[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Rules and Regulations]
[Pages 11944-11946]
[FR Doc No: 2011-4579]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30771; Amdt. No. 3415]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective March 4, 2011. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 4, 2011.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability--All SIAPs are available online free of charge. Visit
http://nfdc.faa.gov to register. Additionally, individual SIAP and
Takeoff Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment

incorporates only specific changes contained for each SIAP as modified
by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR part 97:

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on February 18, 2011.
John McGraw,
Deputy Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, part 97, 14 CFR part 97, is amended by
amending Standard Instrument Approach Procedures, effective at 0901 UTC
on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35
[Amended]
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
      AIRAC date           State              City                 Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
7-Apr-11.............  WI             Stevens Point.......  Stevens Point Muni..       0/7290       2/7/11  RNAV (GPS) RWY 3, Orig
7-Apr-11.............  IL             Chicago.............  Chicago-O'Hare Intl.       0/7506       2/7/11  ILS OR LOC RWY 9L, ILS RWY 9L (CAT II), ILS
                                                                                RWY 9L (CAT III), Orig-B
7-Apr-11.............  NE             Nebraska City.......  Nebraska City Muni..       0/8316       2/7/11  RNAV (GPS) RWY 15, Orig
7-Apr-11.............  NE             Nebraska City.......  Nebraska City Muni..       0/8318       2/7/11  RNAV (GPS) RWY 33, Orig
7-Apr-11.............  NE             Superior............  Superior Muni.......       0/9915      2/14/11  VOR/DME OR GPS A, Amdt 1
7-Apr-11.............  NC             Smithfield..........  Johnston County.....       1/1535      1/26/11  ILS OR LOC RWY 3, Amdt 1
7-Apr-11.............  SC             Aiken...............  Aiken Muni..........       1/2610       2/7/11  RNAV (GPS) RWY 7, Orig
7-Apr-11.............  PA             Lancaster...........  Lancaster...........       1/2611       2/7/11  RNAV (GPS) RWY 26, Amdt 1A
7-Apr-11.............  IL             Fairfield...........  Fairfield Muni......       1/2742       2/8/11  Takeoff Minimums and Obstacle DP, Amdt 2
7-Apr-11.............  NE             Gordon..............  Gordon Muni.........       1/2743       2/8/11  Takeoff Minimums and Obstacle DP, Amdt 2
7-Apr-11.............  ND             Minot...............  Minot Intl..........       1/2744       2/7/11  Takeoff Minimums and Obstacle DP, Amdt 3
7-Apr-11.............  TN             Memphis.............  Memphis Intl........       1/2973       2/7/11  RNAV (GPS) RWY 9, Amdt 1
7-Apr-11.............  TN             Memphis.............  Memphis Intl........       1/2974       2/7/11  RNAV (GPS) RWY 27, Amdt 1
7-Apr-11.............  NC             Asheville...........  Asheville Rgnl......       1/2976       2/8/11  ILS OR LOC RWY 34, Amdt 23G
7-Apr-11.............  FL             Boca Raton..........  Boca Raton..........       1/2977       2/7/11  RNAV (GPS) RWY 5, Orig-A
7-Apr-11.............  FL             Boca Raton..........  Boca Raton..........       1/2978       2/7/11  RNAV (GPS) RWY 23, Orig
7-Apr-11.............  LA             Lake Charles........  Lake Charles Rgnl...       1/2986       2/7/11  RADAR-1, Amdt 5B
7-Apr-11.............  TX             Kenedy..............  Karnes County.......       1/3003       2/7/11  Takeoff Minimums and Obstacle DP, Orig
7-Apr-11.............  MN             Moorhead............  Moorhead Muni.......       1/3004       2/7/11  VOR A, Amdt 1A
7-Apr-11.............  NY             Buffalo.............  Buffalo Airfield....       1/3299       2/7/11  RNAV (GPS) RWY 24, Orig
7-Apr-11.............  WV             Summersville........  Summersville........       1/3301       2/7/11  Takeoff Minimums and Obstacle DP, Amdt 3
7-Apr-11.............  OK             Oklahoma City.......  Wiley Post..........       1/3330       2/7/11  RADAR-1, Amdt 2
7-Apr-11.............  IL             Cahokia/St. Louis...  St Louis Downtown...       1/3331       2/7/11  RNAV (GPS) RWY 12R, Orig
7-Apr-11.............  IL             Cahokia/St. Louis...  St Louis Downtown...       1/3332       2/7/11  ILS OR LOC RWY 30L, Amdt 9
7-Apr-11.............  IL             Springfield.........  Abraham Lincoln            1/3334       2/7/11  RNAV (GPS) RWY 4, Orig
                                                             Capital.
7-Apr-11.............  MN             Maple Lake..........  Maple Lake Muni.....       1/3335       2/7/11  GPS RWY 28, Orig
7-Apr-11.............  TN             Memphis.............  Memphis Intl........       1/3343       2/7/11  ILS OR LOC RWY 18C, Amdt 1
7-Apr-11.............  NE             McCook..............  McCook Ben Nelson          1/3346       2/7/11  RNAV (GPS) RWY 30, Orig
                                                             Rgnl.

7-Apr-11.............  TN             Memphis.............  Memphis Intl........       1/3347       2/7/11  RNAV (GPS) RWY 36R, Amdt 1A
7-Apr-11.............  TX             Port Isabel.........  Port Isabel--Cameron       1/3406       2/7/11  VOR A, Amdt 6
                                                             County.
7-Apr-11.............  FL             Apalachicola........  Apalachicola               1/3488       2/7/11  RNAV (GPS) A, Orig
                                                             Regional.
7-Apr-11.............  FL             Fort Myers..........  Page Field..........       1/3495       2/7/11  GPS RWY 31, Orig-A
7-Apr-11.............  FL             Fort Myers..........  Page Field..........       1/3496       2/7/11  ILS RWY 5, Amdt 6E
7-Apr-11.............  FL             Fort Myers..........  Page Field..........       1/3497       2/7/11  VOR WY 13, Orig-B
7-Apr-11.............  ME             Portland............  Portland Intl              1/3506       2/7/11  RNAV (GPS) RWY 29, Amdt 1
                                                             Jetport.
7-Apr-11.............  TX             Fredericksburg......  Gillespie County....       1/3573       2/7/11  VOR/DME A, Amdt 3
7-Apr-11.............  TX             Fredericksburg......  Gillespie County....       1/3574       2/7/11  RNAV (GPS) RWY 32, Orig
7-Apr-11.............  TX             Fredericksburg......  Gillespie County....       1/3575       2/7/11  RNAV (GPS) RWY 14, Orig
7-Apr-11.............  NM             Albuquerque.........  Albuquerque Intl           1/3664       2/8/11  RNAV (GPS) RWY 35, Amdt 1
                                                             Sunport.
7-Apr-11.............  TX             Port Isabel.........  Port Isabel--Cameron       1/3668       2/8/11  VOR/DME B, Amdt 3
                                                             County.
7-Apr-11.............  CO             Aspen...............  Aspen-Pitkin Co/           1/3699       2/7/11  LOC/DME E, Amdt 1
                                                             Sardy Field.
7-Apr-11.............  CO             Aspen...............  Aspen-Pitkin Co/           1/3701       2/7/11  VOR/DME OR GPS C, Amdt 4F
                                                             Sardy Field.
7-Apr-11.............  VA             Winchester..........  Winchester Rgnl.....       1/3737       2/7/11  Takeoff Minimums and Obstacle DP, Orig
7-Apr-11.............  KY             Lexington...........  Blue Grass..........       1/3779       2/7/11  ILS OR LOC RWY 22, Amdt 20
7-Apr-11.............  DC             Washington..........  Washington Dulles          1/3789       2/7/11  ILS OR LOC/DME RWY 12, Amdt 9
                                                             Intl.
7-Apr-11.............  DC             Washington..........  Washington Dulles          1/3790       2/7/11  RNAV (GPS) Y RWY 1R, Amdt 1
                                                             Intl.
7-Apr-11.............  SC             Allendale...........  Allendale County....       1/3793       2/7/11  GPS RWY 17, Orig
7-Apr-11.............  SC             Allendale...........  Allendale County....       1/3795       2/7/11  VOR OR GPS A, Amdt 5
7-Apr-11.............  SC             Allendale...........  Allendale County....       1/3796       2/7/11  GPS RWY 35, Amdt 1
7-Apr-11.............  VA             South Boston........  William M Tuck......       1/3819       2/7/11  VOR A, Amdt 8
7-Apr-11.............  VA             South Boston........  William M Tuck......       1/3820       2/7/11  RNAV (GPS) RWY 1, Orig
7-Apr-11.............  VA             South Boston........  William M Tuck......       1/3821       2/7/11  RNAV (GPS) RWY 19, Orig
7-Apr-11.............  SC             Columbia............  Jim Hamilton L.B.          1/4017       2/8/11  GPS RWY 31, Orig
                                                             Owens.
7-Apr-11.............  NC             Shelby..............  Shelby-Cleveland           1/4095       2/7/11  NDB RWY 23, Amdt 1
                                                             County Rgnl.
7-Apr-11.............  NC             Shelby..............  Shelby-Cleveland           1/4097       2/7/11  RNAV (GPS) RWY 5, Amdt 1
                                                             County Rgnl.
7-Apr-11.............  MS             Bay St Louis........  Stennis Intl........       1/4120       2/7/11  RNAV (GPS) RWY 18, Orig-A
7-Apr-11.............  TN             Memphis.............  General DeWitt Spain       1/4170       2/7/11  VOR RWY 17, Orig-A
7-Apr-11.............  VA             Orange..............  Orange County.......       1/4171       2/7/11  GPS RWY 8, Orig-A
7-Apr-11.............  GA             Griffin.............  Griffin-Spalding           1/4172       2/7/11  NDB RWY 32, Orig-A
                                                             County.
7-Apr-11.............  TX             Midland.............  Midland Intl........       1/4195       2/7/11  RNAV (GPS) RWY 10, Amdt 1
7-Apr-11.............  NC             Rocky Mount.........  Rocky Mount--Wilson        1/4441       2/7/11  ILS OR LOC RWY 4, Amdt 16
                                                             Rgnl.
7-Apr-11.............  TN             Tullahoma...........  Tullahoma Rgnl Arpt/       1/4449       2/7/11  VOR WY 24, Orig-B
                                                             Wm Northern Field.
7-Apr-11.............  VA             Richmond............  Chesterfield County.       1/4480       2/7/11  ILS OR LOC RWY 33, Amdt 2
7-Apr-11.............  NM             Albuquerque.........  Albuquerque Intl           1/4505       2/3/11  ILS OR LOC RWY 8, Amdt 5E
                                                             Sunport.
7-Apr-11.............  TX             Fort Worth..........  Fort Worth Meacham         1/4557       2/7/11  RNAV (GPS) RWY 16, Amdt 1
                                                             Intl.
7-Apr-11.............  TX             Houston.............  Willam P Hobby......       1/4558       2/7/11  ILS OR LOC RWY 12R, Amdt 12
7-Apr-11.............  TX             Houston.............  Willam P Hobby......       1/4559       2/7/11  RNAV (GPS) RWY 22, Amdt 2
7-Apr-11.............  TN             Tullahoma...........  Tullahoma Rgnl Arpt/       1/4575       2/7/11  RNAV (GPS) RWY 24, Orig-C
                                                             Wm Northern Field.
7-Apr-11.............  TN             Tullahoma...........  Tullahoma Rgnl Arpt/       1/4576       2/7/11  RNAV (GPS) RWY 6, Orig-A
                                                             Wm Northern Field.
7-Apr-11.............  TX             Caldwell............  Caldwell Muni.......       1/6133      2/14/11  Takeoff Minimums and Obstacle DP, Orig
7-Apr-11.............  TX             Cleveland...........  Cleveland Muni......       1/6154      2/14/11  VOR A, Amdt 4B
7-Apr-11.............  TX             Cleveland...........  Cleveland Muni......       1/6283      2/14/11  GPS RWY 16, Orig-B
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2011-4579 Filed 3-3-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79912-79914]
[FR Doc No: 2022-28197]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96556; File No. SR-NYSE-2022-57]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Increase Certain Annual Listing Fee Set Forth in Section 902.03 of the
NYSE Listed Company Manual

December 21, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on December 16, 2022, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Section 902.03 of the NYSE Listed
Company Manual (the ``Manual'') to amend certain of its annual fees
charged to listed issuers. The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend certain of its annual fees charged
to listed issuers as set forth in Section 902.03 of the Manual. The
proposed changes will take effect from the beginning of the calendar
year commencing on January 1, 2023. The proposed increases in the
annual fees reflect increases in the costs the Exchange incurs in
providing services to listed companies on an ongoing basis, as well as
increases in the costs of conducting its related regulatory activities.
As described below, the Exchange proposes to make the proposed fee
increases to better reflect the Exchange's costs related to listing
equity securities and the corresponding value of such listing to
companies.
    The annual fee for each class of equity security listed on the
Exchange is equal to the greater of the minimum fee or the fee
calculated on a per share basis.
    The Exchange currently charges an annual fee of $0.00117 per share
for each of the following: a primary class of common shares (including
Equity Investment Tracking Stocks); each additional class of common
shares (including tracking stock); a primary class of preferred stock
(if no class of common shares is listed); each additional class of
preferred stock (whether primary class is common or preferred shares);
and each class of warrants or rights. The Exchange proposes to change
the per share annual fee for the foregoing classes of securities from
$0.00117 per share to $0.001215 per share.
    The current minimum annual fee for a primary class of common shares
(including Equity Investment Tracking Stocks) or a primary class of
preferred stock (if no class of common shares is listed) is $74,000.
The Exchange proposes to change this minimum annual fee from $74,000 to
$80,000.
    Notwithstanding the fact that the Exchange proposes to increase the
per share fee rate applicable to all classes of equity securities set
forth in Section 902.03, the Exchange does not propose to increase the
minimum annual fees charged for additional classes of common shares
(including tracking stocks), preferred stocks that are not the primary
listed equity security, or warrants or rights. The Exchange believes
that the benefits issuers receive in connection with those listings are
consistent with the current minimum fee levels, as those types of
listings do

not generally entitle issuers to the types of services provided in
connection with a primary common stock listing or primary preferred
stock listing and the Exchange has therefore not incurred the same
level of cost increase associated with them. In addition, their issuers
generally also have a primary common stock listing on the Exchange that
will be subject to the increased minimum annual fee of $80,000 and the
Exchange believes that this increased minimum fee is sufficient to
encompass any increases in minimum costs associated with any such
issuer.
    The revised annual fees will be applied in the same manner to all
issuers with listed securities in the affected categories and the
Exchange believes that the changes will not disproportionately affect
any specific category of issuers.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\4\ in general, and furthers the
objectives of Section 6(b)(4) \5\ of the Act, in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges. The Exchange also believes that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\6\ in that
it is designed to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that it is not unfairly discriminatory and
represents an equitable allocation of reasonable fees to amend Section
902.03 to increase the annual fees for the various categories of equity
securities as set forth above because of the increased costs incurred
by the Exchange since it established the current rates.
The Proposed Changes Are Reasonable
    The Exchange believes that the proposed changes to its annual fee
schedule are reasonable. In that regard, the Exchange notes that its
general costs to support its listed companies have increased, including
due to price inflation. The Exchange also continues to expand and
improve the services it provides to listed companies. Specifically, the
Exchange has (among other things) increased expenditure on listed
companies and the value of an NYSE listing by: making improvements to
NYSE Connect, an online service that provides listed companies with
access to in-depth information to better understand the trading of
their securities; increasing the value of products and services
available to qualified listed companies under Section 907.00 of the
Manual; \7\ and launching the NYSE Institute, whose focus includes
providing thought leadership and advocacy on behalf of listed
companies.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 94222 (February 10,
2022); 87 FR 8886 (February 16, 2022) (SR-NYSE-2021-68).
---------------------------------------------------------------------------

    The Exchange operates in a highly competitive marketplace for the
listing of the various categories of securities affected by the
proposed annual fee adjustments. The Commission has repeatedly
expressed its preference for competition over regulatory intervention
in determining prices, products, and services in the securities
markets. Specifically, in Regulation NMS,\8\ the Commission highlighted
the importance of market forces in determining prices and SRO revenues
and, also, recognized that current regulation of the market system
``has been remarkably successful in promoting market competition in its
broader forms that are most important to investors and listed
companies.'' \9\
---------------------------------------------------------------------------

    \8\ Release No. 34-51808 (June 9, 2005); 70 FR 37496 (June 29,
2005).
    \9\ See Regulation NMS, 70 FR at 37499.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges with respect to new listings and the transfer of existing
listings between competitor exchanges demonstrates that issuers can
choose different listing markets in response to fee changes.
Accordingly, competitive forces constrain exchange listing fees. Stated
otherwise, changes to exchange listing fees can have a direct effect on
the ability of an exchange to compete for new listings and retain
existing listings.
    Given this competitive environment, the adoption of the proposed
increase to the annual fees for various categories of equity securities
represents a reasonable attempt to address the Exchange's increased
costs in servicing these listings while continuing to attract and
retain listings.
    The Exchange proposes to make the aforementioned fee increases in
Section 902.03 to better reflect the value of such listing to issuers.
    Notwithstanding the fact that the Exchange proposes to increase the
per share fee rate applicable to all classes of equity securities set
forth in Section 902.03, the Exchange does not propose to increase the
minimum annual fees charged for additional classes of common shares
(including tracking stocks), preferred stocks that are not the primary
listed equity security, or warrants or rights. The Exchange believes
that the benefits issuers receive in connection with those listings are
consistent with the current minimum fee levels, as those types of
listings do not generally entitle issuers to the types of services
provided in connection with a primary common stock listing or primary
preferred stock listing and the Exchange has therefore not incurred the
same level of cost increase associated with them. In addition, their
issuers generally also have a primary common stock listing on the
Exchange that will be subject to the increased minimum annual fee of
$80,000 and the Exchange believes that this increased minimum fee is
sufficient to encompass any increases in minimum costs associated with
any such issuer.
The Proposal Is an Equitable Allocation of Fees
    The Exchange believes its proposal equitably allocates its fees
among its market participants.
    The Exchange believes that the proposed amendments to the annual
fees for equity securities are equitable because they do not change the
existing framework for such fees, but simply increase the amount of
certain of the minimum fees and per unit rates to reflect increased
operating costs. Similarly, as the fee structure remains effectively
unchanged apart from the proposed increases in the rates paid by all
issuers, the changes to annual fees for equity securities neither
target nor will they have a disparate impact on any particular category
of issuer.
The Proposal Is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory. The proposed fee changes are not unfairly
discriminatory among issuers of primary classes of common shares
(including Equity Investment Tracking Stocks) because the same
increases will apply to all such issuers. The Exchange does not propose
to increase the minimum annual fees charged for additional classes of
common shares (including tracking stocks), preferred stocks that are
not the primary listed equity security, or warrants or rights. For the
reasons described above under

the heading ``The Proposed Changes are Reasonable,'' the Exchange
believes that this is not unfairly discriminatory to the issuers of
primary classes of common shares (including Equity Investment Tracking
Stocks).
    Further, the Exchange operates in a competitive environment and its
fees are constrained by competition in the marketplace. Other venues
currently list all of the categories of securities covered by the
proposed fees and if a company believes that the Exchange's fees are
unreasonable it can decide either not to list its securities or to list
them on an alternative venue.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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. The proposed rule change is
designed to ensure that the fees charged by the Exchange accurately
reflect the services provided and benefits realized by listed
companies. The market for listing services is extremely competitive.
Each listing exchange has a different fee schedule that applies to
issuers seeking to list securities on its exchange. Issuers have the
option to list their securities on these alternative venues based on
the fees charged and the value provided by each listing. Because
issuers have a choice to list their securities on a different national
securities exchange, the Exchange does not believe that the proposed
fee changes impose a burden on competition.
    Intramarket Competition.
    The proposed amended fees will be charged to all listed issuers on
the same basis. The Exchange does not believe that the proposed amended
fees will have any meaningful effect on the competition among issuers
listed on the Exchange.
    Intermarket Competition.
    The Exchange operates in a highly competitive market in which
issuers can readily choose to list new securities on other exchanges
and transfer listings to other exchanges if they deem fee levels at
those other venues to be more favorable. Because competitors are free
to modify their own fees, and because issuers may change their chosen
listing venue, the Exchange does not believe its proposed fee change
can impose any burden on intermarket competition.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A) \10\ of the Act and paragraph (f) thereunder. 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-NYSE-2022-57 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2022-57. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2022-57 and should be submitted on
or before January 18, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

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

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-28197 Filed 12-27-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 10, 2009 (Volume 74, Number 26)]
[Notices]
[Page 6621]
[DOCID:fr10fe09-58]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-375-003]

Southern California Edison Company; Notice of Filing

February 3, 2009.
    Take notice that on January 21, 2009, Southern California Edison
Company filed additional information regarding the costs included as
Construction Work in Progress in its rate base as of February 29, 2008,
pursuant to the Commission's Order on Compliance Filing, Southern
California Edison Co., 125 FERC ] 61,337 (December 19th 2008) (December
Order).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on February 20, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-2691 Filed 2-9-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Notices]
[Pages 43815-43816]
[FR Doc No: 2014-17506]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Application for
Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of Applications for Special Permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
Subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before August 27, 2014.

Address Comments To: Record Center, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, Washington,
DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHI-I-
30, 1200 New Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.

    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on July 17, 2014.
Donald Burger,
Chief, General Approvals and Permits.

                                               New Special Permits
----------------------------------------------------------------------------------------------------------------
                        Docket                                                      Nature of special permits
   Application No.       No.            Applicant        Regulation(s) affected              thereof
----------------------------------------------------------------------------------------------------------------
16181-N.............  .........  Arc Process, Inc.,      49 CFR 178.50(e)......  To authorize the manufacture,
                                  Pflugerville, TX.                               marking, sale and use of
                                                                                certain non-DOT specification
                                                                                cylinders similar to a DOT 4B
                                                                                except for the valve
                                                                                protection ring. (modes 1, 2,
                                                                                3, 4).
16185-N.............  .........  SMI Companies, Inc.,    49 CFR 171.8..........  To authorize the manufacture,
                                  Franklin, LA.                                   marking, sale and use of a non-
                                                                                DOT specification portable
                                                                                tank with a capacity of 150
                                                                                liters similar to a UN
                                                                                Portable T20 Tank for the
                                                                                transportation of
                                                                                bromoacetone. (modes 1, 2).
16187-N.............  .........  Sandia National         49 CFR 173.222(e)(1)..  To authorize the transportation
                                  Laboratories,                                   in commerce of 70 pounds of
                                  Albuquerque, NM.                                solid lithium with an argon
                                                                                blanket in a non-DOT
                                                                                specification pressure vessel
                                                                                by motor vehicle. (mode 1).
16188-N.............  .........  UTLX Manufacturing,     49 CFR 179.100-4 and    To authorize the manufacture,
                                  LLC, Alexandria, LA.    179.100-12(b).          marking, sale and use of DOT
                                                                                120J100W and 120J200W tank
                                                                                cars for transportation of
                                                                                Class 3 flammable and
                                                                                combustible liquids. (mode 2).
16190-N.............  .........  Digital Wave            49 CFR 180.205(g).....  To authorize the transportation
                                  Corporation,                                    in commerce of certain
                                  Centennial, CO.                                 cylinders that have been
                                                                                alternatively pressure tested.
                                                                                (modes 1, 2, 3, 4, 5).
16191-N.............  .........  Solvay Fluorides LLC,   49 CFR 173.205........  To authorize the transportation
                                  Houston, TX.                                    in commerce of Iodine
                                                                                Pentafluoride in a non-DOT
                                                                                specification welded, steel
                                                                                non-bulk packaging designed
                                                                                and constructed in accordance
                                                                                with Section VIII Division 1
                                                                                of the ASME Code. (modes 1, 2,
                                                                                3).
16193-N.............  .........  CH&I Technologies,      49 CFR 180.209(a).....  To authorize the transportation
                                  Inc., Santa Paula, CA.                          in commerce of certain DOT 4BW
                                                                                cylinders that are requalified
                                                                                every 10 years instead of
                                                                                every 5 years when used
                                                                                exclusively in non-corrosive
                                                                                service. (mode 1).
16194-N.............  .........  U.S. Department of      49 CFR 171.23(a)......  To authorize the transportation
                                  Defense (DOD), Scott                            in commerce of certain
                                  AFB, IL.                                        compressed gases in non-DOT
                                                                                specification pressure
                                                                                receptacles. (modes 1, 3, 4).
16195-N.............  .........  Jaguar Instruments,     49 CFR 173.302a and     To authorize the manufacture,
                                  Inc., Houston, TX.      173.304a.               marking, sale and use of non-
                                                                                DOT specification cylinders
                                                                                made in conformance with DOT
                                                                                Specification 3E with
                                                                                exceptions, for shipment of
                                                                                certain Division 2.1 and
                                                                                Division 2.2 gases. (modes 1,
                                                                                2, 3, 4).
16198-N.............  .........  Fleischmann's Vinegar   49 CFR 172.300;         To authorize the transportation
                                  Company, Inc.,          172.400; 172.700;       in commerce of vinegar
                                  CERRITOS, CA.           174.55; 177.834;        solution in bulk without
                                                          173.30; 173.31(d).      certain hazardous
                                                                                communication requirements by
                                                                                highway and rail. (modes 1,
                                                                                2).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2014-17506 Filed 7-25-14; 8:45 am]
BILLING CODE 4909-60-P


[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Notices]
[Pages 45779-45780]
[FR Doc No: 2019-18771]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-1903]

Modernizing Pharmaceutical Quality Systems; Studying Quality
Metrics and Quality Culture; Quality Metrics Feedback Program;
Reopening of Submission Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; reopening of submission period.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is
reopening the submission period for the notice entitled ``Modernizing
Pharmaceutical Quality Systems; Studying Quality Metrics and Quality
Culture; Quality Metrics Feedback Program'' that published in the
Federal Register of June 29, 2018. The Agency is taking this action to
allow interested persons additional time to participate in the program.

DATES: FDA is reopening the submission period for the notice published
on June 29, 2018 (83 FR 30748). Submit written

requests to participate in the program by December 30, 2019 to ensure
that the Agency considers your participation in this program.

FOR FURTHER INFORMATION CONTACT: Tara Gooen Bizjak, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 6649, Silver Spring, MD 20993, 301-796-
3257<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of June 29, 2018 (83
FR 30748), FDA published a notice with a 1-year and 30-day period to
submit a request to participate in the ``Modernizing Pharmaceutical
Quality Systems; Studying Quality Metrics and Quality Culture; Quality
Metrics Feedback Program.'' FDA is reopening the submission period
until December 30, 2019. The Agency believes that an additional 120
days will allow adequate time for interested persons to participate
without compromising the program.
    To be considered for the program, a company should submit a
statement of interest for participation to<EMAIL_ADDRESS>The statement of interest should include
agreement to the selection qualities listed in 83 FR 30748 at 30749-
30750, section III.A.

    Dated: August 26, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-18771 Filed 8-29-19; 8:45 am]
 BILLING CODE 4164-01-P