[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Notices]
[Pages 1980-1983]
[FR Doc No: 2016-00568]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76857; File No. SR-CBOE-2016-003]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Related to Limit Order Price Protections for
Stock-Option Orders

January 8, 2016.
    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 January 5, 2016, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Exchange filed the proposal as a ``non-controversial''
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b-4(f)(6) thereunder.\4\ 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\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 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 seeks to amend Exchange rules related to limit order
price protections for stock-option orders. The text of the proposed
rule change is provided below.

(additions are italicized; deletions are [bracketed])
* * * * *
Chicago Board Options Exchange, Incorporated
Rules
* * * * *
Rule 6.12. CBOE Hybrid Order Handling System
    This rule describes the process for routing orders through the
Exchange's order handling system in classes designated for trading on
the CBOE Hybrid System. The order handling system is a feature within
the Hybrid System to route orders for automatic execution, book entry,
open outcry, or further handling by a broker, agent, or PAR Official,
in a manner consistent with Exchange Rules and the Act (e.g., resubmit
the order to the Hybrid System for automatic execution, route the order
from a booth to a PAR workstation, cancel the order, contact the
customer for further instructions, and/or otherwise handle the order in
accordance with Exchange Rules and the order's terms.).
    (a) Orders may route through the order handling system for
electronic processing in the Hybrid System or to a designated order
management terminal or PAR Workstation in any of the circumstances
described below. Routing designations may be established based on
various parameters defined by the Exchange, order entry firm or Trading
Permit Holder, as applicable.
* * * * *
    (5) Limit Order Price Parameter for Stock-Option Orders: Limit
orders received after a series is opened will be cancelled if the order
is priced at a net debit that is more than an acceptable tick distance
above the opposite side derived net market using the Exchange's best
bid or offer in the individual series leg and the national best bid or
offer of the stock component comprising the stock-option order or the
order is priced at a net credit that is more than an acceptable tick
distance below the opposite side derived net market based on the
Exchange's best bid or offer in the individual series leg and the
national best bid or offer of the stock component comprising the stock-
option order.
    For purposes of this subparagraph (a)(5): An ``acceptable tick
distance'' (which is also referred to as an ``ATD''), as determined by
the Exchange on a class by class and net premium basis and announced to
the Trading Permit Holders via Regulatory Circular, shall be no less
than 5 minimum net price increment ticks for stock-option orders. The
Exchange may determine on a class by class basis and announce via
Regulatory Circular whether to apply paragraph (a)(5) to immediate-or-
cancel complex orders. The limit order price parameter will take
precedence over another routing parameter to the extent that both are
applicable to an incoming limit order.
    [(5)] (6) Direct Routing: Orders may route directly from an order
entry firm for electronic processing or to an order management terminal
or a PAR workstation based on parameters prescribed by the order entry
firm.
    [(6)] (7) System Disruptions or Malfunctions: Orders will route to
an order management terminal designated by the order entry firm or
Trading Permit Holder, or a terminal designated and maintained by the
Exchange as a

back-up to order entry firms' and Trading Permit Holders' designated
order management terminals, in the event of certain system disruptions
or malfunctions that affect the ability of orders to reach or be
processed at their intended designation.
* * * * *
    . . . Interpretations and Policies:
    .01 For purposes of subparagraphs (a)(3), [and] (4) and (5): the
senior official on the Exchange Help Desk or two Floor Officials may
grant intra-day relief by widening or inactivating one or more of the
applicable ATD parameter settings in the interest of a fair and orderly
market.
* * * * *
    The text of the proposed rule change is also available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to amend Rule 6.12--CBOE Hybrid Order
Handling System in order to institute limit order price protections for
stock-option orders.
Background
    The CBOE Hybrid System \5\ is a trading platform that allows
automatic executions to occur electronically and open outcry trades to
occur on the floor of the Exchange. To operate in this ``hybrid''
environment, the Exchange has made available to Trading Permit Holders
(``TPHs'') a dynamic order handling system, also referred herein as
OHS, that has the capability to route orders to the Hybrid System for
automatic execution and book entry, to PAR workstations located in the
trading crowds for open outcry and other manual handling by TPHs and
Exchange PAR Officials, and/or to other order management terminals
generally located in booths on the trading floor for manual handling.
Where an order is routed for processing by the Exchange order handling
system depends on various parameters configured by the Exchange and the
order entry firm itself. Thus, the OHS provides TPHs with some
flexibility to determine how to process their orders in the CBOE Hybrid
System.
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    \5\ The CBOE ``Hybrid System'' or ``Hybrid Trading System''
refers to the Exchange's trading platform that allows Market-Makers
to submit electronic quotes in their appointed classes. The ``Hybrid
3.0 Platform'' is an electronic trading platform on the Hybrid
Trading System that allows one or more quoters to submit electronic
quotes which represent the aggregate Market-Maker quoting interest
in a series for the trading crowd. Classes authorized by the
Exchange for trading on the Hybrid Trading System shall be referred
to as Hybrid classes. Classes authorized by the Exchange for trading
on the Hybrid 3.0 Platform shall be referred to as Hybrid 3.0
classes. References to ``Hybrid,'' ``Hybrid System,'' or ``Hybrid
Trading System'' in the Exchange's Rules shall include all platforms
unless otherwise provided by rule. See, e.g., Rule 1.1(aaa).
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    In February 2015, the Exchange adopted Rule 6.12 to, among other
things, describe existing OHS operations.\6\ One of the operations
described in Rule 6.12 is the Exchange's limit order price parameter
for complex orders.\7\ The limit order price parameter is a price
protection parameter that helps mitigate potential risks associated
with orders executing at potentially erroneous prices. However, the
limit order price parameter applied to complex orders does not apply to
stock-option orders.\8\
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    \6\ Securities Exchange Act Release No. 74351 (February 23,
2015), 80 FR 10738 (February 27, 2015) (SR-CBOE-2015-021).
    \7\ See Rule 6.12(a)(4).
    \8\ Rule 6.12(4)(i) and (ii) explicitly excludes stock-option
orders from the limit order price protections applicable to complex
orders.
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Proposal
    The Exchange seeks to adopt limit order price protections
applicable to stock-option orders. To that end, the Exchange proposes
to add the following provisions to Rule 6.12:
     Limit Order Price Parameter for Stock-Option Orders: Limit
orders received after a series is opened will be cancelled \9\ if the
order is priced at a net debit that is more than an acceptable tick
distance above the opposite side derived net market using the
Exchange's best bid or offer in the individual series leg and the
national best bid or offer of the stock component comprising the stock-
option order or the order is priced at a net credit that is more than
an acceptable tick distance below the opposite side derived net market
based on the Exchange's best bid or offer in the individual series leg
and the national best bid or offer of the stock component comprising
the stock-option order.\10\ For purposes of this subparagraph (a)(5):
An ``acceptable tick distance'' (which is also referred to as an
``ATD''), as determined by the Exchange on a class by class and net
premium basis and announced to the Trading Permit Holders via
Regulatory Circular, shall be no less than 5 minimum net price
increment ticks for stock-option orders.\11\ The Exchange may determine
on a class by class basis and announce via Regulatory Circular whether
to apply paragraphs (a)(5) to immediate-or-cancel complex orders. The
limit order price parameter will take precedence over another routing
parameter to the extent that both are applicable to an incoming limit
order. In addition, the senior official on the Exchange Help Desk or
two Floor

Officials may widen or inactivate the applicable ATD parameter settings
on an intra-day basis in the interest of a fair and orderly market.
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    \9\ Although the current limit order price check parameter for
simple and complex orders provides that orders not meeting the price
check parameter are routed to an order management terminal
(``OMT''), the Exchange believes market participants prefer such
orders not be routed to an OMT. The Exchange also believes order
entry firms have sophisticated technology that allows the firms to
manage their orders, including orders rejected or cancelled by the
Exchange. The proposal essentially provides that an order may be
cancelled and sent back to the order entry firm's order management
system instead of the Exchange's order management system (i.e.,
OMT).
    \10\ The Exchange notes that this proposal does not affect
stock-option orders entered prior to the opening of a series
(including before a series is opened following a halt). Stock-option
orders entered prior to the opening of a series (including before a
series is opened following a halt) are entered into the complex
order book and do not flow through this limit order price protection
after the series is opened.
    \11\ See CBOE Regulatory Circular RG13-145 for the current price
check parameters, which is available at http://www.cboe.com/publish/RegCir/RG13-145.pdf. The senior official in the Help Desk or two
Floor Officials may also widen or inactivate one or more of these
price check parameters on an intra-day basis in the interest of a
fair and orderly market. For example, if an underlying stock is high
priced or volatile and is experiencing significant price movement
and the existing parameters would result in an inordinate number of
limit orders not being accepted, the senior official in the Help
Desk may determine to widen the parameters on an intra-day basis in
the overlying or related options series. As another example, if the
overall market is experiencing significant volatility, the senior
official in the Help Desk or two Floor Officials may determine to
widen the parameters for a group of series or classes. The Exchange
notes that these examples are non-exhaustive and for illustrative
purposes only. (For example, see also CBOE Regulatory Circular RG14-
019, which is available at http://www.cboe.com/publish/RegCir/RG14-019.pdf and which sets forth limit order price parameters settings
for certain option classes on volatility index product settlement
days.) The Exchange also notes that it may determine for the
parameters to differ among classes and between pre-open and intra-
day.
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    The Exchange believes this proposal will help the maintenance of
fair and orderly markets and help to mitigate potential risks
associated with orders executing at potentially erroneous prices.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\12\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \13\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \14\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ Id.
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    In particular, the Exchange believes these routing parameters
assist with the maintenance of fair and orderly markets and help to
mitigate potential risks associated with orders executing at
potentially erroneous prices. Furthermore, the Exchange believes the
proposed rule change furthers the objective of Section 6(b)(5) of the
Act in that it permits the Exchange to address the entry stock-option
limit orders that are priced significantly away from the market that
may likely have resulted from human or operational error. By being able
to quickly and efficiently address orders that likely resulted from
such error, the proposed use of the limit order price parameter checks
would promote a fair and orderly market. Additionally, by having the
flexibility to determine the series or classes where the limit order
price parameter checks would be applied (or not applied) and the levels
at which the ATD settings would be applied, and to grant relief on an
intra-day basis, the Exchange is able to effectively structure and
efficiently react to particular option characteristics and market
conditions--including (without limitation) price, volatility, and
significant price movements--which contributes to its ability to
maintain a fair and orderly market. Accordingly, the Exchange believes
that this proposal is designed to promote just and equity principles of
trade, remove impediments to, and perfect the mechanism of, a free and
open market.

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that the
proposed rule change will promote competition in that the routing
parameters assist with the maintenance of a fair and orderly market and
help to mitigate potential risks associated with orders executing at
potentially erroneous prices. The Exchange believes this, again,
promotes fair and orderly markets, as well as assists the Exchange in
its ability to effectively attract order flow and liquidity to its
market, and ultimately benefits all CBOE TPHs and all investors. Thus,
the Exchange does not believe the proposal creates any significant
impact on competition.

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

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

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

    Because the foregoing proposed rule change does not:
    A. Significantly affect the protection of investors or the public
interest;
    B. impose any significant burden on competition; and
    C. 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 \15\ and
Rule 19b-4(f)(6) \16\ thereunder. At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission will institute proceedings to determine whether the proposed
rule change should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2016-003 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2016-003. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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-CBOE-2016-003 and should be submitted on
or before February 4, 2016.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-00568 Filed 1-13-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 10, 2009 (Volume 74, Number 68)]
[Notices]
[Page 16444]
[DOCID:fr10ap09-130]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance with certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

National Railroad Passenger Corporation (Amtrak)

[Waiver Petition Docket Number FRA-2009-0022]

    Amtrak seeks to modify the terms and conditions of a permanent
waiver of compliance granted to operate TALGO trainsets in the Pacific
Northwest, over the Cascades Service route between Vancouver, British
Columbia, Canada, and Portland, Oregon, by adding General Electric (GE)
P32-8 and P40/42 locomotives to this service.
    Amtrak currently operates TALGO trainsets powered by General Motors
Electromotive Division F59PH locomotives over BNSF trackage between
Portland, OR, and Blaine, WA, at speeds up to 79 miles per hour and
cant deficiency up to but not exceeding six inches. Amtrak lacks
sufficient F59PH locomotives to provide effective service without
interruption due to required inspection and repair cycles. Therefore,
Amtrak is requesting permission from FRA to utilize GE P32-8 and P40/42
locomotives, which were static lean tested in 1991 and 1993
respectively, and meet the requirements of 49 CFR 213.57 Elevation in
Curves for four inches cant deficiency. Also, based on the current
unloading criteria specified in this section that no wheel of the
equipment unloads to a value less than 60% of its static value, the
static lean test results indicated a maximum safe cant deficiency
operation of up to ten inches for the P40/42 locomotive and eight
inches for the P32-8 locomotive. Further, Amtrak recently demonstrated
and received approval for five inch cant deficiency operation of these
GE locomotives on Amtrak's Northeast Corridor (NEC) and Harrisburg, PA,
routes.
    With FRA's approval, Amtrak is proposing to demonstrate the
suitability and safety of using these GE locomotives with TALGO
trainsets by conducting two end-to-end route tests between Portland,
OR, and Blaine, WA. This will confirm correspondence with the dynamic
test results obtained during the recent NEC dynamic testing of GE
locomotives, as well as demonstrate the safe dynamic performance of
these locomotives at speeds in curves that generate up to six inches
cant deficiency. Amtrak has submitted a Test Plan for FRA approval. The
dynamic test includes use of accelerometers placed on the carbody and
trucks of each GE locomotive in order to continuously measure the
steady-state and dynamic response of the locomotives to the track
alignment and track geometry deviations over the entire route at
timetable speeds.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2009-0022) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC, on April 3, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
 [FR Doc. E9-8180 Filed 4-9-09; 8:45 am]

BILLING CODE 4910-06-P


11544 Federal Register / Vol. 68, No. 47 / Tuesday, March 11, 2003 / Notices Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure ( 18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. All such motions or protests should be filed on or before the comment date, and, to the extent applicable, must be served on the applicant and on any other person designated on the official service list. This filing is available for review at the Commission or may be viewed on the Commission's Web site at http:// www. ferc. gov , using the `` FERRIS'' link. Enter the docket number excluding the last three digits in the docket number filed to access the document. For assistance, contact FERC Online Support at FERCOnlineSupport@ ferc. gov or tollfree at ( 866) 208   3676, or for TTY, contact ( 202) 502   8659. Protests and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001( a)( 1)( iii) and the instructions on the Commission's Web site under the `` e Filing'' link. The Commission strongly encourages electronic filings.

Magalie R. Salas, Secretary. [ FR Doc. 03   5702 Filed 3   10   03; 8: 45 am]

BILLING CODE 6717   01   P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Transfer of License and Soliciting Comments, Motions To Intervene, and Protests March 4, 2003. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. Application Type: Transfer of License. b. Project No.: 2533   031. c. Date Filed: February 12, 2003. d. Applicants: Potlatch Corporation ( Transferor) and Missota Paper Company, LLC ( Transferee). e. Name of Project: Brainerd Hydroelectric Project. f. Location: Located on the Mississippi River, in Crow Wing County, Minnesota. The project does not utilize federal or tribal lands. g. Filed Pursuant to: Federal Power Act, 16 U. S. C. 791( a)   825( r). h. Applicants Contacts: Mr. John Tormey, Chadbourne & Parke LLP, 1200 New Hampshire Avenue, NW., Suite 300, Washington, DC 20036, ( 202) 974   5670 ( Transferor); Mr. Stephen C. Palmer, Swidler Berlin Shereff Friedman, LLP, 3000 K Street, NW., Suite 300, Washington, DC 20007, ( 202) 424   7500 ( Transferee) i. FERC Contact: Regina Saizan, ( 202) 502   8765. j. Deadline for filing comments and or motions: March 18, 2003. Please file an original and eight copies with: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001( a)( 1)( iii) and the instructions on the Commission's Web site under the `` e Filing'' link. The Commission strongly encourages electronic filings. Please include the project number ( P   2533   031) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all interveners filing a document with the Commission to serve a copy of that document on each person in the official service list for the project. Further, 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. k. Description of Transfer: The applicants seek Commission approval to transfer the license for the Brainerd Hydroelectric Project from Potlatch Corporation to Missota Paper Company, LLC. The purpose of the transfer is to allow the mill associated with the project to continue operations and to preserve the associated jobs. l. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http:// www. ferc. gov using the `` FERRIS'' link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call toll free 1   866   208   3676 or e mail FERCOnlineSupport@ ferc. gov. For TTY, call ( 202) 502   8659. A copy is also available for inspection and reproduction at the addresses in item h. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. 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, .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. o. Filing and Service of Responsive Documents    Any filings must bear in all capital letters the title `` COMMENTS'', `` RECOMMENDATIONS FOR TERMS AND CONDITIONS'', `` PROTEST'', OR `` MOTION TO INTERVENE'', as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments   Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas, Secretary. [ FR Doc. 03   5658 Filed 3   10   03; 8: 45 am]

BILLING CODE 6717   01   P ENVIRONMENTAL PROTECTION AGENCY [ OW   2002   0060; FRL   7463   8]

Agency Information Collection Activities; Submission of EPA ICR No. 0234.08 ( OMB No. 2080   0021 to OMB for Review and Approval; Comment Request AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and VerDate Jan< 31> 2003 17: 02 Mar 10, 2003 Jkt 200001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 11MRN1. SGM 11MRN1 11545 Federal Register / Vol. 68, No. 47 / Tuesday, March 11, 2003 / Notices approval: Performance Evaluation Studies of Water and Wastewater Laboratories ( OMB Control No. 2080   0021, EPA ICR No. 0234.08) The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before April 10, 2003. ADDRESSES: Follow the detailed instructions in the SUPPLEMENTARY INFORMATION FOR FURTHER INFORMATION CONTACT: Ed Glick, Standards and Risk Management Division, Office of Ground Water and Drinking ( Mail Code 140), United States Environmental Protection Agency, USEPA Facilities, West Martin Luther King Drive, Cincinnati, OH 45268; telephone number: ( 513) 569   7939; fax number: ( 513) 569   7191; e mail address: glick. ed@ epa. gov. SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On July 8, 2002 ( 67 FR 45112), EPA sought comments on this ICR pursuant to 5 CFR 1320.8( d). No comments were received. EPA has established a public docket for this ICR under Docket ID No. OW   2002   0060, which is available for public viewing at the Water Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566   1744, and the telephone number for the Water Docket is ( 202) 566   2426. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice, and according to the following detailed instructions: ( 1) Submit your comments to EPA online using EDOCKET ( our preferred method), by e mail to OW   Docket@ epa. gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mailcode: 4101T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and ( 2) Mail your comments to OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget ( OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's Federal Register notice describing the electronic docket at 67 FR 38102 ( May 31, 2002), or go to http:// www. epa. gov/ edocket. Title: Performance Evaluation Studies of Water and Wastewater ( OMB Control No. 2080   0021, EPA ICR Number 0234.08). This is a request to renew an existing approved collection that is scheduled to expire on February 28, 2003. Under the OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. Abstract: Performance Evaluation ( PE) studies provide an objective demonstration that participating laboratories are capable of producing valid data for monitored pollutants. Participation in the Water Pollution ( WP) studies that relate to wastewater analyses and Water Supply ( WS) studies that relate to drinking water analyses are only mandated by the USEPA for those laboratories that receive federal funds to perform these analyses. However, states that certify laboratories for drinking water and wastewater analyses also often require successful participation in these studies for certification. Participation in the Discharge Monitoring Report Quality Assurance ( DMR   QA) studies is mandatory for those designated wastewater dischargers who are conducting self monitoring analyses required under a National Pollutant Discharge Elimination System ( NPDES) permit. EPA initiated these studies and originally administered them as part of the Agency's mandate to assure the quality of environmental monitoring data. Subsequently, all of these studies have been privatized. Private sector companies manufacture and distribute samples to the participating laboratories who then will submit their analytical results to these PE vendors for evaluation. The PE vendors then send evaluations of the submitted data to the laboratory and any other designated certifying/ accrediting authority. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/ or instrument, if applicable. Burden Statement: The annual public reporting and record keeping burden for this collection of information is estimated to average 9.7 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/ Affected Entities: Laboratories and PE Vendors. Estimated Number of Respondents: 17,168. Frequency of Response: Annually. Estimated Total Annual Hour Burden: 167,348 hours. Estimated Total Annual Cost: $ 8,252,000, which includes $ 0 annualized capital/ startup costs and $ 2,921,000 annual O& M costs. Changes in the Estimates: ( 1) Agency burden has been completely transferred to private sector. PE venders. ( 2) The PE Studies WSM and DMRQA TOX are no longer considered a part of this information collection, reducing the number of respondents and their corresponding burdens. ( 3) Participation in the DMR   QA PE study has decreased from an estimated average of 7000 to 6489 since the last renewal of this ICR, while the estimated average number of analytes measured in this study VerDate Jan< 31> 2003 17: 02 Mar 10, 2003 Jkt 200001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 11MRN1. SGM 11MRN1 11546 Federal Register / Vol. 68, No. 47 / Tuesday, March 11, 2003 / Notices increased from 9 to 14. ( 4) Participation in the WP PE study has increased from an estimated average of 5800 to 6470, and the average number of analytes decreased from 27 to 25. ( 5) The average number of analytes per participant in the WS PE study increased from 30 to 33. ( 6) The average cost per analyte charged by the PE venders was updated since the previous renewal of this ICR.

Dated: February 26, 2003. Oscar Morales, Director, Collection Strategies Division. [ FR Doc. 03   5745 Filed 3   10   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OECA   2003   0002; FRL   7463   9]

Agency Information Collection Activities; Submission of EPA ICR No. 1891.03 ( OMB No. 2060   0428) to OMB for Review and Approval; Comment Request AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and approval: NESHAP for Publicly Owned Treatment Works ( POTW) Facilities ( 40 CFR part 63, subpart VVV). ( OMB Control No. 2060   0428, EPA ICR No. 1891.03) The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before April 10, 2003. ADDRESSES: Follow the detailed instructions in the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: On the rule and technical questions: Bob Lucas, Emission Standards Division, Office of Air Quality Planning and Standards, Mail Code MD   13, ( 919) 541   0884, email address: lucas. bob@ epa. gov. For questions about this ICR contact Walter Brodtman, Office of Enforcement and Compliance Assurance, Mail Code 2224A U. S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202 564   4181; fax number: 202 564   0009; email address: brodtman. walter@ epa. gov. SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On June 20, 2002, EPA sought comments on this ICR pursuant to 5 CFR 1320.8( d). EPA received no comments. EPA has established a public docket for this ICR under Docket ID No. 2003   0002, which is available for public viewing at the Enforcement and Compliance Docket Information Center ( ECDIC) in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566   1744, and the telephone number for the ECDIC Docket is ( 202) 566   1752. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice, and according to the following detailed instructions: ( 1) Submit your comments to EPA online using EDOCKET ( our preferred method), by e mail to docket. oeca@ epa. gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mail code: 2201T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and ( 2) Mail your comments to OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget ( OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's Federal Register notice describing the electronic docket at 67 FR 38102 ( May 31, 2002), or go to www. epa. gov/ edocket. Title: NESHAP for Publicly Owned Treatment Works ( POTW) Facilities ( 40 CFR part 63, subpart VVV). ( OMB Control No. 2060   0428, EPA ICR Number 1891.03). This is a request to renew an existing approved collection that is scheduled to expire on February 28, 2003. Under the OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. Abstract: This ICR is prepared for a U. S. Environmental Protection Agency ( EPA) rulemaking developed under authority of section 112 of the Clean Air Act ( CAA). The rulemaking amends title 40, chapter I, part 63 of the Code of Federal Regulations ( CFR) by adding a new subpart VVV   National Emission Standards for Hazardous Air Pollutants from Publicly Owned Treatment Works ( POTW) Facilities. Hereafter, this subpart is referred to as the `` POTW NESHAP''. The POTW NESHAP includes standards for major sources of hazardous air pollutants ( HAP). Respondents are owners or operators of waste water treatment processes and operations in the POTW source category. All new sources must be in compliance with the POTW NESHAP upon startup or the promulgation date, whichever is later. Owners and operators of affected sources are subject to the requirements of 40 CFR part 63, subpart A, the General Provisions, unless the regulation specifies otherwise. For sources constructed or reconstructed after the effective date of the relevant standard, the POTW NESHAP requires that the source submit an application for approval of construction or reconstruction. The application is required to contain information on the air pollution control that will be used for each potential HAP emission point. The information in the initial notification and the application for construction or reconstruction will enable enforcement personnel to identify the number of sources subject to the standards and to identify those sources that are already in compliance. Generally, respondents are required to submit one time reports of ( 1) start of construction for new facilities and ( 2) anticipated and actual start up dates for VerDate Jan< 31> 2003 17: 02 Mar 10, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 11MRN1. SGM 11MRN1


[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Notices]
[Pages 33239-33241]
[FR Doc No: 2014-13455]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72311; File No. SR-NASDAQ-2014-058]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change to Amend IM-5900-7 to, Among
Other Things, Modify the Free Services Offered to Certain Newly Listing
Companies

June 4, 2014.
    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 May 27, 2014, The NASDAQ Stock Market LLC (``Nasdaq'') 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 Nasdaq. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Nasdaq proposes to amend IM-5900-7 to modify the services offered
to certain newly listing companies. Nasdaq will implement the proposed
rule upon approval. However, any company that applies to list on Nasdaq
before July 31, 2014, and lists before September 30, 2014, may elect to
instead receive services under the terms of the rule as in effect
before this amendment.\3\
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    \3\ Nasdaq will maintain, in its online rule book, a link to the
text of the rule as in effect before this amendment.
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    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    In December 2011, Nasdaq adopted a rule to provide complimentary
services to companies listing on the Nasdaq Global and Global Select
Markets in connection with an initial public offering, upon emerging
from bankruptcy, or in connection with a spin-off or carve-out from
another company (``Eligible New Listings'') and to companies that
switch their listing from the New York Stock Exchange to the Nasdaq
Global or Global Select Markets (``Eligible Switches'').\4\ Under this
rule, Eligible Switches with a market capitalization of $500 million or
more receive complimentary services for four years from the date of
their listing. All other Eligible Switches and Eligible New Listings
receive complimentary services for two years from the date of their
listing. In addition, Eligible Switches and Eligible New Listings with
a market capitalization of $500 million or more receive additional
services that companies with a market capitalization below $500 million
do not receive (the ``Additional Services'').\5\
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    \4\ Exchange Act Release No. 65963 (December 15, 2011), 76 FR
79262 (December 21, 2011) (SR-NASDAQ-2011-122, approving the
adoption of IM-5900-7) (the ``Prior Filing'').
    \5\ The Additional Services include extra licenses for Directors
Desk, additional press release distribution services and market
surveillance tools.
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    Based on Nasdaq's experience with the program, Nasdaq now proposes
to modify certain aspects of the program. First, Nasdaq proposes to
increase the threshold for an Eligible Switch or Eligible New Listing
to receive Additional Services from $500 million to $750 million or
more in market capitalization. Nasdaq believes that this higher
threshold better reflects the level where a company will most benefit
from the Additional Services, and will most likely continue to purchase
those services after the complimentary period has expired. In addition,
Nasdaq believes that the higher threshold will better reflect the type
of companies that, when listing on Nasdaq, will assist in Nasdaq's
efforts to attract and retain other listings. Nasdaq also proposes to
provide three years of services, instead of four, to Eligible Switches
with a market capitalization of $750 million or more.
    Next, based on customer usage and demand for services, Nasdaq
proposes to remove Directors Desk, an online board portal, from the
program and instead offer companies four interactive webcasts, which
can be used in connection with a company's quarterly earnings call. A
number of companies have expressed interest in interactive webcasts
during their discussions with Nasdaq and many purchase this service
from NASDAQ OMX Corporate Solutions. Furthermore, Nasdaq has observed
that companies offered the complimentary Directors Desk package may
decline to use it, or may only use a few of the available seats. As
such, Nasdaq believes that while the interactive webcasts may cost less
than Directors Desk, the expected increase in utilization by companies
could make this substitution more valuable to companies. Nasdaq also
proposes to change its offer for market analytic tools from four users
to two users. First, the price stated for four users is significantly
below the current retail price of that offering, and companies could
not renew the service for four users at that stated price. Nasdaq also
has observed that many companies contracted for four users of the
market analytic tools just because they were available, and not because
they were actually needed by the company, and these companies may not
be interested in continuing to pay for those users at the retail price
when the package expires.
    Nasdaq also proposes to update the retail values for individual
components and the total package in the rule text. These prices have
changed since the original adoption of the rule based on enhancements
to the services and as a result of the competitive environment in which
NASDAQ OMX Corporate Solutions operates.
    The cumulative effect of these changes would reduce the stated
annual value of the package from approximately $94,000 to approximately
$70,000 for companies with a market capitalization of up to $750
million and from approximately $169,000 to approximately $125,000 for
companies with a market capitalization of $750 million or more.\6\ The
stated annual value of the package available to Eligible New Listings
and Eligible Switches with a market capitalization between $500 million
and $750 million would change from approximately $169,000 to
approximately $70,000.
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    \6\ The prior value for each package is the amount currently
reflected in the rule text. The value of the proposed package is
based on retail prices as of May 2014.
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    Finally, since adopting this program, companies have needed time
after the listing date to complete the contracting process and training
for the service, and therefore were unable to start using

them until after their listing date. To address these situations,
Nasdaq proposes to remove the language in IM-5900-7 that now states the
complimentary period starts from the date of listing and add new
paragraph (d) to describe the start of the complimentary period. Under
the proposed rule, the complimentary period generally will begin on the
listing date. However, if a company first uses a service within 30 days
after the listing date, Nasdaq will use the date the company first uses
that particular service as the start of the complimentary period, in
order to help insure that eligible companies receive the full intended
benefit.\7\ If the company does not actually start using a service
within 30 days of its listing, the starting date of the period during
which the complimentary services could be used would begin on the date
of listing.\8\
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    \7\ The Commission notes that the proposed rule states that ``if
an Eligible New Listing or Eligible Switch begins to use a
particular service provided under [IM-5900-7] within 30 days after
the date of listing, the complimentary period for that service will
begin on the date of first use'' and ``in all other cases, the
period for each complimentary service shall commence on the listing
date.'' See proposed IM-5900-07(d).
    \8\ The proposed rule change would also modify the rule to
consistently call the elements of the offering ``services'' instead
of interchangeably using ``products'' and ``services''.
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    Nasdaq will implement the proposed rule upon approval. However,
companies near a listing or switch may have relied upon the services
described in the current rule in making their decision. As such, Nasdaq
will allow any company that applies before July 31, 2014, and lists
before September 30, 2014, to elect to receive services under the terms
of the rule as in effect before this amendment.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\9\ in general, and Sections
6(b)(4), 6(b)(5), and 6(b)(8), in particular, in that the proposal is
designed, among other things, to provide for the equitable allocation
of reasonable dues, fees, and other charges among Exchange members and
issuers and other persons using its facilities and to promote just and
equitable principles of trade, and is not designed to permit unfair
discrimination between issuers, and that the rules of the Exchange do
not impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In the Prior Filing, the
Commission determined that existing IM-5900-7 is consistent with these
provisions of the Act.\10\ The proposed rule change, which modifies the
packages available to companies and provides some additional
flexibility for companies to choose the starting date for the
complimentary services available under IM-5900-7, does not change that
conclusion.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ Exchange Act Release No. 65963, 76 FR at 79267.
---------------------------------------------------------------------------

    Nasdaq faces competition in the market for listing services,\11\
and it competes, in part, by offering valuable services to companies,
including services that ease the companies' transition to being public
or listed on a new exchange. Nasdaq believes that the changes to the
package, including the proposed substitution of webcasts for board
portal tools, and the increased flexibility surrounding the start date
of services will result in a more enticing package for potential new
listings, even though the individual value of the services offered may
be less, and therefore will enhance competition among listing
exchanges. Nasdaq also does not believe that any of these changes
impose an additional burden not necessary or appropriate in furtherance
of the purposes of the Act on the competition between NASDAQ OMX
Corporate Solutions and other service providers.
---------------------------------------------------------------------------

    \11\ The Justice Department has noted the intense competitive
environment for exchange listings. See ``NASDAQ OMX Group Inc. and
IntercontinentalExchange Inc. Abandon Their Proposed Acquisition Of
NYSE Euronext After Justice Department Threatens Lawsuit'' (May 16,
2011), available at http://www.justice.gov/atr/public/press_releases/2011/271214.htm.
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    The change to the services in the packages is not designed to
permit unfair discrimination. All listed companies receive services
from Nasdaq, including Nasdaq Online and the Market Intelligence Desk
and Nasdaq has justified why providing services to Eligible New
Listings and Eligible Switches is not unfairly discriminatory in the
Prior Filing. The proposed rule change would slightly reduce the value
of the additional services provided to larger Eligible New Listings and
Eligible Switches and therefore would reduce any discrimination between
larger and smaller companies.
    Nasdaq also believes that the proposed change to allow Additional
Services to Eligible New Listings and Eligible Switches with a market
capitalization of $750 million or more, instead of $500 million or
more, is not designed to permit unfair discrimination between issuers.
In the Prior Filing, Nasdaq noted that it offers more services to
larger companies because they need more and different governance,
communication and intelligence services and because attracting these
larger companies will likely bring greater future value to Nasdaq. The
proposed change from $500 million to $750 million reflects Nasdaq's
conclusion, based on its experience with the program, that this higher
threshold is appropriate to differentiate the companies that will most
benefit from the Additional Services and provide the most future value
to Nasdaq. As such, Nasdaq does not believe that this change unfairly
discriminates between issuers. In addition, the proposed change to
reduce the free services available to larger Eligible Switches from
four years to three years reduces an existing difference between
Eligible Switches and other Eligible New Listings, and therefore also
does not unfairly discriminate between issuers.
    Allowing companies up to 30 days after their listing to start using
the services is a reflection of Nasdaq's experience that it can take
companies a period of time to review and complete necessary contracts
and training for services following their listing. Allowing this modest
30 day period, if the company needs it, helps ensure that the company
will have the benefit of the full period permitted under the rule to
actually use the services, thereby enabling companies to receive the
full intended benefit. This change also more closely aligns Nasdaq's
treatment of these companies with other customers of NASDAQ OMX
Corporate Solutions, who do not receive or pay for services until they
are contracted. As such, the proposed change does not permit unfair
discrimination or impose a burden on competition.

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

    Nasdaq 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, as amended. As described in the
statutory basis section, above, the proposed rule change responds to
competitive pressures in the market for listings. Nasdaq believes that
the changes to the package and the increased flexibility surrounding
the start date of services will result in a more enticing package for
potential new listings, even though the individual value of the
services offered may be less, and therefore will enhance competition
among listing exchanges.
    In addition, the proposed rule change will result in fewer
companies receiving the Additional Services and shorten the

period for which some companies receive services, which may have the
result of enhancing competition with other listing venues and with
other service providers.
    Nasdaq does not believe that allowing companies up to an additional
30 days to begin their complimentary period will cause any burden on
competition. This change would only confer a short period prior to
using services for companies that have already determined where to list
and which services to use. In fact, a competing service provider could
continue to offer its services during that 30 day period, which would
enhance competition among service providers.
    Accordingly, Nasdaq does not believe the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:

A. By order approve or disapprove such proposed rule change, or

B. institute proceedings to determine whether the proposed rule change
should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml ); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2014-058 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-NASDAQ-2014-058. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of 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-NASDAQ-2014-058 and should
be submitted on or before July 1, 2014.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-13455 Filed 6-9-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Notices]
[Pages 72422-72423]
[FR Doc No: 2011-30163]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0002]

Tobacco Products Scientific Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). At least one
portion of the meeting will be closed to the public.
    Name of Committee: Tobacco Products Scientific Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on January 18, 2012, from 8
a.m. to 5 p.m., on January 19, 2012, from 8 a.m. to 5 p.m., and on
January 20, 2012, from 8 a.m. to 4 p.m.
    Location: Center for Tobacco Products, Food and Drug
Administration, 9200 Corporate Blvd., Rockville, MD 20850, 1 (877) 287-
1373.

    Contact Person: Caryn Cohen, Center for Tobacco Products, Food and
Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850, 1-(877)
287-1373 (choose option 4), email<EMAIL_ADDRESS>or FDA Advisory
Committee Information Line, 1-(800) 741-8138 ((301) 443-0572 in the
Washington, DC area), and follow the prompts to the desired center or
product area. Please call the Information Line for up-to-date
information on this meeting. A notice in the Federal Register about
last minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the Agency's Web site
and call the appropriate advisory committee hot line/phone line to
learn about possible modifications before coming to the meeting.
    Agenda: As part of the Tobacco Products Scientific Advisory
Committee's required report to the Secretary of Health and Human
Services, the committee will continue discussing issues related to the
nature and impact of the use of dissolvable tobacco products on the
public health, including such use among children. Discussion will
include such topics as the composition and characteristics of
dissolvable tobacco products, product use, potential health effects,
and marketing.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: On January 18, 2012, from 2 p.m. to 5 p.m., on January
19, 2012, from 8 a.m. to 5 p.m., and on January 20, 2012 from 8 a.m. to
4 p.m., the meeting is open to the public. Interested persons may
present data, information, or views, orally or in writing, on issues
pending before the committee. Written submissions may be made to the
contact person on or before January 4, 2012. Oral presentations from
the public will be scheduled between approximately 3 p.m. and 4 p.m. on
January 19, 2012. Those individuals interested in making formal oral
presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before December 27, 2011. Time allotted for each presentation may
be limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by December
28, 2011.
    Closed Committee Deliberations: On January 18, 2012, from 8 a.m. to
1 p.m., the meeting will be closed to permit discussion and review of
trade secret and/or confidential commercial information (5 U.S.C.
552b(c)(4)). This portion of the meeting must be closed because the
Committee will be discussing trade secret and/or confidential data
regarding products provided by the tobacco companies.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Caryn Cohen at least
7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: November 16, 2011.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2011-30163 Filed 11-22-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Rules and Regulations]
[Pages 55781-55783]
[FR Doc No: 2011-21622]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 /
Rules and Regulations

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1310; Directorate Identifier 2010-NM-067-AD;
Amendment 39-16786; AD 2011-18-04]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ 190 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    It has been reported during operational checks that some
failures of the Escape Slide * * * installed on the forward
passenger and service door have occurred which prevented the door
from opening.
    * * * [T]his condition * * * could delay an emergency evacuation
and increase the chance of injury to passengers and flight crew * *
*.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective October 14, 2011.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 14,
2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2848; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on January 13, 2011 (76
FR 2279). That NPRM proposed to correct an unsafe condition for the
specified products. MCAI Brazilian Airworthiness Directive 2009-11-01
states:

    It has been reported during operational checks that some
failures of the Escape Slide P/N [part number] 4A4030-2 and P/N
4A4030-4 installed on the forward passenger and service door have
occurred which prevented the door from opening.
    Since this condition * * * could delay an emergency evacuation
and increase the chance of injury to passengers and flight crew, a
corrective action is required.

MCAI Brazilian Airworthiness Directive 2009-08-02 states:

    It has been reported during operational checks some failures in
the deployment of the Escape Slide P/N 104003-1 installed in the
forward passenger and service door, preventing the door opening.
    Since this condition * * * could impede an emergency evacuation
and increase the chance of injury to passengers and flight crew, a
corrective action is required.

The required actions include modifying the escape slides of the forward
passenger and service doors, and doing borescope inspections for damage
of the aspirator body and inlet cross valve. Corrective actions include
replacing the aspirator body. You may obtain further information by
examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Delay the AD

    Goodrich requested that issuance of this AD be delayed until
further notice pending completion of their ongoing investigations into
the root cause of additional door stall events. The commenter
anticipates that a reduced overhaul cycle might be required to mitigate
future occurrences until a complete and final action is developed.
    We disagree with the request to delay the AD. To delay this action
would be inappropriate, in light of the identified unsafe condition. We
might consider additional rulemaking action, however, if we receive new
information indicating the need to change the AD. We have not changed
the AD in this regard.

Request To Expand the Applicability of the AD

    EMBRAER requested that post-modification part number (P/N) 4A4030-5
for the ERJ 170, and P/N 104003-2 for the ERJ 190, be included in the
Applicability, Actions, and Parts Installation paragraphs of the NPRM
(paragraphs (c), (g), and (i) respectively). The commenter made this
request in response to reports of door stall caused by the forward
escape slide of those part numbers post-modification using the version
of the Goodrich service information cited in the NPRM.
    We disagree with the request to add the part numbers. While we are
aware of the reports of door stall caused by the forward escape slides
with those other parts that had been modified per the Goodrich service
information cited in the NPRM, we understand that the root cause of the
door stall is still under investigation, as mentioned by the previous
commenter. Further, we choose to not delay issuance of the AD as
mentioned previously, because the known unsafe condition exists on the
part numbers specified in the NPRM. When that investigation is complete
we might take further rulemaking action. We have not changed the AD in
this regard.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 236 products of U.S.
registry. We also estimate that it will take about 12 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $85 per work-hour. Required parts will cost about $0 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $240,720, or $1,020 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will 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 AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 AD:

2011-18-04 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16786. Docket No. FAA-2010-1310; Directorate Identifier
2010-NM-067-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October
14, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Empresa Brasileira de Aeronautica S.A.
(EMBRAER) airplanes as identified in paragraphs (c)(1) and (c)(2) of
this AD, certificated in any category.
    (1) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD
airplanes; equipped with Goodrich escape slides having part number
(P/N) 4A4030-2 or P/N 4A4030-4.
    (2) Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -100 IGW
airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
airplanes; equipped with Goodrich escape slides having P/N 104003-1.

Subject

    (d) Air Transport Association (ATA) of America Code 25:
Equipment/furnishings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    It has been reported during operational checks that some
failures of the Escape Slide * * * installed on the forward
passenger and service door have occurred which prevented the door
from opening.
    * * * [T]his condition * * * could delay an emergency evacuation
and increase the chance of injury to passengers and flight crew * *
*.

Compliance

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

Actions

    (g) Within 18 months after the effective date of this AD, modify
the forward escape slide and do a borescope inspection of the
aspirator body and inlet cross valve, in accordance with the
Accomplishment Instructions of the Goodrich alert service bulletin
identified in paragraph (g)(1) or (g)(2) of this AD, as applicable.
Do all applicable corrective actions before further flight.
    (1) For any forward door escape slide having P/N 4A4030-2 or P/N
4A4030-4: Goodrich Alert Service Bulletin 4A4030-25A379, original,
dated August 10, 2009.
    (2) For any forward door escape slide having P/N 104003-1:
Goodrich Alert Service Bulletin 104003-25A380, Revision 2, dated
July 7, 2009.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (h) Actions accomplished before the effective date of this AD in
accordance with Goodrich Alert Service Bulletin 104003-25A380,
Revision 1, dated April 15, 2009, are considered acceptable for
compliance with the corresponding action specified in this AD.

Parts Installation

    (i) After 6 months from the effective date of this AD, no
airplane may operate with the forward door escape slide having P/N
4A4030-2 or P/N 4A4030-4 (for Model ERJ 170 airplanes), or P/N
104003-1 (for Model

ERJ 190 airplanes), on which 18 months or more has elapsed from the
slide date of manufacture (for slides that have not been repacked)
or the date of last slide repack (for slides that have been
repacked).

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Kenny Kaulia,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be e-mailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (k) Refer to MCAI Brazilian Airworthiness Directive 2009-11-01,
dated November 30, 2009; MCAI Brazilian Airworthiness Directive
2009-08-02, dated August 18, 2009; Goodrich Alert Service Bulletin
4A4030-25A379, original, dated August 10, 2009; and Goodrich Alert
Service Bulletin 104003-25A380, Revision 2, dated July 7, 2009; for
related information.

Material Incorporated by Reference

    (l) You must use Goodrich Alert Service Bulletin 4A4030-25A379,
original, dated August 10, 2009; or Goodrich Alert Service Bulletin
104003-25A380, Revision 2, dated July 7, 2009; as applicable; to do
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone
+55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; e-mail
<EMAIL_ADDRESS>Internet: http://www.flyembraer.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on August 12, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-21622 Filed 9-8-11; 8:45 am]
BILLING CODE 4910-13-P