[Federal Register Volume 77, Number 19 (Monday, January 30, 2012)]
[Notices]
[Pages 4591-4593]
[FR Doc No: 2012-1869]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66213; File No. SR-CBOE-2012-009]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Related to the Appointments in Hybrid 3.0 Classes

January 23, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 17, 2012, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') filed with the Securities and
Exchange Commission (the ``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Exchange has designated the proposal as a ``non-
controversial'' proposed rule change pursuant to Section 19(b)(3)(A) 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).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend its rules relating to Lead Market-
Maker (``LMM'') and Supplemental Market-Maker (``SMM'') appointments in
Hybrid 3.0 classes.\5\ The text of the proposed rule change is
available on the Exchange's Web site (www.cboe.org/Legal), at the
Exchange's Office of the Secretary and at the Commission.
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    \5\ ``Hybrid Trading System'' refers to the Exchange's trading
platform that allows Market-Makers to submit electronic quotes in
their appointed classes. ``Hybrid 3.0 Platform'' is an electronic
trading platform on the Hybrid Trading System that allows one or
more quoters to submit electronic quotes which represent the
aggregate Market-Maker quoting interest in a series for the trading
crowd. Classes authorized by the Exchange for trading on the Hybrid
Trading System are referred to as ``Hybrid classes.'' Classes
authorized by the Exchange for trading on the Hybrid 3.0 Platform
are referred to as ``Hybrid 3.0 classes.'' References to ``Hybrid,''
``Hybrid System,'' or ``Hybrid Trading System'' in the Exchange's
Rules include all platforms unless otherwise provided by rule. See
Rule 1.1(aaa).

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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 those statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    The Exchange is proposing to amend its rules to permit the
appointment of one or more LMMs or SMMs to participate in modified
opening rotations and/or other opening rotations in Hybrid 3.0 classes.
    By way of background, Hybrid 3.0 is an electronic trading platform
on CBOE's Hybrid System that allows one or more quoters to submit
electronic quotes which represent the aggregate Market-Maker quoting
interest in a series for the trading crowd. Under Rule 8.15, Lead
Market-Makers and Supplemental Market-Makers in Hybrid 3.0 Classes, if
a Designated Primary Market-Maker (``DPM'') has not been appointed for
a given Hybrid 3.0 class, the Exchange may appoint one or more LMMs and
SMMs to perform this quoting function.\6\ As part of their obligations,
appointed LMMs and SMMs in Hybrid 3.0 classes determine the formula for
generating automatically updated market quotations during the trading
day and provide opening quotes during the opening rotation process.
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    \6\ For example, currently the only class traded on the Hybrid
3.0 Platform is the S&P 500 Index option class, symbol SPX. For this
class, currently the Exchange has approved four Market-Maker
organizations to function as LMMs in SPX on a rotating basis. Under
the current rotation procedures, the Exchange has determined to
appoint two LMMs per expiration month to perform this quoting
function. Currently the Exchange does not utilize any SMMs.
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    In order to facilitate a fair and orderly market during opening
rotations, the Exchange is proposing to amend the appointment
procedures to permit the Exchange to appoint one or more LMMs and SMMs
to participate in the modified opening rotation described in
Interpretation .01 to Rule 6.2B, Hybrid Opening System (``HOSS''), \7\
to participate in other opening rotations using HOSS described more
generally in Rule 6.2B,\8\ and/or determine the formula for generating
automatically updated market quotations during the trading day. Thus,
as proposed, one or more LMMs and SMMs could be appointed to perform
some of [sic] all of these three functions.\9\
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    \7\ The modified HOSS opening rotation procedure is used on
settlement days of volatility index options and futures contracts
for which the index options used to calculate the volatility index
are Hybrid 3.0 classes. Currently, the SPX option class is the only
Hybrid 3.0 option class in which the modified HOSS opening procedure
is utilized. Specifically, the modified HOSS opening procedure is
utilized in certain SPX option series on settlement days for CBOE
Volatility Index (VIX) options and futures contracts.
    The settlement date for volatility index options and futures
contracts is on the Wednesday that is thirty days prior to the third
Friday of the calendar month immediately following the month in
which the applicable volatility index options or futures contract
expires. If the third Friday of the month subsequent to expiration
of the applicable volatility index futures or options contract is a
CBOE holiday, the final settlement date for the respective contract
shall be thirty days prior to the CBOE business day immediately
preceding that Friday. On these settlement dates, Rule 6.2B.01
provides for a modified HOSS opening procedure only in those index
option series (i) that are Hybrid 3.0 classes and (ii) whose prices
are used to calculate a volatility index on which an option or
future is traded. (The modified HOSS opening procedure may be
suspended by two Floor Officials in the event of unusual market
conditions.)
    \8\ There are two other HOSS opening rotation procedures in Rule
6.2B: the normal HOSS opening rotation procedure referenced in Rule
6.2B and the Hybrid Agency Liaison opening rotation procedure
referenced in Rule 6.2B.03 (referred to as ``HAL-O''). Either the
normal opening procedure or the HAL-O procedure, as determined by
the Exchange, is used on all other days in those index options and
on the volatility index options and futures settlement date in all
contract months whose prices are not used to calculate the
applicable volatility index. (The Exchange notes that, currently for
SPX, the normal opening procedure referenced in Rule 6.2B is used.)
    \9\ By comparison, for example, currently, the appointed LMMs in
SPX perform all of these functions. Under the proposed rule change
the Exchange may determine, for example, to appoint two LMMs to
perform all three functions for a given expiration month, and may
also to [sic] determine to appoint one or more additional LMMs to
participate in the modified opening rotation process described in
Rule 6.2B.01.
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    The Exchange believes that having the ability to appoint LMMs and
SMMs in this fashion--and thereby having the flexibility to appoint
additional LMMs and SMMs for opening rotations, particularly for
modified opening rotations--would help the Exchange to maintain a fair
and orderly market, including in those instances on the opening where
there may be significant order imbalances and/or where a quoter(s) may
be experiencing system problems and back-up quotes are needed. The
Exchange also believes the proposal is consistent with a provision in
the Exchange Rules that had been applicable to LMM and SMM appointments
in Non-Hybrid System classes. That provision permitted the Exchange to
appoint one or more LMMs and SMMs to participate in modified rotations
in S&P 100 Index options (symbol OEX) described in Interpretation .02
to Rule 24.13, Trading Rotations, opening rotations using the
Exchange's Rapid Opening System (``ROS'') described in Rule 6.2A, Rapid
Opening System, and/or to determine a formula for generating
automatically updated market quotations during the trading day. This
provision had applied when the Exchange operated on a different trading
platform (referred to as the ``Non-Hybrid System''), which utilized the
ROS technology for opening rotations.\10\
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    \10\ See introductory language to Rule 8.15. Since the Exchange
not [sic] longer utilizes the Non-Hybrid System and ROS (instead,
options that trade on the Hybrid 3.0 Platform must use the HOSS
system described in Rule 6.2B), this provision is outdated and
unnecessary. See Securities Exchange Act Release No. 58422 (August
25, 2008), 73 FR 51029 (August 29, 2008) (SR-CBOE-2008-089) (which,
among other things, amended the title of Rule 8.15 to delete an
outdated reference to ``Non-Hybrid''). Therefore, in conjunction
with this instant proposed rule change, the Exchange is also
proposing to delete this outdated provision in Rule 8.15. In
addition, the Exchange is proposing certain non-substantive changes
to reorganize the text so that it is easier to read and understand
(in particular, the phrase ``with an appointment in an option class
for which a DPM has not been appointed'' is being deleted and the
phrase ``in an option class for which a DPM has not been appointed''
is being inserted elsewhere within the introductory language to Rule
8.15.
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2. Statutory Basis
    The Exchange believes the rule proposal is consistent with the
Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations under the Act applicable to a national securities exchange
and, in particular, the requirements of Section 6(b) of the Act.\11\
Specifically, the Exchange believes that the proposed rule change is
consistent with the Section 6(b)(5) Act \12\ [sic] requirements that
the rules of an exchange be designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts and,
in general, to protect investors and the public interest. In
particular, the Exchange believes having the ability to appoint LMMs
and SMMs as proposed would help the Exchange to maintain a fair and
orderly market, including in those instances on the opening where there
may be significant order imbalances and/or where a quoter(s) may be
experiencing system problems and back-up quotes are needed, in a

manner that is consistent with a provision on [sic] the Exchange Rules
that had been applicable to LMM and SMM appointments in Non-Hybrid
System classes.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition 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 neither solicited nor received comments on the
proposal.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not 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 \13\ and Rule 19b-
4(f)(6) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because such waiver will help the Exchange to maintain a fair
and orderly market. Therefore, the Commission designates the proposal
operative upon filing.\15\
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    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2012-009 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2012-009. This file
number should be included on the subject line if email is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE., Washington, DC 20549, on official business days between the
hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
publicly available. All submissions should refer to File Number SR-
CBOE-2012-009, and should be submitted on or before February 21, 2012.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-1869 Filed 1-27-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Notices]
[Pages 6924-6925]
[FR Doc No: 2016-02550]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Twelfth Meeting; RTCA Tactical Operations Committee (TOC)

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

ACTION: Notice of Twelfth RTCA Tactical Operations Committee Meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of the
Twelfth RTCA Tactical Operations Committee meeting.

DATES: The meeting will be held March 3, 2016 from 9:00 a.m.-4:00 p.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1150 18th Street
NW., Suite 910, Washington, DC 20036, Tel:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833-
9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org or Trin
Mitra, TOC Secretary, RTCA, Inc<EMAIL_ADDRESS>(202) 330-0655.

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

Thursday, March 3, 2016

1. Opening of Meeting/Introduction of TOC Members--Co Chairs Dale
Wright and Bryan Quigley
2. Official Statement of Designated Federal Official--Elizabeth Ray
3. Approval of November 12, 2015 Meeting Summary
4. FAA Update--Elizabeth Ray
5. FAA Response to Previous TOC Recommendations: Caribbean Operations
and Class B Airspace
6. Recommendations from the Airport Construction Task Group.
7. Recommendations from the National Procedure Assessment Task Group
8. Introduction to new PBN Route Structure Task
9. Discussion on potential task on Graphical TFRs
10. Update on the NextGen Advisory Committee (NAC)
11. FAA briefing on One Engine Inoperative (OEI) procedures
12. Anticipated Issues for TOC consideration and action at the next
meeting
13. Other Business
14. Adjourn

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Plenary information will be
provided upon request. Persons who wish 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 4, 2016.
Latasha Robinson,
Management & Program Analyst, NextGen, Enterprise Support Services
Division, Federal Aviation Administration.
[FR Doc. 2016-02550 Filed 2-8-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Rules and Regulations]
[Page 76860]
[FR Doc No: 2015-31267]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2015-1016]

Special Local Regulation; Southern California Annual Marine
Events for the San Diego Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the San Diego Parade of Lights
special local regulations on Sunday, December 13, 2015 and Sunday,
December 20, 2015. This event occurs in north San Diego Bay in San
Diego, CA. These special local regulations are necessary to provide for
the safety of the participants, crew, spectators, sponsor safety
vessels, and general users of the waterway. During the enforcement
period, persons and vessels are prohibited from entering into,
transiting through, or anchoring within this regulated area unless
authorized by the Captain of the Port, or his designated
representative.

DATES: The regulations for the marine event listed in 33 CFR 100.1101,
Table 1, Item 5, will be enforced from 5:30 p.m. to 8:30 p.m. on
Sunday, December 13, 2015 and Sunday, December 20, 2015.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email Petty Officer Randolph Pahilanga, Waterways
Management, U.S. Coast Guard Sector San Diego, CA; telephone (619) 278-
7656, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.1101 in support of the San Diego Parade
of Lights (Item 5 on Table 1 of 33 CFR 100.1101). The Coast Guard will
enforce the special local regulations in the San Diego Bay in San
Diego, CA from 5:30 p.m. to 8:30 p.m. on Sunday, December 13, 2015 and
Sunday, December 20, 2015.
    Under the provisions of 33 CFR 100.1101, persons and vessels are
prohibited from entering into, transiting through, or anchoring within
this regulated area unless authorized by the Captain of the Port, or
his designated representative. The Coast Guard may be assisted by other
Federal, State, or local law enforcement agencies in patrol and
notification of this regulation.
    This document is issued under authority of 5 U.S.C. 552(a) and 33
CFR 100.1101. In addition to this document in the Federal Register, the
Coast Guard will provide the maritime community with advance
notification of this enforcement period via the Local Notice to
Mariners and local advertising by the event sponsor.
    If the Captain of the Port Sector San Diego or his designated
representative determines that the regulated area need not be enforced
for the full duration stated on this document, he or she may use a
Broadcast Notice to Mariners or other communications coordinated with
the event sponsor to grant general permission to enter the regulated
area.

    Dated: November 24, 2015.
J.S. Spaner,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2015-31267 Filed 12-10-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Proposed Rules]
[Pages 66942-66945]
[FR Doc No: 2012-27270]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket No. USCG-2012-0103]
RIN 1625-AA01

Anchorages; Lower Mississippi River, Above Head of Passes,
Convent, LA and Point Pleasant, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish two anchorage areas on
the Lower Mississippi River, above the Head of Passes (AHP). The first
would be located at the Belmont Light extending from Mile Marker (MM)
152.9 to 154 on the Left Descending Bank (LDB) of the river, the second
at Bayou Goula, extending from MM 197.7 to 198.7 on the Right
Descending Bank (RDB) of the river. These proposed anchorages would
double the available anchorage area in these sections of the river,
which is necessary to help accommodate increased vessel volume and
improve navigational safety for vessels transiting these river
sections.

DATES: Comments and related material must be received by the Coast
Guard on or before December 10, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0103 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander (LCDR) Brandon Sullivan, Sector New
Orleans, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0103), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at http://www.regulations.gov, or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2012-0103) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit

comments by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.
    The comment period for this NPRM is 30 days from the date of
publication in the Federal Register. The Lower Mississippi River
Waterway Safety Advisory Committee, a Federal Advisory Committee,
formally recommended creation of these anchorages at the committee
meeting in December 2011. A comment period greater than 30 days is
unnecessary in this case due to extensive discussion regarding these
proposed anchorages that has occurred since that time. However, we will
consider requests to extend the comment period.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2012-0103) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The Coast Guard is authorized under section 7 of the Rivers and
Harbors Act of 1915 (33 U.S.C. 471) to establish anchorages in the
navigable waters of the United States through the regulations found in
33 CFR parts 109 and 110. At its December 2011 meeting, the Lower
Mississippi River Waterway Safety Advisory Council (LMRWSAC)
recommended the establishment of two anchorage areas in the Lower
Mississippi River (LMR), AHP. LMRWSAC, a Congressionally-chartered
Federal advisory committee, is responsible for advising, consulting
with, and making recommendations to the Secretary of Homeland Security
on navigational safety matters relating to the Lower Mississippi River.
Participants at the December 2011 LMRWSAC meeting noted that the
anchorages are necessary to address navigation safety concerns arising
from the increased volume of vessels in the proposed areas. After
extensive discussions, including observations of and comments from
members of the public in attendance, LMRWSAC recommended that the Coast
Guard establish the two anchorages.
    Based on the recommendation of LMRWSAC, the Coast Guard proposes
the two anchorage areas. The designated anchorage areas would relieve
congestion and provide anchorage space to accommodate the increasing
volumes of traffic in these areas of the LMR. The grain facility Zen-
Noh predicts a steady 10 percent increase of vessels annually over the
next 5 years. The recent addition of the Nucor Steel Louisiana iron
making facility will further increase traffic; they are predicting the
facility will serve 4-5 Panamax sized vessels a month.
    In addition, the establishment of the Bayou Goula Anchorage would
not only double the anchorage space available between Burnside, LA and
Baton Rouge, LA, it would also provide a much needed alternative to
anchor vessels during dredging operations at the White Castle
Anchorage.

C. Discussion of Proposed Rule

    The proposed amendment would create two new anchorage areas to be
known as the Belmont Anchorage and Bayou Goula Anchorage. The Belmont
Anchorage includes the area 1.1 miles in length along the left
descending bank of the river extending from mile 152.9 (Belmont Light)
to mile 154.0 above Head of Passes. The width of the anchorage is 300
feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 400 feet from the water's edge into the river as measured
from the LWRP. The outer boundary of the anchorage is a line parallel
to the nearest bank 700 feet from the water's edge into the river as
measured from the LWRP. The anchorage may also be viewed by drawing
rhumb lines joining points at:

Latitude                             Longitude

30[deg]00'51.494''                   90[deg]46'35.574''
30[deg]00'52.881''                   90[deg]46'36.609''
30[deg]00'52.074''                   90[deg]46'40.399''
30[deg]00'48.973''                   90[deg]46'51.478''
30[deg]00'47.038''                   90[deg]46'59.290''
30[deg]00'43.370''                   90[deg]47'8.183''
30[deg]00'40.939''                   90[deg]47'13.687''
30[deg]00'36.914''                   90[deg]47'20.258''
30[deg]00'30.675''                   90[deg]47'29.094''
30[deg]00'25.657''                   90[deg]47'35.682''
30[deg]00'18.677''                   90[deg]47'43.214''
30[deg]00'15.448''                   90[deg]47'39.349''

    The Bayou Goula anchorage includes the area 1.0 mile in length
along the right descending bank of the river extending from mile 197.7
to mile 198.7 above the Head of Passes. The width of the anchorage is
500 feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 200 feet from the water's edge in the river as measured
from the LWRP. The outer boundary of the anchorage is a line parallel
to the nearest bank 700 feet from the water's edge into the river as
measured from the LWRP. The anchorage may also be viewed by drawing
rhumb lines joining points at:

Latitude                             Longitude

30[deg]14'18.387''                   91[deg]07'31.710''
30[deg]14'20.749''                   91[deg]07'34.063''
30[deg]14'15.236''                   91[deg]07'49.009''
30[deg]14'11.122''                   91[deg]07'56.033''
30[deg]14'7.648''                    91[deg]08'1.368''
30[deg]14'1.284''                    91[deg]08'10.983''
30[deg]13'56.444''                   91[deg]08'19.028''
30[deg]13'51.207''                   91[deg]08'23.955''
30[deg]13'47.977''                   91[deg]08'20.737''

    The anchorage areas would be for temporary use by vessels of all
types. Vessels may occupy the anchorage areas during a wide range of
conditions and for a broad variety of purposes. For example, vessels
would be allowed to anchor temporarily while taking on stores,
transferring personnel, or engaging in bunkering operations. Vessels
would also be allowed to use anchorage areas while awaiting weather and
other conditions favorable to resuming their voyage. The Captain of the
Port New Orleans or his designated representative may direct the
movement of any vessel anchored or moored within the anchorage areas.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The impacts on routine
navigation are expected to be minimal because the proposed anchorage
areas would not unnecessarily restrict traffic as they are located
outside of the established navigation channel. Vessels would be able to
maneuver in, around, and through the anchorages. Operators who choose
to maneuver their vessels around a proposed anchorage area would not be
significantly impacted because the total distance to transit around
each anchorage perimeter to the other side does not exceed more than
1.1 nautical miles.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule would affect the following entities,
some of which may be small entities: The owners or operators of vessels
intending to transit through the proposed anchorage areas at both
Belmont and Bayou Goula. These anchorages would not have a significant
economic impact on a substantial number of small entities for the
following reasons: The anchorages would double the anchorage areas in
both proposed locations, thus allowing greater vessel volume in order
to meet the growing economic needs of facilities along the river, and
vessel traffic could pass safely around the anchorages.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves establishing anchorages and as such is categorically excluded,
under figure 2-1, paragraph (34) (f) of the Instruction. A preliminary
``Environmental Analysis Check List'' supporting this determination is
available in the docket where indicated under ADDRESSES. We seek any

comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 110

    Anchorage Regulations.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for part 110 continues to read as
follows:

    Authority:  33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.

    2. In Sec.  110.195(a), add new paragraphs (34) and (35) to read as
follows:

Sec.  110.195  Mississippi River below Baton Rouge, LA, including South
and Southwest Passes.

    (a) * * *
    (34) Belmont Anchorage. An area 1.1 miles in length along the left
descending bank of the river extending from mile 152.9 (Belmont Light)
to mile 154.0 above Head of Passes. The width of the anchorage is 300
feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 400 feet from the water's edge into the river as measured
from the LWRP. The outer boundary of the anchorage is a line parallel
to the nearest bank 700 feet from the water's edge into the river as
measured from the LWRP.
    (35) Bayou Goula Anchorage. An area 1.0 mile in length along the
right descending bank of the river extending from mile 197.7 to mile
198.7 above the Head of Passes. The width of the anchorage is 500 feet.
The inner boundary of the anchorage is a line parallel to the nearest
bank 200 feet from the water's edge in the river as measured from the
LWRP. The outer boundary of the anchorage is a line parallel to the
nearest bank 700 feet from the water's edge into the river as measured
from the LWRP.
* * * * *

    Dated: October 30, 2012.
Roy A. Nash,
Rear Admiral, U. S. Coast Guard, Commander, Eighth Coast Guard
District.
[FR Doc. 2012-27270 Filed 11-7-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12748-12749]
[FR Doc No: 2013-04274]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 9202-179]

Upper Yampa Water Conservancy District; Notice of Application
Accepted for Filing, 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. Types of Application: Non-project use of project lands and
waters.
    b. Project No.: 9202-179.
    c. Date Filed: January 22, 2013, and supplemented February 7, 2013.
    d. Applicant: Upper Yampa Water Conservancy District.
    e. Name of Project: Stagecoach Hydropower Project.
    f. Location: Yampa River, in Routt County, Colorado.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Kevin McBride, District Manager, Upper
Yampa Water Conservancy District, 3310 Clear Water Trail, P.O. Box
775529, Steamboat Springs, CO 80477,<PHONE_NUMBER>.
    i. FERC Contact: Mr. Mark Carter,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: 30 days from the issuance date of this notice by the
Commission.
    All documents may be filed electronically via the Internet. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web
site 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_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may be paper-filed. To paper-file, mail an
original and seven copies to: Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426. Please include
the project number (P-9202-179) on any comments or motions filed.
    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 Application: The licensee proposes to allow
commercial development of the site with a marina and restaurant
operation that would have elements located both inside and outside the
project boundary. The following facilities would be located within the
project boundary: (1) Boat docks; (2) a sand beach area for swimming;
(3) miscellaneous landscaping improvements, including an event lawn;
and (4) four walkways to the proposed docks, swimming area, and event
lawn. The proposed dock facilities would consist of two floating docks
accommodating a maximum of 40 watercraft per dock, and each dock would
be constructed in separate phases.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field (P-9202) 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. A copy is also available for
inspection and reproduction at the address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
and .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 a 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: February 19, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-04274 Filed 2-22-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10819-10820]
[FR Doc No: 2021-03250]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 510, 520, and 522

[Docket No. FDA-2019-N-5405]

New Animal Drugs; Withdrawal of Approval of New Animal Drug
Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of withdrawal.

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

SUMMARY: The Food and Drug Administration (FDA) is withdrawing approval
of seven new animal drug applications (NADAs) from multiple holders of
these applications. The basis for the withdrawals is that the holders
of these applications have repeatedly failed to file required annual
reports for the applications.

DATES: Withdrawal of approval is effective February 23, 2021.

FOR FURTHER INFORMATION CONTACT: David Alterman, Center for Veterinary
Medicine (HFV-212), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The holders of approved applications to
market new animal drugs are required to submit annual reports to FDA
concerning each of their approved applications in accordance with Sec.
514.80 (21 CFR 514.80).
    In the Federal Register of January 8, 2020 (85 FR 919), FDA
published a notice offering an opportunity for a hearing (NOOH) on a
proposal to withdraw approval of seven NADAs because the sponsors had
failed to submit the required annual reports for these applications.
The holders of these applications did not respond to the NOOH. Failure
to file a written notice of participation and request for a hearing as
required by Sec.  514.200(b) (21 CFR 514.200(b)) constitutes an
election by the applicant not to make use of the opportunity for a
hearing concerning the proposal to withdraw approval of the
applications and a waiver of any contentions concerning the legal
status of the drug products. Therefore, approval of the seven
applications listed in table 1 is being withdrawn.

             Table 1--NADAs for Which Approval Is Withdrawn
------------------------------------------------------------------------
    Application No.         Trade name  (drug)            Sponsor
------------------------------------------------------------------------
031-971................  CUPRATE (cupric          Walco International,
                          glycinate).              Inc., 15 West Putnam,
                                                   Porterville, CA
                                                   93257.

045-863................  PALOSEIN (orgotein)....  OXIS International,
                                                   Inc., 6040 N. Cutter
                                                   Circle, suite 317,
                                                   Portland, OR 97217-
                                                   3935.
046-922................  SERGEANTS SURE SHOT      ConAgra Pet Products
                          (n[dash]butyl            Co., 3902 Leavenworth
                          chloride) Capsules.      St., Omaha, NE 68105.
046-923................  SERGEANTS (n-butyl       ConAgra Pet Products
                          chloride) Puppy Worm     Co., 3902 Leavenworth
                          Capsules.                St., Omaha, NE 68105.
065-067................  Tetracycline             Premo Pharmaceutical
                          Hydrochloride Tablets.   Laboratories, Inc.,
                                                   111 Leuning St.,
                                                   South Hackensack, NJ
                                                   07606.
140-850................  ELITE (dichlorophene     RSR Laboratories,
                          and toluene) Dog and     Inc., 501 Fifth St.,
                          Cat Wormer.              Bristol, TN 37620.
141-107................  BAPTEN for Injection     Alaco, Inc., 1500
                          ([szlig][dash]aminopro   North Wilmot Rd.,
                          pionitrile fumarate).    suite 290-C, Tucson,
                                                   AZ 85712.
------------------------------------------------------------------------

    The Commissioner of Food and Drugs (the Commissioner), under
section 512(e)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360b(e)(2)(A)), finds that the holders of the applications
listed in this document have repeatedly failed to submit reports
required by Sec.  514.80. In addition, under Sec.  514.200(b), the
Commissioner finds that the holders of the applications have waived any
contentions concerning the legal status of the drug products.
Therefore, under these findings, approval of the applications listed in
this document, and all amendments and supplements thereto, is hereby
withdrawn, effective February 23, 2021.
    Elsewhere in this issue of the Federal Register, FDA is amending
the animal drug regulations to reflect the withdrawal of approval of
these applications.

    Dated: February 11, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-03250 Filed 2-22-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Notices]
[Page 33991]
[FR Doc No: 2014-13852]

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

Federal Aviation Administration

[Summary Notice No. PE-2014-28]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

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

DATES: Comments on this petition must identify the petition docket
number and must be received on or before July 3, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2014-
0275 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nia Daniels,<PHONE_NUMBER>, 800
Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

Brenda D. Courtney,
Acting Director, Office of Rulemaking.

Petition For Exemption

    Docket No.: FAA-2014-0275.
    Petitioner: Federal Express Corporation.
    Section of 14 CFR Affected: 121.463(c).
    Description of Relief Sought: Federal Express Corporation petitions
the FAA for an exemption from Sec.  121.463(c) as it pertains to the
training requirements for an aircraft dispatcher. The exemption would
allow FedEx aircraft dispatchers the ability to use a single line
oriented flight training (LOFT) event, including the pre-LOFT and post-
LOFT briefing events, to meet the annual dispatcher operational
familiarization requirements of Sec.  121.463(c), provided the pilot-
training LOFT event was conducted in accordance with the FedEx Advanced
Qualification Program.

[FR Doc. 2014-13852 Filed 6-12-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 7, 2005 (Volume 70, Number 194)]
[Notices]
[Page 58732-58733]
[DOCID:fr07oc05-99]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1607-DR]

Louisiana; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Louisiana (FEMA-1607-DR), dated September 24, 2005,
and related determinations.

EFFECTIVE DATE: September 29, 2005.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal
Emergency Management Agency, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Louisiana is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration of September 24, 2005:

    The parishes of Ascension, St. Martin, Vernon, and West Baton
Rouge for Individual Assistance (already designated for debris
removal and emergency protective measures [Categories A and B] under
the Public Assistance program, including direct Federal assistance.)

(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 Program; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services Program; 97.034,
Disaster Unemployment Assistance (DUA); 97.046, Fire Management
Assistance; 97.048, Individuals and Households Housing; 97.049,
Individuals and Households Disaster Housing Operations; 97.050,
Individuals and Households Program--Other Needs; 97.036, Public

Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

R. David Paulison,
Acting Under Secretary, Emergency Preparedness and Response, Department
of Homeland Security.
[FR Doc. 05-20289 Filed 10-6-05; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Page 81229]
[FR Doc No: 2016-27679]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2016-110]

Petition for Exemption; Summary of Petition Received; Northrop
Grumman Corporation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

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

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before December 7, 2016.

ADDRESSES: You may send comments identified by docket number FAA-2016-
9132 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments digitally.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Alphonso Pendergrass, ARM-207, Federal
Aviation Administration, 800 Independence Avenue SW., Washington DC,
20591, email<EMAIL_ADDRESS>phone<PHONE_NUMBER>.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on November 8, 2016.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

Docket No.: FAA-2016-9132.
Petitioner: Northrop Grumman Corporation.
Section of 14 CFR Affected: Sec. Sec.  43.1(b),(1), and Appendix B to
part 43(a),(1),(2) and (3).
Description of Relief Sought: The petitioner is seeking relief to allow
Northrop Grumman Corporation exemption from the requirements of using
the FAA, Major Repair and Alteration Form 337, when recording Major
Repairs and Minor Alliterations to aircraft designated as experimental
but previously issued a different type of airworthiness certificate for
that aircraft.
[FR Doc. 2016-27679 Filed 11-16-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 136 (Monday, July 18, 2022)]
[Notices]
[Pages 42718-42719]
[FR Doc No: 2022-15257]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC22-87-000.
    Applicants: Berkshire Hathaway Inc.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Berkshire Hathaway Inc.
    Filed Date: 7/11/22.
    Accession Number: 20220711-5234.
    Comment Date: 5 p.m. ET 8/25/22.

    Docket Numbers: EC22-88-000.
    Applicants: Edwards Sanborn Storage I, LLC, Edwards Sanborn Storage
II, LLC, ES 1A Group 2 Opco, LLC, ES 1A Group 3 Opco, LLC, Daylight I,
LLC, Edwards Solar Line I, LLC, Sanborn Solar Line I, LLC, Axium ES
Holdings LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Edwards Sanborn Storage I, LLC, et al.
    Filed Date: 7/12/22.
    Accession Number: 20220712-5127.
    Comment Date: 5 p.m. ET 8/2/22.

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

    Docket Numbers: EG22-163-000.
    Applicants: SR DeSoto I, LLC.
    Description: SR DeSoto I, LLC submits Notice of Self-Certification
of Exempt Wholesale Generator Status.
    Filed Date: 7/8/22.
    Accession Number: 20220708-5270.
    Comment Date: 5 p.m. ET 7/29/22.

    Docket Numbers: EG22-164-000.
    Applicants: SR Turkey Creek, LLC.
    Description: SR Turkey Creek, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 7/8/22.
    Accession Number: 20220708-5272.
    Comment Date: 5 p.m. ET 7/29/22.

    Docket Numbers: EG22-165-000.
    Applicants: SR DeSoto I Lessee, LLC.
    Description: SR DeSoto I Lessee, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 7/8/22.
    Accession Number: 20220708-5276.
    Comment Date: 5 p.m. ET 7/29/22.

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

    Docket Numbers: ER19-842-003.
    Applicants: Energy Center Paxton LLC.
    Description: Notice of Change in Status of Energy Center Paxton
LLC.
    Filed Date: 7/11/22.
    Accession Number: 20220711-5231.
    Comment Date: 5 p.m. ET 8/1/22.

    Docket Numbers: ER21-326-001.
    Applicants: Direct Energy Business Marketing, LLC.
    Description: Refund Report: Refund Report to be effective N/A.
    Filed Date: 7/12/22.
    Accession Number: 20220712-5037.
    Comment Date: 5 p.m. ET 8/2/22.

    Docket Numbers: ER22-1698-002.
    Applicants: EDF Spring Field WPC, LLC.
    Description: Tariff Amendment: 2d Tariff Amendment and Request for
Shortened Comment Period--EDF Spring Field to be effective 6/28/2022.
    Filed Date: 7/12/22.
    Accession Number: 20220712-5075.
    Comment Date: 5 p.m. ET 8/2/22.

    Docket Numbers: ER22-2333-000.
    Applicants: AES Laurel Mountain, LLC.
    Description: Sec.  205(d) Rate Filing: AES Laurel Mountain, LLC
Shared Facilities Agreement to be effective 7/12/2022.
    Filed Date: 7/11/22.
    Accession Number: 20220711-5173.
    Comment Date: 5 p.m. ET 8/1/22.

    Docket Numbers: ER22-2334-000.
    Applicants: Laurel Mountain BESS, LLC.
    Description: Sec.  205(d) Rate Filing: Laurel Mountain BESS, LLC
Shared Facilities Agreement to be effective 7/12/2022.
    Filed Date: 7/11/22.
    Accession Number: 20220711-5176.
    Comment Date: 5 p.m. ET 8/1/22.

    Docket Numbers: ER22-2335-000.
    Applicants: Public Service Company of New Mexico.
    Description: Compliance filing: PNM Compliance with Order No. 881
to be effective 7/12/2025.
    Filed Date: 7/11/22.
    Accession Number: 20220711-5185.
    Comment Date: 5 p.m. ET 8/1/22.

    Docket Numbers: ER22-2336-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2022-
07-12_SA 3028 Ameren IL-Prairie Power 1st Rev Project#14-A Pleasant
View to be effective 7/13/2022.
    Filed Date: 7/12/22.
    Accession Number: 20220712-5015.
    Comment Date: 5 p.m. ET 8/2/22.

    Docket Numbers: ER22-2338-000.
    Applicants: King Forest Industries, Inc.
    Description: Notice of Cancellation of Market Based Rate Tariff of
King Forest Industries, Inc.
    Filed Date: 7/7/22.
    Accession Number: 20220707-5226.
    Comment Date: 5 p.m. ET 7/28/22.

    Docket Numbers: ER22-2339-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Order No. 881 Compliance Filing to
Implement Transmission Line Ratings to be effective 7/12/2025.
    Filed Date: 7/12/22.
    Accession Number: 20220712-5033.
    Comment Date: 5 p.m. ET 8/2/22.

    Docket Numbers: ER22-2340-000.
    Applicants: Basin Electric Power Cooperative.
    Description: Sec.  205(d) Rate Filing: Basin Electric Power
Cooperative Order No. 881 Compliance Filing to be effective 7/12/2025.
    Filed Date: 7/12/22.
    Accession Number: 20220712-5035.
    Comment Date: 5 p.m. ET 8/2/22.

    Docket Numbers: ER22-2341-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Compliance filing: Alabama Power Company submits
tariff filing per 35: Order No. 881 Compliance Filing to be effective
7/12/2025.
    Filed Date: 7/12/22.
    Accession Number: 20220712-5048.
    Comment Date: 5 p.m. ET 8/2/22.

    Docket Numbers: ER22-2342-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to Generator
Deactivation Analyses Process and Timing to be effective 9/11/2022.
    Filed Date: 7/12/22.
    Accession Number: 20220712-5052.
    Comment Date: 5 p.m. ET 8/2/22.

    Docket Numbers: ER22-2343-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Tariff Clean-Up Filing
20220601 to be effective 6/1/2022.
    Filed Date: 7/12/22.
    Accession Number: 20220712-5059.
    Comment Date: 5 p.m. ET 8/2/22.

    Docket Numbers: ER22-2344-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Revisions to Allow Storage
Facilities to be Transmission Only Assets to be effective 12/31/9998.
    Filed Date: 7/12/22.
    Accession Number: 20220712-5067.
    Comment Date: 5 p.m. ET 8/2/22.

    Docket Numbers: ER22-2345-000.
    Applicants: NorthWestern Corporation.
    Description: Compliance filing: Order No. 881 Compliance Filing
Transmission Line Ratings to be effective 7/12/2025.
    Filed Date: 7/12/22.
    Accession Number: 20220712-5072.
    Comment Date: 5 p.m. ET 8/2/22.

    Docket Numbers: ER22-2346-000.
    Applicants: El Paso Electric Company.
    Description: Compliance filing: OATT Order No. 881 Compliance
Filing--TOC and Attachment O to be effective 7/12/2025.
    Filed Date: 7/12/22.
    Accession Number: 20220712-5074.
    Comment Date: 5 p.m. ET 8/2/22.

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

    Dated: July 12, 2022..
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-15257 Filed 7-15-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 6, 2009 (Volume 74, Number 64)]
[Notices]
[Page 15561-15563]
[DOCID:fr06ap09-139]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59661; File No. SR-NASDAQ-2009-026]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the Temporary Suspension of the Continued Listing Requirements
Related to Bid Price and Market Value of Publicly Held Shares for
Listing on the Nasdaq Stock Market Through July 19, 2009

March 31, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on March 18, 2009, The NASDAQ Stock Market LLC (``Nasdaq'') 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 Nasdaq. Nasdaq has designated the proposed
rule change as effecting a change described under Rule 19b-4(f)(6)
under the Act,\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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to extend the temporary suspension of the
application of the continued inclusion bid price and market value of
publicly held shares requirements for listing on the Nasdaq Stock
Market through July 19, 2009.

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

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

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

1. Purpose
    On October 16, 2008, Nasdaq filed a proposed rule change, which was
immediately effective, to temporarily suspend the bid price \5\ and
market value of publicly held shares \6\ continued listing requirements
otherwise applicable to issuers of common stock, preferred stock,
secondary classes of common stock, shares or certificates of beneficial
interest of trusts, limited partnership interests, American Depositary
Receipts, and their equivalents.\7\ This suspension was designed to
provide temporary relief to companies from the application of these
requirements during a period in which the financial markets face almost
unprecedented turmoil, resulting in a crisis in investor confidence and
concerns about the proper functioning of the securities markets.\8\ On
December 18, 2008, Nasdaq filed a proposed rule change to extend this
suspension until April 19, 2009.\9\
---------------------------------------------------------------------------

    \5\ Nasdaq's continued listing requirements relating to bid
price are set forth in Rules 4310(c)(4), 4320(e)(2)(E)(ii),
4450(a)(5), 4450(b)(4), and 4450(h)(3) and the related compliance
periods are set forth in Rules 4310(c)(8)(D), 4320(e)(2)(E)(ii), and
4450(e)(2). Nasdaq has proposed to reorganize and renumber these
rules, effective April 13, 2009. See SR-NASDAQ-2009-018 (pending).
Under these rules, a security is considered deficient if it fails to
achieve at least a $1 closing bid price for a period of 30
consecutive business days. Once deficient, Capital Market issuers
are provided one automatic 180-day period to regain compliance.
Thereafter, these issuers can receive an additional 180-day
compliance period if they comply with all Capital Market initial
inclusion requirements except bid price. Global Market issuers are
also provided one automatic 180-day period to regain compliance,
after which they can transfer to the Capital Market, if they comply
with all Capital Market initial inclusion requirements except bid
price, to take advantage of the second 180-day compliance period. A
company can regain compliance by achieving a $1 closing bid price
for a minimum of ten consecutive business days.
    \6\ Nasdaq's continued listing requirements relating to market
value of publicly held shares are set forth in Rules 4310(c)(7),
4320(e)(5), 4450(a)(2), 4450(b)(3) and 4450(h)(2) and the related
compliance periods are set forth in Rules 4310(c)(8)(B) and
4450(e)(1). Nasdaq has proposed to reorganize and renumber these
rules, effective April 13, 2009. See SR-NASDAQ-2009-018 (pending).
Under these rules, a security is considered deficient if it fails to
achieve the minimum market value of publicly held shares requirement
for a period of 30 consecutive business days. Thereafter, companies
have a compliance period of 90 calendar days to achieve compliance
by meeting the applicable standard for a minimum of ten consecutive
business days.
    \7\ Securities Exchange Act Release No. 58809 (October 17,
2008), 73 FR 63222 (October 23, 2008) (SR-NASDAQ-2008-082). One
comment was submitted on this proposal by Alan F. Eisenberg,
Executive Vice President, the Biotechnology Industry Organization.
This comment supported the suspension and ``any efforts by the
Commission and NASDAQ to extend [the suspension], as necessary,
beyond the termination date of January 16, 2009.''
    \8\ See, e.g., Securities Exchange Act Release No. 58588
(September 18, 2008), 73 FR 55174 (September 24, 2008) (``The
Commission is aware of the continued potential of sudden and
excessive fluctuations of securities prices and disruption in the
functioning of the securities markets that could threaten fair and
orderly markets. Given the importance of confidence in our financial
markets as a whole, we have also become concerned about sudden and
unexplained declines in the prices of securities. Such price
declines can give rise to questions about the underlying financial
condition of an issuer, which in turn can create a crisis of
confidence without a fundamental underlying basis. This crisis of
confidence can impair the liquidity and ultimate viability of an
issuer, with potentially broad market consequences.'')
    \9\ Securities Exchange Act Release No. 59219 (January 8, 2009),
74 FR 2640 (January 15, 2009) (SR-NASDAQ-2008-099).
---------------------------------------------------------------------------

    Market conditions have not improved since the suspension began and,
in fact, both the number of securities trading below $1 and the number
of securities trading between $1 and $2 on Nasdaq has increased since
the initial suspension. Nasdaq continues to believe that there was no
fundamental change in the underlying business model or prospects for
many of these companies, and that a decline in general investor
confidence has resulted in depressed pricing for companies that
otherwise remain suitable for continued listing. These same conditions
continue to make it difficult for companies to successfully implement a
plan to regain compliance with the price or market value of publicly
held shares tests.\10\
---------------------------------------------------------------------------

    \10\ In this regard, Nasdaq notes that the New York Stock
Exchange recently filed, on an immediately effective basis, a
proposed rule change to adopt a similar suspension for its $1 price
requirement, lasting until June 30, 2009. Securities Exchange Act
Release No. 59510 (March 4, 2009), 74 FR 10636 (March 11, 2009) (SR-
NYSE-2009-21).
---------------------------------------------------------------------------

    Given these extraordinary market conditions, Nasdaq has determined
that it is appropriate to continue the temporary suspension of the bid
price and market value of publicly held shares requirements for an
additional three months, until July 19, 2009. Under this proposal,
companies would not be cited for new bid price or market value of
publicly held shares deficiencies during the suspension period, and the
time allowed to companies already in a compliance period or in the
hearings process for bid price or market value of publicly held shares
deficiencies would remain suspended with respect to those
requirements.\11\ Following the

temporary suspension, any new deficiencies with the bid price or market
value of publicly held shares requirements would be determined using
data starting on July 20, 2009.\12\ When the suspension expires,
companies that were in a compliance period as of October 16, 2008, when
the suspension first began, would receive the balance of any pending
compliance periods in effect at the time of the initial suspension.\13\
Similarly, companies that were in the Hearings process prior to October
16, 2008, would resume in that process at the same stage they were in
when the suspension first went into effect. Nasdaq will continue to
monitor securities to determine if they regain compliance during the
temporary suspension.
---------------------------------------------------------------------------

    \11\ Nasdaq would continue to identify on its Web site and in
its daily data feed to vendors those companies in a compliance
period or in the hearings process as not satisfying the continued
listing standards, unless the company regains compliance during the
suspension. A company would continue to be subject to delisting for
failure to comply with other listing requirements.
    \12\ Nasdaq would not consider the bid price or market value of
publicly held shares for the period before or during the suspension
with respect to a company that was not yet non-compliant with those
requirements at the start of the suspension.
    \13\ For example, if a company was 120 days into its first 180-
day compliance period for a bid price deficiency when the suspension
first started and the company does not regain compliance during the
suspension, the company would have sixty days remaining, starting on
July 20, 2009, to regain compliance. The company may be eligible for
the second 180-day compliance period if it satisfies the conditions
for the second compliance period at the conclusion of the first
compliance period.
---------------------------------------------------------------------------

    Nasdaq believes that extending the temporary suspension will permit
companies to continue focusing on running their businesses, rather than
satisfying market-based requirements that are largely beyond their
control in the current environment. Moreover, this extension will allow
investors to buy shares of some of these lower-priced securities
without fear that the company will receive a delisting notification or
be delisted in the very near term.\14\ Nasdaq will continue to monitor
market conditions and consider whether it is appropriate to further
extend the suspension.
---------------------------------------------------------------------------

    \14\ As noted above, following the suspension, companies
presently in the compliance process will remain at that same stage
of the process.
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\15\ in general and with Section
6(b)(5) of the Act,\16\ 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. The proposed rule change is
designed to remove uncertainty regarding the ability of companies to
remain listed on Nasdaq during this especially turbulent market
environment, thereby protecting investors, facilitating transactions in
securities, and removing an impediment to a free and open market.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f.
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    While written comments were not solicited about the proposed
extension, there was one comment submitted by the Biotechnology
Industry Organization on the original suspension of the bid price and
market value of publicly held shares requirements, which supported the
extension. That comment is described in footnote 6, above.

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

    The proposed rule change is effective upon filing pursuant to
Section 19(b)(3)(A) of the Act and paragraph (f)(6) of Rule 19b-4
thereunder, in that the proposed rule change: (i) Does not
significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) does not become operative for 30 days after the date of the
filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest;
provided the self-regulatory organization has given the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.\17\
---------------------------------------------------------------------------

    \17\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Act, the Exchange is required to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    Nasdaq believes that the proposed extension of the temporary
suspension does not significantly affect the protection of investors or
the public interest as it is a temporary measure designed to respond to
extraordinary market conditions. Nasdaq also believes that the proposed
extension of the temporary suspension will help protect investors and
the public interest by allowing the management of listed companies to
focus more on the successful operation of their businesses than on
responding to market conditions that are entirely unpredictable at the
present time and often completely out of the control of the company's
management. Further, Nasdaq has previously imposed a similar temporary
suspension following the events of September 11, 2001, when there were
also extraordinary market conditions.\18\ As such, Nasdaq believes that
it is appropriate to file this proposal for immediate effectiveness
pursuant to Section 19(b)(3)(A) \19\ and Rule 19b-4(f)(6).\20\
---------------------------------------------------------------------------

    \18\ Securities Exchange Act Release No. 44857 (September 27,
2001), 66 FR 50485 (October 3, 2001) (SR-NASD-2001-61).
    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2009-026 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-NASDAQ-2009-026.
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, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2009-026 and should be submitted on or before
April 27, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Florence E. Harmon,
Deputy Secretary.
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    \21\ 17 CFR 200.30-3(a)(12).
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 [FR Doc. E9-7631 Filed 4-3-09; 8:45 am]

BILLING CODE 8010-01-P