[Federal Register: November 5, 2009 (Volume 74, Number 213)]
[Rules and Regulations]
[Page 57248-57251]
[DOCID:fr05no09-5]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA-2007-C-0044] (formerly Docket No. 2007C-0474)

Listing of Color Additives Exempt From Certification; Astaxanthin
Dimethyldisuccinate

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Final rule.

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SUMMARY:  The Food and Drug Administration (FDA) is amending the color
additive regulations to provide for the safe use of astaxanthin
dimethyldisuccinate as a color additive in the feed of salmonid fish to
enhance the color of their flesh. This action is in response to a
petition filed by DSM Nutritional Products, Inc.

DATES: This rule is effective December 8, 2009, except as to any
provisions that may be stayed by the filing of proper objections.
Submit electronic or written objections and requests for a hearing by
December 7, 2009. See section X of this document for information on the
filing of objections.

ADDRESSES: You may submit electronic or written objections and requests
for a hearing, identified by Docket No. FDA-2007-C-0044, by any of the
following methods:

Electronic Submissions

    Submit electronic objections in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Written Submissions

    Submit written objections in the following ways:
     Fax:<PHONE_NUMBER>.
     Mail/Hand delivery/Courier [For paper, disk, or CD-ROM
submissions]: Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
    To ensure more timely processing of objections, FDA is no longer
accepting objections submitted to the agency by e-mail. FDA encourages
you to continue to submit electronic objections by using the Federal
eRulemaking Portal, as described previously in the ADDRESSES portion of
this document under Electronic Submissions.
    Instructions: All submissions received must include the agency name
and Docket No. for this rulemaking. All objections received will be
posted without change to http://www.regulations.gov, including any
personal information provided. For detailed instructions on submitting
objections, see the ``Objections'' heading of the SUPPLEMENTARY
INFORMATION section of this document.
    Docket: For access to the docket to read background documents or
objections received, go to http://www.regulations.gov and insert the
docket number, found in brackets in the heading of this document, into
the ``Search'' box and follow the prompts and/or go to the Division of
Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:  Felicia M. Ellison, Center for Food
Safety and Applied Nutrition (HFS-265), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740-3835,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In a notice published in the Federal Register of December 4, 2007
(72 FR 68166), with a correction of the docket number on December 26,
2007 (72 FR 73028), FDA announced that a color additive petition (CAP
7C0284) had been filed by DSM Nutritional Products, Inc., 45 Waterview
Blvd., Parsippany, NJ 07054. The petition proposed to amend the color
additive regulations in part 73 (21 CFR part 73) to provide for the
safe use of astaxanthin dimethyldisuccinate (hereinafter referred to as
astaxanthin DMDS) as a color additive in the feed of salmonid fish to
enhance the color of their flesh.

II. Identity, Technical Effect, and Specifications

    Astaxanthin DMDS (3,3'-bis(4-methoxy-1,4-dioxobutoxy)-[bgr],[bgr]-
carotene-4,4'-dione) is a synthetic carotenoid with pink or red
pigmenting properties. Astaxanthin DMDS is derived by esterification of
astaxanthin, the principal pigment that imparts the characteristic pink
or orange-red coloring of the flesh of wild salmonids, followed by
several purification steps. The color additive contains not less than
96 percent astaxanthin DMDS, including trans, 9-cis, and 13-cis
isomers, and minor amounts of astaxanthin monomethylsuccinate (MMS) and
free astaxanthin. Other carotenoids (present at not more than 4
percent) are the esters of astaxanthin-related substances.
    The stability studies of astaxanthin DMDS submitted by the
petitioner show that astaxanthin DMDS is unstable on its own.
Therefore, in order to minimize chemical changes that would result in
loss of color of astaxanthin, astaxanthin DMDS may be added to fish
feed only in the form of a stabilized color additive mixture. This
requirement is reflected in new Sec.  73.37(a)(2), which provides that
astaxanthin DMDS be added to fish feed only as a component of a
stabilized color additive mixture.
    In the Federal Register of April 13, 1995 (60 FR 18736), the agency
published a final rule that listed astaxanthin in Sec.  73.35 for use
in the feed of salmonid fish. In that final rule, the agency concluded
that 80 milligrams (mg) of astaxanthin per (/) kilogram (kg) of
finished feed would result in adequate pigmentation of the flesh of
salmonids. Therefore, in Sec.  73.35(c)(2), the agency limited the
astaxanthin content of finished feed to not more than 80 mg/kg. In the
Federal Register of July 6, 2000 (65 FR 41581 and 41584), the agency
published final rules that listed haematococcus algae meal (Sec.
73.185) and phaffia yeast (Sec.  73.355) as additional sources of
astaxanthin for use in the feed of salmonid fish. Both haematococcus
algae meal and phaffia yeast may be used alone or in combination with
other astaxanthin color additive sources, provided that the quantity of
astaxanthin in the finished feed does not exceed 80 mg/kg.
    Consistent with these other listings, the petitioner proposes that
the maximum amount of astaxanthin in finished feed from the use of
astaxanthin DMDS not exceed 110 mg/kg, which corresponds to an
astaxanthin equivalent of 80 mg/kg (72 grams (g) per ton) in the
finished feed. Because of the other listed sources of astaxanthin and
other color additives that are sources of astaxanthin the agency may
list in the future, new Sec.  73.37(c)(2) requires that the quantity of
astaxanthin in finished feed, from astaxanthin DMDS when used alone or
in combination with other astaxanthin color additive sources listed in
part 73, shall not exceed 80 mg/kg (72 g per ton) of finished feed.

III. Evaluation of Safety

    Data provided by the petitioner demonstrate that the color additive
is safe for the fish at the proposed use levels, and that astaxanthin
DMDS is converted to free astaxanthin during digestion and deposited as
such in the flesh of the fish. There also is no evidence that any
constituents of the color additive, other than astaxanthin, will
accumulate in fish maintained on diets supplemented with astaxanthin
DMDS. Consequently, consumers will not be directly exposed to
astaxanthin DMDS, but to the astaxanthin in the flesh of the fish that
have consumed the color additive. The safety of astaxanthin has been
previously established (see 65 FR 41581 and 41584).
    FDA has determined that the astaxanthin from the subject color
additive will substitute for the fish feed uses of other approved color
additive sources of astaxanthin. Additionally, the agency considers the
intake of astaxanthin from the consumption of wild salmon and the
intake of astaxanthin from consumption of farm-raised salmonid fish
that have been fed approved color additive sources of astaxanthin to be
comparable. Therefore, the agency concludes that the petitioned use of
the subject color additive will not increase the current cumulative
estimated daily intake of astaxanthin. Based on this information, as
well as other relevant material provided by the petitioner, FDA
concludes that the petitioned use of astaxanthin DMDS is safe.

IV. Labeling Requirements

    All color additives, in accordance with Sec.  70.25 (21 CFR 70.25),
are required to be labeled with sufficient information to assure their
safe use and to allow a determination of compliance with any
limitations imposed by the agency in other applicable regulations. The
labeling of the color additive,

astaxanthin DMDS, and any mixture prepared therefrom, is subject to the
requirements of Sec.  70.25.
    According to Sec.  70.25(a)(4), an expiration date for a color
additive must be stated on its label if stability data require it. FDA
finds that because of the instability of astaxanthin DMDS, expiration
dates must be stated on the label of the sealed and open containers, in
accordance with Sec.  70.25(a)(4). FDA also finds that declaration of
the expiration dates constitutes a material fact that must be disclosed
on the label of the stabilized mixture formulated with astaxanthin DMDS
because under sections 201(n) and 403(a)(1) of the Federal Food, Drug,
and Cosmetic Act (the act) (21 U.S.C. 321(n) and 343(a)(1)), failure to
do so would constitute a failure to reveal facts material in light of
the representations made on the label and material with respect to
consequences which may result from the use of the color additive. The
use of astaxanthin DMDS requires the declaration of expiration dates
because the astaxanthin component of astaxanthin DMDS is unstable and
can decompose, thereby affecting the efficacy of the color.
    In addition to the requirements for labeling the color additive or
color additive mixture, the ingredient list on fish feed to which
astaxanthin DMDS is added must identify the presence of the color
additive under Sec.  501.4 (21 CFR 501.4). New Sec.  73.37(d)(2)
references Sec.  501.4 to ensure that the presence of astaxanthin DMDS
as a color additive in the fish feed will be declared on the ingredient
label. Finally, the presence of the color additive must be declared on
the label of any food, including salmonid fish given feed containing
astaxanthin DMDS and food containing such salmonid fish as an
ingredient. Section 101.22(b) (21 CFR 101.22(b)) requires a food that
bears or contains artificial coloring, such as salmon artificially
colored with a source of astaxanthin, to bear labeling even though such
food is not in package form. Section 101.22(c) requires that label
statements of artificial coloring be ``likely to be read by the
ordinary person under customary conditions of purchase and use of such
food.''
    Furthermore, Sec.  101.22(k)(2) requires, in the statement of
ingredients for a food to which any coloring has been added, and for
which the coloring is not subject to certification, a declaration that
makes it clear that a color additive has been used in the food. In
addition, the presence of a color additive in a food received in a bulk
container that is held at a retail establishment must be declared on
the labeling of the bulk container or on a counter card or other
similar device under the provisions in Sec.  101.100(a)(2) (21 CFR
101.100(a)(2)). The ingredient label would alert the consumer that the
fish is artificially colored. Without such ingredient labeling, food
containing salmonid fish previously given feed containing astaxanthin
DMDS would be deemed to be misbranded under section 403(k) of the act,
which states that a food shall be deemed to be misbranded ``if it bears
or contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling stating that fact.''
    Therefore, in accordance with Sec. Sec.  101.22(b), (c), and
(k)(2), and 101.100(a)(2), labeling on any salmonid fish given feed
containing astaxanthin DMDS is required to declare the presence of the
color additive. New Sec.  73.37(d)(3) references Sec. Sec.  101.22(b),
(c), and (k)(2), and 101.100(a)(2) to ensure that, at the retail level,
the presence of a source of astaxanthin as a color additive in the fish
will be declared, and that the labeling of the bulk fish container,
including a list of ingredients, will be displayed on the container or
on a counter card with similar information.

V. Conclusion

    FDA reviewed data in the petition and other available relevant
material to evaluate the safety of the use of astaxanthin DMDS as a
color additive in the feed of salmonid fish to enhance the color of
their flesh. Based on this information, the agency concludes that the
proposed use of the additive is safe and the additive will achieve its
intended technical effect. Therefore, the regulations in part 73 should
be amended as set forth in this document. In addition, based upon the
factors listed in 21 CFR 71.20(b), the agency concludes that
certification of astaxanthin DMDS is not necessary for the protection
of the public health.

VI. Public Disclosure

    In accordance with Sec.  71.15 (21 CFR 71.15), the petition and the
documents that FDA considered and relied upon in reaching its decision
to approve the petition will be made available for inspection at the
Center for Food Safety and Applied Nutrition by appointment with the
information contact person listed above (see FOR FURTHER INFORMATION
CONTACT). As provided in Sec.  71.15, the agency will delete from the
documents any materials that are not available for public disclosure
before making the documents available for inspection.

VII. Environmental Impact

    The agency has previously considered the environmental effects of
this rule as announced in the notice of filing for CAP 7C0284 (72 FR
68166 and 72 FR 73028). No new information or comments have been
received that would affect the agency's previous determination that
there is no significant impact on the human environment and that an
environmental impact statement is not required.

VIII. Paperwork Reduction Act of 1995

    This final rule contains no collection of information. Therefore,
clearance by the Office of Management and Budget under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520) is not required.

IX. Section 301(ll) of the Federal Food, Drug, and Cosmetic Act

    FDA's review of this petition was limited to section 721 of the act
(21 U.S.C. 379e). This final rule is not a statement regarding
compliance with other sections of the act. For example, the Food and
Drug Administration Amendments Act of 2007, which was signed into law
on September 27, 2007, amended the act to, among other things, add
section 301(ll). Section 301(ll) of the act (21 U.S.C. 331(ll))
prohibits the introduction or delivery for introduction into interstate
commerce of any food that contains a drug approved under section 505 of
the act (21 U.S.C. 355), a biological product licensed under section
351 of the Public Health Service Act (42 U.S.C. 262), or a drug or
biological product for which substantial clinical investigations have
been instituted and their existence has been made public, unless one of
the exemptions in section 301(ll)(1)-(4) applies. In our review of this
petition, FDA did not consider whether section 301(ll) of the act or
any of its exemptions apply to food products containing this color
additive. Accordingly, this final rule should not be construed to be a
statement that a product containing this color additive, if introduced
or delivered for introduction into interstate commerce, would not
violate section 301(ll) of the act. Furthermore, this language is
included in all color additive final rules that pertain to food and
therefore should not be construed to be a statement of the likelihood
that section 301(ll) of the act applies.

X. Objections

    This rule is effective as shown in the DATES section of this
document, except as to any provisions that may be stayed by the filing
of proper objections. Any

person who will be adversely affected by this regulation may at any
time file with the Division of Dockets Management (see ADDRESSES)
electronic or written objections. Each objection shall be separately
numbered, and each numbered objection shall specify with particularity
the provisions of the regulation to which objection is made and the
grounds for the objection. Each numbered objection on which a hearing
is requested shall specifically so state. Failure to request a hearing
for any particular objection shall constitute a waiver of the right to
a hearing on that objection. Each numbered objection for which a
hearing is requested shall include a detailed description and analysis
of the specific factual information intended to be presented in support
of the objection in the event that a hearing is held. Failure to
include such a description and analysis for any particular objection
shall constitute a waiver of the right to a hearing on the objection.
Three copies of all documents are to be submitted and are to be
identified with the docket number found in brackets in the heading of
this document. Any objections received in response to the regulation
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday. FDA will publish notice of the objections
that the agency has received or lack thereof in the Federal Register.

List of Subjects in 21 CFR Part 73

    Color additives, Cosmetics, Drugs, Foods, Medical devices.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, and
redelegated to the Director, Center for Food Safety and Applied
Nutrition, 21 CFR part 73 is amended as follows:

PART 73--LISTING OF COLOR ADDITIVES EXEMPT FROM CERTIFICATION

0
1. The authority citation for 21 CFR part 73 continues to read as
follows:

    Authority: 21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355,
361, 362, 371, 379e.

0
2. Section 73.37 is added to subpart A to read as follows:

Sec.  73.37  Astaxanthin dimethyldisuccinate.

    (a) Identity. (1) The color additive astaxanthin
dimethyldisuccinate is 3,3'-bis(4-methoxy-1,4-dioxobutoxy)-[bgr],[bgr]-
carotene-4,4'-dione.
    (2) Astaxanthin dimethyldisuccinate may be added to the fish feed
only as a component of a stabilized mixture. Color additive mixtures
for fish feed use made with astaxanthin dimethyldisuccinate may contain
only those diluents that are suitable and are listed in this subpart as
safe for use in color additive mixtures for coloring foods.
    (b) Specifications. Astaxanthin dimethyldisuccinate shall conform
to the following specifications and shall be free from impurities other
than those named to the extent that such impurities may be avoided by
good manufacturing practice:
    (1) Physical state, solid.
    (2) 0.05 percent solution in chloroform, complete and clear.
    (3) Absorption maximum wavelength 484-493 nanometers (in
chloroform).
    (4) Residue on ignition, not more than 0.1 percent.
    (5) Total carotenoids other than astaxanthin dimethyldisuccinate,
not more than 4 percent.
    (6) Lead, not more than 5 milligrams per kilogram (mg/kg) (5 parts
per million).
    (7) Arsenic, not more than 2 mg/kg (2 parts per million).
    (8) Mercury, not more than 1 mg/kg (1 part per million).
    (9) Heavy metals, not more than 10 mg/kg (10 parts per million).
    (10) Assay including astaxanthin dimethyldisuccinate, astaxanthin
monomethylsuccinate, and astaxanthin, minimum 96 percent.
    (c) Uses and restrictions. Astaxanthin dimethyldisuccinate may be
safely used in the feed of salmonid fish in accordance with the
following prescribed conditions:
    (1) The color additive is used to enhance the pink to orange-red
color of the flesh of salmonid fish.
    (2) The quantity of astaxanthin dimethyldisuccinate in the finished
feed, when used alone or in combination with other astaxanthin color
additive sources listed in this part 73, shall not exceed 110
milligrams per kilogram (mg/kg), which is equivalent to 80 mg/kg
astaxanthin (72 grams per ton).
    (d) Labeling requirements. (1) The labeling of the color additive
and any premixes prepared therefrom shall bear expiration dates for the
sealed and open container (established through generally accepted
stability testing methods), other information required by Sec.  70.25
of this chapter, and adequate directions to prepare a final product
complying with the limitations prescribed in paragraph (c) of this
section.
    (2) The presence of the color additive in finished fish feed
prepared according to paragraph (c) of this section shall be declared
in accordance with Sec.  501.4 of this chapter.
    (3) The presence of the color additive in salmonid fish that have
been fed feeds containing astaxanthin dimethyldisuccinate shall be
declared in accordance with Sec. Sec.  101.22(b), (c), and (k)(2), and
101.100(a)(2) of this chapter.
    (e) Exemption from certification. Certification of this color
additive is not necessary for the protection of the public health, and
therefore batches thereof are exempt from the certification
requirements of section 721(c) of the act.

    Dated: October 21, 2009.
Leslye M. Fraser,
Director, Office of Regulations, Policy and Social Sciences, Center for
Food Safety and Applied Nutrition.
[FR Doc. E9-26524 Filed 11-04-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: January 26, 2007 (Volume 72, Number 17)]
[Notices]
[Page 3897-3898]
[DOCID:fr26ja07-161]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55141; File No. SR-NYSEArca-2006-55]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval of Proposed Rule Change as
Modified by Amendments 1 and 2 Thereto Relating to Arbitration

January 19, 2007.
    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 September 5, 2006, the NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'' or ``SEC'') the proposed rule as described in Items I,
II and III below, which Items have been prepared by NYSE Arca. On
December 21, 2006, NYSE Arca amended the proposed rule change
(``Amendment 1'').\3\ NYSE Arca further amended the proposed rule
change on January 5, 2007 (``Amendment 2'').\4\ The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons and to approve the proposal on an accelerated
basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment 1 provided that the NYSE Arbitration Rules would
apply to all arbitrations filed with NYSE Arca after December 31,
2006, as well as made minor stylistic changes to the proposed rule
change.
    \4\ Amendment 2 provided that the NYSE Arbitration Rules would
apply to all arbitrations filed with NYSE Arca after January 31,
2007, as well as made a minor stylistic change to the proposed rule
change.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Rule 12 to permit the
arbitration rules of New York Stock Exchange, L.L.C. (NYSE Arbitration
Rules) to govern arbitrations filed with the Exchange. The text of the
proposed rule change is available on the Exchange's Web site (http://www.nysearca.com
), at the Exchange's principal office, 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, NYSE Arca included statements
concerning the purpose of and basis for the proposed rule and discussed
any comments it received on the proposed rule. The text of these
statements may be examined at the places specified in Item IV below.
The NYSE Arca 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 purpose of this proposed rule change is to amend NYSE Arca Rule
12 to permit all arbitrations filed with NYSE Arca after January 31,
2007, other than those arbitrations proposed to be specifically
excepted in the rule, to be governed by the NYSE Arbitration Rules. In
general, Rule 12, as proposed to be amended, would provide that any
dispute, claim or controversy arising out of or in connection with the
business of any Options Trading Permit Holder (``OTP Holders'') or OTP
Firm or arising out of the employment or termination of employment of
associated person(s) with any OTP Holder or OTP Firm may be arbitrated
under Rule 12 as proposed to be amended. The rule, however, would
except: (1) A dispute, claim, or controversy alleging employment
discrimination (including a sexual harassment claim) in violation of a
statute unless the parties have agreed to arbitrate it after the
dispute arose; and (2) any type of dispute, claim, or controversy that
is not permitted to be arbitrated under the NYSE Arbitration Rules,
such as class action claims.
    In addition, proposed Rule 12 would provide that the NYSE
Arbitration Rules would apply to predispute arbitration agreements
between NYSE Arca OTP Holders and OTP Firms and/or associated persons
and their customers. Also, proposed Rule 12 would provide that if any
matter comes to the attention of an arbitrator during and in connection
with the arbitrator's participation in a proceeding, either from the
record of the proceeding or from material or communications related to
the proceeding, that the arbitrator has reason to believe may
constitute a violation of the Exchange's rules or the federal
securities law, the arbitrator may refer the matter to NYSE Regulation,
Inc. for disciplinary investigation. With respect to payment of
arbitration awards, proposed Rule 12 would provide that any OTP Holder,
OTP Firm or associated person who fails to honor an award of
arbitrators appointed will be subject to disciplinary proceedings in
accordance with NYSE Arca Rule 10.
    Finally, proposed Rule 12 would provide that the submission of any
matter to arbitration would in no way limit or preclude the right,
action or determination by the Exchange that it would otherwise be
authorized to adopt, administer or enforce.
2. Statutory Basis
    The Exchange states that the proposed change is consistent with
Section 6(b)(5) of the Act \5\ in that it promotes just and equitable
principles of trade by ensuring that members and member organizations
and the public have a fair and impartial forum for the resolution of
their disputes.
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    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

III. 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 No. SR-NYSEArca-2006-55 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NYSEArca-2006-55. 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 20549-1090. Copies of such filing will also be available
for inspection and copying at the principal offices of NYSE Arca. 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 No. SR-NYSEArca-2006-55 and should be
submitted on or before February 16, 2007.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder, applicable to a national securities exchange.\6\ In
particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act \7\ in that it promotes just
and equitable principles of trade by ensuring that members and member
organizations and the public have a fair and impartial forum for the
resolution of their disputes.
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    \6\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
    \7\ 15 U.S.C. 78f(b)(5).
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    The Commission also believes that the proposed rule change raises
no issues that have not been previously considered by the Commission.
The proposed rule change will merely amend NYSE Arca Rule 12 to permit
the NYSE Arbitration Rules to govern the NYSE Arca's arbitrations,
except as specified in amended Rule 12. The NYSE Arbitration Rules have
previously been approved by the Commission.\8\
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    \8\ See 600 Series of the NYSE Rules.
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    After careful consideration, the Commission finds good cause,
pursuant to Section 19(b)(2) of the Act,\9\ for approving the proposed
rule change prior to the thirtieth day after the date of publication of
notice in the Federal Register. Granting accelerated approval will help
to expedite the integration of NYSE and NYSE Arca and remove
uncertainty that could arise through the application of multiple sets
of rules governing arbitrations in the NYSE forum. Accordingly, the
Commission believes that there is good cause, consistent with Section
6(b)(5) of the Act,\10\ to approve the proposal on an accelerated
basis.
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    \9\ 15 U.S.C. 78s(b)(2).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\11\ that the proposed rule change (SR-NYSEArca-2006-55), as
amended by Amendments 1 and 2, is hereby approved on an accelerated
basis.
---------------------------------------------------------------------------

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

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

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

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-1183 Filed 1-25-07; 8:45 am]

BILLING CODE 8011-01-P


                   UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Issued by the Department of Transportation on August 18, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2002-12843

__________________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of      American Airlines, Inc.    filed  5/10/2004 to:

XX  Renew exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between Los Angeles, California, and Tokyo, Japan.

Applicant reps:    Carl B. Nelson, Jr.<PHONE_NUMBER>     DOT Analyst:
Gerald Caolo<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted, subject to conditions (see below)

The above action was effective when taken:   August 18, 2004,  through
 August 18, 2006, or until 90 days after final Department action on
American’s corresponding certificate application in Docket
OST-1998-3419, whichever occurs earlier.

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX   The authority granted is consistent with the April 20, 1998
Memorandum of Understanding (MOU) between the United States and Japan.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:     	XX  Holder's
certificates of public convenience and necessity

	XX  Standard Exemption Conditions (attached)

	XX  The U.S.-Japan Memorandum of Understanding effective April 20, 1998

________________________________________________________________________
_________________

Remarks: The authority for which American Airlines requested renewal
expired July 17, 2004, but had been kept in force pursuant to the
provisions of the Administrative Procedure Act, 5 U.S.C. 558(c), as
implemented by 14 CFR Part 377, pending action on its timely-filed
renewal application.

________________________________________________________________________
_________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that

(1) our action was consistent with Department policy; (2) grant of the
exemption authority was consistent with the public interest; and (3)
grant of the authority would not constitute a major regulatory action
under the Energy Policy and Conservation Act of 1975.  To the extent not
granted, we denied all requests in the referenced Docket.  We may amend,
modify, or revoke the authority granted in this Notice at any time
without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 PAGE

 PAGE   3


[Federal Register: July 17, 2009 (Volume 74, Number 136)]
[Notices]
[Page 34834-34836]
[DOCID:fr17jy09-125]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60286; File No. SR-NYSEAmex-2009-43]

 Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Amex LLC to Extend the
Short Term Option Series Pilot Program

July 10, 2009.
    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 July 9, 2009, NYSE Amex LLC (``NYSE Amex'' or the ``Exchange'')
filed with the Securities and Exchange Commission the proposed rule
change as described in Items I and II below, which items have been
prepared by the self-regulatory organization. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 extend the Short Term Option Series Pilot
Program (``Pilot Program'') for an additional one-year period. The text
of the proposed rule change is attached as Exhibit 5 to the 19b-4 form.
A copy of this filing is available on the Exchange's Web site at http:/
/www.nyse.com, at the Exchange's principal office 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 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
    On July 12, 2005 the Commission approved the Pilot Program \3\ that
allows NYSE Amex to list and trade Short Term Options Series. Under the
terms of the Pilot Program, the Exchange can select up to five options
classes on which Short Term Option Series may be opened on any Short
Term Option Opening Date. The Exchange is also allowed to list Short
Term Option Series on any option class that is selected by other
securities exchanges that employ a similar Pilot Program under their
respective rules.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No.34-52014 (July 12,
2005), 70 FR 41244 (July 18, 2005) (approval order for SR-Amex-2005-
035).
---------------------------------------------------------------------------

    The purpose of this proposal is to extend the Pilot Program for a
one year period ending on July 12, 2010. The current Pilot Program
expires on July 12, 2009.\4\ The Exchange believes that Short Term
Option Series can provide investors with a flexible and valuable tool
to manage risk exposure, minimize capital outlays, and be more
responsive to the timing of events affecting the securities that
underlie option contracts. While NYSE Amex has not listed any Short
Term Option Series during the Pilot Program there has been continued
investor interest in trading short-term options at the Chicago Board
Options Exchange (``CBOE''). In order to have the ability respond to
customer interests if warranted, the Exchange proposes the continuation
of the Pilot Program at NYSE Amex.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 34-58084 (July 2,
2008), 73 FR 39743 (July 10, 2008), SR-Amex-2008-55 (Pilot Program
extension).
---------------------------------------------------------------------------

    In the original proposal to establish the Pilot Program the
Exchange stated that if it were to propose an extension or an expansion
of the program, the Exchange would submit, along with any filing
proposing such amendments to the program, a Pilot Program report
(``Report''). The Report would provide an analysis of the Pilot Program
covering the entire period during which the Pilot Program was in
effect. Since the Exchange does not have any Short Term Options Series
listed as part of the Pilot Program, there is no data available to
compile such a report at this time. Therefore there is no Report
associated with the program included with this proposal to extend the
pilot Program.
    The Exchange represents that it has the necessary system capacity
needed to support any additional option series listed under the Pilot
Program.
2. Statutory Basis
    The Exchange believes that Short Term Option Series can stimulate
customer interest in options and provide a flexible and valuable tool
to manage risk exposure, minimize capital outlays, and be more
responsive to the timing of events affecting the securities that
underlie option contracts. For these reasons, the Exchange believes the
proposed rule change is consistent with the Act and the rules and
regulations thereunder and, in particular, the requirements of section
6(b) of the Act. Specifically, the Exchange believes the proposed rule
change is consistent with the section 6(b)(5) \5\ requirements that the
rules of an exchange be designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and perfect the mechanism for a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78(f)(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

    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 after the date of the filing, or such
shorter time as the Commission may designate, if consistent with the
protection of investors and the public interest, it has become
effective pursuant to 19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6)
thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 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.
ISE has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the operative delay
to permit the proposed rule change to become operative prior to the
30th day after filing. The Commission has determined that waiving the
30-day operative delay of the Exchange's proposal is consistent with
the protection of investors and the public interest and will promote
competition because such waiver will allow the Exchange to continue the
existing Pilot Program without interruption.\8\ Therefore, the
Commission designates the proposal operative upon filing.
---------------------------------------------------------------------------

    \8\ 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-NYSEAmex-2009-43 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-NYSEAmex-2009-43. 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-NYSEAmex-2009-43 and should be submitted
on or before August 7, 2009.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-17012 Filed 7-16-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: April 15, 2009 (Volume 74, Number 71)]
[Notices]
[Page 17469-17470]
[DOCID:fr15ap09-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-111-000]

Texas Eastern Transmission, LP; Notice of Application

April 8, 2009.
    Take notice that on April 7, 2009, Texas Eastern Transmission, LP
(Texas Eastern), 5400 Westheimer Court, Houston, Texas 77056, filed in
the above referenced docket an application pursuant to section 7(b) of
the Natural Gas Act (NGA) and part 157 of the Commission's regulations,
for an order granting the authorization to abandon in place
approximately 25.43 miles of Line 3, consisting of 19.80 miles of 26-
inch pipeline and 5.63 miles of 20-inch pipeline, beginning at the
Summerfield Compressor Station at milepost (MP) 31.52 in Noble County,
Ohio, and ending at MP 56.95, approximately 160-feet upstream of the
Meter and Regulatory Station 70004/74040 in Monroe County, Ohio. In
addition, Texas Eastern proposes to remove a launcher barrel and
mainline valve at MP 51.31 located at a fenced valve site along the
25.43-mile segment of Line 3, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection. The filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site Web
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions concerning this application may be directed to Garth
Johnson, General Manager, Rates and Certificates, Texas Eastern
Transmission, LP, PO Box 1642, Houston, Texas 77251-1642, at (713) 627-
5415.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings

associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: April 29, 2009.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-8564 Filed 4-14-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 26, 2007 (Volume 72, Number 186)]
[Notices]
[Page 54702-54704]
[DOCID:fr26se07-122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56478; File No. SR-MSRB-2007-03]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Delay the Implementation of Amendments to Rule G-27 on
Supervision

September 20, 2007.
    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 September 14, 2007, the Municipal Securities Rulemaking Board
(``MSRB'' or ``Board''), filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II and III below, which Items have been prepared by the MSRB.
The MSRB has filed the proposal pursuant to section 19(b)(3)(A) of the
Act,\3\ and Rule 19b-4(f)(1) 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)(1).
---------------------------------------------------------------------------

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

    The MSRB is proposing to delay, until February 29, 2008,
implementation of the amendments to Rule G-27, on supervision, approved
in File Number SR-MSRB-2006-10, and which are scheduled to be
implemented on November 26, 2007. There are no new changes to the text
of Rule G-27 as amended. The text of the proposed rule change is
available on the MSRB's Web site (http://www.msrb.org), at the MSRB,

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 MSRB 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 MSRB has

prepared summaries, set forth in sections A, B, and C below, of the
most significant aspects of such statements.

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

1. Purpose
    On May 22, 2007, the Commission approved File Number SR-MSRB-2006-
10, which incorporated into Rule G-27 most of the requirements of NASD
Rules 3010 (Supervision) and 3012 (Supervisory Control System), to help
ensure a coordinated regulatory approach in the area of supervision and
to facilitate inspection and enforcement. The Commission also granted
the MSRB's request for a delayed effective date of November 26, 2007.
    Shortly after approval of the amendments, MSRB staff began
receiving inquiries from industry members indicating some confusion
over which type of principal is required based on the activities
conducted at branch offices and offices of supervisory jurisdiction.
The MSRB is currently reviewing the amendments to Rule G-27 in light of
these inquiries and anticipates publishing a notice in the near future
addressing the questions and concerns raised. Pending the completion of
such review and anticipated publication of further guidance in this
area, the MSRB has filed the proposed rule change for immediate
effectiveness to immediately delay, until February 29, 2008, the
implementation date of the recently approved amendments to Rule G-27,
which otherwise would be implemented on November 26, 2007.
2. Statutory Basis
    The MSRB believes that the proposed rule change is consistent with
section 15B(b)(2)(C) of the Act,\5\ which provides that the MSRB's
rules shall:
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78o-4(b)(2)(C).

    Be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect
to, and facilitating transactions in municipal securities, to remove
impediments to and perfect the mechanism of a free and open market
in municipal securities, and, in general, to protect investors and
---------------------------------------------------------------------------
the public interest.

    The MSRB believes that delaying the implementation date of the
recently approved amendments to Rule G-27 will give brokers, dealers
and municipal securities dealers the time needed to determine which, if
any, of their personnel must be registered as a principal (either a
municipal securities principal (Series 53) or a municipal fund
securities limited principal (Series 51)) based on the activities
undertaken at a branch office and/or office of supervisory
jurisdiction.

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

    The MSRB 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 MSRB has received two letters requesting guidance on Rule G-27,
as amended, from the College Savings Foundation and from Sutherland
Asbill & Brennan, LLP. These commentators raised certain substantive
questions regarding the application of the amendments. The MSRB is
currently reviewing the amendments to Rule G-27 in light of these
inquiries and anticipates publishing a notice in the near future
addressing the questions and concerns raised.\6\ The commentators also
requested that the MSRB delay the effective date of the amendments. The
MSRB believes that it would be appropriate to delay the implementation
of the amendments until February 29, 2008, in light of its pending
review of questions on the amendments, anticipated publication of
further guidance in this area, and desire to prevent firms from
expending unnecessary time and expense in registering as principals
certain people who may not need to be so registered.
---------------------------------------------------------------------------

    \6\ The MSRB believes that a notice should fully address such
questions and concerns. If, however, the MSRB concludes that a
notice is insufficient and that further rulemaking is necessary, the
MSRB will file a separate rule change with the Commission.
---------------------------------------------------------------------------

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

    The MSRB has designated this proposed rule change as constituting a
stated policy, practice or interpretation with respect to the meaning,
administration or enforcement of an existing MSRB rule under Section
19(b)(3)(A)(i) of the Act,\7\ and Rule 19b-4(f)(1) thereunder,\8\ which
renders the proposed rule change effective upon filing with the
Commission.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(i).
    \8\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

    At any time within 60 days of this filing, the Commission may
summarily abrogate this proposal 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.\9\
---------------------------------------------------------------------------

    \9\ See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-MSRB-2007-03 on the subject line.

Paper Comments:

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

All submissions should refer to File Number SR-MSRB-2007-03. 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 MSRB. 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-MSRB-2007-03 and should be submitted on or before
October 17, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-18957 Filed 9-25-07; 8:45 am]

BILLING CODE 8010-01-P