[Federal Register: April 14, 2010 (Volume 75, Number 71)]
[Notices]
[Page 19443-19444]
[DOCID:fr14ap10-113]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61864; File No. SR-NYSEAmex-2010-36]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Establish Fees
for Professional Customers and To Make Certain Other Changes to its
Options Fee Schedule

April 7, 2010.
    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 April 1, 2010, NYSE Amex LLC (``NYSE Amex'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. NYSE Amex has designated this
proposal as one establishing or changing a member due, fee, or other
charge imposed under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule
19b-4(f)(2) 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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes multiple changes to its Schedule of Fees and
Charges (the ``Schedule'') effective April 1, 2010. The text of the
proposed rule change is attached as Exhibit 5 to the 19b-4 form. A copy
of this filing is available on the Exchange's Web site at http://
www.nyse.com, at the Exchange's principal office, the Commission's
Public Reference Room, and on the Commission's Web site at http://
www.sec.gov.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 parts of such statements.

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

1. Purpose
    NYSE Amex proposes to establish fees for a new type of customer
known as a Professional Customer as defined in proposed NYSE Amex rule
900.2NY(18A), effective April 1, 2010, contingent upon the approval of
the Professional Customer rule filing.\5\ This new designation will
treat Professional Customers in the same manner as Broker Dealers for
purposes of priority and parity. Consistent with that treatment, the
Exchange is seeking to establish fees for Professional Customers that
are the same as the fees charged to the execution of Broker Dealer
orders. Professional Customer orders that are executed electronically
will be subject to a fee of $.20 per contract. Professional Customer
orders executed in open outcry will be subject to a fee of $.25 per
contract. Professional Customer transactions in any product that has a
licensing or royalty fee will be assessed that fee as well.
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    \5\ Securities Exchange Act Release No. 61629 (March 2, 2010),
75 FR 10851 (March 9, 2010)(Notice of Filing of SR-NYSEAmex-2010-
18).
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    NYSE Amex also proposes to clarify the treatment of Professional
Customer orders as they relate to certain provisions in the Fee
Schedule. For purposes of the calculation associated with the
Specialist/e-Specialist/DOMM Rights Fee, Professional Customer orders
will be treated as Customer orders. The Routing Surcharge will be
assessed on all non-customer orders routed to away markets and on
Customer orders, including Professional Customer orders, that are
charged a transaction fee at another exchange. The Cancellation Fee
will not apply to Professional Customer orders. Only public customer
electronic orders that trade contra to a market maker will result in
the collection of marketing charges under the Exchange's payment for
order flow program. Broker Dealer and Professional Customer electronic
orders that trade contra to a market maker will not result in the
collection of marketing charges.
    The Exchange proposes to restructure certain trade related charges
for non-electronic trades. These trades are executed in the Firm range
(clearance account ``F'') and are currently billed either the Firm
Facilitation rate or the Broker Dealer & Firm Manual rate. Under the
current rate schedule trades by a firm that facilitate a customer, or
Firm Facilitation trades, are subject to a $0.00 rate per contract.
Firm transactions not facilitating a customer are subject to a $0.25
Broker/Dealer & Firm Manual rate. Under the revised rate schedule all
manual trades clearing in the Firm range will be subject to a rate of
$0.25 per contract, subject to tiered pricing as described below. The
Exchange believes that billing all Firm Manual transactions at the same
rate is a fair and equitable allocation of fees.
    NYSE Amex also proposes to adopt a tiered pricing schedule
applicable to Firm Proprietary manual executions on behalf of ATP
holders that clear in the firm range. The tiered schedule seeks to
create an incentive for executing more manual Firm Proprietary volume
on the Exchange. At the same time, the Exchange proposes to reduce the
fees for electronic executions for Broker Dealers and Firm Proprietary
activity from $.30 per contract to $.20 per contract. Firm Proprietary
electronic trades will now be represented as a separate line on the
Schedule. Concurrently, with the implementation of tiered pricing for
Firm Proprietary manual volumes, Firm Facilitation trades will be
eliminated as a separate category on the fee schedule. All non-Strategy
Executions currently executed as Firm Facilitation trades in open
outcry or manual trades will fall under the new tiered pricing schedule
and the customer side of a Firm Facilitation trade will continue to

remain free. The proposed pricing schedule is shown below, and is
applicable to volumes executed in any calendar month. This tiered
pricing schedule for Firm Proprietary executions is similar in
structure to the tiered pricing currently in place at the CBOE.\6\
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    \6\ See CBOE Fee Schedule dated 3/16/2010. http://www.cboe.com/
publish/feeschedule/CBOEFeeSchedule.pdf.

------------------------------------------------------------------------
                                                           Per contract
   Firm proprietary manual contract volumes per month          rate
------------------------------------------------------------------------
First 174,999 contracts.................................            $.25
175,000 to 299,999 contracts............................             .20
300,000 to 399,999 contracts............................             .15
400,000 to 599,999 contracts............................             .10
600,000 to 799,999 contracts............................             .05
800,000 or greater contracts............................             .02
------------------------------------------------------------------------

    Manual Broker Dealer and Firm Proprietary Strategy trades will be
billed at $.25 per contract subject to the $750 cap per day per option
class, and further capped at $25,000 per month, per firm for all
Strategy Executions. Additionally, any volumes subject to the Strategy
Execution fee cap of $750 per day per option class or the monthly cap
of $25,000 will not count towards the volume thresholds shown above.
The Exchange also proposes to clarify that Flex trades are not eligible
for strategy treatment.
    Lastly, the Exchange is proposing a reduction in fees charged for a
User Activity Extract (Batch) report. Currently, the charge for the
report is $0.0075 per trade plus any development and set up costs. The
new rate will be $0.002 per trade plus any development and set up
costs.
    The changes are part of the Exchange's continued effort to attract
and enhance participation on the NYSE Amex options marketplace. The
Exchange believes these proposed fee changes are reasonable and
equitable in that they apply uniformly to all similarly situated
participants on the NYSE Amex options marketplace.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(the ``Act''),\7\ in general, and Section 6(b)(4) of the Act,\8\ in
particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities. The proposed fees are
reasonable and equitable in that they apply uniformly to all similarly
situated participants on the NYSE Amex options marketplace.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
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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 that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge
imposed by the NYSE Amex.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2010-36 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAmex-2010-36. 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 such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
publicly available. All submissions should refer to File Number SR-
NYSEAmex-2010-36 and should be submitted on or before May 5, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-8539 Filed 4-13-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 28, 2008 (Volume 73, Number 230)]
[Notices]
[Page 72493-72494]
[DOCID:fr28no08-89]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0578]

Pediatric Ethics Subcommittee; Amendment of Notice

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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    The Food and Drug Administration (FDA) is announcing an amendment
to the notice of meeting of the Pediatric Ethics Subcommittee of the
Pediatric Advisory Committee. This meeting was

announced in the Federal Register of November 14, 2008 (73 FR 67525).
The amendment is being made to reflect a change in the Procedure
portion of the document. There are no other changes.

FOR FURTHER INFORMATION CONTACT:  Carlos Pe[ntilde]a, Office of Science
and Health Coordination, Office of the Commissioner (HF-33), Food and
Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-
3340, e-mail<EMAIL_ADDRESS>or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area), code<PHONE_NUMBER>. Please call the Information Line for up-to-date
information on this meeting.

SUPPLEMENTARY INFORMATION: In the Federal Register of November 14,
2008, FDA announced that a meeting of the Pediatric Ethics Subcommittee
of the Pediatric Advisory Committee would be held on December 9, 2008.
On page 67525, in the third column, the third sentence of the Procedure
portion of the document is changed to read as follows:

    Oral presentations from the public will be scheduled between
approximately 11 a.m. to 12 noon on December 9, 2008.

    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14, relating to the advisory committees.

    Dated: November 21, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8-28382 Filed 11-26-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Rules and Regulations]
[Pages 35538-35539]
[FR Doc No: 2019-15642]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0060; Airspace Docket No. 18-ASO-20]
RIN 2120-AA66

Removal of Area Navigation (RNAV) Route Q-106; Southern United
States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes RNAV route Q-106 which extends between the
SMELZ, FL, waypoint (WP) and the GADAY, AL, WP. With the implementation
additional Q routes by the Florida Metroplex Q-route Project, the FAA
has determined that Q-106 is no longer required.

DATES: Effective date 0901 UTC, October 10, 2019. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it supports the air traffic service route structure in the
southeastern United States to maintain the efficient flow of air
traffic.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2019-0060 in the Federal Register (84 FR 7308; March 4, 2019)
removing RNAV route Q-106. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal. No comments were received.
    Area navigation routes are published in paragraph 2006, of FAA
Order 7400.11C dated August 13, 2018, and effective September 15, 2018,
which is incorporated by reference in 14 CFR 71.1. The area navigation
route listed in this document will be subsequently removed from the
Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 71 by removing RNAV route Q-106 that extends between the SMELZ,
FL, WP and the GADAY, AL, WP. With the implementation of additional Q
routes in the Florida Metroplex Q-route Project (Docket No. FAA-2018-
0437, 83 FR 54864; November 1, 2018), the FAA has determined that Q-106
is redundant and no longer required.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a

``significant regulatory action'' under Executive Order 12866; (2) is
not a ``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this airspace action of removing RNAV
route Q-106 between the SMELZ, FL, WP and the GADAY, AL, WP has no
potential to cause any significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment. Therefore, this airspace action has been
categorically excluded from further environmental impact review in
accordance with the National Environmental Policy Act (NEPA) and its
implementing regulations at 40 CFR parts 1500-1508, and in accordance
with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). In accordance with
FAA Order 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances,
this action has been reviewed for factors and circumstances in which a
normally categorically excluded action may have a significant
environmental impact requiring further analysis, and it is determined
that no extraordinary circumstances exist that warrant preparation of
an environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 2006--United States Area Navigation Routes Q-106 [Removed]

    Issued in Washington, DC, on July 17, 2019.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2019-15642 Filed 7-23-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 1 (Wednesday, January 2, 2013)]
[Notices]
[Page 143]
[FR Doc No: 2012-31593]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Desert Mining, Inc., Eagle Broadband, Inc., Endovasc, Inc.,
Environmental Oil Processing Technology Corp., Falcon Ridge
Development, Inc., Fellows Energy Ltd., Forster Drilling Corp. (n/k/a
Phoenix Drilling Corporation), and Golden Autumn Holdings, Inc.; Order
of Suspension of Trading

December 28, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Desert Mining, Inc. because it has not filed any periodic reports since
the period ended September 30, 2009.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Eagle Broadband, Inc. because it has not filed any periodic reports
since the period ended May 31, 2007.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Endovasc, Inc. because it has not filed any periodic reports since the
period ended March 31, 2007.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Environmental Oil Processing Technology Corp. because it has not filed
any periodic reports since the period ended September 30, 2002.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Falcon Ridge Development, Inc. because it has not filed any periodic
reports since the period ended March 31, 2009.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Fellows Energy Ltd. because it has not filed any periodic reports since
the period ended December 31, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Forster Drilling Corp. (n/k/a Phoenix Drilling Corporation) because it
has not filed any periodic reports since the period ended February 29,
2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Golden Autumn Holdings, Inc. because it has not filed any periodic
reports since the period ended June 30, 2007.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EST on December 28, 2012, through 11:59
p.m. EST on January 11, 2013.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-31593 Filed 12-28-12; 4:15 pm]
BILLING CODE 8011-01-P