[Federal Register Volume 77, Number 121 (Friday, June 22, 2012)]
[Rules and Regulations]
[Pages 37604-37605]
[FR Doc No: 2012-15264]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG 2012-0461]

Safety Zone; Fourth of July Fireworks, City of San Francisco, San
Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the City of
Sausalito's Fourth of July Fireworks in the Captain of the Port, San
Francisco area of responsibility during the dates and times noted
below. This action is necessary to protect life and property of the
maritime public from the hazards associated with the fireworks display.
During the enforcement period, unauthorized persons or vessels are
prohibited from entering into, transiting through, or anchoring in the
safety zone, unless authorized by the Patrol Commander (PATCOM).

DATES: The regulations in 33 CFR 165.1191 will be enforced from 9 a.m.
to 9:45 p.m. on July 4, 2012.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Ensign William Hawn, U.S. Coast Guard Sector San
Francisco;

telephone<PHONE_NUMBER> or email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a 100 foot
safety zone around the fireworks barge during the loading, transit, and
arrival of the fireworks barge to the display location and until the
start of the fireworks display. From 9 a.m. until 2 p.m. on July 4,
2012, the barge will be loading off of Pier 50 in position
37[deg]46'28'' N, 122[deg]23'06'' W (NAD 83). From 7 p.m. to 8:30 p.m.
on July 4, 2012 the loaded barge will transit from Pier 50 to the
launch site near Sausalito, CA in position 37[deg]51'30'' N,
122[deg]28'29'' W (NAD83). Upon the commencement of the fireworks
display, scheduled to take place from 9:15 p.m. to 9:30 p.m. on July 4,
2012, the safety zone will increase in size and encompass the navigable
waters around and under the fireworks barge within a radius 1,000 feet
around the launch site near Sausalito, CA in position 37[deg]51'30'' N,
122[deg]28'29'' W (NAD83) for the City of Sausalito's Fourth of July
Fireworks Display in 33 CFR 165.1191. This safety zone will be in
effect from 9 a.m. to 9:45 p.m. on July 4, 2012.
    Under the provisions of 33 CFR 165.1191, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
anchoring in the safety zone during all applicable effective dates and
times, unless authorized to do so by the PATCOM. Additionally, each
person who receives notice of a lawful order or direction issued by an
official patrol vessel shall obey the order or direction. The PATCOM is
empowered to forbid entry into and control the regulated area. The
PATCOM shall be designated by the Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
This notice is issued under authority of 33 CFR 165.1191 and 5 U.S.C.
552(a). In addition to this notice in the Federal Register, the Coast
Guard will provide the maritime community with extensive advance
notification of the safety zone and its enforcement period via the
Local Notice to Mariners.
    If the Captain of the Port determines that the regulated area need
not be enforced for the full duration stated in this notice, a
Broadcast Notice to Mariners may be used to grant general permission to
enter the regulated area.

    Dated: June 6, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2012-15264 Filed 6-21-12; 8:45 am]
BILLING CODE 9110-04-P


Kathy Kaufman/RTP/USEPA/US

04/28/2008 10:34 AM

To

Tricia Crabtree/RTP/USEPA/US@EPA

cc

Subject

next set of emails for Pb RIA docket

Kathy Kaufman

EPA/OAQPS Mail Code C539-03

Research Triangle Park, NC 27711

Phone<PHONE_NUMBER>

Fax<PHONE_NUMBER>

----- Forwarded by Kathy Kaufman/RTP/USEPA/US on 04/28/2008 10:33 AM -----

"King, Heidi R."<EMAIL_ADDRESS> 04/07/2008 05:48 PM

To

Lydia Wegman/RTP/USEPA/US@EPA, Kathy Kaufman/RTP/USEPA/US@EPA

cc

Ron Evans/RTP/USEPA/US@EPA, "Beck, Nancy"<EMAIL_ADDRESS> Subject

Pb NAAQS RIA follow up questions

Good afternoon, Pb NAAQS RIA team,

Thank you for briefing OMB last week on your approach to completing the Regulatory Impact Analysis under EO 12866 for the Pb NAAQS proposed rule.  Below are my follow up questions, which we might begin to address through email (sharing references, for example) and perhaps in a brief follow up meeting.  My apologies for failing to get these questions to you by this morning, as promised!

Thanks, and best regards,

heidi

For both Costs and Benefits Analysis:

1.	Confirm baseline (which MACTs are in the baseline?)

Benefits Analysis questions:

2.	Where can I get further information on methods for

a.	Buffer concentrations

b.	VNA interpolation

3.	Which peer-reviewed studies support Air-to-blood ratios among adults?

4.	Could you provide references for peer-reviewed studies used to support quantification of adult health effects:

a.	Relationship of Pb and Hypertension, including both endpoint and sequelae – including clarification of direction of causality, and which are endpoints vs which are risk factors (hypertension is a CV risk factor; are we quantifying HT as an endpoint, and if so, based on what?  Risk reduction?)

b.	Link from BP to Chronic Heart Disease, Stroke and Premature Mortality

c.	Which studies were considered and *not* used for quantifying these relationships?

5.	Valuations – both methodology and studies supporting values used

a.	What studies were considered and *not* used to support alternative valuations?

Cost Analysis questions:

6.	Please clarify time period for analysis, why that time period was selected over alternatives, key assumptions in the analysis, scope of cost estimates (engineering/control only?)

7.	Please clarify “unidentified controls” (unidentified sources vs unknown control methods vs other)

8.	To assess costs to achieve attainment for each alternative NAAQS standard, does EPA intend to use an extrapolated cost approach?  Other?

9.	We discussed labels etc on the tables to make sure they clearly communicate which standard is repres

----- Forwarded by Kathy Kaufman/RTP/USEPA/US on 04/28/2008 10:33 AM -----

"King, Heidi R."<EMAIL_ADDRESS> 04/10/2008 09:50 AM

To

Kathy Kaufman/RTP/USEPA/US@EPA

cc

Subject

RE: document you requested

Great, thanks Kathy

heidi

-----Original Message-----

From<EMAIL_ADDRESS> <EMAIL_ADDRESS> Sent: Thursday, April 10, 2008 9:50 AM

To: King, Heidi R.

Cc<EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS> Subject: document you requested

Heidi, here's an additional document you'd requested (not needed for

today's meeting, though).

(See attached file: 812 Lead Analysis Appendix G.pdf)


[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Notices]
[Pages 27327-27328]
[FR Doc No: 2019-12410]

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

[FRL-9995-15-OA]

Request for Nominations of Candidates for EPA's Science Advisory
Board Economic Guidelines Review Panel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) Science
Advisory Board (SAB) Staff Office invites nominations of environmental
economists to be considered for appointment to the SAB's Economic
Guidelines Review Panel.

DATES: Nominations should be submitted in time to arrive no later than
July 3, 2019.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing
further information regarding this Notice and Request for Nominations
may contact Dr. Holly Stallworth, Designated Federal Officer (DFO), EPA
Science Advisory Board Staff Office (1400R), U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
by telephone at<PHONE_NUMBER> or at<EMAIL_ADDRESS>    General information concerning the EPA SAB can be found at the EPA
SAB website at http://www.epa.gov/sab.

SUPPLEMENTARY INFORMATION:
    Background: The SAB (42 U.S.C. 4365) is a chartered Federal
Advisory Committee that provides independent scientific and technical
peer review, advice and recommendations to the EPA Administrator on the
technical basis for EPA actions. As a Federal Advisory Committee, the
SAB conducts business in accordance with the Federal Advisory Committee
Act (FACA) (5 U.S.C. App. 2) and related regulations. The SAB Economic
Guidelines Review Panel will be an ad hoc panel of the SAB that
provides advice through the chartered SAB. It will be charged with
reviewing revised chapters of the Guidelines for Preparing Economic
Analyses by EPA's National Center for Environmental Economics (NCEE).
The EPA relies on the Guidelines for Preparing Economic Analyses when
evaluating the economic consequences of its regulations and policies
and it is critical that the Guidelines reflect the most current, peer-
reviewed and established practices in the economics profession. The
NCEE has been working to improve the Guidelines by updating and
revising selected chapters as appropriate. While most chapters will be
revised, NCEE anticipates more substantive changes in chapters
addressing the following topics: baselines and other analytic design
considerations, discounting future benefits and costs, analyzing
benefits (including health, ecosystem services valuation and benefit
transfer), analyzing costs, economic impact analysis (including
employment effects), distributional effects (including environmental
justice). The Economic Guidelines Review Panel will comply with the
provisions of FACA and all appropriate SAB Staff Office procedural
policies. The SAB Economic Guidelines Review Panel will operate under
the auspices of the SAB.
    Request For Nominations: The SAB Staff Office is seeking
nominations of environmental economists with extensive experience and
expertise estimating benefits and/or costs of environmental outcomes,
conducting and/or evaluating benefit cost analyses, and assessing
distributional effects, including economic impacts of environmental
regulation. Peer reviewed economics journal publications within the
last ten years focused on cost estimation, benefits valuation,
evaluation of benefit cost analyses or economic impact analyses is
highly desirable.
    Process and Deadline for Submitting Nominations: Any interested
person or organization may nominate qualified individuals with relevant
experience for possible service on the SAB Economic Guidelines Review
Panel identified in this notice. Nominations should be submitted in
electronic format (preferred) following the instructions for
``Nominating Experts to Advisory Panels and Ad hoc Committees Being
Formed,'' provided on the SAB website (see the ``Nomination of
Experts'' link under ``Current Activities'') at http://www.epa.gov.sab.
    To receive full consideration, EPA's SAB Staff Office requests
contact information about the person making the nomination; contact
information about the nominee; the disciplinary and specific areas of
expertise of the nominee; the nominee's resume or curriculum vitae;
sources of recent grant and/or contract support; and a biographical
sketch of the nominee indicating current position, educational
background, research activities, and recent service on other national
advisory committees or national professional organizations.
    Persons having questions about the nomination procedures, or who
are unable to submit nominations through the SAB website, should
contact Dr. Holly Stallworth as indicated above in this notice.
Nominations should be submitted in time to arrive no later than July 3,
2019. EPA values and welcomes diversity. All qualified candidates are
encouraged to apply regardless of sex, race, disability, or ethnicity.
    The EPA SAB Staff Office will acknowledge receipt of nominations.
The names and biosketches of qualified nominees identified by
respondents to this Federal Register notice, and additional experts
identified by the SAB Staff, will be posted in a List of Candidates on
the SAB website at http://www.epa.gov/sab. Public comments on the List
of Candidates will be accepted for 21 days. The public will be
requested to provide relevant information or other documentation on
nominees that the SAB Staff Office

should consider in evaluating candidates.
    For the EPA SAB Staff Office, a balanced review panel includes
candidates who possess the necessary domains of knowledge, the relevant
scientific perspectives (which, among other factors, can be influenced
by work history and affiliation), and the collective breadth of
experience. The SAB Staff Office will consider public comments on the
List of Candidates, information provided by the candidates themselves,
and background information independently gathered by the SAB Staff
Office. Selection criteria to be used for panel membership include: (a)
Scientific and/or technical expertise, knowledge, and experience
(primary factors), e.g., journal publications within the last ten years
on cost estimation/benefits valuation, evaluation of benefit cost
analyses or economic impacts of environmental regulation; (b)
availability and willingness to serve; (c) absence of financial
conflicts of interest; (d) absence of an appearance of a loss of
impartiality; and (e) skills working in panels and advisory committees;
and, (f) for the panel as a whole, diversity of expertise and
scientific points of view.
    The SAB Staff Office's evaluation of an absence of financial
conflicts of interest will include a review of the ``Confidential
Financial Disclosure Form for Special Government Employees'' (EPA Form
3110-48). This confidential form allows government officials to
determine whether there is a statutory conflict between a person's
public responsibilities (which include membership on an EPA federal
advisory committee) and private interests and activities, or the
appearance of a loss of impartiality, as defined by federal regulation.
The form may be viewed and downloaded from the following URL address
http://yosemite.epa.gov/sab/sabproduct.nsf/Web/ethics?OpenDocument.

    Dated: June 5, 2019.
Khanna Johnston,
Deputy Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2019-12410 Filed 6-11-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Notices]
[Page 65764]
[FR Doc No: 2012-26582]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2012-45]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14, Code of Federal Regulations
(CFR) part 25. The purpose of this notice is to improve the public's
awareness of, and participation in, this aspect of FAA's regulatory
activities. Neither publication of this notice nor the inclusion or
omission of information in the summary is intended to affect the legal
status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before November 19, 2012.

ADDRESSES: You may send comments identified by Docket Number FAA-2012-
0972 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: Michael Menkin, ANM-113,
Standardization Branch, Federal Aviation Administration, Transport
Airplane Directorate, 1601 Lind Ave. SW., Renton, WA 98057; email
<EMAIL_ADDRESS>425-227-2793; fax:<PHONE_NUMBER>; or Andrea
Copeland, ARM-200, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue SW.; Washington, DC 20591;
email andrea.copeland @faa.gov;<PHONE_NUMBER>.

    Issued in Washington, DC, on October 23, 2012.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2012-0972.
    Petitioner: Boeing Commercial Airplane Company.
    Section of 14 CFR Affected: Sec.  25.841(a)(2) and (a)(3) at
Amendment 87.
    Description of Relief Sought. The petitioner requests relief from
cabin decompression requirements following an uncontained engine
failure so the Model 787-9 airplanes would be able to operate above
40,000 ft altitude, where they are most efficient, thereby reducing
fuel burn and producing lower emissions.

[FR Doc. 2012-26582 Filed 10-29-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 18, 2008 (Volume 73, Number 182)]
[Notices]
[Page 54190-54193]
[DOCID:fr18se08-92]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58514; File No. SR-FINRA-2008-039]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Approving the Proposed Rule Change To Adopt
FINRA Rules 5110 (Corporate Financing Rule), 5190 (Notification
Requirements for Offering Participants) and 6470 (Withdrawal of
Quotations in an OTC Equity Security in Compliance With SEC Regulation
M) in the Consolidated FINRA Rulebook

September 11, 2008.

I. Introduction

    On July 16, 2008, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission
(``Commission'' or ``SEC''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Exchange Act'' or ``Act'') \1\ and
Rule 19b-4 thereunder,\2\ a proposal to adopt most of NASD Rule 2710
(Corporate Financing Rule) as FINRA Rule 5110 in the consolidated FINRA
rulebook, consolidating the rules in FINRA's jurisdiction relating to
Regulation M as new Rules 5190 and 6470 in the consolidated FINRA
rulebook, and make conforming changes to the rules related to
Regulation M applicable to the Alternative Display Facility (``ADF'').
This proposal was published for comment in the Federal Register on
August 11, 2008.\3\ The Commission received no comments on the
proposal. This order approves this proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 58302 (August 4, 2008),
73 FR 46657 (August 11, 2008) (SR-FINRA-2008-039).
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II. Description of the Proposed Rule Change

    As part of the process of developing the new consolidated rulebook
(``Consolidated FINRA Rulebook''),\4\ FINRA is proposing to (1) adopt
NASD Rule 2710 as FINRA Rule 5110, with the exception of paragraphs
(b)(10) and (11); (2) adopt new FINRA Rule 5190, which would house the
Regulation M-related notice requirements applicable to members
participating in securities offerings (including paragraphs (b)(10) and
(11) of NASD Rule 2710 and paragraph (a) of Incorporated NYSE Rule
392); (3) adopt new FINRA Rule 6470, which would house certain
Regulation M-related requirements that are currently in the Over-the-
counter (``OTC'') Bulletin Board (``OTCBB'') rules and would apply to
all OTC Equity Securities; \5\ and (4) make conforming amendments to
the Regulation M-related rules applicable to the ADF.
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    \4\ The current FINRA rulebook consists of two sets of rules:
(1) NASD Rules and (2) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together referred to as the ``Transitional
Rulebook''). The Incorporated NYSE Rules apply only to those members
of FINRA that are also members of the NYSE (``Dual Members''). Dual
Members also must comply with NASD Rules. For more information about
the rulebook consolidation process, see FINRA Information Notice,
March 12, 2008 (Rulebook Consolidation Process).
    \5\ NASD Rule 6610(d) defines OTC Equity Security as ``any non-
exchange-listed security and certain exchange-listed securities that
do not otherwise qualify for real-time trade reporting.''
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A. Corporate Financing Rule

    NASD Rule 2710, except paragraphs (b)(10) and (11) (which are
discussed below), regulates the underwriting terms and arrangements of
most public offerings (including shelf offerings) of securities sold
through FINRA members. NASD Rule 2710 requires members to file with
FINRA's Corporate Financing Department (the ``Corporate Financing
Department'') information regarding initial public offerings and
certain secondary offerings and to submit pertinent documentation,
including registration statements. The Corporate Financing Department
reviews this information prior to commencement of the offering to
determine whether the underwriting compensation and other terms and
arrangements meet the requirements of applicable FINRA rules. Members
are required to receive the Corporate Financing Department's opinion of
no-objections to the offering terms prior to participating in the
offering.
    FINRA proposed to adopt NASD Rule 2710 as FINRA Rule 5110 in the
Consolidated FINRA Rulebook. With the exception of the deletion of
paragraphs (b)(10) and (11) as discussed below, FINRA proposed to make
only technical non-substantive changes to Rule 2710 such as replacing
references to ``NASD'' or ``the Association'' with ``FINRA'' and
certain conforming changes to references in Rule 2710 to, e.g., the
Exchange Act, SEA Rules, the Securities Act and Securities Act Rules.

B. Regulation M-Related Requirements

    Regulation M is designed to prevent manipulation by persons with an
interest in the outcome of an offering and generally prohibits
activities and conduct that could artificially influence the market for
an offered security.\6\ In this regard, Regulation M generally
prohibits underwriters, broker-dealers, issuers and other persons
participating in a distribution from directly or indirectly bidding for
or purchasing the offered security (or inducing another person to do
so) during the ``restricted period,'' which commences on the later of
either one or five business days prior to the determination of the
offering price or such time that a person becomes a distribution
participant.\7\ For purposes of determining whether a one or five-day
or no restricted period applies under Regulation M, the SEC has adopted
a dual standard of world-wide average daily trading volume (``ADTV'')
and public float value. Regulation M also governs certain market
activities, usually undertaken by the managing underwriter or
underwriting group (i.e., stabilizing bids, syndicate covering
transactions and penalty bids) \8\ in connection with an offering and
requires that notice of such activity be provided to the relevant self-
regulatory organization or, in the case of stabilizing bids, the market
where the stabilizing bid is to be posted. Finally, Regulation M
generally prohibits any person from selling short a security that is
the subject of a public offering and purchasing the security in the
offering if such short sale was effected during the restricted period
(which, for purposes of the short sale restrictions, generally is the
five-day period prior to pricing).\9\
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    \6\ See Securities Exchange Act Release No. 38067 (December 20,
1996), 62 FR 520 (January 3, 1997).
    \7\ 17 CFR 242.100, definition of ``restricted period.''
    \8\ 17 CFR 242.100, definitions of ``stabilizing,'' ``syndicate
covering transaction,'' and ``penalty bid.''
    \9\ See Securities Exchange Act Release No. 56206 (August 6,
2007), 72 FR 45094 (August 10, 2007).
---------------------------------------------------------------------------

    As part of FINRA's program to monitor for member compliance with
Regulation M, FINRA's Market Regulation Department (the ``Market
Regulation Department'') reviews members' OTC trading and quoting
activity for prohibited purchases and/or bids during the applicable
restricted period and short sales during the five-day period prior to
pricing the offering. FINRA rules must ensure that FINRA receives
pertinent distribution-related information in a timely fashion to
facilitate this component of FINRA's Regulation M compliance program.
1. Existing FINRA Rules
    FINRA's current Regulation M-related rules comprise notice
requirements set forth in NASD Rule 2710(b)(10) and (11) and
Incorporated NYSE Rule 392

(Notification Requirements for Offerings of Listed Securities), as well
as marketplace-specific requirements in the OTCBB and ADF rules. NASD
Rule 2710(b)(10) requires members that are acting as manager (or in a
similar capacity) of a distribution of unlisted securities that are
considered a subject or reference security subject to Rule 101 of
Regulation M or an ``actively traded'' security under Rule 101 of
Regulation M to submit a request for an Underwriting Activity Report
(``UAR'') from the Market Regulation Department. The request for a UAR,
which is the mechanism by which FINRA currently receives notice of
prospective distributions, must be submitted at the time a registration
statement or similar offering document is filed with the Corporate
Financing Department, the Commission, or other regulatory agency and if
not filed with any regulatory agency, at least two business days prior
to commencement of the restricted period. Such request must include a
copy of the registration statement or similar offering document. If no
member is acting as manager, then each member that is a distribution
participant or affiliated purchaser shall submit the request for a UAR,
unless another member has assumed responsibility for compliance.
    NASD Rule 2710(b)(11) requires members that are acting as manager
(or in a similar capacity) of a distribution of securities that are
listed on a national securities exchange and considered a subject
security or reference security subject to Rule 101 of Regulation M or
an ``actively traded'' security under Rule 101 of Regulation M to
provide notice to the Market Regulation Department of the pricing of
the distribution, including the date and time of pricing, the offering
price and the time the distribution terminated. Such notice must be
provided no later than the close of business the day the offering
terminates and may be submitted on the UAR.
    Incorporated NYSE Rule 392(a) requires that Dual Members provide
notice of pricing and related information (including the restricted
period, if any, the offering price and the basis for pricing) in
connection with an offering of an NYSE-listed security. Incorporated
NYSE Rule 392(b) requires that Dual Members provide notice of syndicate
covering transactions and penalty bids and stabilizing bids in
connection with an offering of an NYSE-listed security.
    FINRA's OTCBB and ADF-related marketplace rules also include
certain Regulation M-related requirements. Any member that is a
distribution participant or affiliated purchaser in a distribution of
an OTCBB-eligible security must provide notice to the Corporate
Financing Department of its intention to impose a penalty bid or
conduct a syndicate covering transaction pursuant to Rule 104 of
Regulation M.\10\
---------------------------------------------------------------------------

    \10\ See NASD Rule 6540(d)(1)(D)(iii).
---------------------------------------------------------------------------

    In addition, members are required to withdraw their quotations in
the OTCBB (in OTCBB-eligible securities) and the ADF (in NMS stocks) to
comply with applicable restricted periods under Regulation M.
Specifically, a member that is a distribution participant or affiliated
purchaser in a distribution of an OTCBB-eligible security must withdraw
its quotations in the offered security,\11\ and provide notice to
FINRA's Operations Department prior to pricing.\12\ The member must
also provide notice to the Market Regulation Department upon the
pricing of the distribution.\13\ Additionally, members are prohibited
from entering stabilizing bids pursuant to Rule 104 of Regulation M in
the OTCBB.\14\
---------------------------------------------------------------------------

    \11\ See NASD Rule 6540(d)(1)(D)(ii).
    \12\ See NASD Rule 6540(d)(1)(D)(i).
    \13\ See NASD Rule 6540(d)(1)(D)(iv).
    \14\ See NASD Rule 6540(d)(1)(D)(ii).
---------------------------------------------------------------------------

    With respect to quotations in the ADF, FINRA's Operations
Department may grant excused withdrawal status to a Registered
Reporting ADF Market Maker, as defined in NASD Rule 4200A(a)(14), that
is a distribution participant or affiliated purchaser in a distribution
of an NMS stock in order to comply with the applicable restricted
period under Regulation M.\15\ A member acting as manager (or in a
similar capacity), or any member that is a distribution participant or
affiliated purchaser in a distribution that does not have a manager,
must notify FINRA's ADF Operations and the Market Regulation Department
of a prospective distribution and request a withdrawal of each market
maker's quotations.\16\ Members also must submit a written request to
ADF Operations and the Market Regulation Department to rescind the
market maker's excused withdrawal status and provide notice of the date
and time of the pricing of the offering, the offering price, and the
time the offering terminated.\17\
---------------------------------------------------------------------------

    \15\ See NASD Rule 4619A(f).
    \16\ See NASD Rule 4619A(f)(1).
    \17\ See NASD Rule 4619A(f)(3).
---------------------------------------------------------------------------

2. Proposed New FINRA Rule 5190
    FINRA proposed to consolidate and house all of its Regulation M-
related notice requirements in a single rule, proposed new FINRA Rule
5190 (Notification Requirements for Offering Participants). The scope
of the current rules and information required would be expanded, as
necessary, to impose consistent notice requirements relating to
distributions of listed and unlisted securities. FINRA believes that
the proposed rule change would ensure that FINRA receives from its
members pertinent distribution-related information in a timely fashion.
    Proposed Rule 5190(c) sets forth the notice requirements applicable
to distributions of listed and unlisted securities that are ``covered
securities'' subject to a restricted period under Rule 101 or 102 of
Regulation M.\18\ Specifically, proposed Rule 5190(c)(1)(A) would
require members to determine, in accordance with Regulation M, whether
a distribution is subject to a one-day or five-day restricted period
under Rule 101 of Regulation M, and provide written notice to FINRA of
the member's determination and the basis for such determination.\19\
Additionally, pursuant to proposed Rule 5190(c)(1)(A), members would be
required to include in the written notice the contemplated date and
time of commencement of the restricted period, identifying the
distribution participants and affiliated purchasers.
---------------------------------------------------------------------------

    \18\ 17 CFR 242.100, definition of ``covered securities.''
    \19\ While the proposed rule change would place the onus of
determining the applicable restricted period on the member for all
distributions, as a practical matter, FINRA represented that it
would accept notification by a member that the maximum five-day
restricted period applies to a prospective distribution, without
providing the basis for that determination. If, on the other hand, a
member were to assert that a one day or no restricted period applied
to a particular distribution, FINRA represented that it would
require that the member demonstrate the basis for that
determination.
---------------------------------------------------------------------------

    Members would be required to provide such notice no later than the
business day prior to the first complete trading session of the
applicable restricted period, unless later notification is necessary
under specific circumstances.\20\ FINRA notes that where the principal
market closes early, for example for a holiday, the shortened session
would constitute a complete

trading session for purposes of proposed Rule 5190. NASD Rule
2710(b)(10) requires that notice be provided at the time of filing the
registration statement. However, for some distributions, particularly
shelf offerings, the registration statement may be filed well in
advance of commencement of the distribution. As a result, by the time
the distribution takes place, the information previously provided by
the member could be out-of-date or the ADTV or public float levels
could have changed, in which case a different restricted period would
apply.
---------------------------------------------------------------------------

    \20\ In most instances, FINRA represented it would expect to
receive notification within the prescribed time frame, but may
permit later notification in limited circumstances. Such
determination would be made by the Market Regulation Department on a
case-by-case basis. For example, there may be instances where the
nature of the transaction has made it impossible to provide timely
notice (e.g., a private investment in public equity (``PIPE'')
offering is commenced and priced on the same day, and thus the
member could not have provided notice on the business day prior to
the first complete trading session of the applicable restricted
period). NASD Rule 4619A(f)(1), which sets forth the notice and
withdrawal of quotations requirements applicable to ADF participants
for purposes of compliance with Regulation M, similarly contemplates
later notification where necessary under the specific circumstances.
---------------------------------------------------------------------------

    The proposed rule change would eliminate the express requirement
under FINRA rules that members request a UAR and would instead permit
FINRA to prescribe the form in which notice and the required
information must be submitted to FINRA (including, as discussed above,
notice of the member's independent determination regarding whether a
restricted period applies).\21\ The proposed rule change also would
eliminate the requirement in NASD Rule 2710(b)(10) that members submit
a copy of the registration statement. FINRA represented that the Market
Regulation Department does not rely on the registration statement in
monitoring member quoting and trading activity for purposes of
Regulation M compliance. Moreover, FINRA believes that this requirement
could potentially suggest that the Regulation M-related requirements
are applicable only to registered offerings when, in fact, certain
unregistered offerings, e.g., private placements and PIPEs, are subject
to Regulation M and FINRA's notice requirements.
---------------------------------------------------------------------------

    \21\ FINRA represented that it will announce the form and method
of transmission in a Notice to be published on its Web site. For
example, such form could include the request for a UAR in connection
with distributions of Nasdaq-listed securities.
    Additionally, FINRA notes that the Market Regulation Department
monitors for purposes of compliance with Regulation M on behalf of
the Nasdaq Exchange pursuant to a Regulatory Services Agreement
(RSA). The Market Regulation Department will continue to generate
UARs on behalf of the Nasdaq Exchange under the RSA to assist firms
in determining the applicable restricted period, as well as
applicable Nasdaq passive market making limits, under Regulation M
with respect to Nasdaq-listed securities pursuant to Nasdaq Exchange
rules.
---------------------------------------------------------------------------

    Proposed Rule 5190(c)(1)(B) would require that upon pricing a
distribution that is subject to a restricted period under Rule 101 of
Regulation M, members provide written notice to FINRA and the following
information: (1) The security name and symbol; (2) the type of
security; (3) the number of shares offered; (4) the offering price; (5)
the last sale before the distribution; (6) the pricing basis (e.g., the
prior day closing price, a negotiated price, last sale, etc.); (7) the
SEC effective date and time; (8) the trade date; and (9) the restricted
period. Consistent with proposed paragraph (c)(1)(A), members also
would be required to identify the distribution participants and
affiliated purchasers.
    The notice under proposed Rule 5190(c)(1)(B) would be required to
be submitted no later than the close of business the next business day
following the pricing of the distribution, unless later notification is
necessary under specific circumstances. NASD Rule 2710(b)(11) requires
that notice of pricing be provided no later than the close of business
the day the offering terminates. However, FINRA represented that
current practice is for most members to provide immediate notice of
pricing. FINRA believes that, in addition to being consistent with
current practice, the proposed rule change would ensure that FINRA gets
timely pricing information in instances where a distribution does not
terminate for weeks or even months after pricing.
    Proposed Rule 5190(c)(1)(C) would require that members provide
written notice of the cancellation or postponement of any distribution
for which prior notice of commencement of the restricted period has
been provided to FINRA. Members would be required to provide such
notice immediately upon the cancellation or postponement of the
distribution.
    Proposed Rule 5190(c)(2) would require that any member that is an
issuer or selling security holder in a distribution of any security
that is a covered security subject to a restricted period under Rule
102 of Regulation M comply with the notice requirements of proposed
Rule 5190(c)(1), unless another member has assumed responsibility in
writing for compliance therewith. FINRA believes that the proposed
provision would ensure that FINRA receives notice of any distribution
in which a member is participating as an issuer or selling security
holder, to the extent that notice of such distribution has not already
been provided under proposed Rule 5190.
    Proposed Rule 5190(d) sets forth the notice requirements applicable
to distributions of listed and unlisted securities that are considered
``actively traded'' securities and thus are not subject to a restricted
period under Rule 101 of Regulation M.\22\ In connection with such
distributions, pursuant to proposed Rule 5190(d)(1), members would be
required to provide written notice to FINRA of the member's
determination that no restricted period applies and the basis for such
determination. Proposed Rule 5190(d)(1) would require that such notice
be provided at least one business day prior to the pricing of the
distribution, unless later notification is necessary under specific
circumstances.
---------------------------------------------------------------------------

    \22\ The rule text for Proposed Rule 5190(d)(1) states that
members must make a determination that ``no restricted period
applies under Rule 101.'' The Commission notes, however, that
although distribution participants may rely on the actively-traded
securities exception of Rule 101(c)(1) if applicable, a restricted
period would otherwise apply. For example, the actively-traded
securities exception is not available in Rule 102.
---------------------------------------------------------------------------

    Proposed Rule 5190(d)(2) would require that upon pricing a
distribution of a security that is considered ``actively traded'' under
Rule 101 of Regulation M, members provide written notice to FINRA and
the same pricing-related information that would be required under
proposed paragraph (c)(1)(B) as discussed above. Also consistent with
proposed paragraph (c)(1)(B), proposed Rule 5190(d)(2) would require
members to identify the distribution participants and affiliated
purchasers, and provide the required notice no later than the close of
business the next business day following the pricing of the
distribution, unless later notification is necessary under specific
circumstances.\23\
---------------------------------------------------------------------------

    \23\ FINRA represented that a member that is an issuer or
selling security holder in a distribution of an actively traded
security that is subject to a restricted period under Rule 102 of
Regulation M would be required to comply with the notice
requirements under proposed Rule 5190(c)(2).
---------------------------------------------------------------------------

    Under paragraphs (c)(1) and (d) of proposed Rule 5190, a member
acting as manager (or in a similar capacity) of the distribution would
have the obligation to submit the requisite notice to FINRA. However,
if no member is acting as manager (or in a similar capacity), then each
member that is a distribution participant or affiliated purchaser would
be required to provide notice to FINRA, unless another FINRA member has
assumed responsibility in writing for compliance with the notice
requirement. This is consistent with the current approach under NASD
Rule 2710(b)(10).\24\
---------------------------------------------------------------------------

    \24\ Members would be required to update the notice required
under proposed Rule 5190, as necessary (e.g., a manager would update
the notice where distribution participants are added after
commencement of the restricted period).
---------------------------------------------------------------------------

    Finally, proposed Rule 5190(e) would require members to provide
notice to FINRA of penalty bids or syndicate covering transactions in
connection with an offering of an OTC Equity Security. Members would be
required to provide notice to FINRA of their intention to conduct such
activity prior to imposing the penalty bid or engaging

in the first syndicate covering transaction, as well as other pertinent
information, such as identification of the security, its symbol, and
the date such activity will occur. In addition, members would be
required to subsequently confirm such activity within one business day
of completion, including identification of the security and its symbol,
the total number of shares and the date(s) of such activity. The
proposed provision is substantially similar to NASD Rule
6540(d)(1)(D)(iii). FINRA believes that by including these notice
requirements in proposed Rule 5190, the proposed rule change would
clarify that they apply to distributions of all OTC Equity Securities
and are not limited to distributions of OTCBB-eligible securities.
    In light of the foregoing, FINRA proposed to delete paragraphs
(b)(10) and (11) from NASD Rule 2710 and Incorporated NYSE Rule 392 in
its entirety. FINRA represented that the notice requirements of NASD
Rule 2710(b)(10) and (11) and Incorporated NYSE Rule 392(a) largely
would be incorporated in proposed Rule 5190. Because Incorporated NYSE
Rule 392(b) is specific to the NYSE marketplace, FINRA did not propose
that these requirements become part of the Consolidated FINRA Rulebook.
3. Proposed Amendments to Marketplace Rules
    FINRA also proposed to clarify the scope and application of the
Regulation M-related requirements that are in the current OTCBB and ADF
marketplace rules. FINRA proposed to adopt new FINRA Rule 6470
(Withdrawal of Quotations in an OTC Equity Security in Compliance with
SEC Regulation M), which would: (1) require a member that is a
distribution participant, affiliated purchaser, selling security holder
or issuer in a distribution of an OTC Equity Security that is a covered
security subject to Rule 101 or Rule 102 of Regulation M to withdraw
all quotations in the security during the restricted period; and (2)
prohibit the entry of stabilizing bids for the OTC Equity Security
pursuant to Rule 104 of Regulation M. FINRA represented that proposed
Rule 6470 is substantially similar to NASD Rule 6540(d)(1)(D)(ii) and
would clarify that the requirements apply not only to OTCBB-eligible
securities, but to all OTC Equity Securities quoted in any inter-dealer
quotation system (i.e., OTCBB and Pink Sheets). Thus, under the
proposed rule change, the Regulation M-related provisions would be
deleted from the OTCBB rules (specifically, paragraphs (d)(1)(D), (E)
and (F) would be deleted from NASD Rule 6540) and comparable
requirements would be housed in either proposed Rule 5190, as discussed
above, or proposed Rule 6470.
    FINRA also proposed to make certain conforming changes to the
Regulation M-related rules applicable to the ADF. Specifically, FINRA
proposed to amend NASD Rule 4619A(f) to conform to the language and
structure of proposed Rule 6470. Thus, a Registered Reporting ADF
Market Maker that is a distribution participant, affiliated purchaser,
selling security holder or issuer in a distribution of an NMS stock
that is a covered security subject to Rule 101 or 102 of Regulation M
would be required to request an excused withdrawal of its quotations in
the ADF in the offered security. FINRA believes that it is more
appropriate to impose such obligation on the member that is posting the
quotation, rather than require the manager of the distribution to do so
on behalf of each member. FINRA further proposed to amend NASD Rule
4200A, which sets forth the definitions applicable to the ADF rules, to
make technical and conforming changes such as adding necessary
references to Regulation M and deleting definitions that are currently
not used in the ADF rules.
    FINRA believes that the proposed rule change will significantly
improve the clarity of the current rules and enhance the information
FINRA receives, which will better enable FINRA to monitor member OTC
quoting and trading for purposes of Regulation M compliance.
    FINRA will announce the implementation date of the proposed rule
change in a Regulatory Notice to be published no later than 60 days
following Commission approval.

III. Discussion and Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act, and the rules
and regulations thereunder that are applicable to a national securities
association.\25\ In particular, the Commission believes that the
proposed rule change is consistent with the provisions of Section
15A(b)(6) of the Act,\26\ which requires, among other things, that
FINRA rules be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, and, in
general, to protect investors and the public interest. The Commission
believes that moving the Regulation M-related provisions of the rules
under FINRA's jurisdiction in the manner proposed will provide greater
clarity to members and aid in compliance. The Commission also notes
that it has previously approved the portions of NASD Rule 2710 to be
adopted as FINRA Rule 5110,\27\ and the proposal merely moves that
portion of Rule 2710 nearly verbatim from the NASD rulebook to the
Consolidated FINRA Rulebook. The Commission believes that this move is
primarily ministerial and only aids FINRA members in complying with
existing obligations.
---------------------------------------------------------------------------

    \25\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \26\ 15 U.S.C. 78o-3(b)(6).
    \27\ See, e.g., Securities Exchange Act Release No. 48989
(December 23, 2003), 68 FR 75684 (December 31, 2003).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\28\ that the proposed rule change (File No. SR-FINRA-2008-039) be,
and hereby is, approved.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
---------------------------------------------------------------------------

    \29\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-21760 Filed 9-17-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: December 7, 2007 (Volume 72, Number 235)]
[Notices]
[Page 69274-69276]
[DOCID:fr07de07-95]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56875; File No. SR-OCC-2007-08]

Self-Regulatory Organizations; The Options Clearing Corporation;
Order Granting Approval of a Proposed Rule Change Relating to Binary
Options

November 30, 2007.

I. Introduction

    On June 28, 2007, The Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') proposed
rule change SR-OCC-2007-08 pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'').\1\ Notice of the proposal
was published in the Federal Register on September 26, 2007.\2\ No
comment letters were received. For the reasons discussed below, the
Commission is granting approval of the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 56471 (September 19,
2007), 72 FR 54705.
---------------------------------------------------------------------------

II. Description

    The proposed rule change permits OCC to clear and settle binary
options, including fixed return options (``FROs'') to be listed and
traded by Amex \3\ and binary options on broad-based indexes proposed
to be listed and traded by CBOE.\4\ Binary options (sometimes referred
to as ``digital'' options) are all-or-nothing options that pay a fixed
amount if exercised in the money and otherwise pay nothing. Until
recently, OCC did not clear any binary options other than credit
default options (``CDOs'') traded on CBOE. The Commission recently
granted approval of proposed rule changes filed by OCC and CBOE so that
CBOE could trade and OCC could clear related products called credit
default basket options (``CDBOs'').\5\ General characteristics of
binary options, excluding features unique to CDOs and/or CDBOs that
were already described in OCC's prior rule filings, are described below
followed by an explanation of the specific rule changes now being made
by OCC.
---------------------------------------------------------------------------

    \3\ Securities Exchange Act Release No. 56251 (August 14, 2007),
72 FR 46523 (August 20, 2007) (File No. SR-Amex-2004-27).
    \4\ File No. SR-CBOE-2006-105.
    \5\ Securities Exchange Act Release Nos. 56275 (August 17,
2007), 72 FR 47097 (August 22, 2007) (File No. SR-CBOE-2007-026) and
56288 (August 20, 2007), 72 FR 49034 (August 27, 2007) (File No. SR-
OCC-2007-06).
---------------------------------------------------------------------------

    Description of Binary Options. Binary options are cash-settled
options that have only two possible payoff outcomes, either a fixed
exercise settlement amount or nothing at all. They are subject to
automatic exercise. The underlying interest of a binary option may be
one or more securities, an index of securities, or some other measure;
however, OCC presently intends to clear only binary options that are
within the definition of a ``security'' as determined by the
Commission. In its capacity as a ``derivatives clearing organization''
regulated by the Commodity Futures Trading Commission (``CFTC''), OCC
may in the future propose to clear binary options that are commodity
options subject to the jurisdiction of the CFTC.
    A binary option, other than a CDO or CDBO, is in the money and will
be automatically exercised if its underlying interest value as measured
against its exercise price is determined to meet the criteria for
automatic exercise as specified in the Exchange Rules of the listing
Exchange.\6\ For example, in the case of a ``finish high fixed return
option,'' such option will be automatically exercised and settled for a
fixed amount of cash if its underlying interest value is above its
exercise price at expiration. In the case of a ``finish low fixed
return option,'' such option will be automatically exercised and
settled for a fixed amount of cash if its underlying interest value is
below its exercise price at expiration. The rule changes in this
current filing for binary options are intended to be sufficiently
generic to be the basis for clearing binary options to be listed by
Amex and proposed to be listed by CBOE as well as other binary options
in the future.
---------------------------------------------------------------------------

    \6\ CDOs and CDBOs, on the other hand, do not have exercise
prices. A CDO or CDBO is deemed to be in the money and is
automatically exercised if a ``credit event'' occurs at any time
prior to the last day of trading.
---------------------------------------------------------------------------

    By-Law and Rule Amendments Applicable to Binary Options. In order
to provide a framework of rules that can accommodate the clearance and
settlement of various kinds of binary option products, OCC is
broadening the By-Law Article and Rule Chapter covering CDOs and CDBOs.
    (1) Terminology--Article I, Section 1 and Article XIV, Section 1
    ``Binary option'' is defined in Article XIV, Section 1 of the By-
Laws, and the definition is cross-referenced in Article I of the By-
Laws.
    The definitions of ``option contract'' and ``type of option'' in
Article I of the By-Laws is amended to include a binary option.
    OCC is redefining the term ``class'' in Article XIV, Section 1 so
that it will apply to binary options generally. To be within the same
class, binary options

other than CDOs or CDBOs must cover the same underlying interest and
have otherwise identical terms except for exercise price (if any) and
expiration date.
    The definition of ``exercise price'' in Article I is replaced with
respect to binary options with a revised definition in Article XIV,
Section 1 that will recognize that binary options will be settled by a
fixed cash payment. The exercise price of a binary option neither is an
amount that is paid in exchange for an underlying interest nor is used
to determine the exercise settlement amount as in the case of other
cash-settled options. In the case of a binary option other than a CDO
or CDBO, the exercise price of a binary option is simply a defined
value or range of values for the underlying interest. If the underlying
interest value falls within the defined range at expiration of such
binary option, the option will be automatically exercised; otherwise,
the option will expire unexercised. A CDO or CDBO is said to have no
exercise price.
    OCC is redefining the term ``underlying interest'' in Article XIV,
Section 1 so that it will apply to binary options generally. In the
case of a binary option other than a CDO or CDBO, the underlying
interest is the underlying security, securities, index, basket, or
measure whose value is compared to such option's exercise price to
determine whether the option is in the money and will be automatically
exercised. In conjunction with the revised definitions of ``exercise
price'' and ``underlying interest,'' OCC is also adding a new defined
term, ``underlying interest value,'' to Article XIV, Section 1. When
used with respect to a binary option other than a CDO or CDBO,
underlying interest value means the value or level of the unit of
trading of the underlying interest at any point in time as reported by
the reporting authority. A new definition for the term ``unit of
trading'' states ``unit of trading'' when used with respect to a binary
option means the quantity of the underlying interest on which the
underlying interest value is based and is ordinarily a single share in
the case of binary options on individual equity securities or one (1)
in the case of binary index options. The terms ``unit of trading'' and
``underlying interest value'' will not be applicable to CDOs and CDBOs.
    Other terms that were created or amended for CDOs and CDBOs are
modified to apply to binary options generally.
    (2) Terms of Cleared Contracts--Article VI, Section 10(e)
    Paragraph (e) of Article VI, Section 10 are further amended to
apply to binary options generally.
    (3) General Rights and Obligations--Article XIV, Section 2B
    Article XIV, Section 2B defines the general rights and obligations
of holders and writers of binary options other than CDOs or CDBOs. As
noted above, the holder of a binary option that is automatically
exercised will have the right to receive the fixed exercise settlement
amount from OCC, and the assigned writer will have the obligation to
pay that amount to OCC.
    (4) Adjustments of Binary Options Other Than CDOs or CDBOs--Article
XIV, Section 3A; Unavailability or Inaccuracy of Final Underlying
Interest Value--Article XIV, Section 5; Determination of Final
Underlying Interest Value--Article XIV, Section 6
    Article XIV, Section 3A describes the methods by which binary
options other than CDOs or CDBOs generally will be adjusted if
adjustments are deemed to be necessary. Special adjustment rules are
needed because of the fixed, cash-settlement feature of binary options.
For instance, under Article VI, Section 11A(d), which governs
adjustment of other equity options, if there is a stock dividend,
distribution, or split whereby a whole number of shares of the
underlying security is issued for each outstanding share, the exercise
price is proportionately reduced, and the number of option contracts is
increased by the number of shares issued with respect to each share of
the underlying security. This adjustment would be inappropriate for
binary options where the underlying interest is an equity security. For
example, an XYZ option with an exercise price of $50 would be adjusted
to become two XYZ options, each with an exercise price of $25. While
the fixed exercise settlement amount of such binary option would be
intended to remain at $100, such an adjustment would increase the total
payout upon exercise to $200. To avoid this result, Article XIV,
Section 3A(a)(4) will provide that the number of option contracts will
not proportionally increase and only the exercise price will be
adjusted. The other provisions of Article XIV, Section 3A are similar
to Article VI, Section 11A with appropriate modifications for binary
options. In order to maintain consistency with adjustment policies for
physically settled stock options where such consistency is appropriate,
certain changes in the treatment of dividends that were approved in SR-
OCC-2006-01 and were to become effective at a future date will become
effective on the same date for binary options on single stocks.
    Article XIV, Section 3A(b) will govern adjustments of binary
options for which the underlying interest is an index of equity
securities and will be similar to Article XVII, Section 3, which
governs index options, with appropriate modifications to reflect unique
features of binary options. For instance, because binary options do not
have an index multiplier, the Securities Committee will generally
adjust the exercise price of a binary option of which the underlying
interest is an index of equity securities to get the appropriate
result.
    Article XIV, Section 5, will give OCC the authority to fix the
underlying interest value for a binary option other than a CDO or CDBO
and to rely on that value for determining whether such binary option
will be exercised under circumstances similar to those in which OCC may
currently fix the exercise settlement amount for index options.
    Article XIV, Section 6 will provide, in essence, that the
underlying interest value of a series of binary options at expiration,
other than CDOs or CDBOs, will be determined by the Exchange or
Exchanges on which such series is traded subject to any overriding
provision of OCC's By-Laws and Rules. If a series of options is traded
on more than one Exchange, OCC could use the underlying interest value
received from the Exchange deemed by OCC to be the principal Exchange,
or OCC could employ a procedure to derive a single value based on some
or all of the values received.
    (5) Exercise and Settlement--Chapter XV of the Rules and Rule 801
    Binary options will not be subject to the exercise-by-exception
procedures applicable to most other options under OCC's Rules but will
instead be automatically exercised prior to or at expiration if the
specified criterion for exercise is met. The procedures for the
automatic exercise of binary options, as well as assignment and
settlement of exercises (including provisions applicable to a suspended
Clearing Member), will be set forth in Rules 1501 through 1505 of new
Chapter XV and in revised Rule 801(b).
    (6) Margin Requirements--Rule 601; Deposits in Lieu of Margin--Rule
1506
    OCC will margin binary options through its usual ``STANS'' system.
STANS has been modified to accommodate the particular binary options to
be traded by Amex and the binary index product currently proposed by
CBOE. CDOs and CDBOs will be margined as described in the applicable
rule filings cited above.

    OCC is not proposing to accept escrow deposits in lieu of clearing
margin for binary options. Therefore, Rule 1506 will state that Rule
610, which otherwise would permit such deposits, does not apply to
binary options.
    (7) Acceleration of Expiration Date--Rule 1507(d)
    This new provision will accelerate the expiration date of a binary
option other than a CDO or CDBO when OCC determines in its discretion
that the underlying interest value of such option has become fixed
prior to the expiration of the option (e.g., where the equity security
underlying a binary option has been converted by a merger into the
right to receive a fixed amount of cash). If the option is out of the
money, it will expire unexercised. Otherwise, it will be automatically
exercised.

III. Discussion

    Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of a clearing agency be designed to promote the prompt and
accurate clearance and settlement of securities transactions.\7\ After
careful review the Commission finds that the proposed rule change meets
the requirements of Section 17A(b)(3)(F) of the Act because, by
amending OCC's By-Laws so that OCC may clear and settle options on
binary options that have been approved to be listed and traded on Amex
and that have been proposed to be listed and traded on CBOE, it should
help promote the prompt and accurate clearance and settlement of such
securities transactions.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
in particular Section 17A of the Act and the rules and regulations
thereunder.\8\
---------------------------------------------------------------------------

    \8\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (File No. SR-OCC-2007-08) be and hereby
is approved.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-23768 Filed 12-6-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Notices]
[Pages 36577-36578]
[FR Doc No: 2020-13020]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-1986-000]

Day County Wind I, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced Day County
Wind I, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 1, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling

link to log on and submit the intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, 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 Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. 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_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: June 11, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-13020 Filed 6-16-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 27, 2008 (Volume 73, Number 125)]
[Notices]
[Page 36511-36512]
[DOCID:fr27jn08-47]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0102; FRL-8369-6]

Exposure Modeling Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: An Exposure Modeling Public Meeting (EMPM) will be held for
one day on July 22, 2008. This notice announces the location and time
for the meeting and sets forth the tentative agenda topics.

DATES: The meeting will be held on July 22, 2008 from 9:00 am to 4:00
pm.
    To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

ADDRESSES: The meeting will be held at Environmental Protection Agency,
Office of Pesticide Programs (OPP), One Potomac Yard (South Building),
1st Floor South Conference Room, 2777 S. Crystal Drive, Arlington, VA
22202.

FOR FURTHER INFORMATION CONTACT: Michael Barrett, Environmental Fate
and Effects Division, Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305--6391; fax number:<PHONE_NUMBER>];
e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are required
to conduct testing of chemical substances under the Toxic Substances
Control Act (TSCA), the Federal Food, Drug and Cosmetic Act (FFDCA), or
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since
other entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have nay questions regarding the applicability of this action to
a particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket ID number EPA-HQ-OPP-2008-0102.

Publicly available docket materials are available either in the
electronic docket at http://www.regulations.gov, or, if only available
in hard copy, at the Office of Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Background

    On a triannual interval, an Exposure Modeling Public Meeting will
be held for presentation and discussion of current issues in modeling
pesticide fate, transport, and exposure in support of risk assessment
in a regulatory context. Meeting dates and abstract requests are
announced through the ``empmlist'' forum on the LYRIS list server at
https://lists.epa.gov/read/all_forums/.

III. How Can I Request to Participate in this Meeting?

    You may submit a request to participate in this meeting to the
person listed under FOR FURTHER INFORMATION CONTACT. Do not submit any
information in your request that is considered CBI. Requests to
participate in the meeting, identified by docket ID number EPA-HQ-OPP-
2008-0102, must be received on or before July 14, 2008.

IV. Tentative Topics for the Meeting

    1. General Theme: Terrestrial Modeling
    2. Specific Topics:
    a. Discussion of PlantEX Model
    b. Overview of T-REX and T-HERPES
    c. TIM Model (Avian Probabilistic Model)
    d. Chloropicrin Manufacturing Task Force Presentation on Chain 2-D
Model
    e. Riparian Ecosystem Management Model (REMM) and Runoff Study to
Validate Model
    f. Fumigant Emission Physical Factors and Measures for Mitigating
Exposure Incidences

List of Subjects

    Environmental protection, Modeling, Monitoring, Pesticides, Pest.

    Dated: June 17, 2008.
Arthur Jean Williams,
Acting Director, Environmental Fate and Effects Division, Office of
Pesticide Programs.
[FR Doc. E8-14514 Filed 6-26-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: January 19, 2006 (Volume 71, Number 12)]
[Notices]
[Page 3129]
[DOCID:fr19ja06-127]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Smart Online, Inc.; Order of Suspension of
Trading

January 17, 2006.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Smart Online, Inc. (``SOLN'') because of possible manipulative conduct
occurring in the market for the company's stock.
    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 company.
    Therefore, it is ordered, pursuant to section 12(k) of the
Securities Exchange Act of 1934, that trading in the above-listed
company is suspended for the period from 9:30 a.m. EST, on January 17,
2006 through 11:59 p.m. EST, on January 30, 2006.

    By the Commission.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 06-519 Filed 1-17-06; 11:16 am]

BILLING CODE 8010-01-P


TESTING PBPK TESTING PBPK PBPK * interim APPENDIX A. Proposed Schedule for Toxicity Testing and TIER CATEGORY DESCRIPTION 3 TESTING COMBINED ACUTE INHALATION TOXICITY AND ACUTE INHALATION NEUROTOXICITY TESTING PKIMECH DATA FOR F344 RATS TESTING PBPK MODELING SIMULATIONS EPA DECISION ON PK ACCEPTABILITY SUBCHRONIC ORAL NEUROTOXICITY ROUTE TO ROUTE REPRODUCTIVE ORAL TOXICITY ROUTE TO ROUTE SUBCHRONIC ROUTE TO ROUTE reports marked by arrows PBPK Modeling Activities for ethylene dichloride*

MONTHS AFTER SIGNING OF ECA 6 9 12 18 21 24 TESTING COMPLETED/ FINAL REPORT 4 4 TESTING COMPLETED FINAL REPORT 4 MODEL FINAL REPORT 4 2 30 36 42 52 TESTING COMPLETED FINAL REPORT 4 FINAL REPORT TESTING COMPLETED FINAL REPORT 4 FINAL REPORT 4 FINAL REPORT 4 RECEIVED OPPT NCIC 2003 MAR11 5: 03PM OPPT 2003 0010 0044


[Federal Register Volume 86, Number 65 (Wednesday, April 7, 2021)]
[Proposed Rules]
[Pages 17998-18000]
[FR Doc No: 2021-07050]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0264; Project Identifier MCAI-2020-01416-T]
RIN 2120-AA64

Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain MHI RJ Aviation ULC Model CL-600-2D15 (Regional Jet Series
705) and CL-600-2D24 (Regional Jet Series 900) airplanes. This proposed
AD was prompted by a report that the lower aft outboard supporting
structure of galley 2 does not meet certification requirements for all
flight and/or emergency landing loads. This proposed AD would require
modifying the floor structure between certain fuselage stations. The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by May 24,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact MHI RJ
Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel, Qu[eacute]bec J7N 1E1
Canada; Widebody Customer Response Center North America toll-free
telephone +1-844-272-2720 or direct-dial telephone +1-514-855-8500; fax
+1-514-855-8501; email<EMAIL_ADDRESS>internet https://mhirj.com.
You may view this service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0264; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-
794-5531; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0264; Project Identifier
MCAI-2020-01416-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Andrea Jimenez, Aerospace Engineer, Airframe and Propulsion Section,
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2020-40, dated October 15,
2020, (referred to after this as the Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an unsafe condition for certain
MHI RJ Aviation ULC Model CL-600-2D15 (Regional Jet Series 705) and CL-
600-2D24 (Regional Jet Series 900) airplanes. You may examine the MCAI
in the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0264.
    This proposed AD was prompted by a report that the lower aft
outboard supporting structure of galley 2 does not meet certification
requirements for all flight and/or emergency landing loads. The FAA is
proposing this AD to address the insufficient structural safety margin
of galley 2 in case of hard landing or severe turbulence. This
condition, if not corrected, could result in injury to the occupants
and could limit access to the exit door during emergencies if the
galley is displaced or fails structurally. See the MCAI for additional
background information.

Related Service Information Under 1 CFR Part 51

    MHI RJ has issued MHI RJ Service Bulletin 670BA-53-060, Revision A,
dated September 17, 2020. This service information describes procedures
for modifying the floor structure between fuselage station (FS) 379.00
and FS 394.00 at right buttock line (RBL) 37.75. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information described previously.

Costs of Compliance

    The FAA estimates that this proposed AD affects 1 airplane of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
20 work-hours x $85 per hour = $1,700........................          $5,081           $6,781           $6,781
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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 airworthiness
directive:

MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier,
Inc.) Bombardier, Inc.: Docket No. FAA-2021-0264; Project Identifier
MCAI-2020-01416-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) action by May 24, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MHI RJ Aviation ULC (type certificate
previously held by Bombardier, Inc.) Model CL-600-2D15 (Regional Jet
Series 705) and CL-600-2D24 (Regional Jet Series 900) airplanes,
certificated in any category, having serial numbers 15057, 15063
through 15065 inclusive, 15071, 15074, 15079, 15087, 15090, 15106,
15111, 15113, 15115, and 15117.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report that the lower aft outboard
supporting structure of galley 2 does not meet certification
requirements for all flight and/or emergency landing loads. The FAA
is issuing this AD to address the insufficient structural safety
margin of galley 2 in case of hard landing or severe turbulence.
This condition, if not corrected, could result in injury to the
occupants and could limit access to the exit door during emergencies
if the galley is displaced or fails structurally.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    Within 36 months after the effective date of this AD: Modify the
floor structure between fuselage station (FS) 379.00 and FS 394.00
at right buttock line (RBL) 37.75 in accordance with paragraph 2.B.
of the Accomplishment Instructions of MHI RJ Service Bulletin 670BA-
53-060, Revision A, dated September 17, 2020.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using MHI RJ Service Bulletin 670BA-53-060, dated
August 6, 2020.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or MHI RJ
Aviation ULC's TCCA Design Approval Organization (DAO). If approved
by the DAO, the approval must include the DAO-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) TCCA AD CF-2020-40, dated October 15, 2020, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2021-0264.
    (2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact MHI
RJ Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel, Qu[eacute]bec J7N
1E1 Canada; Widebody Customer Response Center North America toll-
free telephone +1-844-272-2720 or direct-dial telephone +1-514-855-
8500; fax +1-514-855-8501; email<EMAIL_ADDRESS>internet https://mhirj.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

    Issued on March 31, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-07050 Filed 4-6-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Notices]
[Page 55845]
[FR Doc No: 2015-23318]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-2634-000]

Robison Energy (Commercial) LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Robison Energy (Commercial) LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 30, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: September 10, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-23318 Filed 9-16-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 19, 2010 (Volume 75, Number 96)]
[Notices]
[Page 27999-28000]
[DOCID:fr19my10-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-426-000]

CenterPoint Energy Gas Transmission Company; Notice of
Application

May 12, 2010.
    Take notice that on May 11, 2010, CenterPoint Energy Gas
Transmission Company (CEGT), 1111 Louisiana Street, Houston, Texas
77002, filed in the above referenced docket an application pursuant to
section 7(b) of the Natural Gas Act (NGA) and part 157 of the
Commission's regulations, requesting authorization to abandon in place
two 1,100 horsepower (HP) compressor units, fuel meter, compressor
building and associated yard and station piping located at Dunn
Junction Compressor Station in Logan County, Arkansas. CEGT states that
the Dunn Junction Compressor Station is adjacent to the Dunn Compressor
Station and yard and station piping at the Dunn Compressor Station has
been reconfigured. CEGT asserts that gas supplies can be redirected
from Dunn Junction Compressor Station to the Dunn Compressor Station,
thus making the Dunn Junction Compressor Station inactive and no longer
needed, all as more fully set forth in the application which is on file
with the Commission and open to public inspection. The filing is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC at<EMAIL_ADDRESS>or call

toll-free,<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Any questions concerning this application may be directed to
Michelle Willis, Manager, Regulatory & Compliance, CenterPoint Energy
Gas Transmission Company, P.O. Box 21734, Shreveport, Louisiana 71151,
at<PHONE_NUMBER>.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: June 2, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-11912 Filed 5-18-10; 8:45 am]
BILLING CODE 6717-01-P