[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Notices]
[Pages 68343-68347]
[FR Doc No: 2015-28023]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76300; File No. SR-C2-2015-030]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Amending Rule 6.45 Relating to Disaster Recovery

October 29, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 28, 2015, C2 Options Exchange, Incorporated (``Exchange'' or
``C2'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.45 relating to disaster
recovery. The text of the proposed rule change is available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    C2 proposes to amend Rule 6.45 relating to disaster recovery.
Specifically, C2 proposes to update Rule 6.45 to further describe C2's
back-up systems, the circumstances under which they may be used and the
testing that C2 may conduct to ensure the availability, functionality
and performance of such systems. Additionally, C2 proposes certain
updates to Rule 6.45 in response to new disaster recovery regulations
and business resumption standards recently adopted by the Securities
and Exchange Commission (``SEC'' or ``Commission'') as promulgated in
Regulation Systems Compliance and Integrity (``Regulation SCI'') under
the Securities Exchange Act of 1934 (the ``Act'').\3\
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    \3\ See Securities Exchange Act Release No. 73639 (November 19,
2014), 79 FR 72252 (December 5, 2014) (Regulation Systems Compliance
and Integrity) (File No. S7-01-13).
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Background
    C2 adopted Rule 6.45 in 2012 for the limited purpose of providing
alternative means of operation in the event C2's trading system became
inoperable or otherwise unavailable for use due to a disaster or other
unusual circumstance. In particular, Rule 6.45, as originally adopted,
was intended to allow C2 to operate a Disaster Recovery Facility
(``DRF'') to continue to trade exclusively-listed option classes until
C2's main trading system was again available.\4\ At that time, C2
intended to utilize hardware located in the Chicago Board Options
Exchange, Incorporated (``CBOE'') building in Chicago, IL for the
purposes of operating the DRF. C2's main trade engine is located on the
east coast.
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    \4\ See Securities Exchange Act Release No. 67357 (July 5 2012),
77 FR 40928 (July 11, 2012) (SR-C2-2012-011).
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    In addition to adding greater detail to C2's disaster recovery
rules in Rule 6.45, C2 proposes to make updates to Rule 6.45 to
harmonize its disaster recovery rules with the newly implemented
disaster recovery-related regulatory imperatives of Regulation SCI.
Regulation SCI supersedes and replaces the SEC's voluntary Automation
Review Policy (``ARP''), established by the Commission's two policy
statements each titled ``Automated Systems of Self-Regulatory
Organizations,'' issued in 1989 and 1991, expanding existing practices
and making them mandatory.\5\ As part of Regulation SCI, C2 is required
to maintain back-up and recovery capabilities with sufficient
resiliency and geographical diversity and that are reasonably designed
to achieve next business-day resumption of trading and two-hour
resumption of critical systems following a wide-scale disruption.\6\ C2
must also participate in at least annual testing of its business
continuity and disaster recovery plans and, to that end, develop and
adopt standards to designate which of its TPHs must participate in
testing in order to reasonably ensure the maintenance of a fair and
orderly market if C2's disaster recovery plan must be activated.\7\
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    \5\ See Securities Exchange Act Release No. 73639 (November 19,
2014), 79 FR at 72252 (December 5, 2014) (Regulation Systems
Compliance and Integrity) (File No. S7-01-13).
    \6\ 17 CFR 242.1001(a)(2)(v).
    \7\ Id. at Sec.  242.1004.
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Proposed Rule Changes
    C2 now proposes to make changes to Rule 6.45 to allow for trading
in all C2-traded option classes on a back-up data center in the event
the main trading system is unavailable. The proposed rule will no
longer be limited to exclusively-listed options traded on C2.
Furthermore, prior to the compliance date of Regulation SCI, C2 will
have separate hardware designated for the C2 back-up data center (as
opposed to using CBOE hardware).
    C2 proposes to make changes to Rule 6.45 to provide additional
details regarding C2's back-up trading systems and business continuity
and disaster recovery plans activation and testing. As discussed above,
C2 also seeks to update its disaster recovery rules to ensure
consistency with Regulation SCI.
    Current Rule 6.45 is divided into four sections, (a) through (d).
Rule 6.45(a) authorizes C2 to maintain a DRF to preserve C2's ability
to trade exclusively-listed options in the event C2's primary data
center becomes inoperable or otherwise unavailable for use. Current
Rule 6.45(b) describes the notice that must be given prior to
commencing trading on back-up data center systems. Current Rule 6.45(c)
describes the rules that would be in effect if C2 were to switch its
trading operations to the DRF. Current Rule 6.45(d) prescribes that
Trading Permit Holders (``TPH'') are required to take appropriate
actions as instructed by C2 to accommodate C2's ability to trade
options via the DRF.
    C2 proposes to make rule changes to Rule 6.45 with detail added to
each section of the current rule. Under proposed Rule 6.45(a) (General)
C2 would adopt a general statement regarding the purpose of its
disaster recovery rules, providing that C2 maintains business
continuity and disaster recovery plans that may be effected in the
interests of the continued operation of fair and orderly markets in the
event of a systems failure, disaster, or other unusual circumstances
that might threaten the ability to conduct business on C2.
    Proposed Rule 6.45(b) (Back-up Data Center) would incorporate parts
of the current Rule 6.45(a) in that it includes a statement that C2
maintains a back-up data center (replacing what was formerly referenced
as a ``Disaster Recovery Facility'' or ``DRF'') in order to preserve
C2's ability to conduct business in the event C2's primary data center
becomes inoperable or otherwise unavailable for use. Proposed Rule
6.45(b) no longer limits the C2 disaster recovery facility to
preserving C2's ability to trade exclusively-listed options. Currently
C2 does not trade exclusively-listed options. The proposed Rule would
now cover all option classes available for trading on C2. The proposed
Rule notes that disaster recovery plans may be effected to ensure the
continued operation of a fair and orderly market. C2 is removing the
reference to the trading of exclusively-listed options in favor of
``conduct business''. This proposed rule change reflects the fact that
C2 may be engaged in business activities other than just the trading of
options, including, but not limited to, the dissemination of market
data and certain regulatory functions.
    Proposed Rule 6.45(b) would add the scenario of a significant
systems failure to the list of causes that may trigger an operational
switch to C2's back-up data center. The proposed addition of
significant systems failures to the list of scenarios that may trigger
an operational switch to C2's back-up data center is intended to more
accurately reflect the realities of electronic trading environments and
contemporary threats

posed to the operation of fair and orderly markets. In addition to the
reformulation of the description of C2's back-up data center, proposed
Rule 6.45(b) would also contain subsections similar to the notice,
applicable rules, and Trading Permit Holder (``TPH'') preparations
provisions currently contained in Rules 6.45(b) through (d).
    Proposed Rule 6.45(b)(i) (Back-up Data Center Functionality), would
make clear the functional and performance standards that the back-up
data center must be reasonably designed to achieve. Specifically,
proposed Rule 6.45(b)(i) would provide that C2 maintains a back-up data
center that C2 has determined is reasonably designed to achieve prompt
resumption of systems consistent with Regulation SCI. Proposed Rule
6.45(b)(i) would also provide that nothing in the provisions of
proposed Rule 6.45(b) shall be interpreted to require C2 to develop or
maintain a back-up data center designed to fully replicate the
capacity, latency, and other features of the primary data center. This
statement attempts to make clear that in order to preserve C2's ability
to conduct business in the event C2's primary data center becomes
inoperable or otherwise unavailable for use, C2 must maintain a back-up
data center that is reasonably designed achieve resumption of systems
consistent with Regulation SCI during a significant systems failure,
disaster or other unusual circumstances, rather than replicate C2's
primary data center systems. C2 believes that the standards set forth
in proposed Rule 6.45(b)(i) are reasonable to help ensure the
maintenance of fair and orderly markets in the event of a significant
systems failure, disaster or other unusual circumstances and are
consistent with provisions in the release language of Regulation
SCI.\8\
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    \8\ See Securities Exchange Act Release No. 73639 (November 19,
2014), 79 FR at 72353 (December 5, 2014) (Regulation Systems
Compliance and Integrity) (File No. S7-01-13).
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    Proposed Rule 6.45(b)(ii) (Notice), would be similar to current
Rule 6.45(b) and provide that prior to commencing trading on the back-
up data center, C2 shall announce publicly the classes that will be
available for trading. Proposed Rule 6.45(b)(iii) (Applicable Rules)
would provide that in the event the primary data center becomes
inoperable, trading will continue using the back-up data center and all
trading rules will remain in effect. Consistent with current Rule
6.45(c), the proposed rule would also contain the provisions that all
non-trading rules of C2 shall continue to apply.
    Proposed Rule 6.45(b)(iv) (Trading Permit Holder Participation)
regarding testing of C2's back-up data center would contain provisions
similar to current Rule 6.45(d) (Trading Permit Holder Preparations),
but add subparagraphs to more clearly articulate C2's authority to
conduct testing of its back-up data center systems. Thus, similar to
current Rule 6.45(d), proposed Rule 6.45(b)(iv) would provide that TPHs
are required to take appropriate actions as instructed by C2 to
accommodate C2's ability to trade options via the back-up data center.
C2 also proposes changing the rule text in proposed Rule 6.45(b)(iv) to
provide that TPHs are required to take appropriate actions as
instructed by C2 to accommodate C2's ability to conduct business via
the back-up data center, rather than solely to accommodate C2's ability
to trade options. Under the proposed rule change, the title of current
Rule 6.45(d) (Trading Permit Holder Preparations) would also be changed
in proposed Rule 6.45(b)(iv) (Trading Permit Holder Participation) to
better describe the purpose of the rule provisions.
    Subsections (A) through (C) under proposed Rule 6.45(b)(iv) are
designed to harmonize C2's back-up data center testing rules with
certain provisions of Regulation SCI. Under proposed Rule
6.45(b)(iv)(A) (Designated BCP/DR Participants), C2 shall designate
those Trading Permit Holders that the C2 reasonably determines are,
taken as a whole, the minimum necessary for the maintenance of fair and
orderly markets in the event of the activation of the C2's business
continuity and disaster recovery plans (``Designated BCP/DR
Participants''). Designated BCP/DR Participants will include: (1) All
C2 Market-Makers and; (2) all C2 Trading Permit Holders connected to
the C2 primary data center and transacting non-Participant customer
business, unless a C2 Trading Permit Holder, other than a C2 Market-
Maker, can demonstrate ready access to the back-up data center through
another C2 Trading Permit Holder that is a designated participant. C2
has reasonably determined that a C2 TPH, other than a C2 Market-Maker,
who can demonstrate ready-access to the back-up data center through
another C2 Trading Permit Holder, that is a designated participant, is
not necessary for the maintenance of fair and orderly markets in the
event of the activation of the C2's business continuity and disaster
recovery plans. Criteria for designating BCP/DR participants will be
announced prior via Regulatory Circular. Any changes to the standards
by which a market participant might be determined to be a Designated
BCP/DR Participant would be applied prospectively with reasonable
advance notice as announced via Regulatory Circular. C2 would first
announce the criteria by which market participants would be determined
to be Designated BCP/DR Participants by November 1, 2015.
    C2 has attempted to model the provisions of proposed Rule
6.45(b)(iv)(A) based on provisions of Regulation SCI, which require C2
to establish standards for the designation of those members or
participants that C2 reasonably determines are, taken as a whole, the
minimum number of members or participants necessary for the maintenance
of fair and orderly markets in the event of the activation of its
business continuity and disaster recovery plans.\9\ Also consistent
with Regulation SCI, proposed Rule 6.45(b)(iv)(B) (Fair and Orderly
Market Conditions) would make clear that nothing in proposed Rule
6.45(b) would require C2 to assume that average levels of liquidity,
depth, or other characteristics of a usual trading session must be
present in order to achieve a fair and orderly market in the event of
the activation of C2's business continuity and disaster recovery
plans.\10\
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    \9\ See 17 CFR 242.1004(a)-(b).
    \10\ See Securities Exchange Act Release No. 73639 (November 19,
2014), 79 FR at 72353 (December 5, 2014) (Regulation Systems
Compliance and Integrity) (File No. S7-01-13).
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    Proposed Rule 6.45(b)(iv)(C) (Business Continuity and Disaster
Recovery Plans Testing), would provide that C2 shall require Designated
BCP/DR Participants and may require other market participants to
participate in scheduled business continuity and disaster recovery
plans tests in the manner and frequency prescribed by C2. Proposed Rule
6.45(b)(iv)(C) would set forth C2's authority to conduct testing of its
business continuity and disaster recovery plans and obtain assistance
from Designated BCP/DR Participants and other market participants in
conducting such tests. C2 notes that the provisions of proposed Rule
6.45(b)(iv)(C) are consistent with C2's current rules \11\ as well as
provisions of Regulation SCI pertaining to business continuity and
disaster recovery plan testing.\12\ Proposed Rule 6.45(b)(iv)(C)(1)
(Documentation and Reports), would provide that C2 may require
Designated BCP/DR Participants

and/or other market participants to provide documentation and reports
regarding tests conducted pursuant to Rule 6.45, including related data
and information, as may be requested by C2, and in the manner and
frequency prescribed by C2. Proposed Rule 6.45(b)(iv)(C)(2) (Notice),
would provide that C2 will provide reasonable prior notice of scheduled
business continuity and disaster recovery plans tests to Trading Permit
Holders, which notice shall describe the general nature of the test(s)
and identify the Trading Permit Holders required to participate and
shall be announced via Regulatory Circular.
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    \11\ See Rules 6.34 (Participant Electronic Connectivity);
6.45(d) (Trading Permit Holder Preparations).
    \12\ See 17 CFR 242.1004(a)-(b).
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2. Statutory Basis
    C2 believes the proposed rule change is consistent with the Act and
the rules and regulations thereunder applicable to C2 and, in
particular, the requirements of Section 6(b) of the Act \13\ and
Regulation SCI.\14\ Specifically, C2 believes the proposed rule change
is consistent with the Section 6(b)(5) \15\ requirements that the rules
of an exchange be designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, C2 believes the proposed rule change is consistent with
the Section 6(b)(5) \16\ requirement that the rules of an exchange not
be designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \13\ 15 U.S.C. 78f(b).
    \14\ See 17 CFR 242.1001(a) and 1004.
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ Id.
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    In particular, the proposed rule change is designed to promote C2's
ability to ensure the continued operation of a fair and orderly market
in the event of a systems failure, disaster, or other unusual
circumstances that might threaten the ability to conduct business on
C2. C2 recognizes that switching operations to the back-up data center
may occur in times of uncertainty or great volatility in the markets.
It is at these times that the investors may have the greatest need for
viable, trustworthy marketplaces. The proposed rule changes seek to
ensure that such a marketplace will exist when most needed.
Accordingly, C2 believes that the proposed rule protects investors in
the most fundamental sense by helping to ensure that a fair and orderly
market will exist at a time when such a market may be most needed.
    C2 also believes that the proposed rule change promotes just and
equitable principles of trade by adding detail and clarity to the
Rules. The proposed rule change seeks to provide additional clarity to
C2's disaster recovery rules, putting all market participants on notice
as to how C2 will function in case of significant systems disruption or
other disaster situation. C2 is continuously updating the Rules to
provide additional detail, clarity, and transparency regarding its
operations and trading systems and regulatory authority. C2 believes
that the adoption of detailed, clear, and transparent rules reduces
burdens on competition and promotes just and equitable principles of
trade. C2 also believes that adding greater detail to the Rules
regarding C2's ability to ensure the continuous operation of the market
and preserve the ability to conduct business on C2 will increase
confidence in the markets and encourage wider participation in the
markets and greater investment. Finally, C2 notes that proposed Rule
6.45 is designed to harmonize C2's disaster recovery rules with
Regulation SCI under the Act.

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

    C2 does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Rather, the proposed rule
change will help ensure that competitive markets remain operative in
the event of a systems failure or other disaster event. C2 notes that
the proposed rule change is designed to clarify C2's authority to
require market participants to participate in, and provide necessary
liquidity to ensure fair and orderly markets. C2 further notes that the
proposed rule change is designed to ensure competitive markets in that
it is designed around the mandates of Regulation SCI, which each of the
national securities exchanges is required to satisfy.

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

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

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-4(f)(6)
thereunder.\18\
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Commission deems this requirement to have been met.
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    A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii) \20\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest.
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    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. According to the Exchange, the proposed rule change does not
present any novel or substantive issues. The proposed rule change is
substantially the same as CBOE Rule 6.18,\21\ except for provisions
relating to the loss of a trading floor and the specific factors for
designating BCP/DR Participants. The Commission notes that C2 does not
have a trading floor and further, that the factors proposed by C2 are
those that C2 reasonably determined are, taken as a whole, the minimum
necessary for the maintenance of fair and orderly markets in the event
of the activation of the Exchange's business continuity and disaster
recovery plans. These factors are designed to harmonize C2's rule with
Regulation SCI. Accordingly, the

Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest as
it will allow the Exchange to incorporate changes required under
Regulation SCI, such as establishing standards for designating BCP/DR
Participants, prior to the November 3, 2015 compliance date. Therefore,
the Commission designates the proposed rule change to be operative upon
filing.\22\
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    \21\ CBOE Rule 6.18 was recently amended in CBOE-2015-088, which
was filed on October 8, 2015, and effective upon filing. See
Securities Exchange Act Release No. 76203 (October 20, 2015), 80 FR
65258 (October 26, 2015). In CBOE-2015-088, CBOE amended CBOE Rule
6.18 to further describe CBOE's back-up systems, the circumstances
under which they may be used, and the testing that CBOE may conduct
to ensure the availability, functionality and performance of such
systems, as well incorporate provisions for Regulation SCI.
    \22\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2015-030 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2015-030. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-C2-2015-030, and should be
submitted on or before November 25, 2015.
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    \23\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-28023 Filed 11-3-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Proposed Rules]
[Pages 16191-16193]
[FR Doc No: 2012-6626]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0267; Directorate Identifier 2011-NM-174-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier Inc. Model DHC-8-400 series airplanes. This proposed
AD was prompted by reports that the automatic de-icing mode became
unavailable due to a failure of the timer and monitor unit (TMU). This
proposed AD would require replacing the TMU. We are proposing this AD
to prevent loss of the automatic de-icing mode and consequent increased
workload for the flight crew, which, depending on additional failures,
could lead to loss of control of the airplane.

DATES: We must receive comments on this proposed AD by May 4, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>; fax 416-375-
4539; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0267;
Directorate Identifier 2011-NM-174-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any

personal information you provide. We will also post a report
summarizing each substantive verbal contact we receive about this
proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-34, dated August 16, 2011 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

There have been multiple reports of in-service incidents where the
automatic deicing mode became unavailable due to a failure of the
Timer and Monitor Unit (TMU).

Investigation has revealed that the failures were attributed to
overstressed capacitors installed in the circuit board of the TMU
``Module 300'' power supply. The failure of the capacitors leads to
failure of the TMU ``Module 300'' power supply and subsequent loss
of the automatic deicing mode.

This [TCCA] directive mandates the replacement of the TMU, part
number (P/N) 4100S018-06, with a new improved unit, P/N 4100S018-07.

The unsafe condition is loss of the automatic de-icing mode and
consequent increased workload for the flight crew, which, depending on
additional failures, could lead to loss of control of the airplane. You
may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier, Inc. has issued Service Bulletin 84-30-14, dated May
20, 2011. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 81 products of U.S. registry. We also estimate that
it would take about 3 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $0 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these parts.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $20,655, or $255 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2012-0267; Directorate Identifier
2011-NM-174-AD.

(a) Comments Due Date

    We must receive comments by May 4, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes, certificated in any category, serial numbers 4001 and
subsequent, equipped with Aerazur timer and monitor unit, part
number (P/N) 4100S018-06.

(d) Subject

    Air Transport Association (ATA) of America Code 30: Ice and rain
protection.

(e) Reason

    This AD was prompted by reports that the automatic de-icing mode
became unavailable due to a failure of the timer and monitor unit
(TMU). We are issuing this AD to prevent loss of the automatic de-
icing mode and consequent increased workload for the flight crew,
which, depending on additional failures, could lead to loss of
control of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Replace the TMU

    Within 3,000 flight hours or 18 months after the effective date
of this AD, whichever occurs first: Replace TMU P/N 4100S018-06 with
new TMU P/N 4100S018-07, by incorporating Bombardier ModSum 4-
126525, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 84-30-14, dated May 20, 2011.

(h) Parts Installation

    As of the effective date of this AD, no person may install a
TMU, P/N 4100S018-06, on any airplane.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone<PHONE_NUMBER>; fax 516-794-
5531. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. The AMOC approval letter must specifically
reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(j) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-34, dated
August 16, 2011; and Bombardier Service Bulletin 84-30-14, dated May
20, 2011; for related information.

    Issued in Renton, Washington, on March 7, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-6626 Filed 3-19-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 29, 2010 (Volume 75, Number 188)]
[Notices]
[Page 60112-60113]
[DOCID:fr29se10-62]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0001; FRL-8847-2]

SFIREG Full Committee; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Association of American Pesticide Control Officials
(AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG),
Environmental Quality Issues (EQI) Committee will hold a 2-day meeting,
beginning on October 27, 2010, and ending October 28, 2010. This notice
announces the location and times for the meeting and sets forth the
tentative agenda topics.

DATES: The meeting will be held on Wednesday, October 27, 2010 from
8:30 a.m. to 5 p.m. and 8:30 a.m. to 12 noon on Thursday, October 28,
2010.
    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 EPA. One Potomac Yard (South
Bldg.), 2777 Crystal Dr., Arlington VA., 4th Floor South Conference
Room.

FOR FURTHER INFORMATION CONTACT: Ron Kendall, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER> fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>or Grier Stayton, SFIREG Executive
Secretary, P.O. Box 466, Milford DE 19963; telephone number (302) 422-
8152; fax<PHONE_NUMBER>; e-mail address: Grier Stayton at aapco-
<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
interested in SFIREG information exchange relationship with EPA
regarding important issues related to human health, environmental
exposure to pesticides, and insight into EPA's decision-making process.
You are invited and encouraged to attend the meetings and participate
as appropriate. Potentially affected entities may include, but are not
limited to:

    Those persons who are or may be required to conduct testing of
chemical substances under the Federal Food, Drug and Cosmetics Act
(FFDCA), or the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA).

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-2010-0001. 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

    1. SFIREG/EQI letter re: environmental and human health benchmarks.
    2. EPA use of monitoring data vs. use of modeling outputs in
registration review process.
    3. Endangered Species--bulletins update, possible rulemaking
procedure, new biological opinions.
    4. Bed bugs: ``One State's Experience'', EPA taskforce update,
misuse of pesticide products, proposed next steps.
    5. Water quality Pesticide Regulatory Education Program (PREP)
update.
    6. Water quality PREP--National Pollution Discharge Elimination
System (NPDES) discussions.
    7. NPDES permit update--rollout, feedback and comments, EPA
responses, NPDES/FIFRA Workgroup meeting, next steps.
    8. Pesticide Of Interest Tracking System (POINTS) database--
reporting and use update.
    9. OPP and OECA updates.
    10. Office of Water updates--Drinking water strategy.
    11. Status of deleted and under-review pesticides (endosulfan,
atrazine), pyrethoids and pyrethrins reevaluation, chlorpyrifos
lawsuit, and usefulness to the states of Study Profile Templates for
pesticide registration applications?
    12. Canary software--detect intentional or unintentional
contamination in drinking water systems.

II. How can I request to participate in this meeting?

    This meeting is open for the public to attend. You may attend the
meeting without further notification. Non EPA attendees will need to be
signed in at lobby security and escorted to the fourth floor meeting
room.

List of Subjects

    Environmental protection.

    Dated: September 17, 2010.
Kevin Keaney,
Acting Director, Field and External Affairs Division, Office of
Pesticide Programs.
[FR Doc. 2010-24435 Filed 9-28-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 142 (Thursday, July 24, 2014)]
[Rules and Regulations]
[Pages 42981-42983]
[FR Doc No: 2014-17485]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0491]
RIN 1625-AA00

Safety Zone; 2014 Fireworks Displays in Northern New England

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing four temporary safety zones
within Sector Northern New England's (SNNE) Captain of the Port (COTP)
Zone for fireworks displays. When these safety zones are enforced, this
rule will restrict vessels from portions of the affected water areas.
These temporary safety zones are necessary to protect spectators and
vessels from hazards associated with fireworks displays.

DATES: This rule is effective without actual notice from July 24, 2014
until 10:30 p.m. on August 23, 2014. For purposes of enforcement,
actual notice will be used from the date the rule was signed, July 3,
2014, until July 24, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0491]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Elizabeth Gunn, U.S. Coast Guard,
Sector Northern New England, Waterways Management Division; telephone
(207) 767-0398<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The Coast Guard was not aware of the
final details for these events until there was insufficient time for
the Coast Guard to solicit public comments prior to the start of the
events. Waiting for a full comment period to run would inhibit the
Coast Guard's ability to keep vessels safe from the hazards associated
with a nighttime maritime fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for the same reasons discussed in
the preceding paragraph.

B. Basis and Purpose

    The legal basis for the temporary rule is 33 U.S.C. 1231, 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295, 116
Stat. 2064; and Department of Homeland Security Delegation No. 0170.1,
which collectively authorize the Coast Guard to define safety zones.
    Four fireworks displays will take place within the COTP zone
between the dates of July 4, 2014 and August 23, 2014. The COTP Sector
Northern New England has determined that these fireworks displays will
create hazards for the maritime public. The COTP Sector Northern New
England has further determined that safety zones are necessary to
protect spectators and vessels from such hazards.

C. Discussion of the Final Rule

    This temporary final rule will establish four safety zones, each
within a 350-yard radius of the coordinates listed in TABLE TO Sec.
165.T01-0491. TABLE TO Sec.  165.T01-0491 provides the event name and
sponsor, as well as the specific date, time, and location of each
fireworks display. Each safety zone is effective and will be enforced
during the times listed in the TABLE TO Sec.  165.T01-0491. This
temporary final rule is necessary to ensure the safety of spectators,
vessels and other property from the hazards associated with fireworks
displays.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking is not a
significant

regulatory action as the enforcement period for each safety zone will
be relatively short in duration, each occurring for only one evening.
Also, each safety zone is designed to allow vessels to transit in
waters adjacent to the safety zone, minimizing any adverse impacts on
vessel navigation. Furthermore, under certain circumstances vessels may
obtain permission to transit through each safety zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
each safety zone. However, this rule will not have a significant
economic impact on a substantial number of small entities for the same
reasons discussed in the Regulatory Planning And Review section.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section, above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of temporary safety
zones and thus, is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination will be available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T01-0491 to read as follows:

Sec.  165.T01-0491  Safety Zone; 2014 Fireworks Displays in Northern
New England.

    (a) Locations. All U.S. navigable waters within a 350 yard radius
of the coordinates listed in the table below are safety zones.
    (b) Regulations. The following regulations, along with those
located at 33 CFR 165.23, apply:
    (1) The Coast Guard may patrol each safety zone under the direction
of a designated Coast Guard Patrol Commander. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM.'' The ``official patrol vessels'' may consist of any Coast
Guard, state, or local law enforcement vessels assigned or approved by
the Captain of the Port, Sector Northern New England.
    (2) No person or vessel may enter, anchor, block, loiter, or
transit a safety zone during an enforcement period, unless authorized
by the COTP Sector Northern New England or the Patrol Commander.
    (3) Persons and vessels permitted to enter a safety zone during an
enforcement period shall follow the directions of the Patrol Commander.
When hailed or signaled by an official patrol vessel within the safety
zone, a vessel shall come to an immediate stop and comply with the
lawful directions issued. Failure to comply with such lawful directions
may result in expulsion from the safety zone, citation for failure to
comply, or both.
    (4) Vessels permitted to transit a safety zone must operate at a no
wake speed and in a manner that will not endanger participants or other
crafts in the event.
    (c) Effective and enforcement periods. Each safety zone established
by this section will be effective and enforced on the dates and at the
approximate times listed in the table below.
    (d) Notification. The Coast Guard will further notify the public of
the enforcement periods for these safety zones via the Local Notice to
Mariners, which can be viewed at: www.navcen.uscg.gov/LNM/default.htm.

                      Table to Sec.   165.T01-0491
------------------------------------------------------------------------

------------------------------------------------------------------------
                                  July
------------------------------------------------------------------------
Castine 4th of July Fireworks..........   Sponsor: Randy Sterns,
                                          Town of Castine.
                                          Date: July 4, 2014.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: In the
                                          vicinity of the Castine Town
                                          Dock in Castine, Maine at
                                          approximate position:
                                          44[deg]23'10'' N,
                                          68[deg]47'28'' W (NAD 83).
Paul Coulombe Anniversary Fireworks....   Sponsor: Paul
                                          Coulombe.
                                          Date: July 19, 2014.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: In the
                                          vicinity of Pratt Island,
                                          Maine at approximate position:
                                          43[deg]48'44'' N,
                                          069[deg]41'11'' W (NAD 83).
------------------------------------------------------------------------
                                 August
------------------------------------------------------------------------
Paul Coulombe Fireworks Show 2.........   Sponsor: Paul
                                          Coulombe.
                                          Date: August 22, 2014.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: In the
                                          vicinity of Pratt Island,
                                          Maine at approximate position:
                                          43[deg]48'44'' N,
                                          69[deg]41'11'' W (NAD 83).
Cucchiara Birthday Fireworks Display...   Sponsor: Vin
                                          Cucchiara.
                                          Date: August 23, 2014.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: In the
                                          vicinity of Bumpkin Island
                                          near Kennebunkport, Maine at
                                          approximate position:
                                          43[deg]20'52'' N,
                                          070[deg]26'49'' W (NAD 83).
------------------------------------------------------------------------

    Dated: July 3, 2014.
B.S. Gilda,
Captain, U.S. Coast Guard, Captain of the Port Sector Northern New
England.
[FR Doc. 2014-17485 Filed 7-23-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Notices]
[Pages 59336-59337]
[FR Doc No: 2014-23313]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73217; File No. SR-EDGA-2014-20]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Designation of Longer Period for Commission Action on Proposed Rule
Change Relating To Include Additional Specificity Within Rule 1.5 and
Chapter XI Regarding Current System Functionality Including the
Operation of Order Types and Order Instructions

September 25, 2014.
    On August 1, 2014, EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Rule 1.5 and Chapter XI of its rule book
to include additional specificity regarding the current functionality
of the Exchange's System,\3\ including the operation of its order types
and order instructions, and to describe certain new system
functionality. The proposed rule change was published for comment in
the Federal Register on August 18, 2014.\4\ The Commission received no
comment letters.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Exchange Rule 1.5(cc) defines ``System'' as ``the electronic
communications and trading facility designated by the Board through
which securities orders of Users are consolidated for ranking,
execution and, when applicable, routing away.''
    \4\ See Securities Exchange Act Release No. 72812 (August 11,
2014), 79 FR 48823.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether these proposed rule changes should be disapproved.
The 45th day for this filing is October 2, 2014.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time

to consider and take action on the Exchange's proposed rule change.
    Accordingly, pursuant to Section 19(b)(2)(A)(ii)(I) of the Act \6\
and for the reasons stated above, the Commission designates November
14, 2014, as the date by which the Commission should either approve or
disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-EDGA-2014-20).
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2)(A)(ii)(I).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-23313 Filed 9-30-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Page 62944]
[FR Doc No: 2016-22035]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a closed meeting on Thursday,
September 15, 2016 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the closed meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit
consideration of the scheduled matter at the closed meeting.
    Commissioner Stein, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matter of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact Brent J. Fields from
the Office of the Secretary at<PHONE_NUMBER>.

     Dated: September 8, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-22035 Filed 9-9-16; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Proposed Rules]
[Page 13077]
[FR Doc No: 2023-04147]

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

40 CFR Part 271

[EPA-R01-RCRA-2022-0864; FRL-10508-01-R1]

Vermont: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Vermont has applied to the Environmental Protection Agency
(EPA) for final authorization of revisions to its hazardous waste
program under the Resource Conservation and Recovery Act (RCRA), as
amended. The EPA proposes to grant final authorization to Vermont for
these revisions by a direct final rule, which can be found in the
``Rules and Regulations'' section of this issue of the Federal
Register. We have explained the reasons for this authorization in the
preamble to the direct final rule. Unless EPA receives written comments
that oppose this authorization during the comment period, the direct
final rule will become effective on the date it establishes, and the
EPA will not take further action on this proposed rule.

DATES: Send your written comments by April 3, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2022-0864, at https://www.regulations.gov/. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sharon Leitch, RCRA Waste Management
and Lead Branch; Land, Chemicals and Redevelopment Division; EPA Region
1, 5 Post Office Square, Suite 100 (Mail code 07-1), Boston, MA 02109-
3912; phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
this issue of the Federal Register, the EPA is authorizing the
revisions by a direct final rule. The EPA did not make a proposal prior
to the direct final rule because we believe this action is not
controversial and do not expect comments that oppose it. We have
explained the reasons for this authorization in the preamble to the
direct final rule. Unless the EPA receives adverse written comments
that oppose this authorization during the comment period, the direct
final rule will become effective on the date it establishes, and the
EPA will not take further action on this proposal. If the EPA receives
comments that oppose this action, we will withdraw the direct final
rule and it will not take effect. The EPA will then respond to public
comments in a later final rule based on this proposal. You may not have
another opportunity for comment. If you want to comment on this action,
you should do so at this time. For additional information, please see
the direct final rule published in the ``Rules and Regulations''
section of this issue of the Federal Register.

    Authority: This proposed action is issued under the authority of
Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act,
as amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: February 23, 2023.
David W. Cash,
Regional Administrator, U.S. EPA Region I.
[FR Doc. 2023-04147 Filed 3-1-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 21, 2007 (Volume 72, Number 161)]
[Notices]
[Page 46693-46694]
[DOCID:fr21au07-117]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56258; File No. SR-NYSEArca-2007-59]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Accelerated Approval of Proposed Rule Change and Amendment No.1 Thereto
Relating to Amendments to Rule 12 to Provide Guidance Regarding New and
Pending Arbitration Claims in Light of the Consolidation of NYSE
Regulation into NASD DR

 August 15, 2007.

I. Introduction

    On June 26, 2007, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change
amending NYSE Arca Rule 12. On July 13, 2007, NYSE Arca filed Amendment
No. 1 to the proposed rule change.\3\ On July 23, 2007, the Commission
published for comment the proposed rule change, as amended, in the
Federal Register.\4\ The Commission received no comments on the
proposal. This order approves the proposed rule change, as amended, on
an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, which supplemented the original filing,
the Exchange clarified the applicability of Rule 12 as it was in
effect on or prior to January 31, 2007.
    \4\ See Securities Exchange Act Release No. 556071 (July 13,
2007), 72 FR 40184 (July 23, 2007).
---------------------------------------------------------------------------

II. Description of the Proposal

    The purpose of the rule change is to provide guidance regarding
both new and pending NYSE Arca Rule 12 arbitration claims in light of
the consolidation of the member firm regulation function of NYSE
Regulation, Inc. (``NYSE Regulation'') with the National Association of
Securities Dealers, Inc. (``NASD'').\5\ On July 30, 2007,\6\ NYSE
Regulation ceased to provide an arbitration program, and its
arbitration department (``NYSE Arbitration'') was consolidated with
that of NASD Dispute Resolution, Inc. (``NASD DR''). Furthermore, NYSE
Arbitration Rules 600 through 639, and Rule 347, only apply to NYSE
arbitration cases pending prior to August 6, 2007, and, thereafter, the
NASD DR Codes of Arbitration Procedure apply to any new cases
previously subject to NYSE rules.\7\
---------------------------------------------------------------------------

    \5\ On July 26, 2007, the Commission approved a proposed rule
change filed by NASD to amend NASD's Certificate of Incorporation to
reflect its name change to Financial Industry Regulatory Authority
Inc., or FINRA, in connection with the consolidation of the member
firm regulatory functions of NASD and NYSE Regulation. See
Securities Exchange Act Release No. 56146 (July 26, 2007), 72 FR
42190 (Aug. 1, 2007) (SR-NASD-2007-053).
    \6\ The consolidation of the member firm regulatory functions
did not occur until July 30, 2007, when definitive agreements were
signed by the NYSE and NASD. Id.
    \7\ See Securities Exchange Act Release No. 56208 (Aug. 6,
2007), 72 FR 45077 (Aug. 10, 2007) (SR-NYSE-2007-48) (approval
order).
---------------------------------------------------------------------------

    Because the consolidation has already occurred, the effective date
of this rule change will be when the Commission approves this proposed
rule change (SR-NYSEArca-2007-59) (``Effective Date''). As a result, on
and after July 30, 2007, all arbitration claims filed prior to the
Effective Date, and previously subject to Rule 12 or NYSE Regulation
rules, will be administered by NASD DR \8\ pursuant to a Regulatory
Services Agreement with the New York Stock Exchange LLC (``NYSE'').
---------------------------------------------------------------------------

    \8\ NASD DR now administers NYSE Arbitration, which is governed
by NYSE Regulation Rules 600 through 639. NASD DR also administers
NYSE Arca arbitration, which is governed by Rule 12 and Arca
Equities Rule 12. NASD DR is in the process of changing its name to
FINRA DR; however, this change has not been finalized. Once this
name change is completed, NYSE and NYSE Arca anticipate amending
references to NASD in its rules from NASD to FINRA. In the meantime,
this rule reflects the current name. Telephone conversation among
James F. Duffy, General Counsel, NYSE Regulation; Lourdes Gonzalez,
Assitant Chief Counsel--Sales Practices, Commission; and Michael
Hershaft, Special Counsel, Commission (Aug. 14, 2007).
---------------------------------------------------------------------------

    The amendments to Rule 12 provide that: (i) All arbitrations filed
with NYSE Arca after January 31, 2007 and prior to the Effective Date,
shall continue to be governed by the Code of Arbitration contained in
the 600 series of the NYSE Rules; (ii) arbitrations filed on or prior
to January 31, 2007 shall continue to be governed by NYSE Arca Rule 12
as it was in effect on or prior to January 31, 2007; and (iii) from and
after the Effective Date, disputes between NYSE Arca Option Trading
Permit (``OTP'') holders and NYSE Arca OTP firms, associated persons,
and/or their customers will be arbitrated under the NASD DR Codes of
Arbitration Procedure.
    Rule 12(a) will provide detailed guidance concerning claims
involving OTP Holders and/or OTP Firms and/or associated persons that
are asserted on and after the Effective Date. First, any dispute, claim
or controversy between or among OTP Holders and/or OTP Firms and/or
associated persons shall be arbitrated pursuant to the NASD DR Codes of
Arbitration Procedure. Second, any dispute, claim or controversy
between a customer or a non-member and an OTP Holder and/or OTP Firm,
and/or associated person arising in connection with the business of
such OTP Holder and/or OTP Firm and/or in connection with the
activities of an associated person, shall be arbitrated pursuant to
NASD DR Codes of Arbitration Procedure as provided by any duly executed
and enforceable written agreement, or upon the demand of the customer
or non-member. This obligation to arbitrate shall extend only to those
matters that are permitted to be arbitrated under NASD DR Codes of
Arbitration Procedure.
    Rule 12(b) will explicitly retain NYSE Arca's enforcement authority
related to arbitration. Rule 12(c) also will provide that any OTP
Holder and/or OTP Firm, and/or associated person of any OTP Holder and/
or OTP Firm, that fails to honor an award of arbitrators rendered under
the NASD DR Codes of Arbitration Procedure, or under the auspices of
any other self-regulatory organization, shall be subject to
disciplinary proceedings in accordance with NYSE Arca Rule 10. Rule
12(d)

also will specify that the submission of any matter to arbitration as
provided for under the Rule shall in no way limit or preclude any
right, action or determination by NYSE Arca that it would otherwise be
authorized to adopt, administer or enforce.

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as amended, is consistent with the requirements of Section
6(b)(5) \9\ of the Act, which requires, among other things, that the
rules of an Exchange be designed to promote just and equitable
principles of trade and to protect investors and the public interest.
The Commission believes that the proposed rule change will streamline
the arbitration process and, after a transitional period, provide for a
unified and more efficient arbitration forum with one set of
arbitration rules and administrative procedures. This will allow
resources to be devoted to maintaining and improving the NASD DR
program, rather than splitting resources among duplicative programs.
The Commission also believes the proposed rule change will provide for
a clear and orderly transition. As a result, the proposed rule change
will better protect investors and the public interest.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(5).
    \10\ In approving the proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition and
capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    The Commission finds good cause to approve the proposed rule
change, as amended, prior to the thirtieth day after the proposal was
published for comment in the Federal Register. This approval allows the
proposed rule change to take effect without delay. Because the proposed
rule change will provide for a clear and orderly transition from NYSE
Arca arbitration to NASD DR, accelerated approval is necessary to
provide clarity to investors regarding the appropriate forums for
pending and future arbitration claims. In light of the recent
consolidation, accelerated approval of the proposed rule change also
will allow NASD DR and NYSE Regulation to ensure that their arbitration
programs are fully consolidated in a timely and efficient manner,
without any further delay or uncertainty.
    For these reasons, the Commission finds good cause, consistent with
Section 19(b)(2) of the Act, to grant accelerated approval to the
proposed rule change.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\11\ that the proposed rule change, as modified by Amendment No. 1 (SR-
NYSEArca-2007-59), be, and hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-16396 Filed 8-20-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Page 61087]
[FR Doc No: 2017-27833]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT:  82 FR 60252,
December 19, 2017.

PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING:  Thursday, December
21, 2017.

CHANGES IN THE MEETING:  The following matter will also be considered
during the 2 p.m. Closed Meeting scheduled for Thursday, December 21,
2017: Litigation matter.

CONTACT PERSON FOR MORE INFORMATION:  For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at<PHONE_NUMBER>.

    Dated: December 20, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017-27833 Filed 12-21-17; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register: November 22, 2006 (Volume 71, Number 225)]
[Notices]
[Page 67684-67685]
[DOCID:fr22no06-141]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54759; File No. SR-NYSEArca-2006-80]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change Relating to the
Procedures for Executing Complex Options Orders in Open Outcry

November 15, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 3, 2006, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Exchange has filed the
proposal as one effecting a change in an existing order-entry or
trading system pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and
Rule 19b-4(f)(5) thereunder,\4\ which renders the proposed rule change
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(5).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend NYSE Arca Rule 6.75 concerning the
procedures for executing complex options orders in open outcry. The
text of the proposed rule change is available on the Exchange's Web
site at http://www.nysearca.com, at the Exchange's Office of the

Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    NYSE Arca Rule 6.75 sets forth the priority and order allocation
procedures with respect to orders executed by open outcry. Commentary
.01 to NYSE Arca Rule 6.75 sets forth the procedures for executing
combination, spread, ratio, and straddle orders (otherwise known as
``complex orders'') in open outcry. When the Exchange introduced its
new electronic trading platform for options, the OX Trading System
(``OX''), the Exchange did not amend the open outcry procedures for
complex orders.\5\ The Exchange is providing clarifying rule amendments
to NYSE Arca Rule 6.75 and Commentary .01 to NYSE Arca Rule 6.75 so
that the procedures reflect references to the current systems on the
floor now that OX is fully implemented.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 54238 (July 28,
2006), 71 FR 44758 (August 7, 2006) (SR-NYSEArca-2006-13) (approving
establishment of OX platform).
---------------------------------------------------------------------------

    Specifically, the Exchange wishes to clarify that the ``Book''
referenced in NYSE Arca Rule 6.75(h)(4) and Commentary .01(b)-(d) to
NYSE Arca Rule 6.75 has been phased out and has been replaced by the
Consolidated Book of OX.\6\ In the past, the ``Book'' had contained
only customer limit orders and was maintained by the floor's Order Book
Official. Today, the floor utilizes the Consolidated Book of OX, and,
importantly, the Consolidated Book contains not only customer limit
orders but also broker-dealer and firm limit orders. Given this more
comprehensive representation of orders in the Consolidated Book, the
Exchange wishes to clarify how OTP Holders \7\ and OTP Firms \8\ are to
interact with the Consolidated Book when representing a complex order.
---------------------------------------------------------------------------

    \6\ See NYSE Arca Rule 6.1(b)(37). The term ``Consolidated
Book'' means the Exchange's electronic book of limit orders for the
accounts of Public Customers and broker-dealers, and Quotes with
Size. The term ``Quote with Size'' means a quotation to buy or sell
a specific number of option contracts at a specific price that a
Market Maker has entered into PCX Plus through an electronic
interface. NYSE Arca Rule 6.1(b)(33).
    \7\ See NYSE Arca Rule 1.1(q).
    \8\ See NYSE Arca Rule 1.1(r).
---------------------------------------------------------------------------

    When executing a complex order at a net debit or credit, which can
be satisfied at the electronically disseminated bids and offers of the
series involved in the order, the Floor Broker must determine if there
are customer orders in the Consolidated

Book at the best price in each series.\9\ The Floor Broker will consult
the Trading Official at the post to make the determination.\10\ The
Trading Official will check the system to see if there are customer
orders on any or all sides of the transaction and inform the broker but
will disclose neither the size of the customer order(s) nor the ranking
of the customer order(s). In the event that there is any customer order
priced at the best price in the corresponding series in the
Consolidated Book, all orders at that price, customer and non-customer,
will be deemed to have priority and will have to be satisfied prior to
executing the complex orders. For each execution of a complex order
that takes priority over non-customer bids and offers displayed in the
Consolidated Book, the Trading Official at the post shall record the
transaction by completing an Unusual Activity Report. A log of such
reports will be maintained by the Floor Surveillance Unit.
---------------------------------------------------------------------------

    \9\ See NYSE Arca Rule 6.43(a). A ``Floor Broker'' is an
individual (either an OTP Holder or OTP Firm or a nominee of an OTP
Holder or OTP Firm) who is registered with the Exchange for the
purpose, while on the Exchange Floor, of accepting and executing
option orders received from OTP Holders and OTP Firms.
    \10\ See NYSE Arca Rule 6.1(b)(34). A ``Trading Official'' is an
Exchange employee or officer, who is designated by the Chief
Executive Officer (or its designee) or by the Chief Regulatory
Officer (or its designee) of the Exchange. Trading Officials have
the ability to recommend and enforce rules and regulations relating
to trading access, order, decorum, health, safety, and welfare on
the Exchange.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
section 6(b) of the Act \11\ in general and furthers the objectives of
section 6(b)(5) \12\ in particular in that it is designed to promote
just and equitable principles of trade, to prevent fraudulent and
manipulative acts, to remove impediments to and perfect the mechanism
of a free and open market and a national market system and, in general,
to protect investors and the public interest.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

    Written comments on the proposed change were neither solicited nor
received.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to section 19(b)(3)(A)(iii) of the Act \13\ and Rule 19b-
4(f)(5) \14\ thereunder because it effects a change in an existing
order-entry or trading system of a self-regulatory organization that
(i) does not significantly affect the protection of investors or the
public interest; (ii) does not impose any significant burden on
competition; and (iii) does not have the effect of limiting the access
to or availability of the system. At any time within 60 days of the
filing of the proposed rule change, the Commission may summarily
abrogate such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 19b-4(f)(5).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NYSEArca-2006-80 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2006-80. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2006-80 and should be submitted on or before
December 13, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-19735 Filed 11-21-06; 8:45 am]

BILLING CODE 8011-01-P