[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Rules and Regulations]
[Pages 28624-28627]
[FR Doc No: E9-14271]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8079]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities, where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP), that are scheduled for suspension on the effective
dates listed within this rule because of noncompliance with the
floodplain management requirements of the program. If the Federal
Emergency Management Agency (FEMA) receives documentation that the
community has adopted the required floodplain management measures prior
to the effective suspension date given in this rule, the suspension
will not occur and a notice of this will be provided by publication in
the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Mitigation Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
aimed at protecting lives and new construction from future flooding.
Section 1315 of the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body
adopts adequate floodplain management measures with effective
enforcement measures. The communities listed in this document no longer
meet that statutory requirement for compliance with program
regulations, 44 CFR part 59. Accordingly, the communities will be
suspended on the effective date in the third column. As of that date,
flood insurance will no longer be available in the community. However,
some of these communities may adopt and submit the required
documentation of legally enforceable floodplain management measures
after this rule is published but prior to the actual suspension date.
These communities will not be suspended and will continue their
eligibility for the sale of insurance. A notice withdrawing the
suspension of the communities will be published in the Federal
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas
(SFHAs) in these communities by publishing a Flood Insurance Rate Map
(FIRM). The date of the FIRM, if one has been published, is indicated
in the fourth column of the table. No direct Federal financial
assistance (except assistance pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act not in connection with a
flood) may legally be provided for construction or acquisition of
buildings in identified SFHAs for communities not participating in the
NFIP and identified for more than a year, on FEMA's initial flood
insurance map of the community as having flood-prone areas (section
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a),
as amended). This prohibition against certain types of Federal
assistance becomes effective for the communities listed on the date
shown in the last column. The Administrator finds that notice and
public comment under 5 U.S.C. 553(b) are impracticable and unnecessary
because communities listed in this final rule have been adequately
notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate
public body adopts adequate floodplain management measures with
effective enforcement measures. The communities listed no longer comply
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the communities unless
remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

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                                                Effective date
                                                authorization/
                                  Community     cancellation of   Current effective  map   Date certain Federal
      State and location             No.         sale of flood             date            assistance no longer
                                                 insurance in                               available in  SFHAs
                                                   community
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           Region II

New Jersey:
    Clementon, Borough of,            340130  January 30, 1975,   June 16, 2009.........  June 16, 2009
     Camden County.                            Emerg; October
                                               21, 1983, Reg;
                                               June 16, 2009,
                                               Susp.
    Gloucester, Township of,          340133  July 24, 1975,      ......do*.............   Do.
     Camden County.                            Emerg; December
                                               1, 1982, Reg;
                                               June 16, 2009,
                                               Susp.
    Laurel Springs, Borough           340547  March 23, 1976,     ......do..............   Do.
     of, Camden County.                        Emerg; May 13,
                                               1977, Reg; June
                                               16, 2009, Susp.
    Lindenwold, Borough of,           340137  January 12, 1976,   ......do..............   Do.
     Camden County.                            Emerg; September
                                               17, 1980, Reg;
                                               June 16, 2009,
                                               Susp.
    Pine Hill, Borough of,            340143  March 11, 1975,     ......do..............   Do.
     Camden County.                            Emerg; February
                                               24, 1978, Reg;
                                               June 16, 2009,
                                               Susp.
    Stratford, Borough of,            340146  March 21, 1975,     ......do..............   Do.
     Camden County.                            Emerg; September
                                               17, 1980, Reg;
                                               June 16, 2009,
                                               Susp.

          Region III

Pennsylvania:
    Blain, Borough of, Perry          420748  October 14, 1975,   ......do..............   Do.
     County.                                   Emerg; June 24,
                                               1977, Reg; June
                                               16, 2009, Susp.
    Bloomfield, Borough of,           420748  February 22, 1974,  ......do..............   Do.
     Perry County.                             Emerg; March 1,
                                               1978, Reg; June
                                               16, 2009, Susp.
    Buffalo, Township of,             421948  March 27, 1975,     ......do..............   Do.
     Perry County.                             Emerg; August 15,
                                               1980, Reg; June
                                               16, 2009, Susp.
    Carroll, Township of,             421949  February 18, 1976,  ......do..............   Do.
     Perry County.                             Emerg; Reg; June
                                               16, 2009, Susp.
    Centre, Township of, Perry        422498  August 12, 1975,    ......do..............   Do.
     County.                                   Emerg; June 1,
                                               1981, Reg; June
                                               16, 2009, Susp.
    Duncannon, Borough of,            420749  January 20, 1975,   ......do..............   Do.
     Perry County.                             Emerg; December
                                               18, 1979, Reg;
                                               June 16, 2009,
                                               Susp.
    Greenwood, Township of,           421950  August 12, 1975,    ......do..............   Do.
     Perry County.                             Emerg; May 19,
                                               1981, Reg; June
                                               16, 2009, Susp.
    Howe, Township of, Perry          421145  April 4, 1974,      ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1979, Reg; June
                                               16, 2009, Susp.
    Jackson, Township of,             421952  January 28, 1976,   ......do..............   Do.
     Perry County.                             Emerg; October
                                               15, 1985, Reg;
                                               June 16, 2009,
                                               Susp.
    Juniata, Township of,             421140  March 16, 1974,     ......do..............   Do.
     Perry County.                             Emerg; May 1,
                                               1978, Reg; June
                                               16, 2009, Susp.
    Liverpool, Borough of,            420750  March 20, 1974,     ......do..............   Do.
     Perry County.                             Emerg; August 15,
                                               1979, Reg; June
                                               16, 2009, Susp.
    Liverpool, Township of,           421953  February 5, 1975,   ......do..............   Do.
     Perry County.                             Emerg; June 18,
                                               1980, Reg; June
                                               16, 2009, Susp.
    Marysville, Borough of,           420751  February 9, 1973,   ......do..............   Do.
     Perry County.                             Emerg; May 16,
                                               1977, Reg; June
                                               16, 2009, Susp.
    Miller, Township of, Perry        421954  March 21, 1977,     ......do..............   Do.
     County.                                   Emerg; April 15,
                                               1981, Reg; June
                                               16, 2009, Susp.
    Millerstown, Borough of,          420752  November 17, 1975,  ......do..............   Do.
     Perry County.                             Emerg; May 19,
                                               1981, Reg; June
                                               16, 2009, Susp.
    New Buffalo, Borough of,          420753  February 5, 1975,   ......do..............   Do.
     Perry County.                             Emerg; April 2,
                                               1979, Reg; June
                                               16, 2009, Susp.
    Newport, Borough of, Perry        420754  March 2, 1973,      ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1979, Reg; June
                                               16, 2009, Susp.
    Northeast Madison,                421955  September 12,       ......do..............   Do.
     Township of, Perry County.                1975, Emerg;
                                               September 4,
                                               1985, Reg; June
                                               16, 2009, Susp.
    Oliver, Township of, Perry        421022  November 12, 1973,  ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1979, Reg; June
                                               16, 2009, Susp.
    Penn, Township of, Perry          420755  July 5, 1973,       ......do..............   Do.
     County.                                   Emerg; February
                                               18, 1981, Reg;
                                               June 16, 2009,
                                               Susp.
    Rye, Township of, Perry           421028  October 5, 1973,    ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1979, Reg; June
                                               16, 2009, Susp.
    Saville, Township of,             421956  July 23, 1975,      ......do..............   Do.
     Perry County.                             Emerg; March 4,
                                               1988, Reg; June
                                               16, 2009, Susp.
    Southwest Madison,                421957  July 2, 1975,       ......do..............   Do.
     Township of, Perry County.                Emerg; August 19,
                                               1985, Reg; June
                                               16, 2009, Susp.
    Spring, Township of, Perry        421958  September 10,       ......do..............   Do.
     County.                                   1975, Emerg;
                                               November 12,
                                               1982, Reg; June
                                               16, 2009, Susp.
    Toboyne, Township of,             421959  September 8, 1981,  ......do..............   Do.
     Perry County.                             Emerg; September
                                               4, 1985, Reg;
                                               June 16, 2009,
                                               Susp.
    Tuscarora, Township of,           421960  April 14, 1976,     ......do..............   Do.
     Perry County.                             Emerg; November
                                               19, 1982, Reg;
                                               June 16, 2009,
                                               Susp.

    Tyrone, Township of, Perry        421961  February 22, 1977,  ......do..............   Do.
     County.                                   Emerg; March 4,
                                               1988, Reg; June
                                               16, 2009, Susp.
    Watts, Township of, Perry         420756  May 24, 1973,       ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1979, Reg; June
                                               16, 2009, Susp.
    Wheatfield, Township of,          421035  October 29, 1971,   ......do..............   Do.
     Perry County.                             Emerg; December
                                               18, 1979, Reg;
                                               June 16, 2009,
                                               Susp.
Virginia:
    Cumberland County,                510043  March 12, 1974,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; February
                                               15, 1979, Reg;
                                               June 16, 2009,
                                               Susp.
    King and Queen County,            510082  June 20, 1974,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               5, 1990, Reg;
                                               June 16, 2009,
                                               Susp.
    York County,                      510182  October 5, 1973,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               16, 1988, Reg;
                                               June 16, 2009,
                                               Susp.

           Region IV

Alabama:
    Millbrook, City of,               010370  October 18, 1979,   ......do..............   Do.
     Autauga County.                           Emerg; August 15,
                                               1984, Reg; June
                                               16, 2009, Susp.
    Prattville, City of,              010002  June 18, 1974,      ......do..............   Do.
     Autauga County.                           Emerg; August 15,
                                               1978, Reg; June
                                               16, 2009, Susp.
    Kentucky: Crittenden              210254  October 7, 1997,    ......do..............   Do.
     County, Unincorporated                    Emerg; April 1,
     Areas.                                    1999, Reg; June
                                               16, 2009, Susp.
Mississippi:
    Biloxi, City of, Harrison         285252  June 30, 1970,      ......do..............   Do.
     County.                                   Emerg; September
                                               11, 1970, Reg;
                                               June 16, 2009,
                                               Susp.
    D'iberville, City of,             280336  November 14, 1988,  ......do..............   Do.
     Harrison County.                          Emerg; November
                                               14, 1988, Reg;
                                               June 16, 2009,
                                               Susp.
    Gulfport, City of,                285253  May 29, 1970,       ......do..............   Do.
     Harrison County.                          Emerg; September
                                               11, 1970, Reg;
                                               June 16, 2009,
                                               Susp.
    Harrison County,                  285255  July 17, 1970,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 15,
                                               1978, Reg; June
                                               16, 2009, Susp.
    Long Beach, City of,              285257  June 19, 1970,      ......do..............   Do.
     Harrison County.                          Emerg; September
                                               11, 1970, Reg;
                                               June 16, 2009,
                                               Susp.
    Pass Christian, City of,          285261  May 26, 1970,       ......do..............   Do.
     Harrison County.                          Emerg; May 26,
                                               1970, Reg; June
                                               16, 2009, Susp.
North Carolina:
    China Grove, Town of,             370210  December 21, 1978,  ......do..............   Do.
     Rowan County.                             Emerg; December
                                               21, 1978, Reg;
                                               June 16, 2009,
                                               Susp.
    East Spencer, Town of,            370211  March 31, 1975,     ......do..............   Do.
     Rowan County.                             Emerg; July 3,
                                               1978, Reg; June
                                               16, 2009, Susp.
    Faith, Town of, Rowan             370352  NA, Emerg;          ......do..............   Do.
     County.                                   November 26,
                                               2002, Reg; June
                                               16, 2009, Susp.
    Granite Quarry, Town of,          370212  May 1, 1975,        ......do..............   Do.
     Rowan County.                             Emerg; September
                                               15, 1978, Reg;
                                               June 16, 2009,
                                               Susp.
    Landis, Town of, Rowan            370213  March 31, 1975,     ......do..............   Do.
     County.                                   Emerg; July 3,
                                               1978, Reg; June
                                               16, 2009, Susp.
    Rockwell, Town of, Rowan          370214  May 13, 1975,       ......do..............   Do.
     County.                                   Emerg; May 15,
                                               1978, Reg; June
                                               16, 2009, Susp.
    Rowan County,                     370351  August 23, 1976,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               1, 1979, Reg;
                                               June 16, 2009,
                                               Susp.
    Salisbury, City of, Rowan         370215  July 23, 1974,      ......do..............   Do.
     County.                                   Emerg; May 15,
                                               1980, Reg; June
                                               16, 2009, Susp.
    Spencer, Town of, Rowan           370216  April 7, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               29, 1978, Reg;
                                               June 16, 2009,
                                               Susp.
    Tennessee: Mountain City,         470275  May 8, 1975,        ......do..............   Do.
     City of, Johnson County.                  Emerg; August 5,
                                               1986, Reg; June
                                               16, 2009, Susp.

           Region V

Ohio:
    Aquilla, Village of,              390739  May 3, 1976,        ......do..............   Do.
     Geauga County.                            Emerg; December
                                               7, 1984, Reg;
                                               June 16, 2009,
                                               Susp.
    Chardon, City of, Geauga          390191  June 25, 1975,      ......do..............   Do.
     County.                                   Emerg; January 4,
                                               1985, Reg; June
                                               16, 2009, Susp.
    Geauga County,                    390190  February 18, 1977,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               4, 1988, Reg;
                                               June 16, 2009,
                                               Susp.
    Middlefield, Village of,          390192  March 10, 1975,     ......do..............   Do.
     Geauga County.                            Emerg; September
                                               30, 1988, Reg;
                                               June 16, 2009,
                                               Susp.
    South Russell, Village of,        390740  July 2, 1976,       ......do..............   Do.
     Geauga County.                            Emerg; --, Reg;
                                               June 16, 2009,
                                               Susp.

           Region VI

Arkansas:
    Marmaduke, City of, Greene        050346  April 7, 1976,      ......do..............   Do.
     County.                                   Emerg; June 1,
                                               1987, Reg; June
                                               16, 2009, Susp.
    Paragould, City of, Greene        050085  June 27, 1973,      ......do..............   Do.
     County.                                   Emerg; June 15,
                                               1978, Reg; June
                                               16, 2009, Susp.
    Sedgwick, City of, Greene         050576  February 1, 1988,   ......do..............   Do.
     County.                                   Emerg; --, Reg;
                                               June 16, 2009,
                                               Susp.

           Region IX

California:
    Antioch, City of, Contra          060026  May 1, 1975,        ......do..............   Do.
     Costa County.                             Emerg; December
                                               2, 1980, Reg;
                                               June 16, 2009,
                                               Susp.
    Corcoran, City of, Kings          060663  NA , Emerg;         ......do..............   Do.
     County.                                   November 28,
                                               1997, Reg; June
                                               16, 2009, Susp.
    Dinuba, City of, Tulare           060403  June 26, 1975,      ......do..............   Do.
     County.                                   Emerg; November
                                               3, 1982, Reg;
                                               June 16, 2009,
                                               Susp.
    El Cerrito, City of,              065027  March 5, 1971,      ......do..............   Do.
     Contra Costa County.                      Emerg; June 1,
                                               1977, Reg; June
                                               16, 2009, Susp.
    Hercules, City of, Contra         060434  July 25, 1975,      ......do..............   Do.
     Costa County.                             Emerg; September
                                               30, 1982, Reg;
                                               June 16, 2009,
                                               Susp.
    Pleasant Hill, City of,           060034  March 19, 1971,     ......do..............   Do.
     Contra Costa County.                      Emerg; September
                                               30, 1983, Reg;
                                               June 16, 2009,
                                               Susp.

           Region X

Idaho:
    Cambridge, City of,               160199  August 27, 1976,    ......do..............   Do.
     Washington County.                        Emerg; February
                                               19, 1987, Reg;
                                               June 16, 2009,
                                               Susp.
    Midvale, City of,                 160123  May 7, 1975,        ......do..............   Do.
     Washington County.                        Emerg; February
                                               19, 1987, Reg;
                                               June 16, 2009,
                                               Susp.
    Washington County,                160221  February 2, 1976,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; February
                                               19, 1987, Reg;
                                               June 16, 2009,
                                               Susp.
    Weiser, City of,                  160124  December 4, 1974,   ......do..............   Do.
     Washington County.                        Emerg; February
                                               19, 1987, Reg;
                                               June 16, 2009,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
* do=Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: June 8, 2009.
Edward L. Connor,
Acting Assistant Administrator Mitigation Directorate Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-14271 Filed 6-16-09; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: April 4, 2006 (Volume 71, Number 64)]
[Notices]
[Page 16847-16849]
[DOCID:fr04ap06-78]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53564; File No. SR-NASD-2006-038]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Proposed Amendments to NASD Rule 1013 To Adopt
a Standardized New Member Application Form (Form NMA)

March 29, 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 March 3, 2006, the National Association of Securities Dealers, Inc.
(``NASD'') 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 NASD. NASD has
designated the proposed rule change as constituting a ``non-
controversial'' rule change pursuant to Section 19(b)(3)(A) of the Act
\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19-b4(f)(6). NASD gave the Commission written
notice of its intent to file this proposed rule change on February
8, 2006.
---------------------------------------------------------------------------

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

    NASD is proposing to amend Rule 1013 (New Member Application and
Interview) to adopt a standardized new member application form, Form
NMA, to be used by all new applicants applying for membership to NASD.
The proposed rule change also makes several technical changes to NASD
Rules 1013 and 1014. The proposed new form is available at NASD, the
Commission, and at http://www.nasd.com. Below is the text of the

proposed rule change. Proposed new language is in italics; proposed
deletions are in [brackets].
* * * * *

1013. New Member Application and Interview

(a) Filing of Application
    (1)--No Change.
(2) Contents
    An Applicant shall submit an application using NASD Form NMA. The
application shall include:
    (A) Through (Q) No Change.
    (R) [a Web CRD entitlement request form] an NASD Entitlement
Program Agreement and Terms of Use and an NASD Member Firm Account
Administrator Entitlement Form [a Member Contact Questionnaire user
access request form].
(3) Electronic Filings
    Upon approval of the Applicant's [Web CRD entitlement request form]
NASD Member Firm Account Administrator Entitlement Form, the Applicant
shall submit its Forms U4 for each Associated Person who is required to
be registered under NASD Rules, any amendments to its Forms BD or U4
and any Form U5 electronically via Web CRD. [Upon approval of the
Applicant's membership, the Applicant shall submit any amendments to
its Member Contact Questionnaire electronically.]
    (4) through (5) No Change.
(b) Membership Interview
    (1) through (7) No Change.
* * * * *

1014. Department Decision

(a). Standards for Admission
    (1) through (5) No Change.
    (6) The communications and operational systems that the Applicant
intends to employ for the purpose of conducting business with customers
and other members are adequate and provide reasonably for business
continuity in each area set forth in Rule 1013(a)(2)([F]E)(xii);
    (7) through (14) No change.
* * * * *

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

    In its filing with the Commission, NASD 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. NASD 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
    NASD staff has been working to make its membership application
process more efficient and less burdensome for both new applicants and
the staff. Applying for NASD membership is an intensive process
requiring considerable attention to detail as well as a substantial
time commitment. NASD Rule 1013 (New Member Application and Interview)
identifies the requirements for submitting a new member application for
NASD membership, including a listing of the necessary documents and a
requirement that the applicant submit a ``substantially complete''
application.\5\ Pursuant to NASD Rule 1013(a)(4), NASD can reject an
application that is not substantially complete.
---------------------------------------------------------------------------

    \5\ See NASD Rule 1013(a)(4).
---------------------------------------------------------------------------

    Although NASD Rule 1013 contains a listing of the requirements for
a new member application submission, NASD continues to receive
incomplete or inadequate membership applications. Such applications
often require NASD staff to serve requests for significant additional
information or documentation to the applicant and require a great deal
of NASD staff time and resources to process appropriately. Applications
initially submitted with inadequate or incomplete information result in
increased processing times, which can have the effect of significantly
delaying when an applicant can begin conducting business as a member of
NASD.
    To address these issues, NASD is proposing to amend NASD Rule 1013
to

include a requirement to use New Member Application Form (``Form NMA'')
to submit any applications for NASD membership. Form NMA will not
establish new or additional content requirements, which are already set
forth in NASD Rule 1013, but rather, will be a means to assist new
member applicants in the preparation of a complete application package.
Form NMA will be organized according to the 14 individual standards for
membership enumerated in NASD Rule 1014, and will list all required
exhibits, forms and supporting documentation required in an application
submission.
    Additionally, Form NMA will identify certain information as
mandatory or required submissions in the initial application. If such
``mandatory'' information is not provided in the initial application
submission, the application will be deemed not ``substantially
complete'' pursuant to NASD Rule 1013(a)(4) and will be rejected.\6\
---------------------------------------------------------------------------

    \6\ NASD can deem an application to be not ``substantially
complete'' for other reasons. Such a determination is made based on
the facts and circumstances of the application, the information and
documentation requirements of NASD Rule 1013, the nature and
complexity of the application, and the nature and extent of the
missing or incomplete documentation.
---------------------------------------------------------------------------

    By requiring member applicants to use the prescribed Form NMA, NASD
expects to streamline the application process by creating one unified
application process and clearly outlining the information that must be
submitted to process the application. Additionally, using the
prescribed form will expedite the application review and approval
process and will also lessen the burden on NASD staff reviewing the
membership application by making the process of reviewing applications
for completeness more efficient.
    Once the proposed rule change becomes effective and operative, NASD
will make Form NMA available to applicants as part of NASD's New Member
Application Package and through NASD's Web site. Applicants will be
required to submit Form NMA, along with required exhibits, as an
original, signed paper form. Additionally, NASD staff intends to
develop systems that will allow applicants to submit Form NMA
electronically via Web CRD[reg].
    Finally, NASD is making several technical changes. Specifically,
NASD is deleting NASD Rule 1013's references to the Web CRD entitlement
request form and Member Contact Questionnaire user access request form
and, where appropriate, replacing those references with the forms'
respective new titles--NASD Entitlement Program Agreement and Terms of
Use and NASD Member Firm Account Administrator Entitlement Form. NASD
is also changing an incorrect cite in NASD Rule 1014(a)(6) from NASD
Rule 1013(a)(2)(F)(xii) to NASD Rule 1013(a)(2)(E)(xii).
    This proposed rule change is effective upon filing. NASD will
announce the implementation date of the proposed rule change in a
Notice to Members to be published no later than 60 days following
Commission notice of the filing of the rule change for immediate
effectiveness. The implementation date will be 30 days from the
publication of the Notice to Members.
2. Statutory Basis
    NASD believes that the proposed rule change is consistent with
Section 15A of the Act,\7\ in general, and furthers the objectives of
Section 15A(b)(6) of the Act,\8\ in particular, which requires, among
other things, that NASD rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. The proposed rule change amends NASD Rule 1013 to
require new member applications to be submitted using Form NMA. The
proposed rule change does not propose any new or additional content
requirements for member applications.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78o-3.
    \8\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASD-2006-038 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-NASD-2006-038. 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 NASD.
    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 the File Number SR-NASD-2006-
038 and should be submitted on or before April 25, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E6-4821 Filed 4-3-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: October 23, 2007 (Volume 72, Number 204)]
[Notices]
[Page 60015-60016]
[DOCID:fr23oc07-38]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OARM-2006-0835; FRL-8485-6]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request: Applicant Background
Questionnaire: Race, National Origin, Gender, and Disability
Demographics (Renewal); EPA ICR No. 2248.03, OMB Control No. 2030-0045

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before November 23,
2007.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OARM-
2006-0835 to (1) EPA online using http://www.regulations.gov., and (2) OMB by

mail to: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Rosyletta Simms, Office of Human
Resources, Mail Code 3600A, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
564-7897; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On July 11, 2007 (72 FR 37760) EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OARM-2006-0835, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Office of

Environmental Information (OEI) Docket and Information Center at the
EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Office of Environmental Information Docket is
202-566-1752.
    Use EPA's electronic docket and comment system at
http://www.regulations.gov, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA receives

them and without change,

unless the comment contains copyrighted material, CBI, or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
http://www.regulations.gov.

    Title: Applicant Background Questionnaire: Race, National Origin,
Gender, and Disability Demographics (Renewal).
    ICR numbers: EPA ICR No. 2248.03, OMB Control No. 2030-0045.
    ICR Status: This ICR is scheduled to expire on November 30, 2007.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The purpose of this information collection request is to
seek approval to use the Environmental Protection Agency's EZhire,
vacancy announcement and job application system, to collect gender,
race, national origin, and disability information from employees within
the agency and outside job applicants. All job applicants, whether
internal or external, are asked to complete, on a voluntary basis, an
``Applicant Background Questionnaire: Race, National Origin, Gender,
and Disability Demographics.'' This data is required for compliance
with the Equal Employment Opportunities Commission's (EEOC) MD 715 and
29 CFR 1614.601. Agencies are required to: (1) Maintain a system that
collects and maintains accurate information on the race, national
origin, gender and disability of agency employees; (2) maintain a
system that tracks applicant flow data, which identifies applicants by
race, national origin, sex, and disability status and disposition of
all applications; and (3) maintain a tracking system of recruitment
activities to permit analyses of these efforts in any examination of
potential barriers to equality of opportunity. MD 715 requires agencies
to ``conduct an internal review and analysis of the effects of all
current and proposed policies, practices, procedures and conditions
that are directly or indirectly, related to the employment of
individuals with disabilities.'' EPA must collect and analyze
information and data necessary to make an informed assessment about the
extent to which the agency is meeting its responsibility to provide
employment opportunities for qualified applicants and employees with
disabilities, especially those with targeted disabilities. The data
supplied by job applicants is strictly confidential and encrypted
within the software. The data is reported in the aggregate for
affirmative employment analyses, planning and reporting required by the
EEOC and the Office of Personnel Management.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average of 28
minutes or .46 hours per response. Burden means the total time, effort,
or financial resources expended by persons to generate, maintain,
retain, or disclose or provide information to or for a Federal agency.
This includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: all applicants applying for jobs at
EPA.
    Estimated Number of Respondents: 32,590.
    Frequency of Response: Once per applicant.
    Estimated Total Annual Hour Burden: 15,208.
    Estimated Total Annual Cost: $0, includes $0 annualized Capital
Startup costs, $0 annualized Operation and Maintenance (O&M) costs, and
$0 annualized Labor costs.
    Changes in the Estimates: There is no increase/decrease of hours in
the total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens.

    Dated: October 16, 2007.
Sara Hisel-McCoy,
Acting Director, Collection Strategies Division.
 [FR Doc. E7-20835 Filed 10-22-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Pages 75585-75586]
[FR Doc No: 2023-24325]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas and Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP24-72-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: 4(d) Rate Filing: Negotiated Rate Agreements Update
(Pioneer Nov 2023) to be effective 11/1/2023.
    Filed Date: 10/27/23.
    Accession Number: 20231027-5131.
    Comment Date: 5 p.m. ET 11/8/23.

    Docket Numbers: RP24-73-000.
    Applicants: Cheniere Creole Trail Pipeline, L.P.
    Description: Compliance filing: CTPL Transportation Retainage
Adjustment and Housekeeping Changes to be effective 12/1/2023.
    Filed Date: 10/27/23.
    Accession Number: 20231027-5149.
    Comment Date: 5 p.m. ET 11/8/23.

    Docket Numbers: RP24-74-000.
    Applicants: Cheniere Corpus Christi Pipeline, LP.
    Description: Compliance filing: CCPL Address Change Filing to be
effective 12/1/2023.
    Filed Date: 10/27/23.
    Accession Number: 20231027-5152.
    Comment Date: 5 p.m. ET 11/8/23.

    Docket Numbers: RP24-75-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: 4(d) Rate Filing: Negotiated Rate Agmts Update
(Hartree Nov 23) to be effective 11/1/2023.
    Filed Date: 10/27/23.
    Accession Number: 20231027-5171.
    Comment Date: 5 p.m. ET 11/8/23.

    Docket Numbers: RP24-76-000.
    Applicants: Midship Pipeline Company, LLC.
    Description: Compliance filing: Midship Pipeline Change of Address
Filing to be effective 12/1/2023.
    Filed Date: 10/27/23.
    Accession Number: 20231027-5183.
    Comment Date: 5 p.m. ET 11/8/23.

    Docket Numbers: RP24-77-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: 4(d) Rate Filing: Negotiated Rate Agreements--Various
Shippers Nov 2023 to be effective 11/1/2023.
    Filed Date: 10/27/23.

    Accession Number: 20231027-5215.
    Comment Date: 5 p.m. ET 11/8/23.

    Docket Numbers: RP24-78-000.
    Applicants: Southeast Supply Header, LLC.
    Description: 4(d) Rate Filing: Negotiated Rate--FPL 840192 to be
effective 11/1/2023.
    Filed Date: 10/30/23.
    Accession Number: 20231030-5073.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: RP24-79-000.
    Applicants: Stagecoach Pipeline & Storage Company LLC.
    Description: 4(d) Rate Filing: Negotiated Rate Agreement Filing--
National Fuel to be effective 11/1/2023.
    Filed Date: 10/30/23.
    Accession Number: 20231030-5089.
    Comment Date: 5 p.m. ET 11/13/23.

    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.

Filings in Existing Proceedings

    Docket Numbers: PR23-40-001.
    Applicants: Regency Intrastate Gas LP.
    Description: 284.123 Rate Filing: Regency Intrastate Gas LP Revised
Supplemental SOC to be effective 11/1/2023.
    Filed Date: 10/27/23.
    Accession Number: 20231027-5108.
    Comment Date: 5 p.m. ET 11/9/23.

    Docket Numbers: RP23-1035-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Report Filing: Regional Energy Access Expansion
Rates--Notification on In-Service to be effective N/A.
    Filed Date: 10/27/23.
    Accession Number: 20231027-5173.
    Comment Date: 5 p.m. ET 11/8/23.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.
    For other information, call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>. The Commission's Office of Public Participation
(OPP) supports meaningful public engagement and participation in
Commission proceedings. OPP can help members of the public, including
landowners, environmental justice communities, Tribal members and
others, access publicly available information and navigate Commission
processes. For public inquiries and assistance with making filings such
as interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: October 30, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-24325 Filed 11-2-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 29, 2005 (Volume 70, Number 228)]
[Notices]
[Page 71583-71586]
[DOCID:fr29no05-112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52822; File No. SR-NYSE-2005-02]

Self-Regulatory Organizations; New York Stock Exchange, Inc.;
Order Approving Proposed Rule Change and Amendments Nos. 1, 2 and 3
Thereto and Notice of Filing and Order Granting Accelerated Approval to
Amendment No. 4 to the Proposed Rule Change Relating to Exchange Rule
607

November 22, 2005.

I. Introduction

    On January 4, 2005, the New York Stock Exchange, Inc. (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change amending Exchange Rule 607 concerning the
procedures for the appointment of arbitrators to arbitration cases
administered by the NYSE. On May 12, 2005, the NYSE filed Amendment No.
1 to the proposed rule change (``Amendment No. 1'').\3\ On May 13,
2005, the NYSE filed Amendment No. 2 to the proposed rule change
(``Amendment No. 2).\4\ On June 16, 2005, the NYSE filed Amendment No.
3 to the proposed rule change (Amendment No. 3).\5\ The proposed rule
change was published for comment in the Federal Register on June 23,
2005.\6\ The Commission received four comments on the proposal, as
amended.\7\ On November 10, 2005, the

Exchange filed Amendment No. 4 to the proposed rule change (``Amendment
No. 4''),\8\ and on November 14, 2005, the Exchange filed a response to
the comment letters.\9\ This order approves the proposed rule change,
as amended by Amendments Nos. 1, 2 and 3, grants accelerated approval
to Amendment No. 4 to the proposed rule change, and solicits comments
from interested persons on Amendment No. 4.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 was filed and withdrawn by the NYSE on May
12, 2005.
    \4\ See Amendment No. 2. Amendment No. 2 supplemented the
initial filing.
    \5\ See Amendment No. 3. Amendment No. 3 supplemented the
initial filing and modified certain statements in Amendment No. 2.
    \6\ See Exchange Act Release No. 51863 (June 16, 2005), 70 FR
36451 (June 23, 2005) (the ``Notice'').
    \7\ See Letters from Robert S. Clemente, Of Counsel, Liddle and
Robinson, to Jonathan G. Katz, dated February 3, 2005 and July 7,
2005 (``Clemente Letters''); Letter from Rosemary J. Shockman,
President, Public Investors Arbitration Bar Association, to Jonathan
G. Katz, dated July 14, 2005 (``Shockman Letter''); and Letter from
Richard P. Ryder, President, Securities Arbitration Commentator,
Inc. to Jonathan G. Katz, dated July 15, 2005 (``Ryder Letter'').
Mr. Clemente filed two letters in response to the filing, the first
of which was received after filing of the proposed rule change but
before publication in the Federal Register. Mr. Clemente submitted a
second letter, similar to the first, after the proposed rule change
was noticed in the Federal Register, and attached the first letter
to the second.
    \8\ In Amendment No. 4, which supplemented the original filing,
the Exchange amended the proposed rule text to respond to one of the
commenters' concerns.
    \9\ See letter from Mary Yeager, Assistant Secretary, NYSE, to
Katherine A. England, Assistant Director, Division of Market
Regulation, Commission, dated Nov. 14, 2005.
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

A. Description of the Proposal

    The NYSE currently has several methods by which arbitrators are
assigned to cases, including the traditional method pursuant to NYSE
Rule 607 where NYSE staff appoints arbitrators to cases.
a. The Pilot Program
    On August 1, 2000, the NYSE implemented a two-year pilot program to
allow parties, on a voluntary basis, to select arbitrators under three
alternative methods (in addition to the traditional method).\10\ Upon
expiration of the two-year pilot, the NYSE renewed the pilot for an
additional two years, ending on July 31, 2004.\11\ The pilot was
subsequently extended again until January 31, 2005,\12\ then July 31,
2005,\13\ and ultimately was extended until November 30, 2005.\14\
---------------------------------------------------------------------------

    \10\ The pilot program was implemented originally for a two-year
period. Exchange Act Release No. 43214 (August 28, 2000), 65 FR
53247 (September 1, 2000) (SR-NYSE-2000-34).
    \11\ See Exchange Act Release No. 46372 (August 16, 2002), 67 FR
54521 (August 22, 2002) (SR-NYSE-2002-30).
    \12\ See Exchange Act Release No. 49915 (June 25, 2004), 69 FR
39993 (July 1, 2004).
    \13\ See Exchange Act Release No. 51085 (Jan. 27, 2005), 70 FR
5716 (Feb. 3, 2005), corrected at 70 FR 7143 (Feb. 10, 2005).
    \14\ See Exchange Act Release No. 52155 (Jul. 28, 2005), 70 FR
44712 (Aug. 3, 2005) (SR-NYSE-2005-52).
---------------------------------------------------------------------------

    The first alternative under the pilot program is the Random List
Selection method, by which the parties are provided randomly-generated
(as described below) lists of public- and securities-classified
arbitrators. The parties have ten days to strike and rank the names on
the lists. Based on mutual ranking of the lists, the highest-ranking
arbitrators are invited to serve on the case. If a panel cannot be
chosen from the first list, a second list is generated, with three
potential arbitrators for each vacancy, and one peremptory challenge
available to each party for each vacancy. Under the pilot program, if
vacancies remain after the second list has been processed, arbitrators
are then randomly assigned to serve, subject only to challenges for
cause.
    The second alternative method under the pilot program is the
Enhanced List Selection method, in which six public- and three
securities-classified arbitrators are selected by NYSE staff, based on
their qualifications and expertise. The lists are then sent to the
parties. The parties have three strikes to use and are required to rank
the arbitrators not stricken. Based on mutual ranking of the lists, the
highest-ranking arbitrators are invited to serve on the case.
    Lastly, the pilot program permits parties, pursuant to mutual
agreement, to choose arbitrators through any alternative method.
    Under the pilot program, the parties must all agree to use either
the Random List Selection method, the Enhanced List Selection method or
an ``alternative method.'' Absent such agreement, under the pilot
program, the traditional method is used.
b. The Proposed Rule Change
    The proposed amendments to Rule 607 retain the traditional method
of staff appointment of arbitrators as an option in the event a full
panel cannot be appointed under Random List Selection or in the event
that the customer or non-member does not elect to use the Random List
Selection method. In addition, the proposed rule change modifies and
makes permanent the Random List Selection method by specifying the
number of arbitrators on each list (ten public arbitrators and five
industry arbitrators) and limiting the number of strikes (four against
the public arbitrators and two against the industry arbitrators). The
proposed rule change also eliminates the second list of arbitrators.
According to the NYSE, this will simplify and shorten the appointment
process. The proposed rule change also specifies that for simplified
arbitrations, the randomly generated list will contain the names of
five arbitrators, against which each party will have two strikes.
Further, the proposed rule change gives the customer or non-member the
choice of using Random List Selection as the method to appoint
arbitrators. If a claim includes a customer or a non-member, the
election of the customer or non-member controls, and all parties'
agreement to use list selection would no longer be required. Finally,
because parties rarely requested Enhanced List Selection, the proposed
rule change eliminates Enhanced List Selection as a method for
selecting arbitrators, but permits parties to choose alternate methods
of arbitrator selection pursuant to mutual agreement.
    The proposed rule change provides that a party can request an
arbitrator's last three NYSE arbitration decisions, if any (the pilot
program had provided that these decisions would be sent automatically).
The proposed rule change also provides that any request for additional
information must be made within the ten business days in which the
parties must return the lists, and that this time period is applicable
to all requests for additional information under NYSE Rule 607 as well
as NYSE Rule 608, which governs notice of selection of arbitrators and
requires, among other things, the Director of Arbitration to provide
the parties with the names and employment histories of the arbitrators
for the past ten years, and permits a party to request additional
information concerning an arbitrator's background. Lastly, the proposed
rule change provides that the NYSE will send lists of arbitrators to
parties approximately thirty days after the last answer is filed with
the Exchange.\15\
---------------------------------------------------------------------------

    \15\ See Amendment No. 4.
---------------------------------------------------------------------------

c. Comparison to SICA Rules
    The proposed amendments resemble the Uniform Code of Arbitration
(``UCA'') developed by the Securities Industry Conference on
Arbitration (``SICA'').\16\ Aside from word choice and punctuation, the
principal differences between the NYSE's proposed rules and the SICA-
developed UCA are:
---------------------------------------------------------------------------

    \16\ The NASD also has a rule that provides for the appointment
of arbitrators by list selection. See NASD Rule 10308.
---------------------------------------------------------------------------

     The NYSE retains the traditional method of staff
appointment.
     The NYSE specifies the number of arbitrators on the lists.
     The NYSE limits the number of peremptory challenges.
     The NYSE eliminates a second list containing three names
for each vacancy under the Random List Selection method.
     The NYSE does not send the two lists of public and
industry arbitrators under the Random List Selection method unless and
until the customer or non-member requests in writing the use of the
Random List Selection method within 45 days from the date of filing of
the statement of claim.
     The NYSE sets a ten business day period for the parties to
return the lists to the director of arbitration.
     The NYSE sets a ten business day period for the parties to
request

additional information about a potential arbitrator.
     The NYSE permits the parties to agree to extend the time
period in which to return the lists.

B. Comment Summary and NYSE's Response

a. Comments Received
    The proposal was published for comment in the Federal Register on
June 23, 2005.\17\
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    \17\ See note 6, supra.
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    We received four comments on the proposal.\18\ One commenter
believed that the NYSE should withdraw or amend the proposal and that,
in light of other amendments to Rule 607, the NYSE's proposed merger
with Archipelago, and the NYSE's shift from a private to a public
company, the NYSE should not submit any other amendments to its
arbitration rules.\19\ One of the commenters stated that NYSE's
arbitration system had many advantages over NASD's, including lower
expenses and greater NYSE staff involvement, but was concerned that
NYSE was not presently a reasonable alternative to NASD's arbitration
system.\20\ This commenter believed that in order to improve the NYSE's
system, the NYSE needed to (i) ``[e]mbrace list selection;'' (ii)
``[p]rovide Arbitrator Award histories;'' (iii) ``[a]ppoint the Panel
earlier in the case;'' \21\ and (iv) ``[g]ive equal encouragement to
claims outside NYC.'' In this commenter's view, these changes would
make the NYSE a more competitive arbitration forum.\22\
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    \18\ See note 7, supra.
    \19\ Clemente Letters.
    \20\ See Ryder Letter.
    \21\ The commenter favorably cited the NASD's system of
involving arbitrators at the pleading stage in his comments. See
Ryder Letter.
    \22\ Ryder Letter.
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    Two commenters, although they approved of certain aspects of the
filing, such as the elimination of mutuality for list selection,
generally criticized the proposed rule change.\23\ They expressed
concern that the NYSE was not committed to creating a viable
arbitration forum or an alternative to the NASD's arbitration
system,\24\ that the Exchange limited the number of strikes against
potential arbitrators on the list, and that the proposed rule change,
including its diversion from SICA rules, was not adequately
described.\25\ One commenter approved of the filing, but believed that
the definition of a ``public arbitrator'' in the rule should be
carefully examined to ensure that public arbitrators do not have ties
to the securities industry.\26\ Another commenter also stated that the
Exchange should address the classification of public arbitrators.\27\
One commenter was concerned about the procedures for informing parties
of the disclosures that arbitrators were required to make on the
grounds that these disclosures would not be made before the parties
would have to exercise strikes. In this commenter's view, the parties
might not learn potentially critical information about the arbitrators
until after the arbitrators are appointed (at which time strikes are
limited to ``for cause'').\28\
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    \23\ Ryder Letter, Clemente Letters.
    \24\ Ryder Letter.
    \25\ Clemente Letters.
    \26\ Shockman Letter.
    \27\ Clemente Letters.
    \28\ Clemente Letters.
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    In response to the Commission's specific request for comment on
whether the Exchange should automatically send parties a potential
arbitrator's prior three arbitration decisions, as provided in the
pilot program, whether it should only send such decisions upon a
party's request, and whether the Exchange should inform parties that
prior arbitration decisions are available on its Web site, two
commenters believed that the NYSE should list arbitrator awards on its
Web site.\29\ One commenter believed that the administrative burden of
sending the last three decisions was too high but believed that the
NYSE should develop reports from its docket records that are similar to
the NASD's reports.\30\ The other commenter believed that the Exchange
should send the last three arbitration awards to the parties
automatically.\31\
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    \29\ Clemente Letters, Ryder Letter.
    \30\ Ryder Letter.
    \31\ Clemente Letters.
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b. NYSE's Response to Comments
    The NYSE responded to the commenters' concerns by filing an
amendment to the proposed rule text to require the Exchange to send out
the lists of arbitrators to all parties approximately 30 days after the
last answer is due.\32\ This addressed the concern that arbitrators
should become involved in the process earlier, in order to allow the
panel of arbitrators, rather than the NYSE staff, to administer the
proceedings.\33\
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    \32\ See Amendment No. 4.
    \33\ See Ryder Letter.
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    The Exchange also submitted a letter response to the commenters.
The Exchange stated that even though arbitrators still may be appointed
pursuant to administrative appointment, it has ``embraced list
selection'' \34\ by giving the public customer/non-member the ability
to elect list selection without requiring the agreement of the member
firm. The Exchange also indicated that it retained the traditional
method of arbitrator selection as a convenience to public customers.
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    \34\ See supra note 22.
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    In addition, the NYSE observed that during the pilot program, it
found that parties often struck all names on the first list, requiring
distribution of a second list and delaying the process. The Exchange
also found that the parties often exercised peremptory challenges on
the arbitrators on the second list. The Exchange maintained that the
limited number of strikes will result in careful review and ranking of
potential arbitrators, leading to a streamlined list selection process.
In response to concerns that the ``enhanced list'' method of arbitrator
appointment was to be eliminated, the Exchange noted that the parties'
ability under the proposed rule change to select any reasonable method
of arbitrator appointment would allow them to use enhanced list
selection. If the parties agree to use enhanced list selection,
arbitrators would be appointed to a panel in the same manner as under
the pilot program.
    In response to the question of whether the Exchange should provide
parties with the ability to access arbitrators' awards and with hard
copies of the arbitrators' last three awards, the Exchange noted that
parties are advised that the arbitrators' awards are available on its
Web site in the cover letter sent to the parties with the proposed
names of the arbitrators. The Exchange also noted that the arbitrators'
profiles provide information through which the parties can access all
awards for each arbitrator on the NYSE Web site. The Exchange opined
that it was inefficient to send out the last three awards
automatically, and that the availability of the awards on the Web site
would be sufficient to satisfy the parties' need for the awards. The
Exchange also noted that it will continue to send out the last three
awards to the extent that the parties request them, and that the
Exchange will inform the parties of that option in the cover letter
sent with the lists of arbitrators.
    In response to commenters' concerns with the classification of
public arbitrators, the Exchange noted that it had filed a separate
proposed rule change, NYSE-2005-43,\35\ addressing the question of when
arbitrators should be classified as ``public.'' In response to

one commenter's concern with the timing of the disclosure of arbitrator
conflicts, the Exchange noted that an arbitrator's duty to disclose
conflicts pursuant to Rule 610 is a continuing duty, and additional
information received by the Exchange pursuant to Rule 610 is
immediately forwarded to the parties.
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    \35\ See Exchange Act Rel. No. 52314 (Aug. 22, 2005), 70 FR
51104 (Aug. 29, 2005) (SR-NYSE-2005-43).
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III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning Amendment No. 4, including whether Amendment No. 4
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 e-mail to<EMAIL_ADDRESS>Please include File

Number SR-NYSE-2005-02 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-NYSE-2005-02. 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 such
filing also will be available for inspection and copying at the
principal office of the NYSE. 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-NYSE-2005-02 and should be submitted on or before
December 20, 2005.

IV. Discussion and Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with section 6(b) \36\ of the Act in general and
section 6(b)(5) of the Act \37\ in particular, which require that the
rules of the Exchange be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade and, in general, to protect investors and the
public interest.\38\ The proposed rule change makes permanent the pilot
program allowing for list selection of arbitrators, but does so with
modifications that make it easier for customers to opt for list
selection, while retaining the method of traditional arbitrator
appointment as an alternative for parties. The proposed rule change
institutes a system of selecting arbitrators that is comparable to the
SICA's UCA and that of the NASD. Although commenters expressed concerns
with various of the modifications between the pilot program and the
amendments to NYSE Rule 607 put forth in the proposed rule change,
including the elimination of the second list and the limitations on
preemptive strikes, the Exchange described the way these provisions had
operated during the Exchange's administration of the pilot program, and
explained the ways in which these provisions had appeared to the
Exchange to delay the arbitration process. In light of the Exchange's
experience with the pilot program, the Exchange's decision to eliminate
these provisions of the pilot program appears reasonable. The Exchange
also explained that arbitrator's past awards are readily available to
parties, and that the last three arbitrator award decisions will be
sent to parties should they request it. The NYSE also amended its Rule
607 in order to provide for a time period in which the lists of
arbitrators should be sent to the parties that is the same as the
NASD's requirement, creating consistency between the two systems.
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    \36\ 15 U.S.C. 78f(b).
    \37\ 15 U.S.C. 78f(b)(5).
    \38\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    We believe that the proposed amendments to NYSE Rule 607 will
provide the NYSE with a list selection mechanism for selecting
arbitrators comparable to that of the NASD and SICA's UCA, and that the
list selection process will give customers increased involvement in the
selection of the arbitrators who will hear their claims, leading to
increased investor confidence in the NYSE's arbitral selection system.
Accelerated Approval of Amendment No. 4
    The Commission finds good cause for approving Amendment No. 4 to
the proposed rule change prior to the thirtieth day after the amendment
is published for comment in the Federal Register pursuant to section
19(b)(2) of the Act.\39\ Amendment No. 4 provided a time period in
which the NYSE would be required to provide the parties with lists of
arbitrators. Setting a specific time for sending the lists of
arbitrators to the parties will create consistency across the
arbitration system in place at the NYSE. Further, the timing of the
NYSE's sending of the lists to parties is identical to that of the
NASD, thereby creating consistency between the two arbitration systems.
The Commission finds that, given the benefits of having the Exchange
set a specific time for sending out the lists of arbitrators, it is
appropriate for the Exchange to amend the proposed rule text to reflect
consistency in the involvement of arbitrators in the process.
Accordingly, the Commission believes that accelerated approval of
Amendment No. 4 is appropriate.
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    \39\ 15 U.S.C. 78s(b)(2).
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V. Conclusion

    It Is Therefore Ordered, pursuant to section 19(b)(2) of the Act
\40\ that the proposed rule change (SR-NYSE-2005-02) be, and hereby is,
approved.
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    \40\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\41\
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    \41\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
[FR Doc. E5-6653 Filed 11-28-05; 8:45 am]

BILLING CODE 8010-01-P