[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Proposed Rules]
[Pages 26857-26861]
[FR Doc No: 2021-10353]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0369; Project Identifier 2019-SW-033-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus Helicopters Model AS350B, AS350BA, AS350B1, AS350B2,
AS350B3, AS350D, AS355E, AS355F, AS355F1, AS355F2, AS355N, and AS355NP
helicopters. This proposed AD was prompted by a report of reduced yaw
control, during an approach for landing, that resulted from rupture of
the tail rotor gearbox (TGB) actuating rod and uncoupling of the steel
sleeve from inside the external aluminum tube. This proposed AD would
require dye penetrant inspecting certain TGB actuating rods for a
crack, and depending on the inspection results, replacing the TGB
actuating rod, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference (IBR). This
proposed AD would also require marking each TGB actuating rod,
reporting information, and, for certain helicopters, ensuring the
correct interface between certain TGB actuating rods and bearings. The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by July 2,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that is proposed for IBR in this AD, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email<EMAIL_ADDRESS>internet www.easa.europa.eu. You may
find this material on the EASA website at https://ad.easa.europa.eu.
You may view this material at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0369.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0369; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Program Manager,
Large Aircraft Section, International Validation Branch, Compliance &
Airworthiness Division, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone and fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0369; Project Identifier
2019-SW-033-AD'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposal.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Kathleen Arrigotti, Program Manager, Large Aircraft Section,
International Validation Branch, Compliance & Airworthiness Division,
FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax
(206) 231-3218; email<EMAIL_ADDRESS>Any commentary that
the FAA receives that is not specifically designated as CBI will be
placed in the public docket for this rulemaking.

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0060, dated March 20, 2019
(EASA AD 2019-0060) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus Helicopters Model AS 350 B, AS 350 BA, AS 350 BB, AS 350
B1, AS 350 B2, AS 350 B3, AS 350 D, AS 355 E, AS 355 F, AS 355 F1, AS
355 F2, AS 355 N and AS 355 NP helicopters. Model AS 350 BB helicopters
are not certificated by the FAA and are not included on the U.S. type
certificate data sheet; this proposed AD therefore does not include
those helicopters in the applicability. Although EASA AD 2019-0060
applies to all helicopters identified in EASA AD 2019-0060, this
proposed AD applies to helicopters with an affected part installed
instead.
    This proposed AD was prompted by a report of reduced yaw control,
during an approach for landing of an AS 350 helicopter, that resulted
from rupture of the TGB actuating rod and uncoupling of the steel
sleeve from inside the external aluminum tube. Model AS355E, AS355F,
AS355F1, AS355F2, AS355N, and AS355NP helicopters are affected due to
design similarity of installed TGB actuating rods. The FAA is proposing
this AD to address failure of a TGB actuating rod, which could result
in loss of yaw control of the helicopter. See the MCAI for additional
background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2019-0060 describes procedures for dye penetrant inspecting
certain TGB actuating rods for a crack, and depending on the inspection
results, replacing the TGB actuating rod. EASA AD 2019-0060 also
describes procedures for marking each TGB actuating rod, reporting
information,

and for certain helicopters, ensuring the correct interface between
certain TGB actuating rods and bearings.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    These products have been approved by the aviation authority of
another country, and are approved for operation in the United States.
Pursuant to the bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD after evaluating all the
relevant information and determining the unsafe condition described
previously is likely to exist or develop in other products of these
same type designs.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0060, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2019-0060
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2019-0060 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2019-0060 that is required for compliance with EASA AD 2019-
0060 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0369 after the FAA
final rule is published.

Differences Between This Proposed AD and the MCAI

    EASA AD 2019-0060 specifies ``AS350 SB [service bulletin] No. 67.10
Revision 1'' and ``AS355 SB No. 67.09 Revision 2'' as Airbus
Helicopters (AH) service bulletins; however this proposed AD identifies
those service bulletins as Aerospatiale service bulletins.
    EASA AD 2019-0060 specifies the date for ``AS355 SB No. 67.09
Revision 2,'' as ``March 28, 1989;'' however, this proposed AD
identifies the date as ``October 1989.''

Part Marking Clarification

    Where paragraph (2) of EASA AD 2019-0060 specifies ``mark each
affected part (all rods, regardless of the status with respect to the
dye penetrant inspection),'' this proposed AD would require marking TGB
actuating rods identified in paragraphs (c)(1) through (9) of this
proposed AD regardless of their manufacturing date. The manufacturing
dates in Table 1 of EASA AD 2019-0060 are used only to indicate the
parts on which the dye penetrant inspection specified in paragraph (1)
of EASA AD 2019-0060 is done; the manufacturing dates do not impact the
parts on which the marking specified in paragraph (2) of EASA AD 2019-
006 must be done.

Interim Action

    The FAA considers this proposed AD interim action. If final action
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this proposed AD affects 950 helicopters of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                     Estimated Costs for Required Actions *
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                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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6 work-hours x $85 per hour = $510...........................              $0             $510         $484,500
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 hour per product to
comply with the proposed reporting requirement in this proposed AD. The
average labor rate is $85 per hour. Based on these figures, the FAA
estimates the cost of reporting the inspection results on U.S.
operators to be $80,750, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
helicopters that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost               Parts cost       Cost per product
------------------------------------------------------------------------
Up to 16 work-hours X $85 per             $2,590  Up to $3,950.
 hour = $1,360.
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Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid

OMB control number. The control number for the collection of
information required by this proposed AD is 2120-0056. The paperwork
cost associated with this proposed AD has been detailed in the Costs of
Compliance section of this document and includes time for reviewing
instructions, as well as completing and reviewing the collection of
information. Therefore, all reporting associated with this proposed AD
is mandatory. Comments concerning the accuracy of this burden and
suggestions for reducing the burden should be directed to Information
Collection Clearance Officer, Federal Aviation Administration, 10101
Hillwood Parkway, Fort Worth, TX 76177-1524.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

Airbus Helicopters: Docket No. FAA-2021-0369; Project Identifier
2019-SW-033-AD.

(a) Comments Due Date

    The FAA must receive comments by July 2, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model AS350B, AS350BA,
AS350B1, AS350B2, AS350B3, AS350D, AS355E, AS355F, AS355F1, AS355F2,
AS355N, and AS355NP helicopters, certificated in any category, with
a tail rotor gearbox (TGB) actuating rod identified in paragraphs
(c)(1) through (9) of this AD installed.
    (1) Part number (P/N) 350A27191000;
    (2) P/N 350A27191001;
    (3) P/N 350A27191002;
    (4) P/N 350A27191003;
    (5) P/N 350A27191004;
    (6) P/N 350A2719100401;
    (7) P/N 350A2719100402;
    (8) P/N 350A27192000; or
    (9) A TGB actuating rod with an unknown part number and serial
number.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6720, Tail Rotor
Control System.

(e) Reason

    This AD was prompted by a report of reduced yaw control, during
an approach for landing, that resulted from rupture of the TGB
actuating rod and uncoupling of the steel sleeve from inside the
external aluminum tube. The FAA is issuing this AD to address
failure of a TGB actuating rod, which could result in loss of yaw
control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2019-0060, dated March 20, 2019 (EASA AD 2019-0060).

(h) Exceptions to EASA AD 2019-0060

    (1) Where EASA AD 2019-0060 refers to January 3, 2019 (the
effective date of EASA AD 2018-0287, dated December 20, 2018), or
its effective date, this AD requires using the effective date of
this AD.
    (2) Where EASA AD 2019-0060 refers to flight hours (FH), this AD
requires using hours time-in-service.
    (3) Where paragraph (2) of EASA AD 2019-0060 specifies to mark
TGB actuating rods, replace the language in paragraph (2) of EASA AD
2019-0060 that states ``the instructions of section 3 of the
applicable ASB [alert service bulletin],'' with the applicable
language specified in paragraphs (h)(3)(i) and (ii) of this AD.
    (i) For P/N 350A2719100402 and parts not included in table 1 of
EASA AD 2019-0060: ``the instructions for `If only paragraph
3.B.2.a. was complied with' of paragraph 3.C. of the Accomplishment
Instructions of the applicable ASB.''
    (ii) For parts included in table 1 of EASA AD 2019-0060: ``the
instructions for `If paragraph 3.B.2.b. or paragraph 3.B.5. was
complied with' of paragraph 3.C. of the Accomplishment Instructions
of the applicable ASB.''
    (4) Where paragraph (2) of EASA AD 2019-0060 specifies ``mark
each affected part (all rods, regardless of the status with respect
to the dye penetrant inspection), and each TGB rod having P/N
350A2719100402,'' for this AD, mark the parts identified in
paragraphs (c)(1) through (9) of this AD.''
    (5) Where EASA AD 2019-0060 specifies ``AH [Airbus Helicopters]
AS350 SB [service bulletin] No. 67.10 Revision 1'' and ``AH AS355 SB
No. 67.09 Revision 2,'' replace the text ``AH'' with
``Aerospatiale.''
    (6) Where the ``Ref. Publications'' section of EASA AD 2019-0060
specifies the date for ``AS355 SB No. 67.09 Revision 2,'' replace
the text ``28 March 1989'' with ``October 1989.''
    (7) Although service information referenced in EASA AD 2019-0060
specifies to keep parts, this AD does not include that requirement.
    (8) Paragraph (7) of EASA AD 2019-0060 specifies to report
inspection results to Airbus Helicopters within a certain compliance
time. For this AD, report inspection results at the applicable time
specified in paragraph (h)(8)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
    (9) For the purposes of this AD, ``CW,'' which is stated in
Table 1 of EASA AD 2019-0060, is defined as calendar week.
    (10) The ``Remarks'' section of EASA AD 2019-0060 does not apply
to this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to: Manager, International Validation Branch, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>    (2) 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.

(j) Related Information

    (1) For EASA AD 2019-0060, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu. You may
view this material at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. This material may be found in the AD docket
on the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0369.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Program Manager, Large Aircraft Section, International
Validation Branch, Compliance & Airworthiness Division, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax (206) 231-
3218; email<EMAIL_ADDRESS>
    Issued on May 11, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-10353 Filed 5-17-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 1, 2009 (Volume 74, Number 61)]
[Notices]
[Page 14831-14834]
[DOCID:fr01ap09-80]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59626; File No. SR-NYSE-2009-33]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Modifying the Wireless Data Communications Initiatives and Codifying
the Wireless Policy

 March 25, 2009.
    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 March 20, 2009, the New York Stock Exchange, LLC (``NYSE'' or the
``Exchange'') 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 NYSE. NYSE has submitted
the proposed rule change pursuant to Rule 19b-4(f)(6) under the Act,\3\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to: (1) Modify its Wireless Data
Communications Initiatives (referred to herein as the ``Wireless
Policy'') to eliminate the requirement that all orders or messages
transmitted electronically from off the Floor must first be recorded in
a Floor broker's booth location on the Floor (``Floor booth'') before
being transmitted to the Floor broker's wireless hand-held device for
representation and execution; (2) modify the Wireless Policy to
eliminate the requirement that Floor booth locations print paper
records of all orders; (3) modify the interpretation of NYSE Rule 117
as it applies to what constitutes a ``written order''; and (4) codify
the Wireless Policy as amended herein.

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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections (A), (B) and (C) below,
of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to: (1) Modify its Wireless Data
Communications Initiatives (referred to herein as the ``Wireless
Policy'') \4\ to eliminate the requirement that all orders or messages
transmitted electronically from off the Floor must first be recorded in
a Floor broker's booth location on the Floor (``Floor booth'') before
being transmitted to the Floor broker's wireless hand-held device for
representation and execution; (2) modify the Wireless Policy to
eliminate the requirement that Floor booth locations print paper
records of all orders; (3) modify the interpretation of NYSE Rule 117
as it applies to what constitutes a ``written order''; and (4) codify
the Wireless Policy as amended herein.
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    \4\ See Securities Exchange Act Release No. 36156 (August 25,
1995), 60 FR 45756 (September 1, 1995) (SR-NYSE-95-22). The approval
order of the initial filing and subsequent amendment by the
Commission to changes to the Wireless Data Communications
Initiatives has historically been referred to by the NYSE as the
``Wireless Policy.'' See also Securities Exchange Act Release No.
39379 (December 1, 1997), 62 FR 64615 (December 8, 1997) (SR-NYSE-
97-17).
---------------------------------------------------------------------------

    The Exchange notes that parallel changes are proposed to be made to
the rules of the NYSE Amex Exchange (formerly the American Stock
Exchange).\5\
---------------------------------------------------------------------------

    \5\ See SR-NYSEAmex-2009-02 (to be filed on March 23, 2009).
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Background
    On August 25, 1995, the Commission approved the Exchange's
introduction of wireless data communications technology to the Floor.
One feature of the wireless technology was the use of wireless hand-
held data communications devices on the Floor. A wireless hand-held
device (``hand-

held'') is a tool used by NYSE Floor brokers as part of an integrated
Floor order management system to trade and to send and receive
messages. Such messages can consist of the price, size and time of the
orders as well as cancellations and modification of orders from the
hand-held to the Floor booth and thereafter to locations off the Floor.
The Exchange developed and installed a wireless data communications
infrastructure on its Floor and provided its Floor brokers with hand-
helds. The Exchange also allowed private vendors to offer hand-helds,
with any needed support infrastructure, to be used by Floor brokers.
    The Wireless Policy was implemented in four phases in order to
adequately install and test the viability of the wireless data
communication infrastructure and connections to private vendor hand-
helds.
    By December 1997, the Exchange had completed the second phase of
the implementation of the Wireless Policy, namely the supervision of
additional pilot testing of independent wireless data communication
services, including the services offered by the Exchange. After
entering the next phase, the Exchange amended the Wireless Policy to,
inter alia, modify the types of wireless data communications that the
Exchange would permit over the infrastructure by allowing
communications between two hand-helds on the Floor.\6\
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    \6\ See Securities Exchange Act Release No. 39379 (December 1,
1997), 62 FR 64615 (December 8, 1997) (SR-NYSE-97-17). The 1997
amendments also clarified that a vendor cannot provide wireless data
communications services to Floor members unless such member is a
member organization of the Exchange; and announced the forms of
agreement and provisions pursuant to which the Exchange would allow
vendors and member organizations to provide wireless data
communications services to members on the Floor of the Exchange in
the production roll-out environment.
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    The purpose of the 1997 amendments was to permit communication
between two hand-helds on the Floor, thereby eliminating the first step
of routing all such communications to the Floor booth. These amendments
expedited the transmittal and receipt of orders and to allow for more
efficient processing of orders and dissemination of information.
NYSE Rule 117 and the Wireless Policy
    NYSE Rule 117 (``Orders of Members to be in Writing'') states that
no member on the Floor shall make any bid, offer or transaction for or
on behalf of another member except pursuant to a written or
electronically recorded order.
    Pursuant to the Wireless Policy, the Exchange interpreted NYSE Rule
117 to mean that an order sent to an Exchange Floor member by an
authorized hand-held constituted a ``written order'' for the purposes
of NYSE Rule 117 if the member could show that the transmission of the
order: (1) Provided adequate information relating to the price, size
and time of the order, the cancellation of the order and any other
relevant order information; (2) satisfied the Exchange's audit trail
requirements; and (3) satisfied all other Exchange reporting and
record-keeping requirements.
    Furthermore, the Wireless Policy provided that all orders entered
from off the Floor were required to be transmitted to a Floor broker's
booth terminal prior to transmission to the Floor broker's hand-
held.\7\ In addition, the Wireless Policy required Floor brokers to
create and maintain a paper record at the booth to supplement the
electronic record of an order transmitted from an off-Floor location to
a booth terminal and, from the booth to a Floor broker's hand-held.\8\
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    \7\ See Securities Exchange Act Release No. 36156 (August 25,
1995), 60 FR 45756 (September 1, 1995) (SR-NYSE-95-22) at Footnote
8.
    \8\ Id. at Footnote 9.
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    Since the implementation of the Wireless Policy in 1995 and its
subsequent amendment, the Exchange has made significant technological
developments to the operation of its market. The Exchange has evolved
into a more electronic market and the NYSE's trading systems have been
continuously upgraded to provide for greater speed and efficiency in
processing orders and reports through the hand-held.
    The current electronic trading environment on the Floor has
obviated the necessity for paper orders, as well as the need to
electronically route all messages through the booth as an intermediate
step between the Floor broker's hand-held and the message's points of
origin and destination. In particular, the NYSE's systems have evolved
significantly since the Wireless Policy was first approved, and are now
capable of capturing all order information, including price, size and
time, electronically, thereby rendering paper records unnecessary. In
recognition of this, subsequent to the implementation of the Wireless
policy, the Exchange amended NYSE Rule 123 (Record of Orders) to add
sections (e) (System Entry Required) and (f) (Reports of Order
Executions).\9\ These amendments required the entry of order
information and execution reports into an electronic system on the
Floor. All NYSE broker trading systems operate to create an electronic
order trail, making the creation of a supplemental paper audit trail
obsolete.\10\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 43689 (December 7,
2000), 65 FR 79145 (December 18, 2000) (SR-NYSE-98-25).
    \10\ Additionally, the NYSE has adopted NYSE Rule 132A
(Synchronization of Member Business Clocks) and NYSE 132B (Order
Tracking Requirements). These rules require that members and member
organizations create and maintain electronic records of orders
originated, received, and transmitted to a market center for
execution. These Rules, in conjunction with the amendments to NYSE
Rule 123 which requires system entry on the Floor, create an
electronic record of orders, transmittals, and executions.
---------------------------------------------------------------------------

Proposed Modifications to the Wireless Policy and Interpretation of
NYSE Rule 117
    The Exchange now proposes to amend the Wireless Policy and the
interpretation of NYSE Rule 117, to provide that wireless
communications can be sent and received directly to and from the hand-
held. For example, orders entered from off the Floor may be transmitted
directly to a hand-held, bypassing the booth.\11\ Likewise, Floor
brokers may send order-related messages (e.g., cancellations and
administrative messages) and information (e.g., Market Look data) back
to the customer directly through the hand-held. The Exchange seeks to
modify its Wireless Policy to eliminate the requirement that orders be
routed to the booth terminal before being received by the hand-held.
Order-related messages or information sent from the hand-held would
also not be routed to the booth terminal before being transmitted off-
Floor. Pursuant to the instant proposal, orders and order-related
messages or information may be sent directly to and received by the
hand-held. These proposed amendments to the Wireless Policy do not
change the content of what is sent currently to and from the hand-helds
but simply amends the procedure for transmitting such information to
and from the hand-held.
---------------------------------------------------------------------------

    \11\ In 2007, the NYSE amended NYSE Rule 54 and other rules to
permit appropriately registered and supervised employees working in
Exchange Regulation-approved booths to process orders sent to the
booth in the same manner that sales traders in an ``upstairs''
office are allowed to process orders. See Securities Exchange Act
Release No. 55908 (June 14, 2007), 72 FR 34056 (June 20, 2007) (SR-
NYSE-07-51). See also Exchange Information Memo 07-77. This
amendment to the Wireless Policy would not impact those rules
because the direct transmittal of an order from off the Floor to the
handheld would constitute a determination to have the order
represented and executed on the NYSE Floor, and not processed in the
booth in the same manner as an ``upstairs'' trading desk.
---------------------------------------------------------------------------

    Pursuant to the proposed new Wireless Policy, where: (1) Orders are
transmitted electronically from a member's off-Floor location to a
booth

terminal and then the order is retransmitted from the booth terminal to
a member's hand-held; or (2) order-related messages or information are
transmitted directly to the hand-held, bypassing the booth, a record
must be established and maintained which reflects the time the order or
order-related message or information was received by the booth terminal
or the hand-held. The time of receipt will be captured by the Booth or
the hand-held, depending upon where the order was routed. The record of
time of receipt by a hand-held and [sic] will be established and
maintained by such device or the Booth and by the server which receives
a message acknowledgment from the hand-held or the Booth. The Booth
will not be required to print records.
    Orders sent from off-Floor to the booth or the hand-held are first
sent through a secured network and routed to an NYSE wired database
that captures and records the orders. Likewise, order related messages
or information generated from the Floor broker's booth or hand-helds
are transmitted back to the Exchange-wired databases via the secured
wireless network, where the information is captured and recorded, and
then sent off-Floor to the customer via the Exchanges secured network.
In short, Exchange wired databases capture and record all of the
information sent to and transmitted from the hand-held.
    The Exchange notes that the transmission of orders from off-Floor
locations directly to the hand-helds and order-related messages or
information sent from hand-helds to off-Floor locations will not result
in an increased risk of loss of order information. As is the case
today, all orders and order-related messages or information will be
recorded in an Exchange database upon receipt and prior to delivery to
the hand-held. In the event that a hand-held loses connectivity with
the database, all incoming and outgoing transactions will continue to
be captured and stored in said database and will be re-transmitted to
the hand-held once connectivity is restored. To further mitigate the
risk of any loss of data, the NYSE infrastructure offers a fully
redundant, dual-sited back-up database. This same infrastructure is
currently in place today for orders received into NYSE systems destined
for a booth. Therefore, all the information captured by the database is
the identical information that would be captured had the order been
sent to the Floor booth before being sent to the hand-held or the
order-related message or information had been sent from the hand-held
to the Floor booth. The informational content transmitted to and from
the hand-held remains the same and is not affected by these proposed
amendments.
    Furthermore, this change will not impact the requirements for the
system entry of orders and execution reports under NYSE Rules 123(e)
and (f). All order, order messages and report information captured by
the database will be provided electronically in the same manner as
orders transmitted directly to a booth today for audit trail purposes.
The wireless infrastructure captures the same information that was
previously captured in the Floor booth. The hand-held will operate as
the functional equivalent as the Floor booth premise for order receipt
and retention purposes.
    Removing the requirement that orders be transmitted to the Floor
booth will not affect the adequacy of information that is required to
be provided through the hand-held. In fact, the hand-held will continue
to provide the requisite information as to price, size and time of the
order, and information if the order is cancelled. Audit trail
information will be captured electronically by the hand-held, thereby
obviating the need for the transmission to the booth terminal which
historically recorded this information.
    NYSE Rule 117 will now be interpreted to recognize any order
transmitted directly to the hand-held to constitute a written order
since the requisite information as to price, size and time of the
order, and information if the order is cancelled will be captured by
the hand-held. Furthermore, the information directly sent to the hand-
held satisfies the Exchange's audit trail requirements and all other
Exchange reporting and record-keeping requirements.
    The Exchange believes that this proposal will provide for a more
efficient and expeditious mechanism for order execution. The Exchange
further believes that its customers and market participants will
benefit from faster order execution, enhanced market quality and a
reduction in latency of order executions as a result of this proposal.
2. Statutory Basis
    The basis under the Act for the proposed rule change is the
requirement under Section 6(b)(5),\12\ which requires that an exchange
have rules that are designed to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. The proposed rule change is
consistent with these objectives in that it enables the Exchange to
further facilitate transactions on the NYSE Trading Floor by
eliminating the requirements that orders entered from off the Floor
require transmission to a Floor booth before being transmitted to the
hand-held for representation and execution or that order-related
messages or information from the hand-held be transmitted to a Floor
booth before being transmitted off-Floor. The elimination of this
routing through the Floor booth terminal removes an impediment to the
order execution system and provides for a faster, more efficient method
of order execution.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f (b)(5).
---------------------------------------------------------------------------

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

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

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

    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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
NYSE has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \15\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) \16\ permits the Commission to
designate a shorter time if such action is consistent

with the protection of investors and the public interest. NYSE requests
that the Commission waive the 30-day operative delay in order to
immediately remove an impediment to the efficient execution of customer
orders and transmission of order-related messages or information. The
Exchange believes that it promotes the protection of investors and
serves the public interest to have its systems allow for the delivery
of customer orders to the point of sale and order-related messages or
information back to the customer immediately now that hand-held
technology is capable of meeting all audit trail requirements. The
Commission notes the Exchange's representation that the proposed
changes to the Wireless Policy do not change the content of what is
sent to and from the hand-helds, but simply amends the procedure for
transmitting such information. In addition, the Commission notes the
Exchange's representation with regard to the ability of Exchange
systems to capture and record all information sent to and transmitted
from the handhelds. For these reasons, the Commission believes that
waiving the 30-day operative delay \17\ is consistent with the
protection of investors and the public interest. Therefore, the
Commission designates the proposal operative upon filing.
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission 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.

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-NYSE-2009-33 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSE-2009-33. 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, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-NYSE-2009-33 and should be
submitted on or before April 22, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-7214 Filed 3-31-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: January 25, 2010 (Volume 75, Number 15)]
[Notices]
[Page 3954]
[DOCID:fr25ja10-97]

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

Federal Aviation Administration

Agency Information Collection Activity Seeking OMB Approval

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget's (OMB) revision of a current
information collection. The Federal Register Notice with a 60-day
comment period soliciting comments on the following collection of
information was published on October 16, 2009, vol. 74, no. 199, page
53312. 49 U.S.C. 40117 authorizes airports to impose passenger facility
charges (PFC).

DATES: Please submit comments by February 24, 2010.

FOR FURTHER INFORMATION CONTACT: Carla Mauney at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: Passenger Facility Charge (PFC) Application.
    Type of Request: Extension without change of a currently approved
collection.
    OMB Control Number: 2120-0557.
    Forms(s) 5500-1.
    Affected Public: An estimated 450 Respondents.
    Frequency: This information is collected on occasion.
    Estimated Average Burden per Response: Approximately 10 hours per
response.
    Estimated Annual Burden Hours: An estimated 24,025 hours annually.
    Abstract: 49 U.S.C. 40117 authorizes airports to impose passenger
facility charges (PFC). This program requires public agencies and
certain members of the aviation industry to prepare and submit
applications and reports to the FAA. This program provides additional
funding for airport development which is needed now and in the future.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to oira_
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility, and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on January 19, 2010.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. 2010-1342 Filed 1-22-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Notices]
[Pages 42494-42495]
[FR Doc No: 2018-18100]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2322-067]

Brookfield White Pine Hydro LLC; Notice of Application Accepted
for Filing, Soliciting Comments, Protests, and Motions To Intervene

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of proceeding: Extension of license term.
    b. Project No: P-2322-067.
    c. Date Filed: August 1, 2018.
    d. Licensee: Brookfield White Pine Hydro LLC.
    e. Name and location of project: Shawmut Hydroelectric Project,
located on the Kennebec River in Somerset County, Maine.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    g. Applicant Contact: Kelly Maloney, Northeast Compliance Manager,
Brookfield White Pine Hydro LLC, 150 Main Street, Lewiston, ME 04240;
(207) 775-5606.
    h. FERC Contact: B. Peter Yarrington at<PHONE_NUMBER>, or
[email protected].
    i. Deadline for filing comments, motions to intervene, and
protests: 30 days from the issuance of this notice by the Commission.
The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, and recommendations, using
the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system

at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include the
docket number P-2322-067.
    j. Description of Proceeding: Brookfield White Pine Hydro LLC,
licensee for the Shawmut Project, requests a 1-year extension of the
term of the project license, from January 31, 2021, to January 31,
2022. The extension would give the licensee an additional year to file
its Final License Application (FLA) for the project, which would then
be due January 31, 2020. The licensee indicates that the extension
would not affect any other submittal deadlines under the existing
relicensing schedule.
    The licensee requests an extension of the license term so that it
can complete, cooperatively with state and federal resource agencies
and other entities, a feasibility assessment of options to provide
multi-dam fish passage on the Kennebec River. The options would
include, but not be limited to, alternative designs included in the
approved Interim Species Protection Plan (Interim SPP) for the Shawmut
Project, Weston Project (P-2325), and Lockwood Project (P-2574), as
well as the approved Interim SPP for the Hydro-Kennebec Project (P-
2611). These two Interim SPPs were developed for the projects to help
ensure the protection of, and passage for, Atlantic salmon that use the
Kennebec River and that are listed as endangered under the Endangered
Species Act. The licensee proposes to develop, in consultation with the
resource agencies, a single basin-wide Final SPP and draft Biological
Assessment for the four projects together, which would be filed ahead
of the December 31, 2019 expiration of the Interim SPPs, and
concurrently with the Shawmut Project FLA. The licensee included with
its request correspondence from the National Marine Fisheries Service,
U.S. Fish and Wildlife Service, Maine Department of Marine Resources,
and Maine Department of Inland Fisheries and Wildlife supporting the
request.
    k. This notice is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE,
Washington, DC 20426. The filing may also be viewed on the Commission's
website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the
Docket number (P-2322-067) excluding the last three digits in the
docket number field to access the notice. You may also register online
at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via
email of new filings and issuances related to this or other pending
projects. For assistance, call toll-free 1-866-208-3676, or email
[email protected]. For TTY, call<PHONE_NUMBER>.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
and .214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on, or before, the specified
comment date for the particular application.
    n. Filing and Service of Responsive Documents: Any filing must: (1)
Bear in all capital letters the title COMMENTS, PROTEST, or MOTION TO
INTERVENE as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments, motions
to intervene, or protests must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). All comments,
motions to intervene, or protests should relate to the request to
extend the license term. Agencies may obtain copies of the application
directly from the applicant. A copy of any protest or motion to
intervene must be served upon each representative of the applicant
specified in the particular application. If an intervener files
comments or documents with the Commission relating to the merits of an
issue that may affect the responsibilities of a particular resource
agency, they must also serve a copy of the document on that resource
agency. A copy of all other filings in reference to this application
must be accompanied by proof of service on all persons listed in the
service list prepared by the Commission in this proceeding, in
accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: August 16, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-18100 Filed 8-21-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 30, 2010 (Volume 75, Number 167)]
[Notices]
[Page 53008-53010]
[DOCID:fr30au10-131]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62759; File No. SR-Phlx-2010-111]

Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
a Change to the Automated Opening System

August 23, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on August 9, 2010, NASDAQ OMX PHLX, Inc. (``Phlx'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The 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.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Rule 1017, Openings in Options, to
reflect a system change to (i) modify the manner in which the PHLX
XL[reg] automated options trading system \3\ calculates the Opening
Quote Range for an options series during the automated opening process,
and (ii) terminate the opening process when away markets become crossed
during the opening process. A new opening process for the affected
series would commence at the time the Away Best Bid/Offer (``ABBO'') is
uncrossed.
---------------------------------------------------------------------------

    \3\ This proposal refers to ``PHLX XL'' as the Exchange's
automated options trading system. In May 2009 the Exchange enhanced
the system and adopted corresponding rules referring to the system
as ``Phlx XL II.'' See Securities Exchange Act Release No. 59995
(May 28, 2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32). The
Exchange intends to submit a separate technical proposed rule change
that would change all references to the system from ``Phlx XL II''
to ``PHLX XL'' for branding purposes.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com, on the Commission's Web site
at http://www.sec.gov, 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to change the manner in
which the PHLX XL[supreg] automated options trading system calculates
the Opening Quote Range (``OQR'') in an options series during the
automated opening process. The OQR is a price range outside of which
the Exchange will not open an option series. The proposal also reflects
new system functionality to state that if, at any point during the
opening process the ABBO becomes crossed (e.g., 1.05 bid, 1.00 offer),
the opening process will be terminated and the Exchange will not open
the affected series. A new opening process for the affected series will
commence at the time the ABBO is uncrossed.
OQR
    Currently, the PHLX XL system calculates the OQR for a particular
series based upon the lowest quote bid on the Exchange and the highest
quote offer on the Exchange among quotes that are compliant with the
bid/ask differentials set forth in Rule 1014(c)(i)(A)(1)(a) (``valid
width quotes''.) \4\ To determine the minimum value for the OQR, an
amount, as defined in a table determined by the Exchange, is subtracted
from the lowest quote bid. To determine the maximum value for the OQR,
an amount, as defined in a table determined by the Exchange, is added
to the highest quote offer. Quotes that are not valid width quotes and
quotes that are outside of the OQR are not included in the Exchange's
automated opening process.
---------------------------------------------------------------------------

    \4\ Rule 1014(c)(i)(A)(1)(a) permits bid/ask differentials of no
more than $.25 between the bid and the offer for each option
contract for which the prevailing bid is less than $2; no more than
$.40 where the prevailing bid is $2 or more but less than $5; no
more than $.50 where the prevailing bid is $5 or more but less than
$10; no more than $.80 where the prevailing bid is $10 or more but
less than $20; and no more than $1 where the prevailing bid is $20
or more, provided that, in the case of equity options, the bid/ask
differentials stated above shall not apply to in-the-money series
where the market for the underlying security is wider than the
differentials set forth above. For such series, the bid/ask
differentials may be as wide as the quotation for the underlying
security on the primary market, or its decimal equivalent rounded up
to the nearest minimum increment. The Exchange may establish
differences other than the above for one or more series or classes
of options.
---------------------------------------------------------------------------

    The Exchange proposes to modify the PHLX XL system and Exchange
Rule 1017(l) to reflect the new manner in which the PHLX XL system
calculates the OQR under certain circumstances. The manner in which the
PHLX XL system calculates the OQR will depend upon whether there is a
valid ABBO on markets other than the PHLX.
    As stated above, the PHLX XL system currently calculates a lowest
bid and highest offer to use as a reference price on which to calculate
the OQR. Under the proposal, Rule 1017(l)(ii) would be modified to
state that a highest bid and lowest offer will be used when there are
opening quotes \5\ or orders on the Exchange that lock or cross each
other and there is no imbalance \6\ at the Exchange's opening price.
The purpose of this provision is to tighten the range of allowable
opening prices and enable the system to open a series by using PHLX
quotes when there are opening trades that will leave no imbalance.
---------------------------------------------------------------------------

    \5\ The PHLX XL system will consider only opening valid width
quotes on the Exchange in its determination of the highest quote bid
and lowest quote offer.
    \6\ An ``imbalance'' occurs where there is unexecutable trading
interest at a certain price. See Exchange Rule 1017(l)(ii)(A).
---------------------------------------------------------------------------

    The PHLX XL system currently calculates the OQR without regard to
away market(s) in the affected series. The Exchange proposes to modify
this provision by enabling the PHLX XL system to consider the away
market(s) in the affected series when calculating the OQR. Under the
proposal, Rule 1017(l)(iii) would be modified to address the situation
where there is an imbalance at the price at which the maximum number of
contracts can trade that is also at or within the highest quote bid and
lowest quote offer, and one or more away markets have disseminated
opening quotes in the affected series. In this situation, the PHLX XL
system will calculate an OQR based upon valid width quotes received by
the Exchange and quotes that are disseminated by the away market(s).
    In this situation, to determine the minimum value for the OQR, an

amount, as defined in a table to be determined by the Exchange,\7\ will
be subtracted from the highest quote bid among valid width quotes on
the Exchange and on the away market(s). Under the current method, the
minimum value of the OQR is determined by subtracting the amount in the
table from the lowest bid on the Exchange only. To determine the
maximum value for the OQR, an amount, as defined in a table to be
determined by the Exchange, will be added to the lowest quote offer
among valid width quotes on the Exchange and on the away market(s).
Under the current method, the maximum value of the OQR is determined by
adding the amount in the table to the highest bid on the Exchange only.
This new method of calculating the OQR is intended to narrow the OQR,
and to consider better-priced away markets' quotations in determining
the reference price from which to calculate the OQR. The Exchange
believes that this should result in higher quality executions at the
opening of trading.
---------------------------------------------------------------------------

    \7\ The Exchange maintains the OQR table on its Web site.
Changes to the OQR table are communicated to members by way of an
Options Trader Alert (``OTA'') posted on the Web site.
---------------------------------------------------------------------------

    Proposed new Rule 1017(l)(iii)(A)(3) addresses the situation where
there are away markets and the PHLX opening market is crossed or
crosses away markets. If one or more away markets have disseminated
opening quotes that are not crossed, and there are valid width quotes
on the Exchange that cross each other or that cross away market quotes,
the minimum value for the OQR will be the highest quote bid among
quotes on away market(s). The maximum value for the OQR will be the
lowest quote offer among quotes on away market(s). The purpose of this
provision is to maintain market efficiency at the opening of trading
when the PHLX market is crossed but there are away markets that the
system can use as the OQR. The PHLX XL system will not add to the
lowest away offer or subtract from the highest away bid in this
situation in order to prevent an opening trade that would be through
the ABBO.
    Proposed new Rule 1017(l)(iv) addresses the situation where there
is an imbalance at the price at which the maximum number of contracts
can trade that is also at or within the highest quote bid and lowest
quote offer, and no away markets have disseminated opening quotes in
the affected series.\8\ In this situation, to determine the minimum
value for the OQR, an amount, as defined in a table to be determined by
the Exchange, will be subtracted from the highest quote bid among valid
width quotes on the Exchange only. To determine the maximum value for
the OQR, an amount, as defined in a table to be determined by the
Exchange, will be added to the lowest quote offer among valid width
quotes on the Exchange only.
---------------------------------------------------------------------------

    \8\ This condition could be due to system issues, order
imbalances, and other factors that would cause an away market not to
disseminate an opening quote. This section of the proposed rule
would also apply to issues that are singly listed on PHLX, in which
case there is no other market that could quote in the affected
series.
---------------------------------------------------------------------------

    Proposed new Rule 1017(l)(iv)(A)(3) addresses the situation where
there is an imbalance and there are opening quotes on the Exchange that
cross each other, and there is no away market in the affected series.
In this situation, the minimum value for the OQR will be the lowest
quote bid among valid width quotes on the Exchange, and the maximum
value for the OQR will be the highest quote offer among valid width
quotes on the Exchange. The purpose of this provision is to maintain
market efficiency at the opening of trading when there is an imbalance,
and when the PHLX market is crossed but there are no away markets that
the system can consider as the OQR. The PHLX XL system will not add to
the highest quote offer on the Exchange or subtract from the lowest
quote bid on the Exchange in order to ensure that the OQR is as narrow
as possible when there are opening quotes on the PHLX that cross each
other.
Crossed ABBO During the Opening Process
    Proposed new Rule 1017(l)(ix) provides that if, at any point during
the opening process the ABBO becomes crossed, the opening process will
be terminated and the Exchange will not open the affected series. A new
opening process for the affected series will commence at the time the
ABBO is uncrossed. The purpose of this provision is to ensure that the
PHLX XL system does not route contracts that cannot be executed on the
PHLX to away markets that may be disseminating incorrect prices that
cross another market, thus protecting investors in general from
entering into executions at incorrect prices.
Technical Re-Numbering Amendment
    The Exchange proposes to re-number existing rules 1017(l)(iv)--
(vii) to reflect the insertion of new proposed Rule 1017(i)(iv). There
are no proposed substantive amendments to these existing rules.
Deployment
    Although the proposed rule change is effective upon filing, the
Exchange anticipates that it will deploy the new PHLX XL functionality
described herein on or around September 15, 2010.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \9\ in general, and furthers the objectives of Section
6(b)(5) of the Act \10\ in particular, in that it is designed to
promote just and equitable principles of trade, 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. Specifically, the Exchange believes that the proposal
benefits customers by improving prices and market efficiency at the
opening of trading.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    The proposed rule change 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. Therefore, the proposal is effective upon
filing pursuant to Section 19(b)(3)(A) \11\ of the Act and subparagraph
(f)(5) of Rule 19b-4 thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(5).
---------------------------------------------------------------------------

    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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2010-111 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2010-111. 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2010-111 and should be
submitted on or before September 20, 2010.

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

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-21473 Filed 8-27-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: June 20, 2008 (Volume 73, Number 120)]
[Notices]
[Page 35185-35187]
[DOCID:fr20jn08-107]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57975; File No. SR-NYSEArca-2008-62]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change Relating to the
Listing and Trading of Shares of the First Trust ISE Global Wind Energy
Index Fund

June 17, 2008.
    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 June 9, 2008, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary, NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
NYSE Arca filed the proposed rule change as a ``non-controversial''
proposal pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6) thereunder,\4\ which renders the proposal effective upon filing
with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    NYSE Arca proposes to list and trade shares (``Shares'') of the
First Trust ISE Global Wind Energy Index Fund (``Fund''). The text of
the proposed rule change is available at the Exchange, the Commission's
Public Reference Room, and http://www.nyse.com.

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

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

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

1. Purpose
    The Exchange proposes to list and trade the Shares of the Fund
under NYSE Arca Equities Rule 5.2(j)(3), the Exchange's listing
standards for Investment Company Units (``ICUs'').\5\ The Fund seeks
investment results that correspond generally to the price and yield
(before the Fund's fees and expenses) of the ISE Global Wind Energy
Index (``Index'' or ``Underlying Index''). The Index is developed and
owned by the International Securities Exchange, LLC (``ISE''), in
consultation with Standard & Poor's, a division of The McGraw-Hill
Companies, Inc., which calculates and maintains the Index. The Index
provides a benchmark for investors interested in tracking

public companies throughout the world that are active in the wind
energy industry based on analysis of the products and services offered
by those companies.
---------------------------------------------------------------------------

    \5\ An Investment Company Unit is a security that represents an
interest in a registered investment company that holds securities
comprising, or otherwise based on or representing an interest in, an
index or portfolio of securities (or holds securities in another
registered investment company that holds securities comprising, or
otherwise based on or representing an interest in, an index or
portfolio of securities). See NYSE Arca Equities Rule 5.2(j)(3)(A).
---------------------------------------------------------------------------

    The Exchange is submitting this proposed rule change because the
Underlying Index for the Fund does not meet all of the ``generic''
listing requirements of Commentary .01(a)(B) to NYSE Arca Equities Rule
5.2(j)(3) applicable to listing of ICUs based on international or
global indexes. The Underlying Index meets all such requirements except
for those set forth in Commentary .01(a)(B)(2).\6\ Specifically, for
the period December 2007 through May 2008, stocks comprising 86.15% of
the Index weight each had a minimum worldwide monthly trading volume
during each of the last six months of at least 250,000 shares.
---------------------------------------------------------------------------

    \6\ Commentary .01(a)(B)(2) to Rule 5.2(j)(3) provides that the
component stocks that in the aggregate account for at least 90% of
the weight of the index or portfolio each shall have a minimum
worldwide monthly trading volume during each of the last six months
of at least 250,000 shares.
---------------------------------------------------------------------------

    The Exchange represents that: (1) Except for Commentary
.01(a)(B)(2) to NYSE Arca Equities Rule 5.2(j)(3), the Shares of the
Fund currently satisfy all of the generic listing standards under NYSE
Arca Equities Rule 5.2(j)(3); (2) the continued listing standards under
NYSE Arca Equities Rules 5.2(j)(3) and 5.5(g)(2) applicable to ICUs
shall apply to the Shares; and (3) the Trust is required to comply with
Commission Rule 10A-3 under the Act \7\ for the initial and continued
listing of the Shares. In addition, the Exchange represents that the
Shares will comply with all other requirements applicable to ICUs
including, but not limited to, requirements relating to the
dissemination of key information such as the Index value and Intraday
Indicative Value, the rules governing the trading of equity securities,
trading hours, trading halts, surveillance, and the Information
Bulletin to ETP Holders, as set forth in prior Commission orders
approving the generic listing rules applicable to the listing and
trading of ICUs.\8\
---------------------------------------------------------------------------

    \7\ 17 CFR 240.10A-3.
    \8\ See, e.g., Securities Exchange Act Release Nos. 55621 (April
12, 2007), 72 FR 19571 (April 18, 2007) (SR-NYSEArca-2006-86) (order
approving generic listing standards for ICUs based on international
or global indexes); 44551 (July 12, 2001), 66 FR 37716 (July 19,
2001) (SR-PCX-2001-14) (order approving generic listing standards
for ICUs and Portfolio Depositary Receipts); and 41983 (October 6,
1999), 64 FR 56008 (October 15, 1999) (SR-PCX-98-29) (order
approving rules for listing and trading of ICUs).
---------------------------------------------------------------------------

    Detailed descriptions of the Fund, the Underlying Index, procedures
for creating and redeeming Shares, transaction fees and expenses,
dividends, distributions, taxes, risks, and reports to be distributed
to beneficial owners of the Shares can be found in the Registration
Statement \9\ or on the Web site for the Fund (http://
www.ftportfolios.com), as applicable.
---------------------------------------------------------------------------

    \9\ See the First Trust Registration Statement on Form N-1A,
dated May 23, 2008 (File Nos. 333-143964; 811-21944) (``Registration
Statement'').
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\10\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\11\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
The Exchange believes that the proposed rule change will facilitate the
listing and trading of an additional type of exchange-traded product
that will enhance competition among market participants, to the benefit
of investors and the marketplace.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    The Exchange states that written comments on the proposed rule
change were neither solicited nor received.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, 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 \12\ and Rule 19b-4(f)(6)
thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requests that the Commission waive
the 30-day operative delay so that the Exchange can list and trade the
Shares immediately. The Exchange states that the proposed rule change
does not significantly affect the protection of investors or the public
interest and does not impose any significant burden on competition. The
Exchange also believes that the proposal is non-controversial because,
although the Underlying Index fails to meet the requirements set forth
in Commentary .01(a)(B)(2) to NYSE Arca Equities Rule 5.2(j)(3) by a
small amount (3.85%), the Shares currently satisfy all of the other
applicable generic listing standards under NYSE Arca Equities Rule
5.2(j)(3), and will be subject to all of the continued listing
standards under NYSE Arca Equities Rules 5.2(j)(3) and 5.5(g)(2)
applicable to ICUs. Additionally, the Exchange represents that the
Shares will comply with all other requirements applicable to ICUs.\14\
---------------------------------------------------------------------------

    \14\ See supra note 8 and accompanying text.
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public
interest.\15\ Given that the Shares comply with all of the NYSE Arca
Equities generic listing standards for ICUs (except for narrowly
missing the requirement relating to minimum worldwide monthly trading
volume of the stocks composing 90% of the Index), the listing and
trading of the Shares by NYSE Arca does not appear to present any novel
or significant regulatory issues or impose any significant burden on
competition. For these reasons, the Commission designates the proposed
rule change as operative upon filing.
---------------------------------------------------------------------------

    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the

Commission 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.

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-2008-62 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-NYSEArca-2008-62. 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, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2008-62 and should
be submitted on or before July 11, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Florence E. Harmon,
Acting Secretary.
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. E8-13996 Filed 6-19-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Page 69840]
[FR Doc No: 2016-24339]

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

Federal Emergency Management Agency

[Docket ID FEMA-2014-0022]

Technical Mapping Advisory Council

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Committee Management; Notice of Federal Advisory Committee
Meeting.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) Technical
Mapping Advisory Council (TMAC) will meet via conference call on
October 26 and 27, 2016. The meeting will be open to the public.

DATES: The TMAC will meet via conference call on Wednesday, October 26,
2016 from 10:00 a.m. to 5:00 p.m. Eastern Daylight Time (EDT), and on
Thursday, October 27, 2016 from 10:00 a.m. to 5:00 p.m. EDT. Please
note that the meeting will close early if the TMAC has completed its
business.

ADDRESSES: For information on how to access to the conference call,
information on services for individuals with disabilities, or to
request special assistance for the meeting, contact the person listed
in FOR FURTHER INFORMATION CONTACT below as soon as possible. Members
of the public who wish to dial in for the meeting must register in
advance by sending an email to<EMAIL_ADDRESS>(attention
Kathleen Boyer) by 11 a.m. EDT on Friday, October 21, 2016.
    To facilitate public participation, members of the public are
invited to provide written comments on the issues to be considered by
the TMAC, as listed in the SUPPLEMENTARY INFORMATION section below. The
Agenda and other associated material will be available for review at
www.fema.gov/TMAC by Wednesday, October 19, 2016. Written comments to
be considered by the committee at the time of the meeting must be
received by Friday, October 21, 2016, identified by Docket ID FEMA-
2014-0022, and submitted by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Email: Address the email TO<EMAIL_ADDRESS>and
CC<EMAIL_ADDRESS>Include the docket number in the subject
line of the message. Include name and contact detail in the body of the
email.
     Mail: Regulatory Affairs Division, Office of Chief
Counsel, FEMA, 500 C Street SW., Room 8NE, Washington, DC 20472-3100.
    Instructions: All submissions received must include the words
``Federal Emergency Management Agency'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.
Docket: For docket access to read background documents or comments
received by the TMAC, go to http://www.regulations.gov and search for
the Docket ID FEMA-2014-0022.
    A public comment period will be held on October 26, 2016 and
October 27, 2016. Speakers are requested to limit their comments to no
more than two minutes. Each public comment period will not exceed 20
minutes. Please note that the public comment periods may end before the
time indicated, following the last call for comments. Contact the
individual listed below to register as a speaker by close of business
on Friday, October 21, 2016.

FOR FURTHER INFORMATION CONTACT: Kathleen Boyer, Designated Federal
Officer for the TMAC, FEMA, 500 C St. SW., Washington, DC 20024,
telephone<PHONE_NUMBER>, and email<EMAIL_ADDRESS>The
TMAC Web site is: http://www.fema.gov/TMAC.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. Appendix.
    As required by the Biggert-Waters Flood Insurance Reform Act of
2012, the TMAC makes recommendations to the FEMA Administrator on: (1)
How to improve, in a cost-effective manner, the (a) accuracy, general
quality, ease of use, and distribution and dissemination of flood
insurance rate maps and risk data; and (b) performance metrics and
milestones required to effectively and efficiently map flood risk areas
in the United States; (2) mapping standards and guidelines for (a)
flood insurance rate maps, and (b) data accuracy, data quality, data
currency, and data eligibility; (3) how to maintain, on an ongoing
basis, flood insurance rate maps and flood risk identification; (4)
procedures for delegating mapping activities to State and local mapping
partners; and (5) (a) methods for improving interagency and
intergovernmental coordination on flood mapping and flood risk
determination, and (b) a funding strategy to leverage and coordinate
budgets and expenditures across Federal agencies. Furthermore, the TMAC
is required to submit an Annual Report to the FEMA Administrator that
contains: (1) A description of the activities of the Council; (2) an
evaluation of the status and performance of flood insurance rate maps
and mapping activities to revise and update Flood Insurance Rate Maps;
and (3) a summary of recommendations made by the Council to the FEMA
Administrator.
    Agenda: On October 26, 2016, the TMAC will introduce and welcome
new TMAC members, and will discuss contextual report language to
support the TMAC 2016 Annual Report recommendations discussed at the
September 23-26, 2016 virtual public meeting. On October 27, 2016, the
TMAC will continue to discuss contextual report language to support the
TMAC 2016 Annual Report recommendations. A brief public comment period
will take place prior to any votes and at least one comment period will
occur on each day. A more detailed agenda will be posted by Wednesday,
October 19, 2016, at http://www.fema.gov/TMAC.

    Dated: September 12, 2016.
Roy E. Wright,
Deputy Associate Administrator, for Insurance and Mitigation, Federal
Emergency Management Agency.
[FR Doc. 2016-24339 Filed 10-6-16; 8:45 am]
BILLING CODE 9110-12-P