[Federal Register: May 27, 2010 (Volume 75, Number 102)]
[Notices]
[Page 29793-29795]
[DOCID:fr27my10-98]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62146; File No. SR-FINRA-2010-023]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Update Certain Cross-References and Make a Non-
Substantive Technical Change to a FINRA Rule

May 20, 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 May 4, 2010, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of this
filing by 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\ 17 CFR 240.19b-4(f)(6).

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

    FINRA is proposing to update cross-references within certain FINRA
rules to reflect changes adopted in the consolidated FINRA rulebook and
to make a non-substantive technical change to a FINRA rule.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, FINRA 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. FINRA 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
    FINRA is in the process of developing a new consolidated rulebook
(``Consolidated FINRA Rulebook'').\4\ That process involves FINRA
submitting to the Commission for approval a series of proposed rule
changes over time to adopt rules in the Consolidated FINRA Rulebook.
The phased adoption and implementation of those rules necessitates
periodic amendments to update rule cross-references and other non-
substantive technical changes in the Consolidated FINRA Rulebook.
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    \4\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
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    The proposed rule change would update rule cross-references to
reflect recent changes adopted in the Consolidated FINRA Rulebook. The
proposed rule change would update FINRA Rule 0150 to reflect (1) the
adoption into the Consolidated FINRA Rulebook of FINRA Rule 2261 and
the deletion of NASD Rules 2270 and 2910 \5\ and (2) the deletion of
NASD Rules 2450 \6\ and 2780.\7\ The rule cross-references in FINRA
Rule 6630 \8\ would be similarly updated to reflect (1) the adoption of
FINRA Rule 2261 and the deletion of NASD Rule 2270 \9\ and (2) the
deletion of NASD Rule 2450.\10\ Finally, the rule references in FINRA
Rule 9217, which sets forth FINRA's Minor Rule Violation Plan, would be
updated to reflect the deletion of Incorporated NYSE Rule 411(b).\11\
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    \5\ See Securities Exchange Act Release No. 61540 (February 18,
2010), 75 FR 8771 (February 25, 2010) (Order Approving File No. SR-
FINRA-2009-081).
    \6\ See Securities Exchange Act Release No. 61542 (February 18,
2010), 75 FR 8768 (February 25, 2010) (Order Approving File No. SR-
FINRA-2009-093).
    \7\ See Securities Exchange Act Release No. 61473 (February 2,
2010), 75 FR 6422 (February 9, 2010) (Order Approving File No. SR-
FINRA-2009-087).
    \8\ The text of FINRA Rule 6635 has recently been amended and
been renumbered as FINRA Rule 6630. The amended rule text is
reflected in the attached Exhibit 5. See Securities Exchange Act
Release No. 61979 (April 23, 2010), 75 FR 23316 (May 3, 2010) (SEC
Approval Order for File No. SR-FINRA-2010-003).
    \9\ See note 5.
    \10\ See note 6.
    \11\ See note 7.
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    In addition, the proposed rule change would make a technical
amendment to FINRA Rule 3160 to reflect a change in FINRA's style
convention when referencing federal securities regulations.
    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date for the proposed rule change
will be June 14, 2010, the date on which the previously approved rule
changes will be implemented.\12\
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    \12\ See Regulatory Notice 10-21 (April 2010).
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2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\13\ which requires, among
other things, that FINRA 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. FINRA believes the proposed rule change will provide
greater clarity to members and the public regarding FINRA's rules.
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    \13\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA 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.

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 \14\ and Rule 19b-
4(f)(6) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
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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-FINRA-2010-023 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2010-023. 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 FINRA. 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-FINRA-2010-023 and should be submitted on or before June 17, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-12747 Filed 5-26-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Page 30914]
[FR Doc No: 2013-12293]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1494-416]

Grand River Dam Authority Notice of Application for Temporary
Variance of License and Soliciting Comments, Motions To Intervene and
Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Temporary variance of license.
    b. Project No.: 1494-416.
    c. Date Filed: March 20, 2013, and supplemented on May 3, 2013, and
May 16, 2013.
    d. Applicant: Grand River Dam Authority.
    e. Name of Project: Pensacola Hydroelectric Project.
    f. Location: The project is located on the Grand River in Craig,
Delaware, Mayes, and Ottawa Counties, Oklahoma.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Daniel S. Sullivan, Chief Executive Officer,
Grand River Dam Authority, P.O. Box 409, Vinita, OK 74301; telephone:
(918) 256-5545.
    i. FERC Contact: B. Peter Yarrington, telephone:<PHONE_NUMBER>,
and email address<EMAIL_ADDRESS>or Linda Stewart,
telephone:<PHONE_NUMBER>, and email address<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and protests
is 15 days from the issuance date of this notice by the Commission.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail a copy to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426. Please include
the project number (P-1494-416) on any comments or motions filed.
    k. Description of Request: Grand River Dam Authority (GRDA)
requests a temporary variance, for the year 2013, to deviate from the
reservoir elevation rule curve stipulated under Article 401 of the
project license. GRDA makes its request based on existing and expected
drought conditions in the Grand (Neosho) River basin. Specifically,
GRDA requests that it be allowed to forgo the annual drawdown required
by the rule curve to begin on August 1, and instead implement release
rates equivalent to 0.03 to 0.06 foot of reservoir elevation per day,
beginning on August 1. Reservoir elevations under the proposal would be
above the rule curve until approximately September 20. Between
approximately September 20 and October 24, reservoir elevations would
be above or below the rule curve depending on a number of factors
including inflows to the reservoir, and releases made to ensure
maintenance of downstream dissolved oxygen concentrations and to
support operation of downstream hydroelectric projects. Specific flow
releases and the timing of the termination of the temporary variance
would be determined through adaptive management.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. A copy is also
available for inspection and reproduction at the address in item (h)
above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable ; (2) set forth in the heading
the name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the amendment application.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: May 16, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-12293 Filed 5-22-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7991-7992]
[FR Doc No: 2023-02572]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2022-0031; OMB No. 1660-0080]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Application for Surplus Federal Real Property
Public Benefit Conveyance and Base Realignment and Closure (BRAC)
Program for Emergency Management Use

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 30-Day notice of revision and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will seek comments
concerning the application process for the conveyance of Federal real
property for public benefit.

DATES: Comments must be submitted on or before March 9, 2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C Street SW, Washington, DC 20472,
email address [email protected] or
Justin Dowdy, Realty Specialist, FEMA at<PHONE_NUMBER> or
[email protected].

SUPPLEMENTARY INFORMATION: Excess Federal real property is defined as
property that is no longer mission critical to the needs of the Federal
Government. The conveyance and disposal of excess real property is
governed by the Federal Property and Administrative Services Act of
1949 (Property Act) as amended, 40 U.S.C. 541, et seq., 40 U.S.C. 553,
and applicable regulations (41 CFR 102-75.750 through 102.75.815).
Under the sponsorship of FEMA, the Property Act gives the Administrator
of the General Services Administration (GSA) authority to convey
Federal real and related surplus property (without monetary
consideration) to units of state and local government for emergency
management response purposes, including fire rescue services. The scope
and philosophy of GSA's real property policies are contained in 41 CFR
part 102-71.
    The purpose of this application is to implement the processes and
procedures for the successful, lawful, and expeditious conveyance of
real property from the Federal Government to public entities such as
state, local, city, town, or other like government bodies as it relates
to emergency management response purposes, including fire and rescue
services. Compliance will ensure that properties will be fully
positioned to use at their highest and best potential as required by
GSA and Department of Defense regulations, Federal law, Executive
Orders, and the Code of Federal Regulations.
    This proposed information collection previously published in the
Federal Register on November 2, 2022, at 87 FR 66206 with a 60 day
public comment period. No comments were received. The purpose of this
notice is to notify the public that FEMA will submit the information
collection abstracted below to the Office of Management and Budget for
review and clearance.

Collection of Information

    Title: Application for Surplus Federal Real Property Public Benefit
Conveyance and Base Realignment and Closure (BRAC) Program for
Emergency Management Use.
    Type of Information Collection: Extension, with changes, of a
currently approved information collection.
    OMB Number: 1660-0080.
    FEMA Forms: FEMA Form FF-119-FY-22-133 (formerly 119-0-1), Surplus
Federal Real Property Application for Public Benefit Conveyance.

    Abstract: Use of the Application for Surplus Federal Real Property
Public Benefit Conveyance and Base Realignment and Closure (BRAC)
Program for Emergency Management Use is necessary to implement the
processes and procedures for the successful, lawful, and expeditious
conveyance of real property from the Federal Government to public
entities such as state, local, county, city, town, or other like
government bodies, as it relates to emergency management response
purposes, including fire and rescue services. Utilization of this
application will ensure that properties will be fully positioned for
use at their highest and best potential as required by General Services
Administration and Department of Defense regulations, public law,
Executive Orders, and the Code of Federal Regulations.
    Affected Public: State, local, or Tribal Government.
    Estimated Number of Respondents: 15.
    Estimated Number of Responses: 15.
    Estimated Total Annual Burden Hours: 68.
    Estimated Total Annual Respondent Cost: $5,291.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $3,321.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2023-02572 Filed 2-6-23; 8:45 am]
BILLING CODE 9111-19-P


 Incorporation by Reference

Docket ID No. EPA-HQ-OAR-2011-0083

February 23, 2011

The contents of the following dockets are hereby incorporated by
reference into and are considered to be included in, contained in and to
have been placed in Docket EPA-HQ-OAR-2011-0083 (Deferral for CO2
emissions from Bioenergy and Other Biogenic Sources under the Prevention
of Significant Deterioration (PSD) and Title V Programs:  Proposed
Rule):

EPA-HQ-OAR-2010-0560 (Information on GHG Emissions Associated with
Bioenergy and Other Biogenic Sources)

EPA-HQ-OAR-2010-0841 (PSD and Title V Permitting Guidance for Greenhouse
Gases)

EPA-HQ-OAR-2009-0517 (Prevention of Significant Deterioration and Title
V Greenhouse Gas Tailoring Rule)

EPA-HQ-OAR-2008-0508 (Greenhouse Gas Reporting Program)

Accessing dockets:

Publicly available docket materials are available either electronically
through www.regulations.gov or in hard copy at EPA’s Docket Center,
Public Reading Room, EPA West Building, Room 3334, 1301 Constitution
Avenue, NW, Washington, DC 20004. This Docket Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air Docket is<PHONE_NUMBER>.


[Federal Register: October 27, 2005 (Volume 70, Number 207)]
[Notices]
[Page 62005-62006]
[DOCID:fr27oc05-66]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0185 (2006)]

The Cadmium in General Industry Standard; Extension of the Office
of Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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SUMMARY: OSHA solicits public comment concerning its request for an
extension of the information collection requirements contained in the
Cadmium in General Industry Standard (29 CFR 1910.1027). This standard
controls occupational exposure to cadmium, thereby preventing serious
disease (e.g., lung cancer, prostate cancer, kidney disease) and death
among exposed employees.

DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or received)
by December 27, 2005.
    Facsimile and electronic transmission: Your comments must be
received by December 27, 2005.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0185 (2006), by any of the following methods:
    Regular mail, express delivery, hand delivery, and messenger
service: Submit your comments and attachments to the OSHA Docket
Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone<PHONE_NUMBER> (OSHA's TTY number
is<PHONE_NUMBER>). OSHA Docket Office and Department of Labor hours
are 8:15 a.m. to 4:45 p.m., ET.
    Facsimile: If your comments are 10 pages or fewer in length,
including attachments, you may fax them to the OSHA Docket Office at
(202) 693-1648.
    Electronic: You may submit comments through the Internet at http://ecomments.osha.gov.
 Follow instructions on the OSHA Web page for

submitting comments.
    Docket: For access to the docket to read or download comments or
background materials, such as the complete Information Collection
Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and
attachments), go to OSHA's Web page at http://www.OSHA.gov. In

addition, the ICR, comments and submissions are available for
inspection and copying at the OSHA Docket Office at the address above.
You may also contact Todd Owen at the address below to obtain a copy of
the ICR. For additional information on submitting comments, please see
the ``Public Participation'' heading in the SUPPLEMENTARY INFORMATION
section of this document.

FOR FURTHER INFORMATION CONTACT: Todd Owen, Directorate of Standards
and Guidance, OSHA, Room N-3609, 200 Constitution Avenue, NW.,
Washington, DC 20210, telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the Act) (29 U.S.C. 651 et
seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the causes and prevention of occupational injuries,
illnesses, and accidents (29 U.S.C. 657).
    On January 5, 2005, OSHA published the final rule for the Standards
Improvement Project--Phase II (70 FR 1112). The final rule removed and
revised provisions of standards that were outdated, duplicative,
unnecessary, or inconsistent, and clarified or simplified regulatory
language. The final rule contained several revisions to collections of
information contained in the Cadmium Standard. These revisions
included: removing the word ``signed'' that appears in the introductory
sentence in paragraph (1)(10)(1) of the Standard; and allowing
employers the option of posting employee-monitoring results, or
individually informing each employee of these results. Those changes
reduced paperwork burden hours while maintaining worker protection and
improving consistency among standards.
    The information collection requirements specified in the Cadmium in
General Industry Standard protect employees from the adverse health
effects that may result from occupational exposure to cadmium. The
major information collection reuqirements in the Standard include
conducting employee exposure monitoring, notifying employees of their
cadmium exposures, implementing a written compliance program,
implementing medical-surveillance of employees, providing examining
physicians with specific information, ensuring that employees receive a
copy of their medical-surveillance results, maintaining employees'
exposure-monitoring and medical-surveillance records for specific
periods, and providing access to these records by OSHA, the National
Institute for Occupational Safety and Health, the employee who is the
subject of the records, the employee's representative, and other
designated parties.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend the approval of the collection
of information (paperwork) requirements necessitated by the Cadmium in
General Industry Standard (29 CFR 1910.1027). As part of this proposal,
the Agency is requesting a 167-hour burden reduction (adjustment)
resulting from not identifying any new employers who will

gather information necessary to meet the objective data requirements
required specified by paragraph Sec.  1910.1027(d)(2)(iii) of the
Standard. The Agency will summarize the comments submitted in response
to this notice, and will include this summary in its request to OMB to
extend its approval of these information collection requirements.
    Type of Review: Extension of currently approved information
collection requirements.
    Title: Cadmium in General Industry Standard.
    OMB Number: 1218-0185.
    Affected Public: Business or other for-profits; Federal government;
State, local, or tribal government.
    Number of Respondents: 53,161.
    Frequency: On occasion; quarterly; semi-annually; annually.
    Average Time Per Response: Varies from five minutes (.08 hour) for
several provisions (e.g., maintaining an employee's exposure-monitoring
or medical-surveillance record, providing information about an employee
to the physician) to 1.5 hours to review and update a compliance
program or administer an employee medical examination.
    Estimated Total Burden Hours: 121,177.
    Estimated Cost (Operation and Maintenance): $6,190,817.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments and supporting materials in response to
this notice by (1) hard copy, (2) FAX transmission (facsimile), or (3)
electronically through the OSHA Web page. Because of security-related
problems, there may be a significant delay in the receipt of comments
by regular mail. Please contact the OSHA Docket Office at (202) 693-
2350 (TTY<PHONE_NUMBER>) for information about security procedures
concerning the delivery of submissions by express delivery, hand
delivery, and courier service.
    All comments, submissions and background documents are available
for inspection and copying at the OSHA Docket Office at the above
address. Comments and submissions posted on OSHA's Web page are
available at http://www.OSHA.gov. Contact the OSHA Docket Office for

information about materials not available through the OSHA Web page and
for assistance using the Web page to locate docket submissions.
    Electronic copies of this Federal Register notice as well as other
relevant documents are available on OSHA's Web page. Since all
submissions become public, private information such as social security
numbers should not be submitted.

V. Authority and Signature

    Jonathan L. Snare, Acting Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.), and Secretary of Labor's Order No. 5-
2002 (67 FR 65008).

    Signed at Washington, DC, on October 21, 2005.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
[FR Doc. 05-21481 Filed 10-26-05; 8:45 am]

BILLING CODE 4510-26-M


[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Notices]
[Pages 5513-5514]
[FR Doc No: 2012-2446]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OARM-2011-0058; FRL-9626-9]

Public Availability of Environmental Protection Agency FY 2011
Service Contract Inventory

AGENCY: Environmental Protection Agency.

ACTION: Notice of Public Availability of FY 2011 Service Contract
Inventories.

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SUMMARY: In accordance with Section 743 of Division C of the
Consolidated Appropriations Act of 2010 (Pub. L. 111-117),
Environmental Protection Agency is publishing this notice to advise the
public of the availability of the FY 2011 Service Contract Inventory.
This inventory provides information on service contract actions over
$25,000 that were made in FY 2011. The information is organized by
function to show how contracted resources are distributed throughout
the agency. The inventory has been developed in accordance with
guidance issued by the Office of Management and Budget's Office of
Federal Procurement Policy (OFPP), Service Contract Inventories
(December 19, 2011). Environmental Protection Agency has posted its
inventory and a summary of the inventory on the EPA's homepage at the
following link: http://www.epa.gov/oam/inventory/inventory.htm.

FOR FURTHER INFORMATION CONTACT: Questions regarding the service
contract inventory should be directed to Linear Cherry in the Office of
Acquisition Management, Headquarters Procurement Operations Division
(3803R), Business Analysis Strategic Sourcing, Environmental Protection
Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

How can I get copies of this docket and other related information?

    1. EPA has established a docket for this action under Docket ID No.
EPA-HQ-OARM-2011-0058. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the FY 2011 Service Contract Inventory Docket in the
EPA Docket Center, (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The EPA Docket Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the FY 2011 Service Contract
Inventory Docket is<PHONE_NUMBER>.
    2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.

    Dated: January 27, 2012.
John R. Bashista,
Director, Office of Acquisition Management.
[FR Doc. 2012-2446 Filed 2-2-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Proposed Rules]
[Pages 35352-35354]
[FR Doc No: 2019-15519]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0494; Product Identifier 2019-NM-051-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 787 series airplanes. This
proposed AD was prompted by reports that the nose landing gear (NLG)
retracted while the airplane was on the ground with weight on wheels,
due to the installation of a NLG downlock pin in an incorrect location.
This proposed AD would require installing an insert to prevent
installation of the pin in the incorrect location. The FAA is proposing
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
6, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR

11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this referenced service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0494.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0494; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Allen Rauschendorfer, Aerospace
Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th
St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0494;
Product Identifier 2019-NM-051-AD'' at the beginning of your comments.
The agency specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The agency
will consider all comments received by the closing date and may amend
this NPRM because of those comments.
    The FAA will post all comments, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this proposed AD.

Discussion

    In March of 2018, the FAA received a report indicating that the NLG
on a Boeing Model 787-8 retracted on the ground, with weight on the
airplane's wheels, while undergoing maintenance testing. Although no
maintenance personnel were injured, the incident resulted in major
structural damage to the forward fuselage of the airplane. The NLG
retraction occurred due to the NLG downlock pin being installed in an
incorrect location: The apex pin inner bore of the NLG lock link
assembly, which is adjacent to the correct location for the NLG
downlock pin. A similar retraction occurred in March of 2016 on a
Boeing Model 787-8 airplane with passengers aboard, resulting in
substantial damage to the aircraft and minor injuries to passengers. In
addition, we received a safety report from an operator's maintenance
technician arising from the March 2018 incident that described the risk
of an inadvertent NLG retraction due to accidentally installing the NLG
downlock pin in the apex pin inner bore of the NLG lock link assembly.
We considered the reports of NLG retraction and the safety report in
our risk assessment. Accidentally installing the NLG downlock pin in
the apex pin inner bore of the NLG lock link assembly, if not
addressed, could result in the NLG retracting on the ground, possibly
causing serious injuries to personnel and passengers and substantial
damage to the airplane.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Requirements Bulletin B787-81205-SB320040-
00 RB, Issue 001, dated March 12, 2019. The service information
describes procedures for installing an insert into the apex pin inner
bore of the NLG lock link assembly to prevent the NLG downlock pin from
being inserted in the incorrect location.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    The FAA is proposing this AD because the agency evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions
identified in Boeing Requirements Bulletin B787-81205-SB320040-00 RB,
Issue 001, dated March 12, 2019, described previously, except for any
differences identified as exceptions in the regulatory text of this
proposed AD.
    For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0494.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 73 airplanes
of U.S. registry. The agency estimates the following costs to comply
with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Install insert........................  2 work-hours x $85 per            $1,820          $1,990        $145,270
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

The Boeing Company: Docket No. FAA-2019-0494; Product Identifier
2019-NM-051-AD.

(a) Comments Due Date

    The FAA must receive comments by September 6, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 787-8, 787-9, and
787-10 airplanes, certificated in any category, as identified in
Boeing Requirements Bulletin B787-81205-SB320040-00 RB, Issue 001,
dated March 12, 2019.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Unsafe Condition

    This AD was prompted by reports that the nose landing gear (NLG)
retracted on the ground, with weight on the airplane's wheels, due
to the incorrect installation of a NLG downlock pin in the apex pin
inner bore of the NLG lock link assembly. The FAA is issuing this AD
to address the NLG downlock pin being incorrectly installed in the
apex pin inner bore of the NLG lock link assembly, which could
result in the NLG retracting on the ground, possibly causing serious
injuries to personnel and passengers and substantial damage to the
airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Requirements Bulletin B787-81205-SB320040-00 RB, Issue 001, dated
March 12, 2019, do all applicable actions identified in, and in
accordance with, the Accomplishment Instructions of Boeing
Requirements Bulletin B787-81205-SB320040-00 RB, Issue 001, dated
March 12, 2019.
    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Service Bulletin B787-
81205-SB320040-00, Issue 001, dated March 12, 2019, which is
referred to in Boeing Requirements Bulletin B787-81205-SB320040-00
RB, Issue 001, dated March 12, 2019.

(h) Exceptions to Service Information Specifications

    For purposes of determining compliance with the requirements of
this AD: Where Boeing Requirements Bulletin B787-81205-SB320040-00
RB, Issue 001, dated March 12, 2019, uses the phrase ``the Issue 001
date of Requirements Bulletin B787-81205-SB320040-00 RB,'' this AD
requires using ``the effective date of this AD.''

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (j)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.

(j) Related Information

    (1) For more information about this AD, contact Allen
Rauschendorfer, Aerospace Engineer, Airframe Section, FAA, Seattle
ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and
fax:<PHONE_NUMBER>; email: [email protected].
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on July 11, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-15519 Filed 7-22-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Notices]
[Pages 71495-71497]
[FR Doc No: 2014-28317]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73684; File No. SR-ICC-2014-19]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Proposed Rule Change to Formalize the ICC Operational Risk
Management Framework

November 25, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 18, 2014, ICE Clear Credit LLC (``ICC'') 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 primarily by ICC. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The principal purpose of the proposed rule change is to update and
formalize ICC's Operational Risk Management Framework. These revisions
do not require any changes to the ICC Clearing Rules (``Rules'').

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

    In its filing with the Commission, ICC 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. ICC has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of these statements.

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

    ICC proposes to update and formalize the ICC Operational Risk
Management Framework.
    ICC believes such revisions will facilitate the prompt and accurate
clearance and settlement of securities transactions and derivative
agreements, contracts, and transactions for which it is responsible.
The proposed revisions are described in detail as follows.
    The ICC Operational Risk Management Framework is one of several
documents that establish the ICC Risk Management Framework. As a
central counterparty, ICC occupies an important place in the clearing
of credit default swaps and faces operational risks related to the
functioning of both personnel and systems. The ICC Operational Risk
Management Framework creates a program of risk assessment and oversight
designed to identify, monitor and manage plausible sources of
operational risk.\3\ The operational risk program established by the
Operational Risk Management Framework includes pro-active risk
identification and mitigation, along with timely management and
reporting of operational performance measures. The program applies to
all ICC activities, groups, functions and locations and is also
designed to evaluate and mitigate operations risk presented to ICC by
its partners, related entities, and vendors.
---------------------------------------------------------------------------

    \3\ ``Operational risk'' is defined in the ICC Operational Risk
Management Framework as the risk that deficiencies in information
systems, internal processes, personnel, or disruptions from external
events will result in the reduction, deterioration, or breakdown of
services.
---------------------------------------------------------------------------

    The Operational Risk Framework provides the Operational Risk
Manager with the full responsibility and authority to develop and
enforce, in consultation with the ICC Board and appropriate members of
senior management, the operational risk program. The ICC Board retains
responsibility for oversight of ICC's operational risk management
program. The Operational Risk Manager is the owner of the Operational
Risk Management Framework document, and the initial document and any
material amendments require review and approval by the appropriate
members of senior management and the ICC Board. The Operational Risk
Manager reports to the Chief Compliance Officer who reports directly to
the ICC Board.

    There are several components to the ICC Operational Risk Management
Framework. The Operational Risk Management Framework establishes
clearly defined operational performance objectives that serve as
benchmarks to evaluate efficiency and effectiveness, promote confidence
among management and participants, and evaluate operational performance
against expectations. Further, the Operational Risk Management
Framework sets forth goals for risk identification, assessment, and
mitigation, which include the identification, monitoring, and
management of all plausible sources of operational risk and the
establishment of clear policies and procedures to address presented
risk scenarios. The Operational Risk Management Framework also contains
information regarding how ICC leverages certain shared infrastructures
within the Intercontinental Exchange, Inc. family as part of its
operational risk management program.
    Additionally, the Operational Risk Management Framework details the
Operational Risk Manager's responsibilities in terms of business
continuity planning, vendor risk management, and the release of new
products, processes, and initiatives. The Operational Risk Manager is
also responsible for operational risk reporting, which includes
reporting and addressing significant operational risk weaknesses or
failures timely and appropriately (including escalation to the
appropriate members of senior management and the ICC Audit Committee
and the Board when necessary), and providing ongoing reporting to
appropriate members of senior management and periodic reporting to the
ICC Board and the ICC Audit Committee on the operational risk program
and significant control matters.
    The operational risk management framework is overseen by the ICC
Board, ICC department heads and the Chief Compliance Officer. Internal
audit performs reviews of the operational risk management processes.
    Section 17A(b)(3)(F) of the Act \4\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions, and
to the extent applicable, derivative agreements, contracts and
transactions and to comply with the provisions of the Act and the rules
and regulations thereunder. ICC believes that the proposed rule change
is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to ICC, in particular, to Section
17(A)(b)(3)(F),\5\ because ICC believes that the proposed rule change
will promote the prompt and accurate clearance and settlement of
securities transactions, derivatives agreements, contracts, and
transactions, as the ICC Operational Risk Management Framework is
designed to identify and minimize operational risk presented to the
clearing house by identifying all plausible sources of operational risk
presented to ICC and developing appropriate controls and procedures to
effectively monitor and manage operational risk. As such, the ICC
Operational Risk Management Framework facilitates ICC's ability to
promptly and accurately clear and settle its cleared CDS contracts. In
addition, the proposed revisions are consistent with the relevant
requirements of Rule 17Ad-22.\6\ The ICC Operational Risk Management
Framework is designed to identify and minimize sources of operational
risk through the development and implementation of appropriate systems,
controls, and procedures, as the Operational Risk Management Framework
provides for the creation and maintenance of a comprehensive
operational risk management program and is therefore reasonably
designed to meet the operational risk requirements of Rule 17Ad-
22(d)(4).\7\ As such, the proposed rule change is designed to promote
the prompt and accurate clearance and settlement of securities
transactions, derivatives agreements, contracts, and transactions
within the meaning of Section 17A(b)(3)(F) \8\ of the Act.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78q-1(b)(3)(F).
    \5\ Id.
    \6\ 17 CFR 240.17Ad-22.
    \7\ 17 CFR 240.17Ad-22(d)(4).
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

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

    ICC does not believe the proposed rule change would have any
impact, or impose any burden, on competition. The ICC Operational Risk
Management Framework applies uniformly across all market participants.
Therefore, ICC does not believe the proposed rule change imposes any
burden on competition that is inappropriate 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

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove the proposed rule change; or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICC-2014-19 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICC-2014-19. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of

10:00 a.m. and 3:00 p.m. Copies of such filings also will be available
for inspection and copying at the principal office of ICE Clear Credit
and on ICE Clear Credit's Web site at https://www.theice.com/clear-credit/regulation.
    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-ICC-2014-19
and should be submitted on or before December 23, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-28317 Filed 12-1-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 7, 2008 (Volume 73, Number 26)]
[Notices]
[Page 7349-7352]
[DOCID:fr07fe08-108]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34--57251; File No. SR-NYSE-2007-62]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Changes
to NYSE Rules 104 (Dealings by Specialists); 111 (Reports of
Executions); 123A (Miscellaneous Reports); 123C (Market on the Close
Policy and Expiration Procedures); 421(Periodic Reports); 440B (Short
Sales); 440C (Short Sale Borrowing and Delivery Requirements); 440F
(Public Short Sale Transactions Effected on the Exchange); 440G
(Transactions in Stocks and Warrants for the Accounts of Members,
Allied Members and Member Organizations); 902 (Off-Hours Trading
Orders); 1000 (Automatic Execution of Limit Orders Against Orders
Reflected in NYSE Published Quotation); and 1003 (Application of Tick
Tests) Relating to Recent Amendments to Rule 10a-1 and Regulation SHO

February 1, 2008.
    Pursuant to section 19(b)(1)\1\ of the Securities Exchange Act of
1934 (``Act'')\2\ and Rule 19b-4\3\ thereunder, notice is hereby given
that on July 6, 2007, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), and on December 5, 2007 amended, the proposed rule
change as described in Items I and II below, which items have been
substantially prepared by the Exchange. The Exchange filed the
proposals as ``non-controversial'' rule changes under Rule 19b-
4(f)(6)\4\ under the Act, which rendered the proposals effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule changes from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a et seq.
    \3\ 17 CFR 240.19b-4.
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The NYSE proposes to make conforming amendments to certain of its
rules in light of recent changes to short sale provisions in Rule 10a-
1\5\ of the Act and Regulation SHO.\6\ The rules the Exchange proposes
to amend are the following: Rule 104 (Dealings by Specialists); Rule
111 (Reports of Executions); Rule 123A (Miscellaneous Reports); Rule
123C (Market on the Close Policy and Expiration Procedures); Rule
421(Periodic Reports); Rule 440B (Short Sales); Rule 440C (Short Sale
Borrowing and Delivery Requirements); Rule 440F (Public Short Sale
Transactions Effected on the Exchange); Rule 440G (Transactions in
Stocks and Warrants for the Accounts of Members, Allied Members and
Member Organizations); Rule 902 (Off-Hours Trading Orders); Rule 1000
(Automatic Execution of Limit Orders Against Orders Reflected in NYSE
Published Quotation); and Rule 1003 (Application of Tick Tests).
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    \5\ 17 CFR 240.10a-1.
    \6\ 17 CFR 242.200-203.
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    The text of the proposed rule change is available at the Exchange,
on the Exchange's Web site at http://www.nyse.com, and in the

Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at

the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant aspects of such statements.

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

1. Purpose
    On June 28, 2007, the Commission approved final rules eliminating
the price test of Rule 10a-1 and amending Regulation SHO (``Adopting
Release'').\7\ The amendments prohibit any self-regulatory organization
(``SRO'') from having a price test and remove the ``short exempt''
marking requirement of Rule 200(g). The compliance date for these
changes was July 6, 2007.
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    \7\ See Securities Exchange Act Release No. 55970 (June 28,
2007), 72 FR 36348 (July 3, 2007) (``Adopting Release'').
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    Accordingly, NYSE is proposing conforming amendments to the
following rules: Rule 104 (Dealings by Specialists); Rule 111 (Reports
of Executions); Rule 123A (Miscellaneous Reports); Rule 123C (Market on
the Close Policy and Expiration Procedures); Rule 421(Periodic
Reports); Rule 440B (Short Sales); Rule 440C (Short Sale Borrowing and
Delivery Requirements); Rule 440F (Public Short Sale Transactions
Effected on the Exchange); Rule 440G (Transactions in Stocks and
Warrants for the Accounts of Members, Allied Members and Member
Organizations); Rule 902 (Off-Hours Trading Orders); Rule 1000
(Automatic Execution of Limit Orders Against Orders Reflected in NYSE
Published Quotation); and Rule 1003 (Application of Tick Tests).

Background

    Rule 10a-1 was adopted by the Commission as a means to restrict
short selling in a declining market.\8\ Rule 10a-1(a) covered short
sales in listed securities, or admitted to unlisted securities trading
privileges on a national securities exchange, if trades of the security
were reported pursuant to an ``effective transaction reporting plan''
and information regarding such trades was made available in accordance
with such plan on a real-time basis to vendors of market transaction
information.\9\ Rule 10a-1(a)(1) provided that, subject to certain
exceptions, a listed security could be sold short either at a price
above the price at which the immediately preceding sale was effected
(plus tick), or at the last sale price if such price was higher than
the last different price (zero-plus tick).\10\ This requirement was
commonly described as the ``tick test.''
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    \8\ See Securities Exchange Act Release No. 1548 (Jan. 24,
1938), 3 FR 213 (Jan. 26, 1938).
    \9\ Rule 10a-1 used the term ``effective transaction reporting
plan'' as defined in Rule 600 of Regulation NMS (17 CFR 242.600)
under the Exchange Act. See 17 CFR 240.10a-1(a)(1)(i).
    \10\ The last sale price was the price reported pursuant to an
effective transaction reporting plan, i.e., the consolidated tape,
or to the last sale price reported in a particular marketplace.
Under Rule 10a-1, the Commission gave market centers the choice of
measuring the tick of the last trade based on executions solely on
their own exchange rather than those reported to the consolidated
tape. See 17 CFR 240.10a-1(a)(2).
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    The Commission periodically added exceptions to Rule 10a-1 and
granted numerous written requests for relief from the provisions of
Rule 10a-1.\11\ Requests for exemptive relief increased considerably
over time in response to significant developments in the securities
markets, such as the increased use of matching systems that execute
trades at independently derived prices during random times within
specific time intervals and the spread of fully automated markets.
Decimal pricing increments substantially reduced the difficulty of
short selling on an uptick. In addition, under the then-effective short
sale regulatory regime, different price tests applied to different
securities trading in different markets and applied generally only to
large or more actively-traded securities.
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    \11\ See Securities Exchange Act Release No. 54891 (December 7,
2006), 71 FR 75071-75072 (December 13, 2006) (``Proposing Release'')
(discussing exceptions to Rule 10a-1 added by the Commission and
relief granted by the Commission from the rule's restrictions in
recent years).
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    In 2004, the Commission adopted Regulation SHO to update short sale
regulation in light of numerous market developments since short sale
regulation was first adopted in 1938.\12\ Rule 202T of Regulation SHO
\13\ established procedures for the Commission to temporarily suspend
price tests so that the Commission could study their utility and
effectiveness in connection with short sales. Under the authority of
Rule 202T, in July 2004, the Commission issued an order to establish a
pilot program (``Pilot'') for one year to temporarily suspend the
provisions of Rule 10a-1(a) and any price test of any exchange or
national securities association for short sales of certain
securities.\14\ The Pilot was designed to assist the Commission in
assessing whether changes to current short sale regulation were
necessary in light of current market practices. The Commission was
interested in the extent to which price tests were necessary to further
the objectives of short sale regulation.\15\
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    \12\ See Securities Exchange Act Release No. 50103 (July 28,
2004), 69 FR 48008, 48012-48013 (Aug. 6, 2004) (``Regulation SHO
Adopting Release'').
    \13\ 17 CFR 242.202T.
    \14\ See Securities Exchange Act Release No. 50104 (July 28,
2004), 69 FR 48032 (Aug. 6, 2004).
    \15\ See id. See also Adopting Release, 69 FR 48009.
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    The Pilot commenced on May 2, 2005 and terminated on April 28,
2006.\16\ The Commission collected and analyzed the data from the Pilot
to determine whether the short sale rules should be amended. Generally,
the Pilot results supported removal of price test restrictions.\17\
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    \16\ See Securities Exchange Act Release No. 50747 (Nov. 29,
2004), 69 FR 70480 (Dec. 6, 2004). See also NYSE Information Memos
04-64 (Dec. 22, 2004) and 05-30 (April 27, 2005), which explain the
establishment of the second Pilot Order.
    \17\ See Proposing Release.
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    Accordingly, in December 2006, the Commission, based on a careful
study of the Pilot results and the status of price test restrictions,
proposed amendments to remove the price test of Rule 10a-1 and add Rule
201 of Regulation SHO to provide that no price test, including any
price test of any SRO, shall apply to short sales in any security.\18\
The Commission also proposed to amend Rule 200(g) of Regulation SHO to
remove the requirement that a broker-dealer mark a sell order of an
equity security as ``short exempt'' if the seller was relying on an
exception from a price test. The purpose of the amendments was to
modernize and simplify short sale regulation and to provide greater
regulatory consistency by removing restrictions where they no longer
appeared necessary or effective.\19\ The proposed amendments were
adopted on June 28, 2007 and became effective upon publication in the
Federal Register \20\ on July 3, 2007. They had a July 6, 2007
compliance date.
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    \18\ See Proposing Release.
    \19\ See Adopting Release.
    \20\ See Adopting Release.
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    The Adopting Release removed Rule 10a-1 and added Rule 201 of
Regulation SHO to provide that no price test, including any price test
by any SRO, shall apply to short selling in any security. Additionally,
Rule 200 of Regulation SHO previously required broker-dealers to mark
sales in all equity securities ``long,'' ``short,'' or ``short
exempt.'' Under the Rule, an order could be marked ``short exempt'' if
the seller was entitled to rely on any exception from the tick test,
under Rule 10a-1 or any SRO price test. The amendments modified Rule
200(g) of Regulation SHO to remove the requirement that a broker-dealer
mark a sell order of an equity security as ``short exempt'' if the
seller is relying on an

exception from the price test of Rule 10a-1, or any price test of any
exchange or national securities association, to reflect the rescission
of the price test requirements.\21\
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    \21\ See Adopting Release.
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    The Exchange notes the Adopting Release statement that ``although
the current price test restrictions are being removed, today's markets
are characterized by high levels of transparency and regulatory
surveillance. These characteristics greatly reduce the risk of
undetected manipulation and permit regulators to monitor for the types
of activities that current price test restrictions are designed to
prevent.'' The Commission also noted that ``the general anti-fraud and
anti-manipulation provisions of the federal securities laws continue to
prohibit activity designed to improperly influence the price of a
security.''\22\
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    \22\ Adopting Release, 69 FR 48013. See also, e.g., Section
17(a) of Securities Act of 1933, Sections 9(a), 10(b), and 15(c) of
Exchange Act, and Rule 10b-5 thereunder.
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Proposed NYSE Amendments
    The NYSE is proposing amendments to certain of its rules to conform
to the Commission's amendments to Rule 10a-1 and Regulation SHO.
Specifically, the Exchange is proposing amendments to remove short sale
price test provisions, references to Rule 10a-1 and references to the
``short exempt'' marking requirement to update its rules in light of
the amendments.
NYSE Rule 440B (Short Sales)
    NYSE Rule 440B incorporates by reference Exchange Act Rule 10a-1
and Rules 200 and 203 of Regulation SHO. Rule 440B also includes an
Explanatory Note, which generally describes changes to short sale
regulation and implementation dates. Specifically, the Explanatory Note
incorporates and explains the tick test under Rule 10a-1. In addition,
the Explanatory Note incorporates the Pilot order, issued under
Regulation SHO by the SEC, which suspended the NYSE tick test and any
SRO price test for designated securities.
    The proposed amendments to Rule 440B would delete the Explanatory
Note as such information is no longer accurate as a result of the
above-mentioned expiration of Rule 202T and the Commission's amendments
rescinding Rule 10a-1 and prohibiting any SRO price tests on short
sales.
    Current Rule 440B(a) provides restrictions on certain short sales
pursuant to Rule 10a-1. Current Rule 440B(c) suspends subsection (a)
for such time and as to such securities as are designated under the
Pilot. Additionally, Rule 440B(b) currently restricts a short sale by a
specialist in which such specialist is registered for his own account
or any other person in reliance upon the exemption provided under Rule
10a-1(e)(5). The Exchange is proposing to delete sections (a)-(c) of
Rule 440B to reflect the rescission of Rule 10a-1.
    Current Rule 440B.10 generally explains Rule 10a-1 and sets forth
the application of Rule 440B in connection with Rule 10a-1 and
Regulation SHO. The Exchange is proposing to delete all references to
Rule 10a-1 and its requirements in this provision. The Exchange is also
proposing to amend Rule 440B.11 to delete any reference to Rule 10a-1
and to delete Rule 440B.12 which sets forth the place of transaction
requirements in connection with Rule 10a-1. The Exchange also proposes
to delete Rule 440B.15 as it describes prices at which short sales are
to be made in accordance with Rule 10a-1.
    Further, the Exchange proposes to amend Rule 440B.13 to delete
references to the ``short exempt'' marking requirement, and to delete
Rule 440B.20, which sets forth such marking requirement, in its
entirety, as the ``short exempt'' marking requirement has been removed
by the Commission. The Supplementary Material of Rule 440B will be
renumbered to reflect the proposed amendments.
Rule 440C (Short Sale Borrowing and Delivery Requirements)
    NYSE Rule 440C governs borrowing and deliveries against short sales
by incorporating by reference the requirements of Rule 203 of
Regulation SHO and Exchange Act Rule 10a-1. The Exchange is proposing
to delete reference in Rule 440C to Rule 10a-1.
Rule 421 (Periodic Reports)
    NYSE Rule 421 requires that member organizations submit to the
Exchange periodic reports with respect to short positions in
securities, covering such time period as may be designated by the
Exchange. Also, Rule 421.10 provides that short positions to be
reported exclude positions resulting from certain provisions of Rule
10a-1(e).
    The proposed amendment to Rule 421.10 would delete reference to
Rule 10a-1(e)(1), (6), (7), (8) and (10) based on the rescission of
Rule 10a-1, and add the language from these specific provisions to the
rule text. Although the tick test is being eliminated, the substance of
these provisions will be maintained as it is appropriate to retain an
exception to the short sale interest reporting requirements. Thus, Rule
421 will continue to provide the same exception as previously provided
by Rule 10a-1(e)(1), (6), (7), (8), and (10) to the short sale
reporting requirements.
Other Rules
    The proposed amendment to NYSE Rules 104, 111, 123A, 123C and 1000
would delete all references to Rule 10a-1 and short sale tick tests.
The amendments would delete NYSE Rule 1003 in its entirety as it
relates solely to tick tests. Further, the proposed amendments would
delete references to the ``short exempt'' marking requirement in
current NYSE Rules 440F, 440G and 902.
2. Statutory Basis
    The statutory basis for the proposed rule change is section 6(b)(5)
\23\ of the Act which requires, among other things, that the rules of
an Exchange are designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and national market
system, and in general, to protect investors and the public interest.
The proposed amendment will serve these interests by conforming the
subject NYSE rules of this filing with the Commission's recent
amendments to provisions governing short sales.
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    \23\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    Because the foregoing rule change does not: (A) Significantly
affect the protection of investors or the public interest; (B) impose
any significant burden on competition; and (C) become operative for 30
days after the date of

this filing, or such shorter time as the Commission may designate, it
has become effective pursuant to section 19(b)(3)(A) \24\ of the Act
and Rule 19b-4(f)(6) \25\ thereunder.
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    \24\ 15 U.S.C. 78s(b)(3)(A).
    \25\ 17 CFR 240.19b-4(f)(6).
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    The Exchange has requested that the Commission waive the 5-day pre-
filing notice requirement \26\ and the 30-day operative delay \27\ of
the proposed rule change. The Commission believes that such waiver is
consistent with the protection of investors and the public interest
\28\ given that the compliance date for the Commission's amendments to
Rule 10a-1 was July 6, 2007.\29\ For this reason, the Commission
designates the proposal to be effective and operative upon filing with
the Commission.
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    \26\ See 17 CFR 240.19b-4(f)(6)(iii), which requires that a
self-regulatory organization submit to the Commission written notice
of its intent to file a proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
    \27\ See 17 CFR 240.19b-4(f)(6)(iii).
    \28\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \29\ See Adopting Release.
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    At any time within 60 days of the filing of such 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-NYSE-2007-62 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.

All submissions should refer to File number SR-NYSE-2007-62. 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, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. to 3 p.m.
Copies of such filing will also 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-2007-62 and should be submitted by
February 28, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
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    \30\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-2183 Filed 2-6-08; 8:45 am]

BILLING CODE 8011-01-P