable, to do the actions required by this AD, unless
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone:
+55 12 3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail:
<EMAIL_ADDRESS>Internet: http://www.flyembraer.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

               Table 2--Material Incorporated by Reference
------------------------------------------------------------------------
 Embraer Service Bulletin--      Revision--             Dated--
------------------------------------------------------------------------
170-24-0019.................  Original.......  December 6, 2006.
170-24-0020.................  Original.......  November 30, 2006.
170-31-0020.................  01.............  May 21, 2008.
------------------------------------------------------------------------

    Issued in Renton, Washington, on December 28, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-212 Filed 1-13-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Notices]
[Pages 19713-19715]
[FR Doc No: 2015-08336]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74665; File No. SR-CBOE-2015-037]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to the Exchange's Arbitration Forum

April 7, 2015.

    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 1, 2015, Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') 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 substantially
prepared by the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to adopt new Rule 18.1A relating to
arbitration. The text of the proposed rule change is available at the
Exchange's Office of the Secretary, on the Exchange's Web site at
http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx, 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 Exchange proposes to adopt new Rule 18.1A. Specifically, the
Exchange proposes to adopt new Rule 18.1A which would govern all
arbitration claims submitted to the Exchange after the proposed rule
change becomes operative (``Effective Date''). By way of background,
the Exchange currently offers an arbitration facility for any of its
Trading Permit Holders (``TPHs''), associated persons, or their
customers to arbitrate disputes, claims, or controversies arising out
of Exchange business. The Exchange's arbitration program is governed by
Chapter XVIII of the CBOE Rules.
    The Exchange recently entered into a Regulatory Services Agreement
(``RSA'')

with the Financial Industry Regulatory Authority, Inc. (``FINRA''),
pursuant to which FINRA, among other things, will provide certain
services pertaining to dispute resolution. As such, CBOE would cease to
administer an arbitration program for all claims after the Effective
Date. More specifically, all arbitration claims filed on and after the
Effective Date would be administered by FINRA pursuant to the RSA and
the Exchange would continue to administer its arbitration program for
all claims filed prior to the Effective Date.
    Additionally, the Exchange notes that the rules governing the
administration of any particular arbitration would depend on the date
the case was filed. This would help ensure that any person that filed
an arbitration claim under a particular set of arbitration rules would
continue to have the case administered pursuant to those rules through
the case's conclusion. Particularly, CBOE Rules 18.1-18.37, with the
exception of proposed CBOE Rule 18.1A, would continue to apply to CBOE
arbitration cases pending prior to the Effective Date.\5\ Thereafter,
claims involving TPHs, associated persons of TPHs, and/or customers
would be arbitrated under the FINRA Code of Arbitration Procedure for
Customer Disputes, the FINRA Code of Arbitration Procedure for Industry
Disputes (together, ``FINRA Codes of Arbitration''), and proposed new
Rule 18.1A.
---------------------------------------------------------------------------

    \5\ The Exchange notes that there are three cases currently
pending.
---------------------------------------------------------------------------

    Proposed CBOE Rule 18.1A provides detailed guidance concerning
claims involving TPHs, associated persons, and/or customers that are
asserted on or after the Effective Date. First, disputes, claims, or
controversies between or among CBOE TPHs and non-CBOE TPHs to resolve
TPH-to-TPH, TPH-to-associated person, TPH-to-non-CBOE TPH, associated
person-to-associated person, and associated person-to-non-CBOE TPH
disputes arising out of or in connection with Exchange business would
be arbitrated pursuant to the FINRA Codes of Arbitration. Proposed
subparagraph (b) of CBOE Rule 18.1A provides that a dispute, claim, or
controversy alleging employment discrimination (including a sexual
harassment claim) in violation of a statute, however, may only be
arbitrated if the parties have agreed to arbitrate it after the dispute
arose.\6\ Any type of dispute, claim, or controversy that is not
permitted to be arbitrated under the FINRA Codes of Arbitration, such
as class action claims, would also not be eligible for arbitration.
Proposed CBOE Rule 18.1A would also apply to former CBOE TPHs and
former associated persons of CBOE TPHs.
---------------------------------------------------------------------------

    \6\ The Exchange notes that FINRA rules currently provide that
any claim alleging employment discrimination, including any sexual
harassment claims, in violation of a statute, is eligible for
arbitration pursuant to either a pre-dispute or a post-dispute
agreement to arbitrate. In contrast, proposed Rule 18.1A(b) would
permit claims to be arbitrated only when the parties have agreed to
arbitrate the claim after it has arisen.
---------------------------------------------------------------------------

    Additionally, proposed CBOE Rule 18.1A(d) would explicitly retain
the Exchange's enforcement authority related to arbitration. In
appropriate cases, arbitrators refer to the Exchange potential
violations of the Exchange's Rules or the federal securities laws that
come to their attention during and in connection with a proceeding.
Proposed CBOE Rule 18.1A would specify that the Exchange would retain
the ability to take action based on such referrals that may come from
arbitrators in cases being arbitrated at FINRA.
    Proposed CBOE Rule 18.1A(e) would also retain the substance of
current CBOE Rule 18.37, regarding the obligation to honor arbitration
awards. It would provide that any TPH, or associated person of any TPH,
that fails to honor an award of arbitrators rendered under proposed
CBOE Rule 18.1A would be subject to disciplinary proceedings in
accordance with Chapter 17 of the CBOE Rules. Proposed CBOE Rule
18.1A(f) would also specify that the submission of any matter to
arbitration as provided for under the Rule would in no way limit or
preclude any right, action, or determination by the Exchange that it
would otherwise be authorized to adopt, administer, or enforce.
Proposed CBOE Rule 18.1A(c) would also provide that the requirements of
FINRA Rule 2268 (Requirements When Using Predispute Arbitration
Agreements for Customer Accounts) would apply to predispute arbitration
agreements between TPHs and their customers.
    Finally, the Exchange proposed adding Interpretation and Policy .04
to existing CBOE Rule 18.1, to clarify that the current CBOE
arbitration rules (Rules 18.1 through 18.37), would apply only to
arbitrations commenced prior to the Effective Date and would be
otherwise of no force or effect. Proposed new Interpretation and Policy
.04 would also clarify that all arbitrations filed prior to the
Effective Date would, until concluded, continue to be administered by
the Exchange.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\7\ Specifically, the Exchange believes that the proposed rule
change is consistent with the Section 6(b)(5) requirements that the
rules of an exchange be 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.\8\ Additionally, the Exchange believes that the proposed rule
change is consistent with the Section 6(b)(5) requirement that the
rules of an exchange not be designed to permit unfair discrimination
between customers, issuers, brokers, or dealers.\9\
---------------------------------------------------------------------------

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

    In particular, the Exchange believes that the proposed rule change
would facilitate the transition of the Exchange's arbitration forum to
FINRA's pursuant to the RSA the Exchange recently entered into with
FINRA. Additionally, the Exchange believes that the proposed rule
change would streamline the arbitration process and provide for a
unified and efficient arbitration forum with one set of arbitration
rules and administrative procedures for all cases filed after the
Effective Date. The Exchange also believes that the proposal would
provide a clear framework to handle arbitrations in a manner that is
designed to prevent fraudulent and manipulative acts and practices, and
to promote the protection of investors and the public interest.
Further, the Exchange believes that the proposed rule change would
provide greater harmonization between Exchange Rules and the rules of
similar substance and purpose of FINRA, resulting in less burdensome
and more efficient regulatory compliance for members of both the
Exchange and FINRA (``Dual Members''), removing impediments to and
perfecting the mechanism of a free and open market and a national
market system.
    Finally, the Exchange believes that the proposed rule change would
promote the protection of investors and the public interest by
continuing to provide market participants with a simple and inexpensive
procedure for resolution of their controversies.

Specifically, the Exchange notes that while CBOE would cease to
administer an arbitration program, TPHs, associated persons, and their
customers would still have an effective forum in which to arbitrate
their disputes, claims, or controversies (i.e., TPHs, associated
persons, and their customers would still have the availability of an
arbitration program; it would just be FINRA's program in lieu of
CBOE's). The Exchange believes that FINRA maintains a robust dispute
resolution system that provides a clear framework to handle
arbitrations in a manner that is designed to prevent fraudulent and
manipulative acts and practices and promotes the protection of
investors and the public interest.

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

    CBOE does not believe that the proposed rule change would impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. CBOE believes that the proposed
rule change is not designed to address any competitive issues. Rather,
CBOE believes that the proposed rule change is designed to facilitate
the transition of the Exchange's arbitration forum to FINRA's pursuant
to the RSA and streamline the arbitration process and provide for a
unified and efficient arbitration forum with one set of arbitration
rules and administrative procedures for all cases filed after the
Effective Date. Additionally, CBOE believes that the proposed rule
change would provide greater harmonization between the Exchange Rules
and FINRA Rules of similar purpose, resulting in less burdensome and
more efficient regulatory compliance for Dual Members.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) \11\ thereunder.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). Rule 19b-4(f)(6) requires a self-
regulatory organization to give the Commission written notice of its
intent to file the proposed rule change at least five business days
prior to the date of filing of the proposed rule change, or such
shorter time as designated by the Commission. The Exchange has
satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) of the Act \12\ to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-CBOE-2015-037 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2015-037. 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 at 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 20549-1090 on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2015-037 and should be
submitted on or before May 4, 2015.

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

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

Brent J. Fields,
Secretary.
[FR Doc. 2015-08336 Filed 4-10-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: February 15, 2008 (Volume 73, Number 32)]
[Notices]
[Page 8926]
[DOCID:fr15fe08-128]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Third Meeting, RTCA Special Committee 216: Aeronautical System
Security

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 216 meeting Aeronautical
Systems Security.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 216: Aeronautical Systems Security.

DATES: The meeting will be held on March 11-13, 2008, from 9 a.m. to 5
p.m.

ADDRESSES: The meeting will be held at EG&G, 300 M Street, Suite 400,
Washington, DC.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036-5133; telephone<PHONE_NUMBER>; fax
(202) 833-9434; Web site http://www.rtca.org. EG&G Contact: Dale Immel, telephone<PHONE_NUMBER> e-mail<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 216 meeting. The agenda will
include:
     March 11-13:
     Opening Session (Welcome, Introductory and Administrative
Remarks, Agenda Overview Minutes Review/Approve Second Meeting Summary
(RTCA Paper No. 010-08/SC216-005 and Action Items).
     Status of the Task Force.
     Status of the Working Groups, SG2 and SG3.
     Status of WG72.
     Status of Liaison Activities.
     Breakout into Working Groups.
     Organization of Plan Forward, Assign Actions.
     Closing Session (Other Business, Assignment/Review of
Future Work, Establish Agenda, Date and Place of Next Meeting, Closing
Remarks, Adjourn).
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on February 8, 2008.
Robert L. Bostiga,
RTCA Advisory Committee (Acting).
[FR Doc. 08-700 Filed 2-14-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Notices]
[Page 34406]
[FR Doc No: 2019-15234]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4420-DR; Docket ID FEMA-2019-0001]

Nebraska; Amendment No. 8 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Nebraska (FEMA-4420-DR), dated March 21, 2019, and
related determinations.

DATES: This amendment was issued June 28, 2019.

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: The notice of a major disaster declaration
for the State of Nebraska is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of March 21, 2019.

    Cherry, Nuckolls, and Scotts Bluff Counties and the Omaha Tribe
of Nebraska, Sac and Fox Nation of Missouri in Kansas and Nebraska,
Santee Sioux Nation, and the Winnebago Tribe of Nebraska within the
designated counties for Public Assistance [Categories C-G] (already
designated for debris removal and emergency protective measures
[Categories A and B], including direct federal assistance, under the
Public assistance 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,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-15234 Filed 7-17-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Proposed Rules]
[Pages 30829-30830]
[FR Doc No: 2013-12204]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2012-0540; FRL-9805-4]

Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Air Quality Standards Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a revision to the Illinois State
Implementation Plan (SIP) to reflect current national ambient air
quality standards (NAAQS) for ozone, lead, and particulate matter. EPA
is proposing to approve a revision to add new incorporations by
reference associated with current ozone, lead, and particulate matter
NAAQS into the Illinois SIP. EPA is also proposing to approve revisions
that amend typographical errors in the Illinois SIP.

DATES: Comments must be received on or before June 24, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0540, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies 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: April 12, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-12204 Filed 5-22-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 27, 2007 (Volume 72, Number 123)]
[Notices]
[Page 35290-35291]
[DOCID:fr27jn07-107]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55906; File No. SR-NYSEArca-2007-46]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change Relating to Firm
Facilitation, Royalty, and Booth Fees

 June 13, 2007.
    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 May 31, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been substantially prepared by the Exchange. NYSE Arca has
designated this proposal as one establishing or changing a due, fee, or
other charge imposed by the Exchange under Section 19(b)(3)(A)(ii) of
the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    NYSE Arca proposes to amend its Schedule of Fees and Charges for
Exchange Services (``Schedule'') by making a technical change to the
Firm Facilitation fee, eliminating one Royalty Fee, adding another, and
capping the fees it charges to OTP Firms for booths on the options
trading floor. The text of the proposed rule change is available at the
Exchange, its Web Site (http://www.nyse.com/regulation), and 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 this filing is to amend the existing Schedule by:
(1) Making a technical change to the Firm Facilitation Fee; (2)
eliminating one Royalty Fee; (3) adding one new Royalty Fee; and (4)
establishing a monthly cap on Booth Fees. A brief description of each
proposed changes is provided below.
    Firm Facilitation Fees. The Firm Facilitation rate applies to
transactions involving a proprietary trading account of an OTP Firm \5\
that has a customer of that OTP Firm on the contra side of the
transaction. This practice is generally referred to as ``facilitating''
an order. Facilitation Orders on NYSE Arca are manually traded via open
outcry and are not presently eligible for electronic execution. Open
outcry trades are not subject to the Post/Take pricing model that NYSE
Arca utilizes for issues that trade as part of the Penny Pilot.
Accordingly, the Schedule now reads ``N/A'' for Firm Facilitation fees
under both ``Post'' and ``Take'' Liquidity. Once the Facilitation
Orders are fully automated, the Exchange will file with the Commission,
a proposal for a new Post/Take rate for this order type.
---------------------------------------------------------------------------

    \5\ See NYSE Arca Options Rule 1.1(r) (defining ``OTP Firm'').
---------------------------------------------------------------------------

    Royalty Fees. The Exchange proposes to eliminate Royalty Fees for
options traded on the NASDAQ Fidelity Composite Index ETF (ONEQ). The
Exchange will no longer collect the $0.12 per contract fee on any
trades in ONEQ. By eliminating these fees, the Exchange hopes to
attract additional order flow and encourage more trading by market
participants.
    The Exchange plans to commence trading of options on the KBW Bank
Index (BKX). The Exchange has entered into a licensing agreement with
Keefe, Bruyette & Woods Inc., the firm that created and maintains the
fund. As a part of this agreement, NYSE Arca will pay a fee to Keefe,
Bruyette & Woods on every contract traded on the Exchange. Effective
with this filing, the Exchange will assess a $0.10 Royalty Fee, on a
per contract basis, for Firm, Broker/Dealer, and Market Maker
transactions in options on the KBW Bank Index. For electronic
executions in issues included in the Penny Pilot, Royalty Fees will be
passed through to the trading participant on the ``Take'' side of the
transaction.\6\
---------------------------------------------------------------------------

    \6\ See telephone conversation between Andrew Stevens, Assistant
General Counsel, Amex, and Christopher Chow, Special Counsel,
Commission, on June 13, 2007.
---------------------------------------------------------------------------

    Booth Fees. OTP Firms apply for, and receive permission to use,
booths on the options trading floor. The Exchange currently charges a
$350 per month fee for each booth that an OTP Firm uses, without any
monthly cap. The Exchange now proposes capping this fee at $3500 per
month. Going forward, firms will pay a maximum monthly booth fee of
$3500 regardless of how many booths they are authorized to use.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act,\7\ in general, and Section 6(b)(4),\8\ in particular,
in that it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    The foregoing proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A)(ii) of the Act \9\ and Rule 19b-
4(f)(2) \10\ thereunder, because it establishes or changes a due, fee,
or other charge imposed by the Exchange. Accordingly, the proposal is
effective upon filing with the Commission. At any time within 60 days
of the filing of such proposed rule change the Commission may summarily
abrogate such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSEArca-2007-46 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2007-46. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2007-46 and should be submitted on or before
July 18, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-12391 Filed 6-26-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 73 (Wednesday, April 15, 2020)]
[Notices]
[Pages 21066-21068]
[FR Doc No: 2020-07910]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2020-0027-N-7]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks approval of the Information
Collection Requests (ICRs) abstracted below. Before submitting these
ICRs to the Office of Management and Budget (OMB) for approval, FRA is
soliciting public comment on specific aspects of the activities
identified below.

DATES: Interested persons are invited to submit comments on or before
June 15, 2020.

ADDRESSES: Submit written comments on the ICRs activities by mail to
either: Ms. Hodan Wells, Information Collection Clearance Officer,
Office of Railroad Safety, Regulatory Analysis Division, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC
20590; or Ms. Kim Toone, Information Collection Clearance Officer,
Office of Administration, Office of Information Technology, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC
20590. Commenters requesting FRA to acknowledge receipt of their
respective comments must include a self-addressed stamped postcard
stating, ``Comments on OMB Control Number 2130-XXXX,'' (the relevant
OMB control number for each ICR is listed below) and should also
include the title of the ICR. Alternatively, comments may be faxed to
202-493-6216 or<PHONE_NUMBER>, or emailed to Ms. Wells at
<EMAIL_ADDRESS>or Ms. Toone at 670c0e0a4913080809022703081349000811. Please refer to
the assigned OMB control number in any correspondence submitted. FRA
will summarize comments received in response to this notice in a
subsequent notice and include them in its information collection
submission to OMB for approval.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60-days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically,
FRA invites interested parties to comment on the following ICRs
regarding: (1) Whether the information collection activities are
necessary for FRA to properly execute its functions, including whether
the activities will have practical utility; (2) the accuracy of FRA's
estimates of the burden of the information collection activities,
including the validity of the

methodology and assumptions used to determine the estimates; (3) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (4) ways for FRA to minimize the burden of
information collection activities on the public, including the use of
automated collection techniques or other forms of information
technology. See 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1).
    FRA believes that soliciting public comment may reduce the
administrative and paperwork burdens associated with the collection of
information that Federal regulations mandate. In summary, FRA reasons
that comments received will advance three objectives: (1) Reduce
reporting burdens; (2) organize information collection requirements in
a ``user-friendly'' format to improve the use of such information; and
(3) accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.
    The summaries below describe the ICRs that FRA will submit for OMB
clearance as the PRA requires:
    Title: Passenger Train Emergency Preparedness.
    OMB Control Number: 2130-0545.
    Abstract: Under 49 CFR part 239, FRA requires railroads to meet
minimum Federal standards for the preparation, adoption, and
implementation of emergency preparedness plans connected with the
operation of passenger trains, including freight railroads hosting
passenger rail service operations. The information collected is
necessary for compliance with the regulation.
    Type of Request: Extension with change (revised estimates) of a
currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 34 railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                 Respondent      Total annual     Average time     Total annual     Total cost
         CFR section              universe        responses      per responses     burden hours   equivalent \1\
----------------------------------------------------------------------------------------------------------------
239.13--Waivers.............  34 railroads...  1 waiver         10 hours.......  10 hours.......            $760
                                                petition.
239.101/201/203--Emergency    34 railroads...  6 amended plans  16 hours.......  96 hours.......           7,296
 preparedness plan: amended
 plans.
--Non-substantive changes to  34 railroads...  4 amended plans  1 hour.........  4 hours........             304
 emergency preparedness plan.
--Emergency preparedness      34 railroads...  1 new plan.....  80 hours.......  80 hours.......           6,080
 plans for new/start-up
 railroads.
239.101(a)(1)(ii)--RR         34 railroads...  34 designations  5 minutes......  2.8 hours......             213
 designation of employees
 responsible for maintaining
 emergency phone numbers for
 use in contacting outside
 emergency responders and
 appropriate RR officials
 that a passenger emergency
 has occurred.
--Commuter/intercity          34 railroads...  34 lists/        1 hour.........  34 hours.......           2,584
 passenger RRs gathering/                       updated
 keeping emergency phone                        records.
 numbers.
239.101(a)(7)--RR             1 new railroad.  350 cards/1      5 minutes......  29.3 hours.....           2,227
 dissemination of                               safety message.
 information regarding
 emergency procedures/
 instructions.
                              34 railroads...  1,000 cards/100  5 minutes......  91.7 hours.....           6,969
                                                safety
                                                messages.
239.105(d)--Debrief and       34 railroads...  25 debrief/      5 minutes......  2.1 hours......             160
 critique sessions.                             critique
                                                records.
    Total...................  34 railroads...  1,556..........  N/A............  350 hours......          26,592
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 1,556.
---------------------------------------------------------------------------

    \1\ The dollar equivalent cost throughout this document is
derived from the Surface Transportation Board's Full Year Wage A&B
data series using the appropriate employee group hourly wage rate
that includes a 75-percent overhead charge.
---------------------------------------------------------------------------

    Total Estimated Annual Burden: 350 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $26,592.
    Title: Critical Incident Stress Plans.
    OMB Control Number: 2130-0602.
    Abstract: Under 49 CFR part 272, Class I, intercity passenger, and
commuter railroads are required to develop, and submit to FRA for
approval, critical incident stress plans that provide for appropriate
support services to be offered to their employees who are affected by a
critical incident as defined in 49 CFR 272.9. FRA uses the information
collected to ensure the minimum standards of part 272 are met.
    Type of Request: Extension with change (revised estimates) of a
currently approved collection.
    Affected Public: Businesses/Rail Labor Unions.
    Form(s): N/A.
    Respondent Universe: 41 railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                 Respondent      Total annual     Average time     Total annual     Total cost
         CFR section              universe        responses      per responses     burden hours     equivalent
----------------------------------------------------------------------------------------------------------------
272.103(a)--Railroad          1 new railroad.  1 plan.........  12 hours.......  12 hours.......            $912
 submission of critical
 incident stress plan (CISP)
 to FRA for approval.
--(b) RR CISP copy to 5       41 railroads...  20 plan copies.  5 minutes......  1.7 hours......             129
 labor organizations.

--(c)(1) Rail labor           5 employee       5 comments.....  2 hours........  10 hours.......             760
 organization comment to FRA   labor
 on CISP submission.           organizations.
--(c)(2) Rail labor           5 employee       5                5 minutes......  .4 hours.......              30
 affirmative statement to      labor            certifications.
 FRA that comment copy has     organizations.
 been served on railroad.
--(e) Railroad submission of  41 railroads...  4 updated/       6 hours........  24 hours.......           1,824
 updated/modified existing                      modified plans.
 CISP to FRA for approval.
--(f) Copy to RR employees    41 railroads...  5,000 copies...  5 minutes......  416.7 hours....          31,669
 of updated/modified CISP\2\.
--(g) Railroads make copies   41 railroads...  25 plan copies.  5 minutes......  2.1 hours......             160
 of CISP available to FRA
 inspector upon request.
272.105--Requirement to file  41 railroads...  4 CISP           8 minutes......  .5 hours.......              38
 CISP electronically.                           electronic
                                                submissions.
Total.......................  41 railroads...  5,064 responses  N/A............  467 hours......          35,522
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 5,064.
---------------------------------------------------------------------------

    \2\ FRA understands most railroads provide their CISP
information to employees via a company portal or other electronic
means, thus FRA reduced the estimate of actual physical copies to
5,000 to reflect that understanding.
---------------------------------------------------------------------------

    Total Estimated Annual Burden: 467 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $35,522.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that it may not conduct or sponsor,
and a respondent is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

(Authority: 44 U.S.C. 3501-3520)

Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2020-07910 Filed 4-14-20; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Notices]
[Pages 4656-4657]
[FR Doc No: 2020-01222]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10004-48-OA]

Notification of a Public Meeting of the Chartered Clean Air
Scientific Advisory Committee (CASAC)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The EPA Science Advisory Board (SAB) Staff Office announces a
public meeting of the Chartered Clean Air Scientific Advisory Committee
(CASAC) to discuss their Draft Report on EPA's Integrated Science
Assessment for Ozone and Related Photochemical Oxidants (External
Review Draft--September 2019) and their Draft Report on EPA's Policy
Assessment for the Review of the Ozone National Ambient Air Quality
Standards (External Review Draft).

DATES: The public meeting will be held on Tuesday, February 11, 2020,
from 12:00 p.m. to 4:00 p.m. (Eastern Time) and Wednesday, February 12,
2020, from 12:00 p.m. to 4:00 p.m. (Eastern Time).

ADDRESSES: The public meeting will be conducted by telephone only.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing to
obtain information concerning these public meetings may contact Mr.
Aaron Yeow, Designated Federal Officer (DFO), at<PHONE_NUMBER> or at
<EMAIL_ADDRESS>General information about the CASAC, as well as any
updates concerning the meetings announced in this notice, may be found
on the CASAC website at http://www.epa.gov/casac.

SUPPLEMENTARY INFORMATION:
    Background: The Clean Air Scientific Advisory Committee (CASAC) was
established under section 109(d)(2) of the Clean Air Act (CAA or Act)
(42 U.S.C. 7409) as an independent scientific advisory committee. The
CASAC provides advice, information and recommendations on the
scientific and technical aspects of air quality criteria and the
National Ambient Air Quality Standards (NAAQS). The CASAC shall also:
Advise the EPA Administrator of areas in which additional knowledge is
required to appraise the adequacy and basis of existing, new, or
revised NAAQS; describe the research efforts necessary to provide the
required information; advise the EPA Administrator on the relative
contribution to air pollution concentrations of natural as well as
anthropogenic activity; and advise the EPA Administrator of any adverse
public health, welfare, social, economic, or energy effects which may
result from various strategies for attainment and maintenance of such
NAAQS. The CAA requires that the Agency, at five-year intervals, review
and revise, as appropriate, the air quality criteria and the NAAQS for
the six ``criteria'' air pollutants, including ozone. EPA is currently
reviewing the NAAQS for ozone.
    The CASAC is a Federal Advisory Committee chartered under the
Federal Advisory Committee Act (FACA), 5 U.S.C., App. 2. The Chartered
CASAC will comply with the provisions of FACA and all appropriate SAB
Staff Office procedural policies. Pursuant to FACA and EPA policy,
notice is hereby given that the Chartered CASAC will hold a public
meeting to discuss their Draft Report on EPA's Integrated Science
Assessment for Ozone and Related Photochemical Oxidants (External
Review Draft--September 2019) and their Draft Report on EPA's Policy
Assessment for the Review of the Ozone National Ambient Air Quality
Standards (External Review Draft).
    Technical Contacts: Any technical questions concerning EPA's
Integrated Science Assessment for Ozone and Related Photochemical
Oxidants (External Review Draft--September 2019) should be directed to
Dr. Tom Luben<EMAIL_ADDRESS>and Dr. Meredith Lassiter
(lassiter.meredith@epa.gov). Any technical questions concerning EPA's
Policy Assessment for the Review of the Ozone National Ambient Air
Quality Standards (External Review Draft) should be directed to Dr.
Deirdre Murphy (murphy.deirde@epa.gov).
    Availability of Meeting Materials: Prior to the meeting, the review
documents, agenda and other materials will be accessible through the
calendar link on the blue navigation bar at http://www.epa.gov/casac/.
    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office. Federal advisory committees and panels, including
scientific advisory committees, provide independent advice to EPA.
Members of the public can submit relevant comments on the topic of this
advisory activity, including the charge to the CASAC and the EPA review
documents, and/or the group conducting the activity, for the CASAC to
consider as it develops advice for EPA. Input from the public to the
CASAC will have the most impact if it provides specific scientific or
technical information or analysis for CASAC to consider or if it
relates to the clarity or accuracy of the technical information.
Members of the public wishing to provide comment should follow the
instructions below to submit comments.
    Oral Statements: Individuals or groups requesting an oral
presentation during the public meeting will be limited to three
minutes. Each person making an oral statement should consider providing
written comments as well as their oral statement so that the points
presented orally can be expanded upon in writing. Interested parties
should contact Mr. Aaron Yeow, DFO, in writing (preferably via email)
at the contact information noted above by February 4, 2020, to be
placed on the list of public speakers.
    Written Statements: Written statements will be accepted throughout
the advisory process; however, for timely consideration by CASAC
members, statements should be supplied to the DFO (preferably via
email) at the contact information noted above by February 4, 2020. It
is the SAB Staff Office general policy to post written comments on the
web page for the advisory meeting or teleconference. Submitters are
requested to provide an unsigned version of each document because the
SAB Staff Office does not publish documents with signatures on its
websites. Members of the public should be aware that their personal
contact information, if included in any written comments, may be posted
to the CASAC website. Copyrighted material will not be posted without
explicit permission of the copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Mr. Aaron Yeow at (202)
564-2050 or<EMAIL_ADDRESS>To request accommodation of a
disability, please contact Mr. Yeow preferably at least ten days prior
to each meeting to give EPA as much time as possible to process your
request.

    Dated: January 10, 2020.
 Khanna Johnston,
 Deputy Director, EPA Science Advisory Staff Office.
[FR Doc. 2020-01222 Filed 1-24-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Page 24408]
[FR Doc No: 2023-08323]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1888-043]

York Haven Power Company, LLC; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Application for Non-Capacity Amendment of
License.
    b. Project No: 1888-043.
    c. Date Filed: January 26, 2023.
    d. Applicant: York Haven Power Company, LLC (licensee).
    e. Name of Project: York Haven Hydroelectric Project.
    f. Location: The project is located on the Susquehanna River in
Lancaster and York counties, Pennsylvania.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Jody Smet, Eagle Creek Renewable Energy, LLC;
7315 Wisconsin Avenue, Suite 1100W, Bethesda, MD 20814; Phone: (804)
739-0654.
    i. FERC Contact: Joy Kurtz,<PHONE_NUMBER>, [email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: May 13, 2023.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-1888-043. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee requests the Commission
amend its project license to reflect a change in the design of the
nature-like fishway (NLF) required by Article 401 of the project
license, Pennsylvania Department of Environmental Protection's
(Pennsylvania DEP) Water Quality Certificate (WQC) and U.S. Fish and
Wildlife Service's (FWS) fishway prescription. These conditions require
the construction and operation of a NLF based on design criteria and
other specifications articulated in the project's 2014 Settlement
Agreement. Following significant design challenges with the NLF and
subsequent dispute-resolution efforts undertaken by the parties to the
Settlement Agreement, the Settlement Agreement was amended to reflect
the design change from an in-river NLF to an inland bypass NLF. In
order to ensure consistency between the Settlement Agreement and the
project license, the licensee is seeking Commission approval to amend
the project license to reflect an inland bypass NLF rather than an in-
river NLF, including the portion of Article 401(a) that identifies the
deadline in which the NLF must be operational, and deadlines in which
the licensee must file the plans and specifications, as well as a
monitoring plan for the NLF for Commission approval. Finally, the
licensee has filed requests with the Pennsylvania DEP and FWS to amend
the WQC and fishway prescription, respectively, to reflect the terms of
the amended to the Settlement Agreement. Once those documents are
amended, the licensee requests they be incorporated into the project
license.
    l. Location of the Application: The Commission provides all
interested persons an opportunity to view and/or print the contents of
this document via the internet through the Commission's website at
http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number
excluding the last three digits in the docket number field to access
the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and
issuances related to this or other pending projects. Agencies may
obtain copies of the application directly from the applicant. At this
time, the Commission has suspended access to the Commission's Public
Reference Room due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll free,
(866) 208-3676 or TTY,<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: April 13, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-08323 Filed 4-19-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33223-33224]
[FR Doc No: 2013-13139]

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 DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0357]

Drawbridge Operation Regulation; York River, Between Yorktown and
Gloucester Point, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulations.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the draw of the US 17/George P. Coleman
Memorial Swing Bridge across the York River, mile 7.0, between
Gloucester Point and Yorktown, VA. This deviation is necessary to
facilitate electrical motor maintenance on the George P. Coleman
Memorial Swing Bridge. This temporary deviation allows the drawbridge
to remain in the closed-to-navigation position.

DATES: This deviation is effective from 7 a.m. on June 9, 2013 to 5
p.m. June 16, 2013.

ADDRESSES: The docket for this deviation, [USCG-2013-0357] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Jim Rousseau, Bridge
Administration Branch Fifth District, Coast Guard; telephone (757) 398-
6557, email<EMAIL_ADDRESS>If you have questions on
reviewing the docket, call Barbara Hairston, Program Manager, Docket
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Virginia Department of Transportation,
who owns and operates this swing bridge, has requested a temporary
deviation from the current operating regulations set out in 33 CFR
117.1025, to facilitate electric motor maintenance on the structure.
    Under the regular operating schedule, the Coleman Memorial Bridge,
mile 7.0, between Gloucester Point and Yorktown, VA, opens on signal
except from 5 a.m. to 8 a.m. and 3 p.m. to 7 p.m. Monday through
Friday, except Federal holidays the bridge shall remain closed to
navigation. The Coleman Memorial Bridge has vertical clearances in the
closed position of 60 feet above mean high water.
    Under this temporary deviation, the drawbridge will be closed to
navigation from 7 a.m. to 5 p.m. on Sunday June 9, 2013; with an
inclement weather date from 7 a.m. to 5 p.m. on Sunday June 16, 2013.
Emergency openings cannot be provided. There are no alternate routes
for vessels transiting this section of the York River.
    The York River is used by a variety of vessels including military,
tugs, and recreational vessels. The Coast Guard has carefully
coordinated the restrictions with these waterway users. The Coast Guard
will also inform additional waterway users through our Local and
Broadcast Notices to Mariners of the closure periods for the bridge so
that vessels can arrange their transits to minimize any impacts caused
by the temporary deviation. Mariners able to pass under the bridge in
the closed position may do so at any time and are advised to proceed
with caution.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: May 20, 2013.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2013-13139 Filed 6-3-13; 8:45 am]
BILLING CODE 9110-04-P