[Federal Register: October 29, 2010 (Volume 75, Number 209)]
[Rules and Regulations]
[Page 66653-66655]
[DOCID:fr29oc10-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0645; Directorate Identifier 2009-NM-200-AD;
Amendment 39-16483; AD 2010-22-04]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Corporation Model MD-
90-30 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. That AD currently requires a detailed
inspection for certain defects of the upper fasteners of the aft mount
support fittings of the left and right engines, and corrective actions
if necessary. This new AD requires repetitive replacement of the upper
row of fasteners of the support fittings of the engine aft mount with
new fasteners; and repetitive general visual inspections for defects of
the lower row fasteners (Row B) of the support fittings of the left and
right engine aft mounts, and replacement of all clearance fit fasteners
in the lower row if necessary. This AD was prompted by reports of
loose, cracked, or missing fasteners in the aft mount support fitting
of the left and right engines. We are issuing this AD to prevent loose,
cracked, or missing fasteners in the engine aft mount support fittings,
which could lead to separation of the support fittings from the pylon,
and could result in separation of the engine from the airplane.

DATES: This AD is effective December 3, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 3,
2010.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800 0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Roger Durbin, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede airworthiness

directive (AD) 2008-18-10, amendment 39-15667 (73 FR 52203, September
9, 2008). That AD applies to the specified products. The NPRM was
published in the Federal Register on July 1, 2010 (75 FR 38056). That
NPRM proposed to require repetitive replacement of the upper row of
fasteners (Row A) of the support fittings of the left and right engine
aft mount with new fasteners. That NPRM also proposed to require
repetitive general visual inspections for defects of the lower row
fasteners (Row B) of the support fittings of the left and right engine
aft mounts (that includes a gap check under the head or nut, and a
torque check), as necessary for defects of the lower row of fasteners
(Row B) of the support fittings of the left and right engine aft
mounts, and replacing all clearance fit fasteners in the lower row (Row
B) with new fasteners if any defect is found. Defects include missing,
loose, and damaged fasteners.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 13 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Replacement.....................  14 work-hour x $85  $152 per            $1,342 per          $17,446 per
                                   per hour = $1,190.  replacement.        replacement cycle.  replacement
                                                                                cycle.
Inspections.....................  4 work-hours x $85  $0................  $340 per            $4,420 per
                                   per hour = $340.                        inspection cycle.   inspection cycle.
----------------------------------------------------------------------------------------------------------------

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 have 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 removing airworthiness directive (AD)
2008-18-10, Amendment 39-15667 (73 FR 52203, September 9, 2008), and
adding the following new AD:

2010-22-04 McDonnell Douglas Corporation: Amendment 39-16483; Docket
No. FAA-2010-0645; Directorate Identifier 2009-NM-200-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 3,
2010.

Affected ADs

    (b) This AD supersedes AD 2008-18-10, Amendment 39-15667.

Applicability

    (c) This AD applies to McDonnell Douglas Corporation Model MD-
90-30 airplanes, certificated in any category, as identified in
Boeing Alert Service Bulletin MD90-54A003, Revision 2, dated
February 12, 2010.

Subject

    (d) Air Transport Association (ATA) of America Code 54:
Nacelles/Pylons.

Unsafe Condition

    (e) This AD results from reports of loose, cracked, or missing
fasteners in the aft mount support fitting of the left and right
engines. The Federal Aviation Administration is issuing this AD to
prevent loose, cracked, or missing fasteners in the engine aft
support mount fittings, which could lead to separation of the
support fittings from the pylon, and could result in separation of
the engine from the airplane.

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.

Replacement and Inspection

    (g) Except as required by paragraph (i) of this AD, at the
applicable time specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin MD90-54A003, Revision 2, dated
February 12, 2010: Replace the upper row of fasteners (Row A) of the
support fittings of the left and right engine aft mounts with new
fasteners, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin MD90-54A003, Revision 2, dated
February 12, 2010. Repeat the replacement thereafter at intervals
not to exceed 10,000 flight cycles.
    (h) Concurrently with any replacement required by paragraph (g)
of this AD: Perform a general visual inspection for defects of the
lower row fasteners (Row B) of the support fittings of the left and
right engine aft

mounts, in accordance with the Accomplishment Instructions of Boeing
Alert Service Bulletin MD90-54A003, Revision 2, dated February 12,
2010. Defects include missing, loose, and damaged fasteners.
    (1) If no defect is found during any general visual inspection
required by paragraph (h) of this AD, before further flight, insert
a 0.0015-inch feeler gauge between the washer and the structure, or
between the fastener head and structure, as applicable, to detect a
gap condition, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin MD90-54A003, Revision 2, dated
February 12, 2010. A gap condition is a defect identified in any
location where the feeler gauge can slip completely between a washer
or a fastener head and the structure.
    (i) If no defect is found during any gap check required by
paragraph (h)(1) of this AD, before further flight, apply torque to
the fasteners of the lower row (Row B) to determine if there is a
defect, in accordance with the Accomplishment Instructions of Boeing
Alert Service Bulletin MD90-54A003, Revision 2, dated February 12,
2010. A defect is any fastener that turns with the application of
the specified torque. If any defect is found, before further flight,
replace all clearance fit fasteners in the lower row (Row B), in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin MD90-54A003, Revision 2, dated February 12, 2010.
    (ii) If any defect is found during any gap check required by
paragraph (h)(1) of this AD, before further flight, replace all
clearance fit fasteners in the lower row (Row B), in accordance with
the Accomplishment Instructions of Boeing Alert Service Bulletin
MD90-54A003, Revision 2, dated February 12, 2010.
    (2) If any defect is found during any general visual inspection
required by paragraph (h) of this AD, before further flight, replace
all clearance fit fasteners in the lower row (Row B), in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin MD90-54A003, Revision 2, dated February 12, 2010.

Exception to Service Bulletin Compliance Times

    (i) Where Boeing Alert Service Bulletin MD90-54A003, Revision 2,
dated February 12, 2010, specifies a compliance time after the
original issue date on the service bulletin, this AD requires
compliance within the specified compliance time after the effective
date of this AD.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (j) Replacements and inspections accomplished before the
effective date of this AD in accordance with Boeing Alert Service
Bulletin MD90-54A003, Revision 1, dated November 17, 2009, are
considered acceptable for compliance with the corresponding actions
required by this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
    (2) Before using any approved AMOC, notify your Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Los Angeles ACO to
make those findings. For a repair method to be approved, the repair
must meet the certification basis of the airplane and 14 CFR 25.571,
Amendment 45, and the approval must specifically refer to this AD.

Related Information

    (l) For more information about this AD, contact Roger Durbin,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO,
3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562) 627-5233; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Material Incorporated by Reference

    (m) You must use Boeing Alert Service Bulletin MD90-54A003,
Revision 2, dated February 12, 2010, 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
Boeing Commercial Airplanes, Attention: Data & Services Management,
3855 Lakewood Boulevard, MC D800 0019, Long Beach, California 90846-
0001; telephone<PHONE_NUMBER>, extension 2; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
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 an NARA facility, call<PHONE_NUMBER>, or go to http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on October 13, 2010.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-26555 Filed 10-28-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Rules and Regulations]
[Pages 16790-16792]
[FR Doc No: 2013-06198]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0640, FRL-9791-2]

Approval and Promulgation of State Implementation Plans: Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is taking final action to approve revisions to Idaho's
State Implementation Plan (SIP) submitted by the Director of the Idaho
Department of Environmental Quality (IDEQ) on July 13, 2011, for
approval into the Idaho SIP. The submitted revisions relate to Idaho's
open burning and crop residue disposal requirements and establish a
streamlined permitting process for spot burns, baled agricultural
residue burns, and propane flaming. The submitted revisions also make
minor changes to the existing crop residue disposal rules to update
cross references and clarify certain administrative information. On
January 11, 2013, EPA proposed to approve these revisions into Idaho's
SIP. The EPA is taking final action to approve this submittal because
it satisfies the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on April 18, 2013.

ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R10-OAR-2011-0640. All documents in the
docket are listed on the http://www.regulations.gov Web site. Although
listed in the index, some information may not be publicly available,
i.e., Confidential Business Information or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air,
Waste, and Toxics, AWT-107, 1200 Sixth Avenue, Seattle, Washington
98101. The EPA requests that you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Donna Deneen at<PHONE_NUMBER>,
<EMAIL_ADDRESS>or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,''
``us,'' or ``our'' are used, it is intended to refer to the EPA.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    On July 13, 2013, the Director of the Idaho Department of
Environmental Quality submitted revisions to the Idaho SIP that relate
to Idaho's open burning and crop residue disposal requirements and
establish a streamlined permitting process for spot burns, baled
agricultural residue burns, and propane flaming. The submitted
revisions also make minor changes to the existing crop residue disposal
rules to update cross references and clarify certain

administrative information. In a proposed rule published on January 11,
2013, EPA proposed to approve these revisions to the Idaho SIP. 78 FR
2359. An explanation of the Clean Air Act requirements and implementing
regulations that are met by this SIP, a detailed explanation of the
revision, and EPA's reasons for approving it were provided in the
notice of proposed rulemaking on January 11, 2013, and will not be
restated here. The public comment period for this proposed rule ended
on February 11, 2013. EPA did not receive any comments on the proposal.

II. Final Action

    EPA is approving the July 13, 2011, SIP submittal from the State of
Idaho as meeting the requirements of the Clean Air Act.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 20, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.

    Dated: March 7, 2013.
Dennis J. McLerran,
Regional Administrator, Region 10.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart N--Idaho

0
2. Section 52.670(c), the table in paragraph (c) is amended:
0
a. By revising entries 617 and 618.
0
b. By revising entry 620.
0
c. By revising entries 622 through 623.
0
d. By adding in numerical order entry 624.

Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

                                                       EPA-Approved Idaho Regulations and Statutes
--------------------------------------------------------------------------------------------------------------------------------------------------------
          State citation                 Title/subject           State effective date               EPA approval date                  Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                          Idaho Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control of Air Pollution in Idaho
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
617..............................  Crop Residue.............  7/1/11, 4/2/08...........  3/19/13                                 .......................
                                                                                [Insert page number where the document
                                                                                begins]
618..............................  Permit By Rule...........  7/1/11, 4/2/08...........  3/19/13
                                                                                [Insert page number where the document
                                                                                begins]

                                                                      * * * * * * *
620..............................  Registration Fee.........  7/1/11, 4/2/08...........  3/19/13
                                                                                [Insert page number where the document
                                                                                begins]

                                                                      * * * * * * *
622..............................  General Provisions.......  7/1/11, 4/2/08...........  3/19/13
                                                                                [Insert page number where the document
                                                                                begins]
623..............................  Public Notification......  7/1/11, 4/2/08...........  3/19/13
                                                                                [Insert page number where the document
                                                                                begins]
624..............................  Spot Burn, Baled           7/1/11...................  3/19/13
                                    Agricultural Residue                                 [Insert page number where the document
                                    Burn, and Propane                                     begins]
                                    Flaming Permits.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2013-06198 Filed 3-18-13; 8:45 am]
BILLING CODE 6560-50-P


Comment Info: =================

General Comment:I smoked for 48 years.  When my husband suggested the e cigarette, I told him I would try it.  To my surprise I enjoyed it and did not miss cigarettes.  I started with nicotine in my e cigarette and slowly cut down so that now I am nicotine free for a year and a half.  I couldn't  have done it without being able to vape.  Please extend the comment  session to 180 days.

Thank you,


[Federal Register: August 15, 2006 (Volume 71, Number 157)]
[Notices]
[Page 46947-46952]
[DOCID:fr15au06-71]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54287; File No. SR-ISE-2006-48]

Self-Regulatory Organizations; International Securities Exchange,
Inc.; Notice of Filing of Proposed Rule Change Relating to the Adoption
of Rules To Govern its Electronic Trading System for Equities

August 8, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 4, 2006, the International Securities Exchange, Inc. (``ISE''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 1 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE proposes to adopt rules and amend existing ISE rules to
govern its new electronic trading system for equities, the ISE Stock
Exchange, LLC (``ISE Stock Exchange''), which will be an equity
exchange facility of the ISE. In addition, the ISE proposes to apply
certain of its options rules to the trading of equity securities on the
ISE Stock Exchange. The proposed rules address the electronic trading
of equities under Regulation NMS under the Act, and the rules and
regulations thereunder. The text of the proposed rules is available on
the Commission's Web site at http://www.sec.gov (under Self-Regulatory

Organization Rulemaking and National Market System Plans), on the ISE
Web site at http://www.iseoptions.com, at the principal office of the

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

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

    In its filing with the Commission, the 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
    Background. The Exchange is proposing to adopt a series of rules in
connection with its ISE Stock Exchange. The ISE Stock Exchange consists
of a new electronic trading system developed to trade equities
(``System''), which will be a facility of the ISE. The System will
provide for the electronic execution and display of orders as well as a
midpoint matching system. The class of members who will be eligible to
trade on the ISE Stock Exchange are electronic access members
(``EAMs'') that the ISE specifically authorizes to trade in the System
(``Equity EAMs''). Orders will be ranked in price-time priority
regardless of the identity of the entering Equity EAM. Executions on
the ISE Stock Exchange will take place automatically and immediately
upon order entry if trading interest is available. The System will
provide a routing service for orders when trading interest is not
present on the ISE Stock Exchange. The ISE Stock Exchange will not have
any market makers, only Equity EAMs who will provide liquidity to the
Exchange. The ISE Stock Exchange will be an order-driven marketplace.
There will be no market makers that are required to provide quotes.
    The proposed rules incorporate the trade-through rule of Regulation
NMS \3\ by requiring that, for any execution to occur on the Exchange
during regular trading hours,\4\ the price must be equal to, or better
than, any ``protected quotation'' within the meaning of Regulation NMS
(``Protected Bid or Protected Offer''), unless an exception to Rule 611
of Regulation NMS is available.\5\ ISE Stock Exchange proposes to
direct to away markets for execution all or a portion of the orders
that cannot be executed at the Protected Bid or Protected Offer on the
Exchange.\6\
    The Exchange previously filed with the Commission pursuant to Rule
19b-5 under the Act a Form PILOT to

commence operation of the Exchange's MidPoint Match System.\7\ Included
within the Form PILOT filing are rules governing trading in the
MidPoint Match System. The rules filed under Form PILOT, which have not
been approved by the Commission, are included in this filing for
Commission approval.
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    \3\ 17 CFR 242.611.
    \4\ The hours of business during which transactions may be made
on the ISE Stock Exchange are set forth in proposed ISE Rule 2102
and are referred to herein as ``regular trading hours.''
    \5\ See proposed ISE Rule 2107(c).
    \6\ See proposed ISE Rule 2107(d).
    \7\ See Form PILOT ISE-2006-01 (July 28, 2006).
---------------------------------------------------------------------------

    The Exchange has filed with the Commission pursuant to Rule 19b-4
under the Act a proposed rule change to establish the ISE Stock
Exchange, LLC as a facility (as defined in Section 3(a)(2) of the Act)
\8\ of the Exchange.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78c(a)(2).
    \9\ See Securities Exchange Act Release No. 54273 (August 3,
2006) (SR-ISE-2006-46).
---------------------------------------------------------------------------

    Trading Rules. The ISE proposes to adopt new Chapter 21, which will
be added to the Exchange's Rules, and to amend other rules to
accommodate the proposed new System. Although certain aspects of the
Exchange's Rules are incorporated by reference, as noted below, the
majority of the rules contained in proposed Chapter 21 are new.
    Operating Hours. Proposed ISE Rule 2102 provides for the ISE Stock
Exchange to operate during regular trading hours. Specifically, the
System will accept orders each day prior to the opening. ISE Stock
Exchange will open for trading each day for NYSE and Amex securities
once the primary market in that security opens on a primary trade
followed by a NBBO quote.\10\ The ISE Stock Exchange will open for
trading each day for Nasdaq securities with the first received NBBO
after 9:30 a.m. The ISE Stock Exchange will close at the same time as
the close of the regular trading session on the primary market.
---------------------------------------------------------------------------

    \10\ Proposed ISE Rule 2106(c) defines the primary market as the
listing market for a security. If a security is traded on both the
NYSE and the Amex, the primary market would be considered the NYSE.
If a security is listed on both the NYSE and Nasdaq, the NYSE would
be considered the primary market.
---------------------------------------------------------------------------

    Opening. ISE Stock Exchange will open based upon the opening of the
primary market for a security. When the primary market is either the
NYSE or the Amex, the opening trade will be executed at the midpoint of
the first reported NBBO subsequent to a reported trade on the primary
market. When the primary market is Nasdaq, the opening trade will be
executed at the midpoint of the first reported NBBO. All orders
eligible to trade at the midpoint will be processed in time sequence,
beginning with the oldest order. Matches will occur until there is no
remaining volume or there is an imbalance of orders. Following the
opening execution process in an individual security, all orders
remaining will be executed in accordance with the proposed ISE Rules,
discussed in more detail below. All other orders will be displayed on
the order book, canceled, or routed to other Trading Centers in
accordance with proposed ISE Rule 2107(d).
    Re-openings will be handled in the same manner as the opening, as
discussed above.
    Regular Trading Session. Once the opening occurs for individual
securities, ISE Stock Exchange will operate during regular trading
hours. All displayed orders will be automatically matched following
price and time priority as soon as they are entered in the order book.
Except as provided below, incoming orders will be executed at or within
the NBBO.
    Closing. The ISE Stock Exchange will cease accepting and executing
orders at the time the primary market closes.
    Newly Defined Terms. The Exchange is proposing to adopt new terms
as part of proposed Chapter 21 to accommodate the trading of equities
under Regulation NMS. In addition to the adoption of general terms
governing equity trading, the Exchange proposes to adopt terms specific
to Regulation NMS and trading thereunder.\11\ Specifically, the
Exchange is proposing to adopt the following definitions, each of which
has the same meaning as contained in Regulation NMS: ``Automated
Quotation,'' ``Automated Trading Center,'' ``Manual Quotation,''
``Protected Bid or Protected Offer,'' ``Protected Quotation,'' ``Trade-
Through,'' and ``Trading Center.''
---------------------------------------------------------------------------

    \11\ See proposed ISE Rule 2100(c).
---------------------------------------------------------------------------

    Eligible Securities and Eligible Orders. As set forth in proposed
ISE Rule 2101(a), the ISE Stock Exchange will trade equity securities
only pursuant to unlisted trading privileges (``UTP''). While the
proposed rules would allow the ISE Stock Exchange to trade common
stock, Commodity-Based Trust Shares, Currency Trust Shares, Partnership
Units, Trust Issued Receipts including those based on Investment
Shares, and Investment Company Units by either listing and/or trading
pursuant to UTP, in order to list equity securities on the Exchange,
the Exchange would first need to seek Commission approval and amend its
rules to comply with Rule 10A-3 under the Act and to incorporate
qualitative listing criteria.
    For orders entered into the ISE Stock Exchange, the minimum price
variation (``MPV'') is $0.01, with the exception of securities that are
priced less than $1.00 for which the MPV for order entry is
$0.0001.\12\
---------------------------------------------------------------------------

    \12\ The Exchange has committed to amend its proposed MPV rule
to conform with the language of Rule 612 of Regulation NMS under the
Act. The amended rule would read as follows: ``The minimum price
variation (``MPV'') for bids, offers, and orders that are displayed,
ranked or accepted on the ISE Stock Exchange is $0.01, with the
exception of bids, offers, and orders that are priced less than
$1.00, for which the MPV is $0.0001.'' Telephone conversation
between Laura Clare, Assistant General Counsel, ISE, and Nancy
Sanow, Assistant Director, Division of Market Regulation,
Commission, on August 7, 2006.
---------------------------------------------------------------------------

    The System will not execute odd lot orders. The System will accept
round lot orders and partial round lot (``PRL'') orders for execution.
Round lot orders will be executed in full when contra side interest is
present. The round lot portions of a PRL order will be executed when
contra side interest is present; the odd lot portion of the PRL order
will be cancelled upon completion of the last round lot execution of
the PRL order.
    To be eligible to enter routable orders into the ISE Stock
Exchange, Equity EAMs must, among other things, enter into a routing
agreement with the Outbound Routing Facility, as described below.\13\
Despite the existence of a routing agreement, if Equity EAMs do not
want certain orders routed to away Trading Centers, they may prohibit
routing by entering orders that are not eligible for routing by virtue
of the order type, as discussed below.
---------------------------------------------------------------------------

    \13\ See proposed ISE Rule 2105(d).
---------------------------------------------------------------------------

    The following order types are eligible for execution on the ISE
Stock Exchange:\14\
---------------------------------------------------------------------------

    \14\ See proposed ISE Rule 2104.
---------------------------------------------------------------------------

    The ISE Stock Exchange will accept Market Orders. A Market Order is
an order to buy or sell a stated amount of a security that is to be
executed immediately and automatically at the best available price(s)
when the order reaches the ISE Stock Exchange to the greatest extent
possible without causing a Trade-Through. Any unexecuted shares of a
Market Order may be routed in whole or in part to other Trading Centers
with Protected Quotations.
    The ISE Stock Exchange will accept a number of types of limited
priced orders. The System will accept Limit Orders. Limit Orders are
one-sided orders to buy or sell a stated quantity of a security at a
specified price or better. The System will also accept Reserve Orders.
Reserve Orders are limit orders with a portion of the size that is to
be displayed and a reserve portion of the size at the same price that
is not to be displayed, but is to be used to refresh the displayed size
when the displayed size is executed in full. Limit Orders and Reserve
Orders will be routable

unless otherwise marked as discussed below by an Equity EAM.
    Other limited-price orders include Fill-or-Kill (``FOK'') Orders,
Immediate-or-Cancel (``IOC'') Orders and Intermarket Sweep Orders
(``ISO''). IOC Orders are executed immediately and automatically
against existing orders on the System to the greatest extent possible
without causing a Trade-Through, and any unexecuted balance will be
canceled. Any Equity EAM may use an IOC Order to immediately and
automatically execute against the full size of the displayed quotation
on the System (including any undisplayed or reserve size available at
the price of the displayed quotation). As with all executions on the
ISE Stock Exchange, the System will immediately and automatically
transmit a response to the Equity EAM who sent the IOC Order indicating
the action taken with respect to the IOC Order. Additionally, the
System will immediately and automatically update its quotation as a
result of the execution.
    ISOs are executed immediately and automatically against existing
orders on the System at their executable price, in order of their
ranking, and the shares of the ISO not so executed will be
cancelled.\15\ An ISO will be executed on the ISE Stock Exchange
without regard to any Protected Quotations.
---------------------------------------------------------------------------

    \15\ The ISE Stock Exchange intends the ISO Order to be
equivalent to the Intermarket Sweep Order defined in Rule 600(b)(30)
of Regulation NMS under the Act.
---------------------------------------------------------------------------

    The System will accept the following orders to be handled on the
ISE Stock Exchange, without routing to another Trading Center: IOC
Order, FOK Order, Not Routable Order and Post Only Order.\16\ FOK
Orders are to be executed in their entirety or cancelled upon receipt.
Not Routable Orders are limit orders that are to be executed in whole
or in part upon receipt, and if not fully executed, displayed on the
ISE Stock Exchange, as long as the order would not be executable
against a Protected Quotation.\17\ Post Only Orders are limit orders
that are to be displayed on the ISE Stock Exchange upon receipt or
cancelled if they are executable upon entry, either on the ISE Stock
Exchange or at another Trading Center.
---------------------------------------------------------------------------

    \16\ See proposed ISE Rules 2107(b)(2)(i), (ii), (iii), (iv),
respectively.
    \17\ See proposed ISE Rule 2112.
---------------------------------------------------------------------------

    The System also will accept Pegged Orders.\18\ Pegged Orders are
limit orders to buy or sell a stated amount of a security at a
displayed price set to track the current NBBO. The tracking of the
relevant NBBO for Pegged Orders will occur on a real-time basis. If the
calculated price for the Pegged Order would exceed its limit price, it
will no longer track and will remain displayed at its limit price.
---------------------------------------------------------------------------

    \18\ See proposed ISE Rule 2104(j).
---------------------------------------------------------------------------

    The System will accept Midpoint Match (``MPM'') Orders.\19\ MPM
Orders are unpriced orders to buy or sell a stated quantity of an
Equity Security at the midpoint of the NBBO. A MPM Order may be entered
with a boundary price, and the System will not execute such order
outside of the boundary price. Any boundary price must be in whole
penny increments.
---------------------------------------------------------------------------

    \19\ See proposed ISE Rule 2128.
---------------------------------------------------------------------------

    Order Routing. When the ISE Stock Exchange does not have interest
at the NBBO, it will offer a routing service for Equity EAMs. Certain
order types, including Market Orders and Limit Orders, are eligible to
be routed.\20\
---------------------------------------------------------------------------

    \20\ See proposed ISE Rule 2107(d).
---------------------------------------------------------------------------

    Market Orders and Limit Orders Executable on the ISE Stock
Exchange. An IOC or ISO will automatically be sent to one or more
Trading Centers with a Protected Bid or Protected Offer that is better
than the ISE Stock Exchange quote for the lesser of the full displayed
size of the Protected Bid or Protected Offer or the balance of the
order. Any additional balance of the order will be executed on the ISE
Stock Exchange simultaneously. If the market is crossed, the order may
be executed as described below.
    Limit Orders Unexecutable on the ISE Stock Exchange. If display of
a limit order (or any balance thereof) on the ISE Stock Exchange would
lock or cross a Protected Bid or Protected Offer, an ISO order will
automatically be sent to one or more Trading Centers with a Protected
Bid or Protected Offer that would be locked or crossed by the display
of the order for up to the full displayed size of the Protected Bid or
Protected Offer. Any additional balance of the order will be displayed
on the ISE Stock Exchange immediately.
    Market Orders Unexecutable on the ISE Stock Exchange. An IOC will
automatically be sent to one or more Trading Centers with a Protected
Bid or Protected Offer for the full size of the market order that is
not executable on the ISE Stock Exchange.
    The following order types are, by their terms, never routed: FOK
Orders, IOC Orders, MPM Orders, Not Routable, and Post Only. The System
will not route orders to away quotations that are not Protected
Quotations, unless required by ISE Rules. Additionally, the System may
trade through the price of away quotations that are not Protected
Quotations.
    Priority of Orders. The ISE Stock Exchange will rank displayed
orders on the System in strict price-time priority.\21\ Orders are
ranked beginning with the highest priced orders to buy and the lowest
priced orders to sell. For the purposes of ranking, the System uses the
price at which the order is displayed.\22\ Within each price, orders
are ranked in time priority based on the time that an order is
displayed or ``updated'' at that price, except that the undisplayed
portion of the Reserve Orders will be ranked after all other orders and
displayed portions of Reserve Orders at the same price. Orders that are
updated or changed are ranked based on the time of change.
---------------------------------------------------------------------------

    \21\ See proposed ISE Rule 2107.
    \22\ According to the Exchange, Equity EAMs can choose to place
orders into MPM or into the displayed market. Orders placed into the
displayed market will be eligible, by default, to interact with MPM
Orders for purposes of gaining price improvement. Optionally, orders
in the displayed market can bypass MPM by being marked as No MPM.
The Exchange represented that it will amend the proposed rule change
to set forth more clearly how orders entered into the displayed
market would interact with MPM Orders. Telephone conversation among
Laura Clare, Assistant General Counsel, and Robert Books, ISE, and
Nancy Sanow, Assistant Director, and David Orlic, Special Counsel,
Division of Market Regulation, Commission, on August 8, 2006.
---------------------------------------------------------------------------

    Anonymity. Except as provided below, transactions executed on the
ISE Stock Exchange will be processed anonymously.\23\ This means that
the ISE Stock Exchange transaction reports will indicate the details of
the transaction, but will not reveal contra party identities.\24\ The
Exchange believes that post trade anonymity should benefit investors
because preserving anonymity until and after the settlement of a trade
should limit the potential market impact

that disclosing the Equity EAMs identity may have. Specifically, when
contra party identity is revealed, Equity EAMs may be able to detect
trading patterns and make assumptions about the potential direction of
the market based on the Equity EAM's presumed client base. For example,
if the Equity EAM handles large institutional orders and becomes an
active buyer in a security, others could anticipate such demand and
adjust their trading strategy accordingly. The Exchange believes that
this could result in increased costs. The Exchange believes that post-
trade anonymity should not compromise an Equity EAM's ability to settle
an erroneous trade, because under proposed ISE Rule 2127, the clearly
erroneous execution resolution process is coordinated by the Exchange,
without the need for contra parties to know each other's identities. By
masking the Equity EAM's identity, the Exchange believes it may help
Equity EAMs meet their best execution obligations by mitigating market
impact.\25\
---------------------------------------------------------------------------

    \23\ See proposed ISE Rule 2117.
    \24\ The ISE has submitted a request for a limited exemption
from paragraph (a)(2)(i)(A) of Rule 10b-10 under the Act on behalf
of Equity EAMs that execute trades on the ISE for their customers
and a request for no-action relief with respect to the corresponding
books and records requirements of Rules 17a-3 and 17a-4 under the
Act. Rule 10b-10, among other things, requires a broker-dealer to
disclose to its customers the identity of the party the broker-
dealer sold to, or bought from, to fill the customer's order. The
ISE Stock Exchange will not routinely reveal the identity of the
actual contra-party when the order is executed against another ISE
Equity EAM. Therefore, the Equity EAMs will not be able to comply
with the contra-party identification requirement of Rule 10b-10. To
permit Equity EAMs to utilize the ISE Stock Exchange without
violating Rule 10b-10, the Exchange is seeking an exemption, on
behalf of such Equity EAMs from the contra-party identification
requirement. Additionally, the Exchange has asked the Commission not
to recommend enforcement action for violations of the corresponding
books and records requirements of Rules 17a-3 and 17a-4 if, in lieu
of making and preserving a separate record, a broker-dealer relies
on the Exchange's retention of the identities of Equity EAMs that
execute anonymous trades on the ISE Stock Exchange.
    \25\ See Securities Exchange Act Release No. 49053 (January 12,
2004), 69 FR 2642, (January 16, 2004) (SR--PCX-2003-63) (notice of
filing and immediate effectiveness of proposed rule change by the
Pacific Exchange, Inc. relating to post-trade anonymity to its ETP
Holders).
---------------------------------------------------------------------------

    The Exchange only will reveal the identity of the Equity EAM or the
Equity EAM's clearing firm in the following circumstances: (1) For
regulatory purposes or to comply with an order of a court or
arbitrator; (2) when the National Securities Clearing Corporation
(``NSCC'') ceases to act for the Equity EAM or the Equity EAM's
clearing firm and NSCC determines not to guarantee the settlement of
the Equity EAM's trades; or (3) on risk management reports provided to
the contra party of the Equity EAM or Equity EAM's clearing firm each
day after 4 p.m. that discloses trading activity on an aggregate dollar
value basis. Also, the Exchange will reveal to an Equity EAM, no later
than the end of the day on the date an anonymous trade was executed,
when that Equity EAM submits an order that has executed against an
order submitted by that same Equity EAM.\26\
---------------------------------------------------------------------------

    \26\ See proposed ISE Rule 2117(d) and (e).
---------------------------------------------------------------------------

    To satisfy the Equity EAM's recordkeeping obligations under Rules
17a-3(a)(1) \27\ and 17a-4(a) under the Act,\28\ the ISE Stock Exchange
will, with the exception of those circumstances described below, retain
for the period specified in Rule 17a-4(a) the identity of each Equity
EAM that executes an anonymous transaction. In addition, Equity EAMs
will retain the obligation to comply with Rules 17a-3(a)(1) and 17a-
4(a) whenever they possess the identity of their contra party. In
either case, the information will be retained in its original form or a
form approved under Rule 17a-6 under the Act.\29\
---------------------------------------------------------------------------

    \27\ 17 CFR 240.17a-3(a)(1).
    \28\ 17 CFR 240.17a-4(a).
    \29\ 17 CFR 240.17a-6.
---------------------------------------------------------------------------

    Prevention of Trade-Throughs. The System is designed to
automatically prevent trade-throughs of Protected Quotations. The
System will accomplish this in two principal ways: (1) Through the use
of outbound routing for those orders that will be available to route;
and (2) by displaying orders at prices that would not cause a trade-
through when executed. Additionally, the System will take advantage of
various exceptions to Rule 611 of Regulation NMS under the Act.\30\ The
Exchange has proposed to adopt an exception (``self-help'') to allow
for the System to trade through a Protected Quotation displayed by a
Trading Center that is experiencing a failure, material delay, or
malfunction of its systems or equipment. The System may bypass those
Protected Quotations by: (1) Notifying the non-responding Trading
Center immediately after (or at the same time as) electing self-help;
and (2) assessing whether the cause of the problem lies with its own
systems and, if so, taking immediate steps to resolve the problem. ISOs
may, by definition, trade through Protected Quotations when the System
has simultaneously routed an intermarket sweep order to execute against
the full displayed size of that Protected Quotation. Additionally,
transactions executed while the Protected Quotations are crossed are
permissible.
---------------------------------------------------------------------------

    \30\ See proposed ISE Rule 2107(c).
---------------------------------------------------------------------------

    Locked and Crossed Markets. The ISE Stock Exchange will not
intentionally lock or cross any away Protected Quotations on another
Trading Center,\31\ except in certain circumstances. For instance, the
System may lock or cross an away Protected Quotation: (1) When a
Protected Bid is higher than a Protected Offer or (2) if the System has
first routed an order to that quotation and all better priced
quotations for their full displayed size.
---------------------------------------------------------------------------

    \31\ See proposed ISE Rule 2112.
---------------------------------------------------------------------------

    Clearly Erroneous Executions. Pursuant to proposed ISE Rule 2127,
an Equity EAM that receives an execution on an order that was submitted
erroneously to the ISE Stock Exchange for its own or customer account
may request that the Market Control, along with a member of the
regulatory staff, review the transaction under ISE Rule 2127(b) within
the time limits described therein. Market Control will review the
transaction with a view toward maintaining a fair and orderly market
and the protection of investors and the public interest. A member of
the regulatory staff will advise and participate in all steps of Market
Control's review of the transaction. Based upon this review, Market
Control will decline to ``break'' a disputed transaction if Market
Control believes that the transaction under dispute is not clearly
erroneous. However, if Market Control determines the transaction in
dispute is clearly erroneous, Market Control will declare that the
transaction is null and void or modify one or more terms of the
transaction. When adjusting the terms of a transaction, Market Control
will seek to adjust the price and/or size of the transaction to achieve
an equitable rectification of the error that would place the parties to
a transaction in the same position, or as close as possible to the same
position, as they would have been in had the error not occurred. For
purposes of the clearly erroneous rule, the terms of a transaction are
``clearly erroneous'' when there is an obvious error in any term, such
as price, number of shares or other unit of trading, or identification
of the security.
    Market Control may, on its own motion, review transactions on the
ISE Stock Exchange that arose during any disruption or malfunction in
the use or operation of any electronic communications or trading
facilities of the ISE Stock Exchange, or extraordinary market
conditions or other circumstances in which the nullification or
modification of transactions may be necessary for the maintenance of a
fair and orderly market or the protection of investors and the public
interest. Each Equity EAM will be notified as soon as practicable, and
the Equity EAM aggrieved by the action may appeal such action to the
Trade Panel.
    Access to the ISE Stock Exchange. The class of members who will be
eligible to trade on the ISE Stock Exchange are Equity EAMs. There are
no differences in access offered to different classes of members.
However, only Equity EAMs that use the Financial Information Exchange
(``FIX'') Protocol--as opposed to the Common Message Switch (``CMS'')
Protocol--will be able to receive information regarding Solicitations
of Interest, as discussed below.
    All current EAMs are eligible to become Equity EAMs. They will need
to certify that they have operational connectivity to the System. In
addition, they will have to pay any standard ISE Stock Exchange access
fees. Any broker-dealer that is not currently an EAM can

become an Equity EAM first by applying for EAM status through the
existing membership process and then by connecting to the ISE Stock
Exchange and paying any applicable fees. Such fees will be the same for
current and new EAMs seeking to become Equity EAMs. All Equity EAMs
also will need the ability to clear ISE Stock trades at DTCC, either by
self-clearing or through the use of a DTCC member.
    Outbound Routing Facility. In connection with the proposed changes
to the trading rules described above, the Exchange intends to have a
contractual relationship with a broker-dealer that will function solely
as the outbound routing facility (``ORF'') of the Exchange.\32\ ORF
will be both a member of the NASD and the ISE. ORF will provide an
optional routing service for the Exchange, in which ORF will route
orders from the Exchange to Trading Centers with Protected Quotations
or, when required, Manual Quotations through other brokers (``Access
Brokers'') that are members or participants of those Trading Centers.
As an Outbound Router, ORF will receive routing instructions from the
System, route orders to another Trading Center through an Access Broker
and be responsible for reporting resulting executions back to the
System, which in turn will report resulting executions back to the
Equity EAM. All orders routed through ORF will be subject to the
Exchange's rules. Use of the ORF is optional for Equity EAMs, as
discussed above.
---------------------------------------------------------------------------

    \32\ ORF is engaged solely in the business of acting as a
routing agent. Telephone conversation between Laura Clare, Assistant
General Counsel, ISE, and Nancy Sanow, Assistant Director, Division
of Market Regulation, Commission, on August 7, 2006.
---------------------------------------------------------------------------

    The Outbound Router function of ORF will operate as a facility (as
defined in Section 3(a)(2) of the Act) of the Exchange.\33\ As such,
the Outbound Router function of ORF is subject to the Commission's
continuing oversight. In particular, and without limitation, under the
Act, the Exchange is responsible for filing with the Commission
proposed rule changes and fees relating to the ORF Outbound Router
function, and ORF is subject to exchange non-discrimination
requirements.\34\
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78c(a)(2).
    \34\ 34 15 U.S.C. 78f(b)(6).
---------------------------------------------------------------------------

    Pursuant to Rule 17d-1 under the Act,\35\ where a member of the
Securities Investor Protection Corporation is a member of more than one
self-regulatory organization (``SRO''), the Commission will designate
to one of such organizations the responsibility for examining such
member for compliance with the applicable financial responsibility
rules.\36\ The SRO designation by the Commission is referred to as a
``Designated Examining Authority'' (``DEA''). As noted above, ORF will
apply to become a member organization of the Exchange, and a member of
the NASD. The NASD is an SRO not affiliated with the Exchange or its
affiliates and is a DEA pursuant to Rule 17d-1 under the Act.\37\ The
Exchange will also enter into a 17d-2 Agreement with the NASD to
delegate to the NASD all regulatory oversight and enforcement
responsibilities with respect to ORF pursuant to applicable laws.
---------------------------------------------------------------------------

    \35\ 17 CFR 240.17d-1.
    \36\ Pursuant to Rule 17d-1 under the Act, in making such
designation the Commission will take into consideration the
regulatory capabilities and procedures of the SROs, availability of
staff, convenience of location, unnecessary regulatory duplication,
and such other factors as the Commission may consider germane to the
protection of investors, the cooperation and coordination among
SROs, and the development of a national market system for the
clearance and settlement of securities transactions.
    \37\ 17 CFR 240.17d-1.
---------------------------------------------------------------------------

    The Exchange will establish and maintain procedures and internal
controls to restrict the flow of confidential and proprietary
information between the Exchange and its ORF and any other entity or
affiliate of the ORF.\38\ The books, records, premises, officers,
directors, agents, and employees of the ORF, as a facility of the
Exchange, shall be deemed to be the books, records, premises, officers,
directors, agents, and employees of the Exchange for purposes of and
subject to oversight pursuant to the Act. The books and records of the
ORF, as a facility of the Exchange, shall be subject at all times to
inspection and copying by the Exchange and the Commission.
---------------------------------------------------------------------------

    \38\ See proposed ISE Rule 2108.
---------------------------------------------------------------------------

    MidPoint Match. The MidPoint Match System is a mechanism of the ISE
Stock Exchange for trading common stocks and similar securities in a
continuous mid-point matching system.\39\ Equity EAMs will be able to
enter unpriced orders into the MidPoint Match System.\40\
---------------------------------------------------------------------------

    \39\ See proposed ISE Rule 2128.
    \40\ See supra note 22 regarding interaction of orders entered
into the displayed market with MPM Orders.
---------------------------------------------------------------------------

    In entering an order, a member must specify: the security; whether
it is a buy or sell order; and the number of shares the member seeks to
buy or sell. Although unpriced, members also may specify a boundary
price above which they will not buy (or below which they will not
sell). The System will continuously monitor buy and sell orders in the
System and will execute orders at the mid-point of the NBBO as long as
the execution does not violate the boundary price on an order.
    When entering an order, a member can specify what, if any,
information the system should disseminate:
    (1) The member can specify that the system not disseminate any
information regarding the order (``Standard Order''); or
    (2) The member can specify that the system disseminate that there
is a pending order in a particular security, but without identifying
whether it is a buy or sell order (a ``Solicitation of Interest'' or
``SOI'').
    The System will reject an SOI (but not a Standard Order) with a
boundary price that is not then currently executable. Upon arrival of
an SOI, the System will immediately generate a single broadcast
internally to all Equity EAMs that have programmed to accept this
message announcing the arrival of the order. An Equity EAM entering an
SOI may not cancel that SOI for five seconds. In addition, if an SOI is
not executed within ten seconds, the SOI will convert into a Standard
Order.
    Because MPM will execute all trades at the mid-point of the NBBO,
the MidPoint Match System never will execute a trade outside of the
NBBO. In addition, the system will not execute a trade if the quotation
for a security is ``crossed,'' with the best national bid being greater
than the best national offer; in that situation, the system will
suspend executions, since both buyers and sellers may be able to
receive executions in other markets at prices better than the NBBO
midpoint. If the quotation is ``locked,'' with the best national bid
equaling the best national offer, the system will execute all trades at
the locked price.
    Other Rule Changes. Proposed Rules 2122 (Investment Company Unit),
2123 (Trust Issued Receipts), 2124 (Commodity-Based Trust Shares), 2125
(Currency Trust Shares), and 2126 (Partnership Units) are proposed
rules to permit the trading of derivative products on the ISE Stock
Exchange. While these proposed rules would allow the ISE Stock Exchange
to trade Commodity-Based Trust Shares, Currency Trust Shares,
Partnership Units, Trust Issued Receipts including those based on
Investment Shares, and Investment Company Units by either listing and/
or trading pursuant to UTP, the Exchange will only trade these products
pursuant to UTP. In order to list such products on the Exchange, the
Exchange would first need to seek Commission approval and amend its
applicable rules.

    Proposed ISE Rule 2117 (Settlement Through Clearing Corporations)
adds provisions governing the settlement and clearing of equities.
    Proposed ISE Rules 2113 (Long and Short Sales) and 2114 (Doing
Business With the Public) have been filed separately.\41\
---------------------------------------------------------------------------

    \41\ See File Nos. SR-ISE-2006-42 (filed on July 25, 2006) and
SR-ISE-2006-41 (filed on July 25, 2006), respectively.
---------------------------------------------------------------------------

    The following Rules have been incorporated from the Exchange's
options rules: ISE Rule 100 (Definitions) is being expanded to include
equities in the following definitions: bid, clearing corporation, offer
and order; ISE Rule 500 (Designation of Securities) is being amended to
accommodate for the newly adopted rules in Chapter 21; ISE Rules 702
and 703 (Trading Halts and Trading Halts Due to Extraordinary Market
Volatility, respectively) are being amended to account for halting
trading in equity securities. In addition, the Exchange proposes to
apply certain of its options rules to the trading of equity securities
on the ISE Stock Exchange, as set forth in Appendix A to proposed
Chapter 21 of the ISE Rules.
2. Statutory Basis
    ISE believes the proposal is consistent with the requirements of
the Act and the rules and regulations promulgated thereunder that are
applicable to a national securities exchange, and in particular, with
Section 6(b) of the Act.\42\ ISE believes that the proposal is
consistent with Section 6(b)(5) of the Act,\43\ in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, 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.
In particular, the ISE believes that the proposal is designed to enable
it to promote competition in the trading of equity securities through
establishing a new marketplace.
---------------------------------------------------------------------------

    \42\ 15 U.S.C. 78f(b).
    \43\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments on this proposal from members,
participants, or others.

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

    Within 35 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 Exchange consents, the Commission will:
    A. By order approve the 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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-ISE-2006-48 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-ISE-2006-48. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of 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-ISE-2006-48 and should be submitted on or before
September 5, 2006.
---------------------------------------------------------------------------

    \44\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\44\
Nancy M. Morris,
Secretary.
 [FR Doc. E6-13335 Filed 8-14-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 75, Number 5 (Friday, January 8, 2010)]
[Notices]
[Page 1050]
[FR Doc No: X10-210108]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF10-1-000]

Western Area Power Administration; Notice of Filing

December 30, 2009.
    Take notice that on December 16, 2009, the Deputy Secretary of the
Department of Energy submitted Rate Order No. WAPA-146, confirmed and
approved on an interim basis, effective on January 1, 2010, Rate
Schedule L-F9 for firm electric service from the Loveland Area
Projects, and under the authority vested in the Federal Energy
Regulatory Commission by Delegation Order No. 00-037.00, submitted Rate
Schedule L-F9 for confirmation and approval on a final basis effective
January 1, 2010, and ending December 31, 2014.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 pm Eastern Time on January 15, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-58 Filed 1-7-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 3, 2010 (Volume 75, Number 148)]
[Proposed Rules]
[Page 45583-45584]
[DOCID:fr03au10-23]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R02-RCRA-2010-0249; FRL-9178-7]

New York: Incorporation by Reference of State Hazardous Waste
Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA proposes to revise the codification of New York's
authorized hazardous waste program which is set forth in the
regulations entitled ``Approved State Hazardous Waste Management
Programs'', New York's authorized hazardous waste program. EPA will
incorporate by reference into the Code of Federal Regulations (CFR)
those provisions of the State regulations that are authorized and that
EPA will enforce under the Solid Waste Disposal Act, as amended and
commonly referred to as the Resource Conservation and Recovery Act
(RCRA).

DATES: Send your written comments by September 2, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
RCRA-2010-0249, by one of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
    [cir] E-mail<EMAIL_ADDRESS>    [cir] Fax:<PHONE_NUMBER>.
    [cir] Mail: Send written comments to Michael Infurna, Division of
Environmental Planning and Protection, EPA, Region 2, 290 Broadway,
22nd Floor, New York, NY 10007.
    [cir] Hand Delivery or Courier: Deliver your comments to Michael
Infurna, Division of Environmental Planning and Protection, EPA, Region
2, 290 Broadway, 22nd Floor, New York, NY 10007. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The public is advised to call in advance to verify the business hours.
Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R02-RCRA-
2010-0249. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information

claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
http://www.regulations.gov, or e-mail. The Federal http://
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through http://www.regulations.gov, your
e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties, and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters or any form of
encryption, and be free of any defects or viruses. (For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/dockets/).
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy. You can view and copy
the records related to this codification effort in the EPA Region 2
Library by appointment only. To make an appointment please call (212)
637-3185.

FOR FURTHER INFORMATION CONTACT: Michael Infurna, Division of
Environmental Planning and Protection, EPA Region 2, 290 Broadway, 22nd
floor, New York, NY 10007; telephone number<PHONE_NUMBER>; fax number:
(212) 637-4377; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
this Federal Register, the EPA is codifying and incorporating by
reference the State's hazardous waste program as a direct final rule.
EPA did not make a proposal prior to the direct final rule because we
believe these actions are not controversial and do not expect comments
that oppose them. We have explained the reasons for this codification
and incorporation by reference in the preamble to the direct final
rule. Unless we get written comments which oppose this incorporation by
reference during the comment period, the direct final rule will become
effective on the date indicated, and we will not take further action on
this proposal. If we get comments that oppose these actions, we will
withdraw the direct final rule and it will not take effect. We will
then respond to public comments in a later final rule based on this
proposal. You may not have another opportunity for comment. If you want
to comment on this action, you must do so at this time.
    For additional information, please see the direct final rule
published in the ``Rules and Regulations'' section of this Federal
Register.

    Dated: April 27, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2010-18928 Filed 8-2-10; 8:45 am]
BILLING CODE 6560-50-P


USEPA Clean Air Act 111(d) Rulemaking:

Non-Applicability of Rulemaking to

Municipal Power Plants in Orrville and Hamilton, Ohio

Overview:

USEPA’s Proposed Clean Air Act Section 111(d) Rulemaking (“Proposed
111(d)”) includes an appendix that identifies units in each state that
have been deemed subject to the Proposed 111(d) for purposes of
developing baseline calculations.

Units located at the municipal power plants in both Orrville and
Hamilton, Ohio have been inappropriately included this USEPA appendix.

Explanation:

The preamble to the Proposed 111(d) states that in order to be defined
as an “affected source” for purposes of application of the Proposed
111(d), the source must “sell the greater of 219,000 MWh per year and
one-third of its potential electrical output to a utility distribution
system….”

The text of the Proposed 111(d), defines an “affected source” as
being “constructed for the purpose of supplying one-third or more of
its potential electric output and more than 219,000 MWh net-electric
output to a utility distribution system on an annual basis.”

Note, the preamble and the text of the Proposed 111(d) are inconsistent
as to the triggering criteria (i.e. “sell” versus “constructed for
the purpose of supplying”).

Applying either triggering criteria, the municipal units at the Orrville
(Units 10, 11) and Hamilton (Units 7, 8) power plants are not affected
sources for purposes of the Proposed 111(d) because the units neither
were constructed for the purpose of supplying nor sell more than 219,000
MWh per year or one-third or more of potential electric output.

As such, Hamilton and Orrville request that the units be removed from
USEPA’s baseline and excluded from any future proposals or state
implementation plans.

Questions?

Contact Jeff Brediger Orrville Utilities Director of Utilities
HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>330-684-5012

and Kevin Maynard City of Hamilton Director of Electric   HYPERLINK
<EMAIL_ADDRESS><EMAIL_ADDRESS>513-785-7208


[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Page 51464]
[FR Doc No: 2018-22183]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-3343]

Advisory Committee; Dermatologic and Ophthalmic Drugs Advisory
Committee, Renewal

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; renewal of advisory committee.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
renewal of the Dermatologic and Ophthalmic Drugs Advisory Committee by
the Commissioner of Food and Drugs (the Commissioner). The Commissioner
has determined that it is in the public interest to renew the
Dermatologic and Ophthalmic Drugs Advisory Committee for an additional
2 years beyond the charter expiration date. The new charter will be in
effect until October 7, 2020.

DATES: Authority for the Dermatologic and Ophthalmic Drugs Advisory
Committee will expire on October 7, 2018, unless the Commissioner
formally determines that renewal is in the public interest.

FOR FURTHER INFORMATION CONTACT: LaToya Bonner, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-
796-9001, email: [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to 41 CFR 102-3.65 and approval by
the Department of Health and Human Services pursuant to 45 CFR part 11
and by the General Services Administration, FDA is announcing the
renewal of the Dermatologic and Ophthalmic Drugs Advisory Committee
(the Committee). The Committee is a discretionary Federal advisory
committee established to provide advice to the Commissioner.
    The Committee advises the Commissioner or designee in discharging
responsibilities as they relate to helping to ensure safe and effective
drugs for human use and, as required, any other product for which FDA
has regulatory responsibility.
    The Committee reviews and evaluates available data concerning the
safety and effectiveness of marketed and investigational human drug
products for use in the treatment of dermatologic and ophthalmic
disorders and makes appropriate recommendations to the Commissioner.
    The Committee shall consist of a core of nine voting members
including two Chairpersons. Members and the Chairpersons are selected
by the Commissioner or designee from among authorities knowledgeable in
the fields of dermatology, ophthalmology, internal medicine, pathology,
immunology, epidemiology or statistics, and other related professions.
Members will be invited to serve for overlapping terms of up to 4
years. Almost all non-Federal members of this committee serve as
Special Government Employees. The core of voting members may include
one technically qualified member, selected by the Commissioner or
designee, who is identified with consumer interests and is recommended
by either a consortium of consumer-oriented organizations or other
interested persons. In addition to the voting members, the Committee
may include one non-voting member who is identified with industry
interests.
    Further information regarding the most recent charter and other
information can be found at https://www.fda.gov/AdvisoryCommittees/CommitteesMeetingMaterials/Drugs/DermatologicandOphthalmicDrugsAdvisoryCommittee/ucm094782.htm or by
contacting the Designated Federal Officer (see FOR FURTHER INFORMATION
CONTACT).
    In light of the fact that no change has been made to the committee
name or description of duties, no amendment will be made to 21 CFR
14.100.
    This document is issued under the Federal Advisory Committee Act (5
U.S.C. app.). For general information related to FDA advisory
committees, please check https://www.fda.gov/AdvisoryCommittees/default.htm.

    Dated: October 4, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-22183 Filed 10-10-18; 8:45 am]
 BILLING CODE 4164-01-P