[Federal Register: August 6, 2010 (Volume 75, Number 151)]
[Notices]
[Page 47601-47602]
[DOCID:fr06au10-82]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0199]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Administrative
Procedures for the Clinical Laboratory Improvement Amendments of 1988
Categorization

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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SUMMARY:  The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
September 7, 2010.

ADDRESSES:  To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0607.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Administrative Procedures for the Clinical Laboratory Improvement
Amendments of 1988 Categorization--(OMB Control Number 0910-0607;
Extension)

    A guidance document entitled ``Guidance for Administrative
Procedures for CLIA Categorization'' was released on May 7, 2008. The
document describes procedures FDA will use to assign the complexity
category to a device. Typically, FDA assigns complexity categorizations
to devices at the time of clearance or approval of the device. In this
way, no additional burden is incurred by the manufacturer since the
labeling (including operating instructions) is included in the 510(k)
or Premarket Application. In some cases, however, a manufacturer may
request CLIA categorization even if FDA is not

simultaneously reviewing a 510(k) or PMA. One example is when a
manufacturer requests that FDA assign CLIA categorization to a
previously cleared device that has changed names since the original
CLIA categorization. Another example is when a device is exempt from
premarket review. In such cases, the guidance recommends that
manufacturers provide FDA with a copy of the package insert for the
device and a cover letter indicating why the manufacturer is requesting
a categorization (e.g. name change, exempt from 510(k) review). The
guidance recommends that in the correspondence to FDA the manufacturer
should identify the product code and classification as well as
reference to the original 510(k) when this is available. The number of
respondents is approximately 60. On average, each respondent will
request categorizations (independent of a 510(k) or PMA) 15 times per
year. The cost, not including personnel, is estimated at $52 per hour
(52 x 900) totaling $46,800. This includes the cost of copying and
mailing copies of package inserts and a cover letter, which includes a
statement of the reason for the request and reference to the original
510(k) numbers, including regulation numbers and product codes. The
burden hours are based on FDA familiarity with the types of
documentation typically included in a sponsor's categorization
requests, and costs for basic office supplies (e.g. paper). The costs
have been updated based on the Bureau of Labor Statistics estimates of
inflation.
    In the Federal Register of May 4, 2010 (75 FR 23781), FDA published
a 60-day notice requesting public comment on the proposed collection of
information. No comments were received.

                                                     Table 1.--Estimated Annual Reporting Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total Operating &
                42 CFR Section                       No. of       Annual Frequency    Total Annual      Hours per       Total Hours        Maintenance
                                                  Respondents       per Response       Responses        Responses                            Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
42 CFR 493.17                                                60                 15              900                1              900            $46,800
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs associated with this collection of information.

    Dated: August 2, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-19358 Filed 8-5-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Notices]
[Page 26188]
[DOCID:fr08my08-147]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2008-18]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before May 28, 2008.

ADDRESSES: You may send comments identified by Docket Number FAA-2008-
0379 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jan Thor, ANM-113,<PHONE_NUMBER>,
Federal Aviation Administration, 1601 Lind Avenue, SW., Renton, WA
98057-3356, or Frances Shaver,<PHONE_NUMBER>, Office of Rulemaking
(ARM-1), Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on May 2, 2008.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2008-0380.
    Petitioner: Bombardier Aerospace, Shorts Brothers plc.
    Section of 14 CFR Affected: Sec.  26.11.
    Description of Relief Sought: Bombardier Aerospace requests
exemption from the requirements to develop and make available to
affected persons Electrical Wiring Interconnection System (EWIS)
instructions for continued airworthiness for their Shorts Brothers plc
Model SD3-30 aircraft. Although the SD3-30 aircraft is covered by the
applicability of this regulation, there are no SD3-30 aircraft being
operated under part 121 regulations.

[FR Doc. E8-10251 Filed 5-7-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Rules and Regulations]
[Pages 64711-64714]
[FR Doc No: 2012-25782]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0856; Directorate Identifier 2010-NM-117-AD;
Amendment 39-17224; AD 2012-21-08]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain The Boeing Company Model 737-600, -700, -700C, -800, and -
900 series airplanes. That AD currently requires installing and testing
an updated version of the operational program software (OPS) of the
flight control computers (FCCs). This new AD requires an inspection for
part numbers of the operational program software of the flight control
computers, and corrective actions if necessary. This AD was prompted by
reports of undetected erroneous output from a single radio altimeter
channel, which resulted in premature autothrottle retard during
approach. We are issuing this AD to detect and correct an unsafe
condition associated with erroneous output from a radio altimeter
channel, which could result in premature autothrottle landing flare
retard and the loss of automatic speed control, and consequent loss of
control of the airplane.

DATES: This AD is effective November 27, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 27,
2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of May
12, 2005 (70 FR 17603, April 7, 2005).

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; 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: Gregg Nesemeier, Senior Aerospace
Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental Notice of Proposed Rulemaking (SNPRM) to
amend 14 CFR part 39 to supersede airworthiness directive (AD) 2005-07-
20, Amendment 39-14045 (70 FR 17603, April 7, 2005). That AD applied to
the specified products. That SNPRM published in the Federal Register on
May 30, 2012 (77 FR 31758). The original NPRM (75 FR 57885, September
23, 2010) proposed to require inspecting for part numbers of the OPS of
the FCCs, and doing corrective actions if necessary. The SNPRM
contained the same requirements as the original NPRM, but also proposed
to supersede an existing AD to require new software.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the SNPRM (77
FR 31758, May 30, 2012) and the FAA's response to each comment.

Support for the SNPRM (77 FR 31758, May 30, 2012)

    Boeing supports the SNPRM (77 FR 31758, May 30, 2012).

Requests To Use Alternative Service Information

    Europe Airpost and Southwest Airlines requested that we revise the
SNPRM (77 FR 31758, May 30, 2012) to include Boeing Alert Service
Bulletin 737-22A1224, dated May 18, 2012, as an alternative method of
compliance (AMOC) in the SNPRM.
    Europe Airpost explained that Boeing Alert Service Bulletin 737-
22A1224, dated May 18, 2012, takes into account the latest version (and
later versions) of the OPS part number (P/N) 2274-COL-AC1-07 (P6.0
version number) and OPS software of the FCC.
    Southwest Airlines explained that Boeing Alert Service Bulletin
737-22A1224, dated May 18, 2012, requires installation of FCC software
P/N 2274-COL-AC1-07, and that its latest Model 737-800 deliveries have
FCC software P/N 2274-COL-AC1-07 installed. Southwest Airlines stated
that it has begun installing this version of the FCC software into all
its airplanes, using Boeing Alert Service Bulletin 737-22A1224, dated
May 18, 2012. Southwest Airlines also reasoned that Boeing Alert
Service Bulletin 737-22A1224, dated May 18, 2012, has already been
approved as an AMOC for AD 2005-07-20, Amendment 39-14045 (70 FR 17603,
April 7, 2005).
    We agree with the commenters' requests. We agree to allow use of
Boeing Alert Service Bulletin 737-22A1224, dated May 18, 2012, for the
installation actions specified in paragraphs (h)(1)(ii) and (h)(2) of
this AD, although the compliance time for this final rule remains the
same as proposed: Within 3 months after the effective date of this AD.
We have reformatted and revised paragraphs (h)(1) and (h)(2) of this
final rule accordingly.

Request To Remove the Phrase ``Fully Interchangeable''

    Paragraph (h)(1) of the SNPRM (77 FR 31758, May 30, 2012) specified
installation of certain software that is ``fully interchangeable'' with
the software specified in table 2 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-22A1211, dated April 13, 2010.
Southwest Airlines requested that we revise the SNPRM by removing the
phrase ``fully interchangeable'' from paragraph (h)(1) of the SNPRM and
allowing, as acceptable in paragraphs (h)(1) and (h)(2) of the SNPRM,
``subsequent software versions that have been approved by the Boeing
Commercial Airplanes Organization Designation Authorization (ODA) after
April 13,

2010.'' Southwest Airlines explained that Section 2.C.2., Note (b), of
Boeing Alert Service Bulletin 737-22A1211, dated April 13, 2010, which
says, ``Do not install previous versions of this software after
installation of the new software part number,'' could be conflicting
with the phrase ``fully interchangeable.''
    We partially agree with the commenter. We agree that previous
versions of the software may not be reinstalled after installation of
the version specified in this service information because some previous
versions contain unsafe conditions. The SNPRM (77 FR 31758, May 30,
2012) only allowed installation of software approved after April 13,
2010, by the Boeing Commercial Airplanes ODA. However, for clarity, we
have removed the phrase ``fully interchangeable'' from this final rule.
    Although we agree with the intent of the commenter's other
suggested changes, we disagree with the proposed wording and find that
further clarification is necessary. We have removed the reference to
installing later-approved software in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010, because that service bulletin only
specifies to install FCC OPS software P/N 2276-COL-AC1-05 or P/N 2275-
COL-AC1-06. Also, as stated previously, FCC OPS software P/N 2274-COL-
AC1-07 may be installed in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-22A1224, dated May
18, 2012.
    Therefore, in this final rule, the April 13, 2010, date for later-
approved software has been changed to May 18, 2012, to remove
redundancy and confusion. We have also added the Manager, Seattle
Aircraft Certification Office (ACO), FAA, and the Manager, Boeing
Aviation Safety Oversight Office (BASOO), FAA, as additional approval
authorities for later software versions. We have revised paragraph (h)
of the final rule and added a new paragraph (i) to the final rule to
reflect these changes.

Removed Paragraph Identifier of Note

    We have removed the ``Note 1'' designation from Note 1 of the SNPRM
(77 FR 31758, May 30, 2012) and we have included that text in paragraph
(c) of this AD.

Added AMOC Delegation

    We have added new paragraph (j)(3) to this AD to allow delegation
of repair to the Boeing Commercial Airplanes ODA. We have revised
subsequent designated paragraph identifiers as appropriate.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously-and minor editorial
changes. We have determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in
the SNPRM (77 FR 31758, May 30, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM (77 FR 31758, May 30, 2012).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 207 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
----------------------------------------------------------------------------------------------------------------
Installation [retained actions      2 work-hours x $85              $0  $170                 $35,190
 from existing AD 2005-07-20,        per hour = $170.
 Amendment 39-14045 (70 FR 17603,
 April 7, 2005)].
Repetitive Inspection.............  1 work-hour x $85 per          N/A  $85 per inspection   $17,595 per
                                     hour = $85 per                      cycle                inspection cycle
                                     inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary installations
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need this
installation:

                           On-condition Costs
------------------------------------------------------------------------
                                                               Cost per
            Action                Labor cost     Parts cost    product
------------------------------------------------------------------------
Installation.................  1 work-hour x             $0          $85
                                $85 per hour =
                                $85.
------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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

    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

    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)
2005-07-20, Amendment 39-14045 (70 FR 17603, April 7, 2005), and adding
the following new AD:

2012-21-08 The Boeing Company: Amendment 39-17224; Docket No. FAA-
2010-0856; Directorate Identifier 2010-NM-117-AD.

(a) Effective Date

    This AD is effective November 27, 2012.

(b) Affected ADs

    This AD supersedes AD 2005-07-20, Amendment 39-14045 (70 FR
17603, April 7, 2005).

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, and -900 series airplanes, certificated in any category;
delivered with the Rockwell Collins Enhanced Digital Flight Control
System (EDFCS), as identified in the variable number table in
Section 1.A.1., Effectivity, of Boeing Alert Service Bulletin 737-
22A1211, dated April 13, 2010. This AD is applicable to all
airplanes listed in the variable number table, and is not defined by
the ``Group 1'' description in Section 1.A. of Boeing Alert Service
Bulletin 737-22A1211, dated April 13, 2010.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 22, Auto Flight.

(e) Unsafe Condition

    This AD was prompted by reports of undetected erroneous output
from a single radio altimeter channel, which resulted in premature
autothrottle retard during approach. We are issuing this AD to
detect and correct an unsafe condition associated with erroneous
output from a radio altimeter channel, which could result in
premature autothrottle landing flare retard and the loss of
automatic speed control, and consequent loss of control of the
airplane.

(f) Compliance

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

(g) Retained Software Installation and Test

    This paragraph restates the requirements of paragraph (f) of AD
2005-07-20, Amendment 39-14045 (70 FR 17603, April 7, 2005). For
airplanes identified in Boeing Alert Service Bulletin 737-22A1164,
dated May 20, 2004: Within 12 months after May 12, 2005 (the
effective date of AD 2005-07-20), install and test an updated
version of the operational program software (OPS) of the EDFCS
flight control computers (FCCs), in accordance with Boeing Alert
Service Bulletin 737-22A1164, dated May 20, 2004. Installing
software as required by paragraph (h)(1)(i) or (h)(1)(ii) of this
AD, or verifying that the software is installed as specified by
paragraph (h)(2) of this AD, or doing the actions specified in
paragraph (i) of this AD, terminates the requirements of this
paragraph.

(h) New Requirements

    Within 3 months after the effective date of this AD: Inspect to
determine the part number of the OPS of the FCCs, in accordance with
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-22A1211, dated April 13, 2010. Installing software as required
by paragraph (h)(1)(i) or (h)(1)(ii) of this AD, or verifying that
the software is installed as specified by paragraph (h)(2) of this
AD, terminates the requirements of paragraph (g) of this AD. Doing
the actions specified in paragraph (i) of this AD, terminates the
requirements of this paragraph.
    (1) For any OPS having a part number identified in table 1 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-22A1211, dated April 13, 2010: Before further flight, do the
actions specified in paragraph (h)(1)(i) or (h)(1)(ii), as
applicable.
    (i) Install software identified in table 2 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-22A1211, dated
April 13, 2010, in accordance with the Accomplishment Instructions
of Boeing Alert Service Bulletin 737-22A1211, dated April 13, 2010.
    (ii) Install software identified in table 2 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
22A1224, dated May 18, 2012, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-22A1224, dated May
18, 2012.
    (2) For any OPS having a part number identified in table 2 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-22A1211, dated April 13, 2010; or in table 2 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
22A1224, dated May 18, 2012: No further action is required by this
paragraph.

(i) New Optional Software Installation

    Installing a version of the FCC OPS approved after May 18, 2012
(the issue date of Boeing Alert Service Bulletin 737-22A1224)
terminates the requirements of paragraphs (g) and (h) of this AD,
provided that the conditions specified in paragraphs (i)(1) and
(i)(2) of this AD are met.
    (1) The version of the FCC OPS must be approved by the Manager,
Seattle Aircraft Certification Office (ACO), FAA; the Manager,
Boeing Aviation Safety Oversight Office (BASOO), FAA; or the Boeing
Commercial Airplanes Organization Designation Authorization (ODA).
    (2) The installation must be done in accordance with a method
approved by the Manager, Seattle ACO, FAA; the Manager, BASOO, FAA;
or the Boeing Commercial Airplanes ODA.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (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, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and the approval must
specifically refer to this AD
    (4) AMOCs approved previously in accordance with AD 2005-07-20,
Amendment 39-14045 (70 FR 17603, April 7, 2005), are approved as
AMOCs for the corresponding provisions of this AD.

(k) Related Information

    For more information about this AD, contact Gregg Nesemeier,
Senior Aerospace Engineer, Systems and Equipment Branch, ANM-130S,
FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue
SW., Renton, Washington 98057-3356;

phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
November 27, 2012.
    (i) Boeing Alert Service Bulletin 737-22A1211, dated April 13,
2010.
    (ii) Boeing Alert Service Bulletin 737-22A1224, dated May 18,
2012.
    (4) The following service information was approved for IBR on
May 12, 2005 (70 FR 17603, April 7, 2005).
    (i) Boeing Alert Service Bulletin 737-22A1164, dated May 20,
2004.
    (ii) Reserved.
    (5) For The Boeing Company service information identified in
this AD, contact Boeing Commercial Airplanes, Attention: Data &
Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-
2207; telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>;
Internet https://www.myboeingfleet.com.
    (6) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.
    (7) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 5, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-25782 Filed 10-22-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Notices]
[Pages 36605-36606]
[FR Doc No: 2013-14421]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 15Ba2-1 and Form MSD.
    SEC File No. 270-0088, OMB Control No. 3235-0083

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 15Ba2-1 (17 CFR
240.15Ba2-1) and Form MSD (17 CFR 249.1100), under the Securities and
Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange Act''). The
Commission plans to submit this existing collection of information to
the Office of Management and Budget (``OMB'') for extension and
approval.

    Rule 15Ba2-1 provides that an application for registration with the
Commission by a bank municipal securities dealer must be filed on Form
MSD. The Commission uses the information obtained from Form MSD filings
to determine whether bank municipal securities dealers meet the
standards for registration set forth in the Act, to maintain a central
registry where members of the public may obtain information about
particular bank municipal securities dealers, and to develop risk
assessment information about bank municipal securities dealers.
    Based upon past submissions, the staff estimates that approximately
22 respondents will utilize this application procedure annually. The
staff estimates that the average number of hours necessary to comply
with the requirements of Rule 15Ba2-1 and Form MSD is 1.5 hours per
respondent, for a total burden of 33 hours per year. The staff
estimates that the average internal compliance cost per hour is
approximately $310. Therefore, the estimated total annual cost of
compliance for the respondents is approximately $10,230.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312 or send an
email to<EMAIL_ADDRESS>
    Dated: June 12, 2013.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-14421 Filed 6-17-13; 8:45 am]
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[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Page 16405]
[FR Doc No: 2011-6740]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR11-94-000]

The Brooklyn Union Gas Company; Notice of Filing

    Take notice that on March 15, 2011, The Brooklyn Union Gas Company
filed to make minor revisions to its Statement of Operating Conditions
as more fully described in the filing.
    Any person desiring to participate in this rate filing must file 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 notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not 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 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 23, 2011.

    Dated: March 16, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-6740 Filed 3-22-11; 8:45 am]
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[Federal Register: November 24, 2010 (Volume 75, Number 226)]
[Notices]
[Page 71762-71765]
[DOCID:fr24no10-137]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63333; File No. SR-NASDAQ-2010-148]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Exchange-Traded Notes

November 17, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on November 15, 2010 The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the 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 Substance
of the Proposed Rule Change

    The NASDAQ Stock Market LLC proposes to amend Chapter IV, Section
3, titled Criteria for Underlying Securities, to: (a) Permit trading
options on leveraged (multiple or inverse) exchange-traded notes, and
(b) broaden the definition of ``Futures-Linked Securities.''
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.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, the Exchange included statements
concerning the purpose of and basis for 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 purpose of the proposed rule change is to amend Chapter IV,
Section 3(l), titled Index-Linked Securities, to: (a) Permit trading
options on leveraged (multiple or inverse) exchange-traded notes
(``ETNs''), and (b) broaden the definition of ``Futures-Linked
Securities.'' ETNs are also known as ``Index-Linked Securities,'' which
are designed for investors who desire to participate in a specific
market segment by providing exposure to one or more identifiable
underlying securities, commodities, currencies, derivative instruments
or market indexes of the foregoing. Index- Linked Securities are the
non-convertible debt of an issuer that have a term of at least one (1)
year but not greater than thirty (30) years. Despite the fact that
Index-Linked Securities are linked to an underlying index, each trade
as a single, exchange-listed security. Accordingly, rules pertaining to
the listing and trading of standard equity options apply to Index-
Linked Securities.
Leveraged ETN Options
    The Exchange proposes to amend Chapter IV, Section 3(l) to permit
the listing of options on leveraged (multiple or inverse) ETNs.
Multiple leveraged ETNs seek to provide investment results that
correspond to a specified multiple of the percentage performance on a
given day of a particular Reference Asset. Inverse leveraged ETNs seek
to provide investment results that correspond to the inverse (opposite)
of the percentage performance on a given day of a particular Reference
Asset by a specified multiple. Multiple leveraged ETNs and inverse
leveraged ETNs differ from traditional ETNs in that they do not merely
correspond to the performance of a given Reference Asset, but rather
attempt to match a multiple or inverse of a Reference Asset's
performance.
    The Barclays Long B Leveraged S&P 500 TR ETN (``BXUB''), the
Barclays Long C Leveraged S&P 500 TR ETN (``BXUC'') and the UBS AG 2x
Monthly Leveraged Long Exchange Traded Access Securities (``E-TRACS'')
linked to the Alerian MLP Infrastructure Index due July 9, 2040
(``MLPL'') currently trade on the NYSE Arca Stock Exchange and are
examples of multiple leveraged ETNs. In addition, the Barclays ETN +
Inverse S&P 500 VIX Short-Term Futures ETN (``XXV'') currently trades
on the NYSE Arca Stock Exchange and is an example of an inverse
leveraged ETN. The NYSE Arca Stock Exchange also lists several other
inverse leveraged ETNs for trading.\3\
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    \3\ These ETNs include: The Barclays Short B Leveraged Inverse
S&P 500 TR ETN (``BXDB''), the Barclays Short C Leveraged Inverse
S&P 500 TR ETN (``BXDC'') and the Barclays Short D Leveraged Inverse
S&P 500 TR ETN (``BXDD'').
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    Currently, Chapter IV, Section 3(l) provides that securities deemed
appropriate for options trading shall include shares or other
securities (``Equity Index-Linked Securities,'' ``Commodity-Linked
Securities,'' ``Currency-Linked Securities,'' ``Fixed Income Index-
Linked Securities,'' ``Futures-Linked Securities,'' and ``Multifactor
Index-Linked Securities,'' collectively known as ``Index-Linked
Securities'') that are principally traded on a national securities
exchange and an ``NMS Stock'' (as defined in Rule 600 of Regulation NMS
under the Securities Exchange Act of 1934), and represent ownership of
a security that provides for the payment at maturity, as described
below:
     Equity Index-Linked Securities are securities that provide
for the payment at maturity of a cash amount based on the performance
of an underlying index or indexes of equity securities (``Equity
Reference Asset'');
     Commodity-Linked Securities are securities that provide
for the payment at maturity of a cash amount based on the performance
of one or more physical commodities or commodity futures, options on
commodities, or other commodity derivatives or Commodity-Based Trust
Shares or a basket or index of any of the foregoing (``Commodity
Reference Asset'');
     Currency-Linked Securities are securities that provide for
the payment at maturity of a cash amount based on the performance of
one or more currencies, or options on currencies or currency futures or
other currency derivatives or Currency Trust Shares (as defined in
Section 3(i)), or a basket or index of any of the foregoing (``Currency
Reference Asset'');
     Fixed Income Index-Linked Securities are securities that
provide for the payment at maturity of a cash amount based on the
performance of one or more notes, bonds, debentures or evidence of
indebtedness that include, but are not limited to, U.S. Department of
Treasury securities (``Treasury Securities''), government sponsored
entity securities (``GSE Securities''), municipal securities, trust
preferred securities, supranational debt and debt of a foreign country
or a subdivision thereof or a basket or index of any of the foregoing
(``Fixed Income Reference Asset'');
     Futures-Linked Securities are securities that provide for
the payment at maturity of a cash amount based on the performance of an
index of (a) futures on Treasury Securities, GSE Securities,
supranational debt and debt of a foreign country or a subdivision
thereof, or options or other derivatives on any of the foregoing; or
(b) interest rate futures or options or derivatives on the foregoing in
this subparagraph (b) (``Futures Reference Asset''); and
     Multifactor Index-Linked Securities are securities that
provide for the payment at maturity of a cash amount based on the
performance of any combination of two or more Equity Reference Assets,
Commodity Reference Assets, Currency Reference Assets, Fixed Income
Reference Assets, or Futures Reference Assets (``Multifactor Reference
Asset'').
    For purposes of Chapter IV, Section 3(l), Equity Reference Assets,
Commodity Reference Assets, Currency Reference Assets, Fixed Income
Reference Assets, Futures Reference Assets together with Multifactor
Reference Assets, collectively are referred to as ``Reference Assets.''
    In addition, Index-Linked Securities must meet the criteria and
guidelines for underlying securities set forth in Chapter IV, Section
3(b); or (ii) the Index-Linked Securities must be redeemable at the
option of the holder at least on a weekly basis through the issuer at a
price related to the applicable underlying Reference Asset. In
addition, the issuing company is obligated to issue or repurchase the
securities in aggregation units for cash, or cash equivalents,
satisfactory to the issuer of Index-Linked Securities which underlie
the option as described in the Index-Linked Securities prospectus.
    The Exchange proposes to amend Chapter IV, Section 3(l) to expand
the type of Index-Linked Securities that may underlie options to
include leveraged (multiple or inverse) ETNs. To affect this change,
the Exchange proposes to amend Chapter IV, Section 3(l) at subparagraph
(i) by adding the phrase, ``or the leveraged (multiple or inverse)
performance'' to each of the subparagraphs ((1) through (6)) in that
section which set forth the different eligible Reference Assets.
    The Exchange's current continuing listing standards for ETN options
will continue to apply. Specifically, under

Chapter IV, Section 4(k), ETN options shall not be deemed to meet the
Exchange's requirements for continued approval, and the Exchange shall
not open for trading any additional series or option contracts of the
class covering such Securities whenever the underlying Securities are
delisted and trading in the Securities is suspended on a national
securities exchange, or the Securities are no longer an ``NMS Stock''
(as defined in Rule 600 of Regulation NMS under the Securities Exchange
Act of 1934). In addition, the Exchange shall consider the suspension
of opening transactions in any series of options of the class covering
Index-Linked Securities in any of the following circumstances: (1) The
underlying Index-Linked Security fails to comply with the terms of
Chapter IV, Section 3(l), (2) in accordance with the terms of Chapter
IV, Section 4(b), in the case of options covering Index-Linked
Securities when such options were approved pursuant to Chapter IV,
Section 3(l), except that, in the case of options covering Index-Linked
Securities approved pursuant to Chapter IV, Section 3(l)(iii)(2) that
are redeemable at the option of the holder at least on a weekly basis,
then option contracts of the class covering such Securities may only
continue to be open for trading as long as the Securities are listed on
a national securities exchange and are ``NMS'' stock as defined in Rule
600 of Regulation NMS; (3) in the case of any Index-Linked Security
trading pursuant to Chapter IV, Section 3(l), the value of the
Reference Asset is no longer calculated; or (4) such other event shall
occur or condition exist that in the opinion of the Exchange makes
further dealing in such options on the Exchange inadvisable. Expanding
the eligible types of ETNs for options trading under Chapter IV,
Section 3(l) will not have any effect on the rules pertaining to
position and exercise limits \4\ or margin.\5\
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    \4\ See Chapter XIV, Sections 5 and 7, Position Limits, and
Section 9, Exercise Limits.
    \5\ See Chapter XIII concerning Margin Requirements.
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    This proposal is necessary to enable the Exchange to list and trade
options on shares of the BXUB, BXUC, XXV, BXDB, BXDC, BXDD and the
MLPL. The Exchange believes the ability to trade options on leveraged
(multiple or inverse) ETNs will provide investors with greater risk
management tools. The proposed amendment to the Exchange's listing
criteria for options on ETNs is necessary to ensure that the Exchange
will be able to list options on the above listed leveraged (multiple
and inverse) ETNs as well as other leveraged (multiple and inverse)
ETNs that may be introduced in the future.
    The Exchange represents that its existing surveillance procedures
applicable to trading in options are adequate to properly monitor the
trading in leveraged (multiple and inverse) ETN options.
    It is expected that The Options Clearing Corporation will seek to
revise the Options Disclosure Document (``ODD'') to accommodate the
listing and trading of leveraged (multiple and inverse) ETN options.
    Broaden the Definition of ``Futures-Linked Securities''
    The second change being proposed by this filing is to amend the
definition of ``Futures-Linked Securities'' set forth in Chapter IV,
Section 3(l)(i)(5). Currently, the definition of ``Futures-Linked
Securities'' is limited to securities that provide for the payment at
maturity of a cash amount based on the performance of an index of (a)
futures on Treasury Securities, GSE Securities, supranational debt and
debt of a foreign country or a subdivision thereof, or options or other
derivatives on any of the foregoing; or (b) interest rate futures or
options or derivatives on the foregoing in this subparagraph (b).
    Chapter IV, Section 3(l) sets forth generic listing criteria for
securities that may serve as underlyings for listed options trading.
The Exchange believes that the current definition of ``Futures-Linked
Securities'' is unnecessarily restrictive and requires the Exchange to
submit a filing to amend the definition each time a new ETN is issued
that tracks the performance of an index of futures/options on futures
that is not enumerated in the existing rule. To address this issue, the
Exchange is proposing to revise the definition of ``Futures-Linked
Securities'' to provide that they are securities that for the payment
at maturity of a cash amount based on the performance or the leveraged
(multiple or inverse) performance of an index or indexes of futures
contracts or options or derivatives on futures contracts (``Futures
Reference Asset''). The Exchange notes that all ETNs eligible for
options trading must be principally traded on a national securities
exchange and must be an ``NMS Stock.'' As a result, the Exchange
believes that broadening the definition of ``Futures-Linked
Securities'' by no longer specifically listing the types of futures and
options on futures contracts that may be tracked by an ETN is
appropriate.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Exchange believes that the
proposed rules applicable to trading pursuant to generic listing and
trading criteria serve to foster investor protection.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-

4(f)(6)(iii) permits the Commission to designate a shorter time if such
action is consistent with the protection of investors and the public
interest. The Exchange requests that the Commission waive the 30-day
operative delay so that the Exchange can list and trade options on
leveraged (multiple or inverse) ETNs and implement the amended
definition of ``Futures-Linked Securities'' immediately. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest.\10\ The Commission
notes the proposal is substantively identical to a proposal that was
recently approved by the Commission, and does not raise any new
regulatory issues.\11\ For these reasons, the Commission designates the
proposed rule change as operative upon filing.
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    \10\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \11\ See Securities Exchange Act Release No. 63202 (October 28,
2010), 75 FR 67794 (November 3, 2010) (SR-CBOE-2010-080).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2010-148 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2010-148. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange.\12\ 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-2010-148 and should be submitted on or before December 15, 2010.
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    \12\ The text of the proposed rule change is available on the
Commission's Web site at www.sec.gov.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-29561 Filed 11-23-10; 8:45 am]
BILLING CODE 8011-01-P