[Federal Register Volume 87, Number 94 (Monday, May 16, 2022)]
[Proposed Rules]
[Pages 29728-29729]
[FR Doc No: 2022-10426]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 118 and 300

[EPA-HQ-OLEM-2021-0585; FRL-7881-03-OLEM]
RIN 2050-AH17

Clean Water Act Hazardous Substance Worst Case Discharge Planning
Regulations; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of comment period.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
announcing an extension to the comment period for the proposed rule
requiring an owner or operator of a facility to prepare and submit a
plan for responding, to the maximum extent practicable, to a worst case
discharge, and to a substantial threat of such a discharge, of a
hazardous substance published in the Federal Register on March 28,
2022. EPA is proposing to require planning for worst case discharges of
Clean Water Act (CWA) hazardous substances for onshore non-
transportation-related facilities that could reasonably be expected to
cause substantial harm to the environment by discharging CWA hazardous
substances into or on the navigable waters, adjoining shorelines, or
exclusive economic zone. The comment period is being extended to July
26, 2022.

DATES: Comments must be received on or before July 26, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2021-0585, by any of the following methods:

--Federal eRulemaking Portal: https://www.regulations.gov/ (our
preferred method). Follow the online instructions for submitting
comments.
--Mail: U.S. Environmental Protection Agency, EPA Docket Center, EPA-
HQ-OLEM-2021-0585 Docket, Mail Code 28221T, 1200 Pennsylvania Avenue
NW, Washington, DC 20460.
--Hand delivery or courier (by scheduled appointment only): EPA

Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004. The Docket Center's hours of operations are
8:30 a.m. to 4:30 p.m., Monday through Friday (except Federal
holidays).

    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. Out of an abundance of caution for members of the public and
our staff, the EPA Docket Center and Reading Room are open to the
public by appointment only to reduce the risk of transmitting COVID-19.
Our Docket Center staff also continues to provide remote customer
service via email, phone, and webform. Hand deliveries and couriers may
be received by scheduled appointment only. For further information on
EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Rebecca Broussard, Office of Emergency
Management, Mail Code 5104A, Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington, DC 20460; telephone number: 202-
564-6706; email: [email protected].

SUPPLEMENTARY INFORMATION: This document extends the public comment
period established in the Federal Register for 60 days (87 FR 17890).
In that Federal Register notice, EPA proposed a rule requiring an owner
or operator of a facility to prepare and submit a plan for responding,
to the maximum extent practicable, to a worst case discharge, and to a
substantial threat of such a discharge, of a hazardous substance
published in the Federal Register on March 28, 2022. EPA is proposing
to require planning for worst case discharges of CWA hazardous
substances for onshore non-transportation-related facilities that could
reasonably be expected to cause substantial harm to the environment by
discharging CWA hazardous substances into or on the navigable waters,
adjoining shorelines, or exclusive economic zone. EPA received requests
from potential commenters to extend the comment period to allow greater
time to comment. EPA is hereby extending the comment period, which was
set to end on May 27, 2022, to July 26, 2022. Please note that late
comments on this rule making may not be considered.
    To submit comments or access the docket, please follow the detailed
instructions as provided under ADDRESSES. If you have questions,
consult the individuals listed under FOR FURTHER INFORMATION CONTACT.

    Dated: May 9, 2022.
Donna K. Salyer,
Director, Office of Emergency Management.
[FR Doc. 2022-10426 Filed 5-13-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63161-63163]
[FR Doc No: 2011-25800]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1000; Directorate Identifier 2011-NM-048-AD;
Amendment 39-16828; AD 2011-21-05]
RIN 2120-AA64

Airworthiness Directives; Aviointeriors S.p.A. Passenger Seat 12M
Series, Installed on But Not Limited to ATR Model ATR42 Airplanes and
Model ATR72 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Failures of the recline actuator metal fitting have been
reported on seat backrests of in-service aircraft. * * *
* * * * *
    Actions required by this AD are intended to prevent further
failures of the seat backrests which could result in injury to
passengers or crew members during an emergency landing.

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective October 27, 2011.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of October 27,
2011.
    We must receive comments on this AD by November 28, 2011.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Jeffrey Lee, Aerospace Engineer,
Boston Aircraft Certification Office, FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, Massachusetts
01803; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0135, dated July 16, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Failures of the recline actuator metal fitting have been
reported on seat backrests of in-

service aircraft. EASA AD 2006-0350, which is superseded by this
[EASA] AD, was issued to initially mandate a one-time inspection of
the applicable backrests, replace all fittings that have tool marks
and re-identify the backrest seat P/N (part number). Since the
issuance of the [existing EASA] AD, cycle testing performed by
Aviointeriors identified a life limitation also for backrests that
do not have tool marks.
    Consequently the present [EASA] AD mandates the replacement of
those backrests before reaching the threshold specified in the
compliance paragraph of this [EASA] AD.
    Actions required by this [EASA] AD are intended to prevent
further failures of the seat backrests which could result in injury
to passengers or crew members during an emergency landing.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Aviointeriors has issued Vendor Service Bulletin 12M/F68-06,
Revision 1, dated October 29, 2009. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    There are no airplanes equipped with the affected seats currently
registered in the United States. However, this rule is necessary to
ensure that the described unsafe condition is addressed if any of these
seats are installed on airplanes identified in the U.S. Register in the
future.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2011-1000; Directorate
Identifier 2011-NM-048-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-21-05 Aviointeriors S.p.A.: Amendment 39-16828. Docket No. FAA-
2011-1000; Directorate Identifier 2011-NM-048-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October
27, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Aviointeriors S.p.A. passenger seats
12M()()-()()()()()(), all part numbers (P/Ns) equipped with backrest
P/N<PHONE_NUMBER>00 or<PHONE_NUMBER>00; as identified in Section 1.A. of
Aviointeriors Vendor Service Bulletin 12M/F68-06, Revision 1, dated
October 29, 2009; and that are installed on, but not limited to ATR
Model ATR42-200, -300, -320, and -500 airplanes and Model ATR72-101,
-201, -102, -202, -211, -212, and -212A airplanes, certificated in
any category.

    Note 1: This AD applies to certain Aviointeriors passenger seats
as installed on any airplane, regardless of whether the airplane has
been otherwise modified, altered, or repaired in the area subject to
the requirements of this AD. For airplanes that

have been modified, altered, or repaired so that the performance of
the requirements of this AD is affected, the owner/operator must
request approval for an alternative method of compliance according
to paragraph (k) of this AD. The request should include an
assessment of the effect of the modification, alteration, or repair
on the unsafe condition addressed by this AD; and, if the unsafe
condition has not been eliminated, the request should include
specific proposed actions to address it.

Subject

    (d) Air Transport Association (ATA) of America Code 25:
Equipment/Furnishings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Failures of the recline actuator metal fitting have been
reported on seat backrests of in-service aircraft. * * *
* * * * *
    Actions required by this AD are intended to prevent further
failures of the seat backrests which could result in injury to
passengers or crew members during an emergency landing.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Replacement

    (g) At the later of the compliance times specified in paragraphs
(g)(1) and (g)(2) of this AD, replace backrests having P/N
313033000000 and<PHONE_NUMBER>00, in accordance with the instructions
given in Aviointeriors Vendor Service Bulletin 12M/F68-06, Revision
1, dated October 29, 2009, except as provided by paragraph (i) of
this AD.
    (1) Before the accumulation of 13,000 total flight cycles on the
seat since new.
    (2) Within 500 flight cycles or 6 months after the effective
date of this AD, whichever occurs first.

Parts Installation

    (h) As of the effective date of this AD, no person shall install
Aviointeriors passenger seats P/N 12M()()-()()()()()() equipped with
backrests having P/N<PHONE_NUMBER>00 or<PHONE_NUMBER>00 (being either
unmarked or marked with ``0'' as indicated in Section 3 of
Aviointeriors Vendor Service Bulletin 12M/F68-06, Revision 1, dated
October 29, 2009) on any airplane.

Extended Replacement Compliance Time for Certain Airplanes

    (i) For airplanes on which the replacement required by paragraph
(g) of this AD cannot be done within the required compliance time
specified in paragraph (g) of this AD: The airplane may be
dispatched with the affected seat installed provided the actions in
paragraph (i)(1) and (i)(2) of this AD are done.
    (1) The provisions specified in paragraphs (i)(1)(i),
(i)(1)(ii), and (i)(1)(iii) of this AD are complied with.
    (i) Seat is placarded as ``Do not occupy'' and measures are
taken to be sure that the affected seat remains unoccupied during
the flight duration.
    (ii) Affected seat does not block any emergency exit.
    (iii) Affected seat does not restrict any passenger to get
access to the main aisle.
    (2) Within 12 months after the effective date of this AD, the
backrest is replaced in accordance with the instructions given in
Aviointeriors Vendor Service Bulletin 12M/F68-06, Revision 1, dated
October 29, 2009.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (j) Actions accomplished before the effective date of this AD in
accordance with Aviointeriors Vendor Service Bulletin 12M/F68-01,
Revision 1, dated October 2, 2006; or Aviointeriors Vendor Service
Bulletin 12M/F68-06, dated June 17, 2008; are considered acceptable
for compliance with the corresponding actions specified in this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (k) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Boston Aircraft Certification Office, 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 ACO,
send it to ATTN: Jeffrey Lee, Aerospace Engineer, Boston Aircraft
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, Massachusetts 01803; telephone
(781) 238-7161; fax<PHONE_NUMBER>. 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. The AMOC approval letter
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (l) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0135, dated July 16, 2008; and Aviointeriors Vendor
Service Bulletin 12M/F68-06, Revision 1, dated October 29, 2009; for
related information.

Material Incorporated by Reference

    (m) You must use Aviointeriors Vendor Service Bulletin 12M/F68-
06, Revision 1, dated October 29, 2009, to do the actions required
by this AD, unless the AD specifies otherwise. Pages 1, 2, and 10 of
this document are identified as Revision 1; the remaining pages are
identified as Revision ``new.''
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Aviointeriors S.p.A., Engineering Product Support Division, Via
Appia KM 66,400--04013 Tor Tre Ponti, Italy; telephone 0039-0773-
689330 or 0039-0773-689291; fax 0039-0773-631546; e-mail
<EMAIL_ADDRESS>Internet http://www.aviointeriors.it.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on September 23, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-25800 Filed 10-11-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 12, 2007 (Volume 72, Number 8)]
[Notices]
[Page 1496]
[DOCID:fr12ja07-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12667-002]

City of Hamilton, OH; Notice Dismissing Request for Rehearing as
Moot

January 5, 2007.
    On August 10, 2006, the Director, Division of Hydropower Licensing,
Office of Energy Project, issued a letter order rejecting as patently
deficient an application for license that the City of Hamilton, Ohio
(Hamilton) filed on May 12, 2006, proposing to develop a hydroelectric
project at the U.S. Army Corps of Engineers' Captain Anthony Meldahl
Lock and Dam on the Ohio River in Bracken County, Kentucky. On
September 11, 2006, Hamilton sought rehearing of the rejection.
    Hamilton filed a second license application for the proposed site
on October 6, 2006. The new application was accepted for processing on
December 13, 2006. Hamilton's request for rehearing is therefore
dismissed as moot.
    This notice constitutes final agency action. Requests for rehearing
by the Commission of this dismissal must be filed within 30 days of the
date of issuance of this notice, pursuant to 18 CFR 385.713.

Magalie R. Salas,
Secretary.
[FR Doc. E7-284 Filed 1-11-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 16, 2005 (Volume 70, Number 241)]
[Notices]
[Page 74859-74861]
[DOCID:fr16de05-104]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52934; File No. SR-ISE-2005-53]

Self-Regulatory Organizations; International Securities Exchange,
Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change and Amendment No. 1 Thereto Relating to Fee Changes

December 9, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 22, 2005, the International Securities Exchange, Inc.
(``ISE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
ISE.\3\ On November 29, 2005, ISE filed Amendment No. 1 to the proposed
rule change.\4\ The ISE has designated this

proposal as one establishing or changing a due, fee, or other charge
imposed by the ISE under Section 19(b)(3)(A)(ii) of the Act,\5\ and
Rule 19b-4(f)(2) thereunder,\6\ which renders the proposal effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change, as amended,
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The Commission notes that the proposed rule filing submitted
by ISE on November 22, 2005 contained a typo in the file number
included in Exhibit 1. This notice reflects the correct file number.
    \4\ Amendment No. 1 made a technical change to the text of
Exhibit 5 (ISE's Schedule of Fees). The correction to Exhibit 5 does
not affect the fees for transactions in options on the QQQQ but only
corrects the order of the excerpted items appearing in Exhibit 5.
    \5\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \6\ 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 ISE is proposing to amend its Schedule of Fees to extend, for
one year, until November 30, 2006, a pilot program that (i) caps and
waives execution and comparison fees for transactions in options on the
Nasdaq 100 Tracking Stock (``QQQQ'') when a member transacts a certain
number of QQQQ option contracts, and (ii) reduces and waives the
facilitation execution and comparison fees when a member transacts a
certain number of contracts through the Exchange's Facilitation
Mechanism. The text of the proposed rule change, as amended, is
available on the ISE's Web site (http://www.iseoptions.com/legal/proposed_rule_changes.asp
), at the principal office of the ISE, and

at the Commission's Public Reference Room.

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

    In its filing with the Commission, the ISE included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The ISE has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of this proposed rule change is to amend the ISE
Schedule of Fees to extend, for one year, until November 30, 2006, a
pilot program that (i) caps and waives execution and comparison fees
for transactions in options on the QQQQ when a member transacts a
certain number of QQQQ option contracts, and (ii) reduces and waives
the facilitation execution and comparison fees when a member transacts
a certain number of contracts through the Exchange's Facilitation
Mechanism (when firms provide liquidity for the customers' block-sized
orders).\7\
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    \7\ Telephone conversation between Samir Patel, Assistant
General Counsel, ISE, Richard Holley III, Special Counsel, and Jan
Woo, Attorney, Division of Market Regulation, Commission, on
November 29, 2005.
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Discount on QQQQ Execution and Comparison Fees

    Under the QQQQ pilot program, when a member's monthly average daily
volume (``A.D.V.'') in QQQQ options reaches 8,000 contracts, the
member's execution fee for the next 2,000 QQQQ option contracts is
reduced by $.10 per contract.\8\ Further, when a member's monthly
A.D.V. in QQQQ options reaches 10,000 contracts, the Exchange waives
the entire execution fee and the comparison fee for each QQQQ option
contract traded thereafter. The Exchange instituted this pilot program
in November 2003 for a six month period, expiring in May 2004.\9\ The
Exchange extended the pilot program in May 2004 for an additional six
month period, expiring in November 2004.\10\ In November 2004, the
Exchange extended the pilot program, this time for a one year period,
which is set to expire on November 30, 2005.\11\ The Exchange now
proposes to further extend the pilot program for a one-year period,
expiring on November 30, 2006. The Exchange seeks to extend this pilot
program for competitive reasons. This pilot program was initiated and
extended in an attempt to increase the Exchange's market share in the
QQQQ option product.
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    \8\ Telephone conversation between Samir Patel, Assistant
General Counsel, ISE, Richard Holley III, Special Counsel, and Jan
Woo, Attorney, Division of Market Regulation, Commission, on
November 29, 2005 (clarifying that the A.D.V. threshold is
calculated on a monthly basis).
    \9\ See Securities and Exchange Commission Release No. 49147
(January 29, 2004), 69 FR 5629 (February 5, 2004) (SR-ISE-2003-32).
    \10\ See Securities and Exchange Commission Release No. 49853
(June 14, 2004), 69 FR 35087 (June 23, 2004) (SR-ISE-2004-15).
    \11\ See Securities and Exchange Commission Release No. 50900
(December 21, 2004), 69 FR 78075 (December 29, 2004) (SR-ISE-2004-
36).
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Discount on Facilitation Mechanism Fees

    Under the Facilitation Mechanism pilot program, the structure of
the reduction and waiver of the facilitation execution fee and the
comparison fee is based on the structure of the reduction and waiver of
the QQQQ execution fee and comparison fee noted above. That is, when a
member's monthly A.D.V. in the Facilitation Mechanism reaches 8,000
contracts, the member's facilitation execution fee for the next 2,000
contracts transacted in the Facilitation Mechanism would be reduced by
$.10 per contract. Further, when a member's monthly A.D.V. in the
Facilitation Mechanism reaches 10,000 contracts, the Exchange would
waive the entire facilitation execution fee and the comparison fee for
each contract transacted in the Facilitation Mechanism thereafter. As
with the QQQQ incentives, the Exchange is proposing to extend this
pilot program for a one-year period to encourage members to use the
Facilitation Mechanism.
2. Statutory Basis
    The Exchange believes that the proposed rule change, as amended, is
consistent with Section 6(b)(4) of the Act,\12\ which requires that an
exchange have an equitable allocation of reasonable dues, fees, and
other charges among its members and other persons using its facilities.
In particular, the fee changes proposed hereby will enable the Exchange
to continue offering competitively priced products and services.
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    \12\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(2) \14\ thereunder
because it changes a fee imposed by the Exchange. At any time within 60
days of the filing of such

amended 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.\15\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 19b-4(f)(2).
    \15\ The effective date of the original proposed rule is
November 22, 2005. The effective date of Amendment No. 1 is November
29, 2005. For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change under
Section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on November 29, 2005, the date on which the ISE
submitted Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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 No. SR-ISE-2005-53 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.

All submissions should refer to File Number SR-ISE-2005-53. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the ISE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-ISE-2005-53 and should be submitted on or before January
6, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
 [FR Doc. E5-7418 Filed 12-15-05; 8:45 am]

BILLING CODE 8010-01-P