[Federal Register Volume 85, Number 28 (Tuesday, February 11, 2020)]
[Notices]
[Pages 7845-7847]
[FR Doc No: 2020-02706]

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DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

[Docket ID Number DOT-OST-2014-0031]

Agency Information Collection: Activity under OMB Review; Report
of Traffic and Capacity Statistics--The T-100 System

AGENCY: Bureau of Transportation Statistics (BTS), DOT.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, Public
Law 104-13, the Bureau of Transportation Statistics invites the general
public, industry and other governmental parties to comment on the
continuing need for and usefulness of DOT requiring U.S. and foreign
air carriers to file traffic and capacity data pursuant to 14 CFR
241.19 and Part 217, respectively. These reports are used to measure
air transportation activity to, from, and within the United States.

DATES: Written comments should be submitted by April 13, 2020.

ADDRESSES: You may submit comments identified by DOT Docket ID Number
DOT-OST-2014-0031 by any of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
    Mail: Docket Services: U.S. Department of Transportation, 1200 New
Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington,
DC 20590-0001.
    Hand Delivery or Courier: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
    Fax:<PHONE_NUMBER>.
    Instructions: Identify docket number, DOT-OST-2014-0031, at the
beginning of your comments, and send two copies. To receive
confirmation that DOT received your comments, include a self-addressed
stamped postcard. Internet users may access all comments received by
DOT at http://www.regulations.gov. All comments are posted
electronically without charge or edits, including any personal
information provided.

    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. or the street
address listed above. Follow the online instructions for accessing the
dockets.

Electronic Access

    You may access comments received for this notice at http://www.regulations.gov, by searching docket DOT-OST-2014-0031.

FOR FURTHER INFORMATION CONTACT: Jennifer Rodes, Office of Airline
Information, RTS-42, Room E34-420, OST-R, BTS, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, Telephone Number<PHONE_NUMBER>, Fax
Number<PHONE_NUMBER> or EMAIL<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Comments: Comments should identify the associated OMB approval #
2138-0040 and Docket ID Number DOT-OST-2014-0031. Persons wishing the
Department to acknowledge receipt of their comments must submit with
those comments a self-addressed stamped postcard on which the following
statement is made: Comments on OMB # 2138-0040, Docket--DOT-OST-2014-
0031. The postcard will be date/time stamped and returned.
    OMB Approval No. 2138-0040.
    Title: Report of Traffic and Capacity Statistics--The T-100 System.
    Form No.: Schedules T-100 and T-100(f).
    Type Of Review: Extension of a currently approved collection.
    Respondents: Certificated, commuter and foreign air carriers that
operate to, from or within the United States.
    T100 Form:
    Number of Respondents: 119.
    Number of Annual responses 1,428.
    Total Burden Per Response: 6 hours.
    Total Annual Burden: 8,568 hours.
    T100F Form:
    Number of Respondents: 190.
    Number of Annual responses 2,280.
    Total Burden Per Response: 2 hours.
    Total Annual Burden: 4,560 hours.
    Needs and Uses:

Airport Improvement

    The Federal Aviation Administration uses enplanement data for U.S.
airports to distribute the annual Airport Improvement Program (AIP)
entitlement funds to eligible primary airports, i.e., airports which
account for more than 0.01 percent of the total passengers enplaned at
U.S. airports. Enplanement data contained in Schedule T-100/T-100(f)
are the sole data base used by the FAA in determining airport funding.
U.S. airports receiving significant service from foreign air carriers
operating small aircraft could be receiving less than their fair share
of AIP entitlement funds. Collecting Schedule T-100(f) data for small
aircraft operations will enable the FAA to more fairly distribute these
funds.

Air Carrier Safety

    The FAA uses traffic, operational and capacity data as important
safety indicators and to prepare the air carrier traffic and operation
forecasts that are used in developing its budget and staffing plans,
facility and equipment funding levels, and environmental impact and
policy studies. The FAA monitors changes in the number of air carrier
operations as a way to allocate inspection resources and in making
decisions as to increased safety surveillance. Similarly, airport
activity statistics are used by the FAA to develop airport profiles and
establish priorities for airport inspections.

Acquisitions and Mergers

    While the Justice Department has the primary responsibility over
air carrier acquisitions and mergers, the Department reviews the
transfer of international routes involved to determine if they would
substantially reduce competition, or determine if the transaction would
be inconsistent with the public interest. In making these
determinations, the proposed transaction's effect on competition in the
markets served by the affected air carriers is analyzed. This analysis
includes, among other things, a consideration of the volume of traffic
and available capacity, the flight segments and origins-destinations
involved, and the existence of entry barriers, such as limited airport
slots or gate capacity. Also included is a review of the volume of
traffic handled by each air carrier at specific airports and in
specific markets which would be affected by the proposed acquisition or
merger. The Justice Department uses T-100 data in carrying out its
responsibilities relating to airline competition and consolidation.

Traffic Forecasting

    The FAA uses traffic, operational and capacity data as important
safety indicators and to prepare the air carrier traffic and operation
forecasts. These forecast as used by the FAA, airport managers, the
airlines and others in the air travel industry as planning and
budgeting tools.

Airport Capacity Analysis

    The mix of aircraft type are used in determining the practical
annual capacity (PANCAP) at airports as prescribed in the FAA Advisory
Circular Airport Capacity Criteria Used in Preparing the National
Airport Plan. The PANCAP is a safety-related measure of the annual
airport capacity or level of operations. It is a predictive measure
which indicates potential capacity problems, delays, and possible
airport expansions or runway construction needs. If the level of
operations at an airport exceeds PANCAP significantly, the frequency
and length of delays will increase, with a potential concurrent risk of
accidents. Under this program, the FAA develops ways of increasing
airport capacity at congested airports.

Airline Industry Status Evaluations

    The Department apprizes Congress, the Administration and others of
the effect major changes or innovations are having on the air
transportation industry. For this purpose, summary traffic and capacity
data as well as the detailed segment and market data are essential.
These data must be timely and inclusive to be relevant for analyzing
emerging issues and must be based upon uniform and reliable data
submissions that are consistent with the Department's regulatory
requirements.

Mail Rates

    The Department is responsible for establishing international and
intra-Alaska mail rates. International mail rates are set based on
scheduled operations in four geographic areas: Trans-border, Latin
America, operations over the Atlantic Ocean and operations over the
Pacific Ocean. Separate rates are set for mainline and bush Alaskan
operations. The rates are updated every six months to reflect changes
in unit costs in each rate-making entity. Traffic and capacity data are
used in conjunction with cost data to develop the required unit cost
data.

Essential Air Service

    The Department reassesses service levels at small domestic
communities to assure that capacity levels are adequate to accommodate
current demand.

System Planning at Airports

    The FAA is charged with administering a series of grants that are

designed to accomplish the necessary airport planning for future
development and growth. These grants are made to state metropolitan and
regional aviation authorities to fund needed airport systems planning
work. Individual airport activity statistics, nonstop market data, and
service segment data are used to prepare airport activity level
forecasts.

Review of IATA Agreements

    The Department reviews all of the International Air Transport
Association (IATA) agreements that relate to fares, rates, and rules
for international air transportation to ensure that the agreements meet
the public interest criteria. Current and historic summary traffic and
capacity data, such as revenue ton-miles and available ton-miles, by
aircraft type, type of service, and length of haul are needed to
conduct these analyses: To (1) develop the volume elements for
passenger/cargo cost allocations, (2) evaluate fluctuations in volume
of scheduled and charter services, (3) assess the competitive impact of
different operations such as charter versus scheduled, (4) calculate
load factors by aircraft type, and (5) monitor traffic in specific
markets.

Foreign Air Carriers Applications

    Foreign air carriers are required to submit applications for
authority to operate to the United States. In reviewing these
applications the Department must find that the requested authority is
encompassed in a bilateral agreement, other intergovernmental
understanding, or that granting the application is in the public
interest. In the latter cases, T-100 data are used in assessing the
level of benefits that carriers of the applicant's homeland presently
are receiving from their U.S. operations. These benefits are compared
and balanced against the benefits U.S. carriers receive from their
operations to the applicant's homeland.

Air Carrier Fitness

    The Department determines whether U.S. air carriers are and
continue to be fit, willing and able to conduct air service operations
without undue risk to passengers and shippers. The Department monitors
a carrier's load factor, operational, and enplanement data to compare
with other carriers with similar operating characteristics. Carriers
that expand operations at a high rate are monitored more closely for
safety reasons.

International Civil Aviation Organization

    Pursuant to an international agreement, the United States is
obligated to report certain air carrier data to the International Civil
Aviation Organization (ICAO). The traffic data supplied to ICAO are
extracted from the U.S. air carriers' Schedule T-100 submissions.
    The Confidential Information Protection and Statistical Efficiency
Act of 2002 (44 U.S.C. 3501 note), requires a statistical agency to
clearly identify information it collects for non-statistical purposes.
BTS hereby notifies the respondents and the public that BTS uses the
information it collects under this OMB approval for non-statistical
purposes including, but not limited to, publication of both
Respondent's identity and its data, submission of the information to
agencies outside BTS for review, analysis and possible use in
regulatory and other administrative matters.

    Issued on February 5, 2020.
William Chadwick, Jr.,
Director, Office of Airline Information, Bureau of Transportation
Statistics.
[FR Doc. 2020-02706 Filed 2-10-20; 8:45 am]
BILLING CODE 4910-9X-P


D 40 Appendix D 6. Water Composition of St. Louis River, MN, from USGS NASQAN and Select Relationships to Water Hardness Date pH Hardness Alkalinity Ca Mg Na K Cl SO4 NO3 DOC 19730222 6.8 68 53 17 6.3 11 1.6 14 14 0.19 19730503 7.1 58 46 14 5.5 6.6 1.1 9.5 13 0.17 19730816 6.9 70 51 17 6.6 7.6 1.2 9 20 0.01 19731128 7 65 48 16 6.1 7.5 1.3 8.8 14 19740221 7 64 48 16 5.8 8.9 1.3 12 14 19740516 6.9 45 32 11 4.3 3.5 1.2 3.8 11 19740919 88 60 21 8.6 12 1.8 17 23 19741030 7.3 83 62 23 6.3 13 1.3 16 23 19741209 7.4 86 62 22 7.6 12 1.6 15 18 19750121 7.3 74 66 18 7 10 1.1 12 13 19750303 7.3 74 68 17 7.6 10 1.7 11 12 19750407 7.2 95 80 22 9.7 11 2 14 16 19750527 7.5 63 50 15 6.1 8.5 1.5 9.2 12 19750708 9.2 58 43 14 5.7 3.2 1 3.4 10 19750818 7.2 73 56 18 6.9 12 1.3 16 16 19750929 7.4 90 72 23 8 12 1.5 13 20 19751110 7.1 90 63 22 8.4 12 1.7 15 24 19751216 7.6 87 61 22 7.8 14 1.6 16 28 19760209 7.5 72 59 18 6.6 13 1.6 13 18 19760322 7.7 78 65 19 7.4 12 1.4 11 17 19760503 7.6 59 43 14 5.8 7.9 1.3 8.6 15 19760614 7.5 94 75 22 9.4 16 1.9 20 20 19760726 7.4 93 80 22 9.3 21 1.9 25 24 19760908 7.5 82 78 18 9.1 17 2.5 9.3 26 19761019 7.5 83 72 20 8.1 21 1.6 24 21 19761129 7.4 95 74 22 9.7 25 1.8 32 24 19770110 7.3 85 88 20 8.4 17 1.5 15 19 19770214 8.2 82 73 20 7.8 18 1.7 26 17 19770404 7.3 87 67 21 8.5 20 2.4 28 24 19770516 7.3 120 98 29 11 30 2.8 26 36 19770628 7.8 100 75 24 9.9 13 2 16 23 19770808 7.4 110 90 26 10 27 2.2 32 28 19770919 7.4 73 44 17 7.3 6.6 1.7 8.9 17 19771031 7.6 64 47 15 6.5 7.9 1.3 9.7 22 37 19771212 7.5 65 50 15 6.8 6.3 1.2 7.1 16 19780123 7.3 71 52 17 6.9 12 1.5 9.4 18 19780306 7.2 67 48 16 6.5 8.8 1.2 17 16 32 19780417 7.5 43 28 10 4.3 4.2 1.8 5.7 15 19780530 7.9 64 54 15 6.4 5.7 1.5 7.1 14 33 19780710 7.4 53 44 13 5.1 4.3 1.3 5.3 8.9 19780821 8.4 60 42 15 5.5 5.3 1.5 6.5 12 36 19781002 7.7 71 57 17 6.9 8.2 1.1 9.6 15 24 19781115 7.4 68 52 16 6.8 11 1.1 10 12 19781218 7.4 68 55 16 6.9 11 1 9.2 14 19790205 7.4 63 57 15 6.3 3.4 1 3.1 8 12 Date pH Hardness Alkalinity Ca Mg Na K Cl SO4 NO3 DOC D 41 19790329 7.6 80 63 19 8 8.4 2.3 7.8 13 19790430 7.6 37 29 8.7 3.7 2.2 1.3 2.8 8.9 20 19790611 7.2 47 34 11 4.8 3.1 0.8 2.8 9.4 19790723 7.6 73 55 17 7.3 3.9 0.9 3.7 8.9 30 19790827 7.2 19791015 8.1 74 54 16 8.2 5 1.1 3.9 13 0.01 12 19791126 7.8 61 52 14 6.3 3.8 0.9 3.6 11 0.37 19800121 7.6 60 53 14 6 3.8 0.9 3.2 9.9 0.15 19800219 7.4 63 51 15 6.2 3.9 0.8 2.9 9.2 0.19 17 19800331 8.4 68 64 16 6.9 4.2 1.1 3.5 9.2 0.3 19800602 8.3 84 72 19 8.8 6.4 1.2 5 15 0.01 21 19800630 8.3 93 68 21 9.9 7.9 1.4 6.7 24 0.02 19800804 8.1 130 110 28 14 10 1.9 11 24 0.01 13 19800902 7.8 110 82 24 11 7.2 1.7 7.6 18 0.01 19800929 7.6 73 54 16 8.1 5.7 1.4 5.8 14 0.12 19801103 7 82 58 18 8.9 5.6 1.3 6.9 18 0.19 23 19801208 67 50 15 7.2 4.6 1 4.1 11 0.19 19810105 7.6 70 55 16 7.2 4.2 1.1 4.1 13 0.23 19810209 7.5 68 58 16 6.9 4.9 1 3.5 8.1 0.27 14 19810309 7.7 61 57 14 6.2 5.2 1.8 5.1 8.6 0.36 19810504 7.3 42 40 9.6 4.3 3.7 1.2 3.6 9.6 0.18 21 19810706 7.4 51 39 12 5 3.5 1.2 3.2 7.5 0.14 10 19810908 7.9 73 64 16 8 4.2 0.8 4.2 8.3 0.11 19811020 7.6 51 37 12 5.2 4.3 1.2 4.2 8.9 0.31 19820113 62 52 14 6.5 4 0.9 3.7 9.3 0.24 19820309 7.4 66 58 15 7 5.3 1 3.8 11 0.36 19820420 7.2 32 25 7.5 3.3 2.1 1.3 2.3 6 0.19 19820621 7.9 61 55 14 6.4 4.3 1.1 4 10 0.1 19820809 7.4 66 54 15 6.9 3.9 0.6 3.5 9 0.25 19821004 8 73 63 15 8.7 4.9 1 4.7 13 0.11 19821207 7.3 55 43 12 6.1 4.2 0.8 3.3 16 0.24 19830131 6.9 62 50 14 6.5 4.1 0.8 3.5 15 0.36 19830328 7.5 68 56 15 7.3 4.5 1.2 4.1 15 0.35 19830523 8.2 68 53 15 7.5 4 1.3 0.8 23 0.12 19830718 7.6 67 53 15 7.2 3.7 1.3 3.7 22 0.15 19831031 7.7 64 48 14 7 3.9 1.2 3.5 24 0.12 19840109 7.4 57 50 13 6 3.6 0.9 3.4 13 0.23 19840306 7.1 66 57 15 7 4.4 0.9 5.2 8.7 0.31 19840424 7.2 51 39 11 5.6 3.1 1.4 3.2 14 0.12 19840619 9.5 52 39 12 5.3 2.9 0.8 3.6 10 0.13 19840822 6.4 70 58 15 7.9 4.7 1 3.8 17 0.1 19841009 7.6 73 16 7.9 4.6 1 3.7 15 0.1 19841120 7.1 64 14 7.1 3.9 0.9 3.7 14 0.24 19850211 7 69 15 7.7 4.6 1.1 4 11 0.27 19850325 7.3 61 13 7 5.6 2.5 6.6 16 0.31 19850506 7.4 55 12 6 3.6 1.7 4.2 14 0.15 19850730 7.6 62 14 6.6 3.2 0.9 4 9.8 0.1 19851021 7.5 58 12 6.8 3.7 1.1 0.2 12 0.13 Date pH Hardness Alkalinity Ca Mg Na K Cl SO4 NO3 DOC D 42 19851203 7.4 73 16 8 4 1 4.2 18 0.16 19860303 7.4 66 15 7 4 1 3.4 10 0.24 19860407 7.3 0.19 19860602 7.5 58 13 6.3 3.5 1 2.8 15 0.1 19860818 7.9 74 15 8.9 4.6 1.2 3.7 24 0.1 19861112 7.5 55 12 6 3.4 1.4 3.8 19 0.27 19861210 7.3 70 57 13 9 5 1 4.8 21 0.16 19870218 7 66 15 6.8 3.7 0.9 3.1 12 0.24 19870518 8 83 18 9.3 5.8 1.2 5 10 0.1 19870622 7.8 75 16 8.5 6.2 1.1 5.2 19 0.1 19870721 7.6 51 12 5.2 2.8 1.3 3.1 15 0.1 19871028 8 82 17 9.6 6.8 1.4 1.3 19 0.1 19871208 7.9 69 15 7.7 5.3 1.4 4.8 17 0.1 19880119 7.4 73 16 8 5.1 1 3.6 15 0.15 19880223 7.4 85 19 9.2 6.5 8.5 5.1 16 0.2 19880412 7.4 42 9.2 4.7 3 2.8 5 20 0.25 19880907 7.1 70 15 8 5.3 1.5 6.1 18 0.15 19881031 7.6 100 21 12 9 1.9 7.8 27 0.1 19881130 7.6 78 17 8.6 5.5 1.3 5.5 19 0.19 19890221 7.1 77 17 8.4 6.3 1.3 4.4 17 0.25 19890410 7.2 48 11 5 4.9 1.8 8.1 8 0.37 19890626 7.4 63 14 6.8 4.6 1.1 5 12 0.15 19890814 8.1 95 20 11 9.1 1.5 8.9 18 0.1 19891101 8.1 110 20 15 7.8 1.9 6.3 31 0.1 19891218 7.5 88 17 11 6.1 1.4 5 22 0.16 19900123 7.3 100 18 14 7.2 1.7 5.2 28 0.23 19900416 7.5 62 13 7.2 5.1 1.9 5.4 14 0.2 19900716 7.7 70 15 8 5.7 1.3 5.4 11 0.2 19900820 8.1 95 20 11 7.8 1.5 7.9 20 0.1 19901009 7.3 81 18 8.7 5.4 1.5 5.7 13 0.1 19910102 7.4 83 19 8.7 5.3 1.4 5 12 0.2 19910212 7.1 80 18 8.5 6.8 1.3 3.9 11 0.2 19910502 6.7 56 13 5.8 4 1 3.7 7.9 0.1 19910610 7.3 64 15 6.5 4 0.7 4.1 6.9 0.12 19910731 7.8 55 13 5.4 2.5 1 2.6 3.8 0.05 19910801 7.3 19911003 7.8 67 15 7.1 4.4 1 4.4 9.6 0.068 19911204 7.4 61 13 6.9 4.8 1 3.5 7 0.18 19920113 7.9 67 15 7.2 4.3 1.1 3.2 9.3 0.21 19920413 7.7 30 7.8 2.5 2.5 0.3 2.4 4.8 0.16 19920722 7.6 71 16 7.5 4.8 0.9 2.1 9.6 0.11 19921026 8.2 86 18 10 5.3 1.2 5.4 14 19921216 7.6 89 19 10 6 1.2 5.6 13 0.25 19930201 7.2 83 18 9.1 7.3 1.2 7.3 12 0.28 19930426 7.7 66 15 6.8 4.1 1.2 4.9 9.5 0.092 19930722 7.5 64 15 6.5 4 0.2 3.9 7.7 0.079 19931201 7.7 80 17 9 4.8 1 4 11 0.16 Date pH Hardness Alkalinity Ca Mg Na K Cl SO4 NO3 DOC D 43 19940216 7.3 19940511 7.7 51 11 5.6 3.7 1.1 3.4 9.4 0.076 MIN 6.4 30 25 7.5 2.5 2.1 0.2 0.2 3.8 0.01 10 MAX 9.5 130 110 29 15 30 8.5 32 36 0.37 37 MEAN 7.52 71.11 56.94 16.16 7.46 7.09 1.37 7.39 15.04 0.17 22.19 D 44 1977 y = 0.0791x + 1.5586 R2 = 0.9814 0 5 10 15 50 70 90 110 130 Hardness Mg 1977 y = 0.2486x  0.9304 R2 = 0.9962 0 10 20 30 40 50 70 90 110 130 Hardness Ca 1977 y = 0.3951x  18.303 R2 = 0.7937 0 10 20 30 40 50 70 90 110 130 Hardness Na D 45 1977 y = 0.0237x  0.2069 R2 = 0.7611 0 1 2 3 50 70 90 110 130 Hardness K 1977 y = 0.3578x  12.5 R2 = 0.5509 0 10 20 30 40 50 70 90 110 130 Hardness Cl 1977 y = 0.2793x  1.9496 R2 = 0.7145 0 10 20 30 40 50 70 90 110 130 Hardness SO4


[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63188-63191]
[FR Doc No: 2014-25080]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73374; File No. SR-NYSEArca-2014-112]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change in Connection With the Proposed Termination of
the Amended and Restated Trust Agreement, Dated as of November 13, 2013
and Amended on June 2, 2014 By and Among NYSE Holdings LLC, a Delaware
Limited Liability Company, NYSE Group, Inc., a Delaware Corporation,
Wilmington Trust Company, as Delaware Trustee, and Each of Jacques de
Larosi[egrave]re de Champfeu, Alan Trager and John Shepard Reed, as
Trustees

October 16, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 8, 2014, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes this rule filing in connection with the
proposed termination of the Amended and Restated Trust Agreement, dated
as of November 13, 2013 and amended on June 2, 2014 (the ``Trust
Agreement''), by and among NYSE Holdings LLC, a Delaware limited
liability company (``NYSE Holdings''), NYSE Group, Inc., a Delaware
corporation (``NYSE Group''), Wilmington Trust Company, as Delaware
Trustee, and each of Jacques de Larosi[egrave]re de Champfeu, Alan
Trager and John Shepard Reed, as Trustees. The text of the proposed
rule change is available on the Exchange's Web site at www.nyse.com, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange seeks approval for its 100% direct parent, NYSE Group,
and its 100% indirect parent, NYSE Holdings, to terminate the Trust
Agreement.\4\ NYSE Arca believes that the regulatory considerations
that led to the implementation of the Trust Agreement in 2007 are now
moot as a result of the sale by Intercontinental Exchange, Inc., a
Delaware corporation (``ICE''), of Euronext N.V. (``Euronext'') in June
2014 and certain changes in the corporate governance of ICE, ICE
Holdings and NYSE Holdings that occurred upon such sale.\5\
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    \4\ ICE, a public company listed on the New York Stock Exchange,
LLC (the ``NYSE''), owns 100% of Intercontinental Exchange Holdings,
Inc., a Delaware corporation (``ICE Holdings''), which in turn owns
100% of NYSE Holdings. Through ICE Holdings, NYSE Holdings and NYSE
Group, ICE indirectly owns (1) 100% of the equity interest of three
registered national securities exchanges and self-regulatory
organizations (together, the ``NYSE Exchanges'')--NYSE Arca, the
NYSE and NYSE MKT LLC (``NYSE MKT'')--and (2) 100% of the equity
interest of NYSE Market (DE), Inc. (``NYSE Market''), NYSE
Regulation, Inc. (``NYSE Regulation''), NYSE Arca L.L.C., NYSE Arca
Equities, Inc. and NYSE Amex Options LLC. See Exchange Act Release
No. 70210 (August 15, 2013) (SR-NYSE-2013-62) [sic], 78 FR 51758
(August 21, 2013) (approving proposed rule change relating to a
corporate transaction in which NYSE Euronext will become a wholly
owned subsidiary of IntercontinentalExchange Group, Inc.).
    \5\ The Exchange's affiliates, the NYSE and NYSE MKT, have also
submitted the same proposed rule change to terminate the Trust
Agreement. See SR-NYSEMKT-2014-83 and SR-NYSE-2014-53.
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Background
    In 2007, NYSE Group, which is the 100% owner of NYSE Arca, combined
with Euronext (the ``Combination''). The new parent company formed in
the Combination, NYSE Euronext, operated several regulated entities in
the United States and various jurisdictions in Europe. In the
Commission's notice relating to the proposed Combination, NYSE Arca
emphasized the importance of continuing to regulate marketplaces
locally:

    A core aspect of the structure of the Combination is continued
local regulation of the marketplaces. Accordingly, the Combination
is premised on the notion that . . . [c]ompanies listing their
securities only on markets operated by Euronext and its subsidiaries
will not become newly subject to U.S. laws or regulation by the SEC
as a result of the Combination, and companies listing their
securities only on the Exchange or NYSE Arca, will not become newly
subject to European rules or regulation as a result of the
Combination.\6\
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    \6\ See Exchange Act Release No. 55026 (Dec. 29, 2006) (SR-NYSE-
2006-120), 72 FR 814, 816-817 (January 8, 2007) (the ``NYSE Euronext
Notice''). NYSE Euronext acquired NYSE MKT, the third of the NYSE
Exchanges, in 2008.

    In connection with obtaining regulatory approval of the
Combination, NYSE Euronext implemented certain special arrangements
consisting of two standby structures, one involving a Dutch foundation
(Stichting) and one involving a Delaware trust. The Dutch foundation
was empowered to take actions to mitigate the effects of any material
adverse change in U.S. law that had an ``extraterritorial'' impact on
non-U.S. issuers listed on Euronext markets, non-U.S. financial
services firms that were members of Euronext markets or holders of
exchange licenses with respect to the Euronext markets. The Delaware
trust was empowered to take

actions to mitigate the effects of any material adverse change in
European law that had an ``extraterritorial'' impact on the non-
European issuers listed on NYSE Group securities exchanges, non-
European financial services firms that were members of any NYSE Group
securities market or holders of exchange licenses with respect to the
NYSE Group securities exchanges.
    The current form of the Trust Agreement is attached as Exhibit 5A,
and a form of unanimous written consent of all parties to, or otherwise
bound by, the Trust Agreement resolving that the Delaware trust be
terminated is attached as Exhibit 5B. The terms of the Dutch foundation
and the Delaware trust are complex. An explanation of the terms is
included in the NYSE Euronext Notice. Subsequent modifications to the
arrangements, to the extent relevant to the proposed rule change, are
described herein.
    The Dutch foundation and the Delaware trust remained in effect
after the merger of ICE Holdings (then known as
IntercontinentalExchange, Inc.) and NYSE Euronext in 2013 under ICE
(then known as IntercontinentalExchange Group, Inc.) as a new public
holding company. However, in connection with ICE's announced plan to
sell the Euronext securities exchanges in an initial public offering,
the Dutch Ministry of Finance permitted modifications of the terms of
the governing document of the Dutch foundation under which the powers
of the Dutch foundation would cease to apply to ICE and its affiliates
at such time as ICE ceased to hold a ``controlling interest'' in
Euronext, with ``controlling interest'' defined by reference to the
definition of ``control'' under Rule 10 of the International Financial
Reporting Standards (``IFRS 10'').\7\ In June 2014 ICE announced that
it had sold all but approximately 6% of the ownership interest in
Euronext in an underwritten public offering outside the United
States.\8\ Upon application by ICE, the Dutch Ministry of Finance
confirmed on July 16, 2014 that the conditions to the cessation of the
application of the Dutch foundation to ICE had been satisfied or
waived.\9\ As a result, ICE and its subsidiaries are no longer subject
to the provisions of the Dutch foundation.
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    \7\ Excerpts from the Further Amended and Restated Governance
and Option Agreement, dated March 21, 2014, among the Dutch
foundation, Euronext Group N.V. and ICE are attached as Exhibit 5C.
    \8\ ICE's press release dated June 24, 2014 is available at the
following link: http://ir.theice.com/investors-and-media/press/press-releases/press-release-details/2014/Intercontinental-Exchange-Announces-Closing-of-Euronext-Initial-Public-Offering/default.aspx.
    \9\ An English translation of the Dutch Ministry of Finance's
letter is attached as Exhibit 5D.
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    In the 2013 merger, NYSE Euronext was succeeded by the entity now
known as NYSE Holdings, which is currently a party to the Trust
Agreement. At that time, references to the nominating and governance
committee of the board of directors of NYSE Euronext, which selected
the Trustees of the Delaware trust, were replaced by references to the
nominating and governance committee of the board of directors of
ICE.\10\ Other provisions of the Trust Agreement are substantially
unchanged.\11\
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    \10\ See note 4, supra.
    \11\ See Exchange Act Release No. 72158 (May 13, 2014) (SR-NYSE-
2014-23), 79 FR 28784 (May 19, 2014) (notice of filing and immediate
effectiveness of proposed rule change relating to name changes of
the Exchange's ultimate parent) (revising Trust Agreement to reflect
name changes of ICE and ICE Holdings).
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    In connection with the Combination of NYSE Group and Euronext in
2007 and the establishment of the Dutch foundation and the Delaware
trust, the Certificate of Incorporation and Bylaws of NYSE Euronext
included several provisions relating to representation of European
interests on the board of directors and other provisions requiring the
board to give due consideration to European regulatory requirements and
the interests of identified categories of European stakeholders. These
provisions are summarized in the NYSE Euronext Notice. Each such
provision was subject to automatic revocation in the event that NYSE
Euronext no longer held a controlling interest in Euronext or certain
of its subsidiaries. For this purpose, ``controlling interest'' was
defined to mean 50% or more of the outstanding shares of each class of
voting securities and of the combined voting power of outstanding
voting securities entitled to vote generally in the election of
directors. Substantially identical provisions were added to the
Certificate of Incorporation and Bylaws of ICE and ICE Holdings, and
were retained in the Operating Agreement of NYSE Holdings, when ICE
acquired NYSE Euronext in 2013, except that the ``controlling
interest'' test was modified to become a ``control'' test under IFRS
10, as described above with respect to the Dutch foundation. As a
result of the initial public offering of Euronext, ICE has established
that it no longer controls Euronext within the meaning of IFRS 10, and
the provisions of the constituent documents of ICE, ICE Holdings and
NYSE Holdings have automatically and without further action become void
and are of no further force and effect.
Proposed Rule Change
    NYSE Arca requests approval to terminate the Delaware trust because
it believes that the regulatory considerations that led to the
implementation of the Trust Agreement in 2007 have been mooted by the
sale of Euronext in June 2014, the automatic revocation of corporate
governance provisions applicable to ICE, ICE Holdings and NYSE Holdings
that occurred upon such sale, and the fact that the Dutch foundation
which functioned as a European analog to the Delaware trust, ceased to
have any authority over ICE and its subsidiaries upon the closing of
the sale of Euronext.\12\ NYSE Arca believes that the prospect for any
material adverse change in European law that would have an
``extraterritorial'' impact on the non-European issuers listed on NYSE
Group securities exchanges, non-European financial services firms that
are members of any NYSE Group securities market or holders of exchange
licenses with respect to the NYSE Group securities exchanges is now
remote.
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    \12\ As noted above, this has been confirmed by the Dutch
Ministry of Finance.
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    Continuance of the Trust Agreement when it no longer furthers the
purposes of Section 6(b) of the Exchange Act \13\ also imposes certain
administrative burdens and costs upon NYSE Arca and its affiliates, and
may cause investor uncertainty, that create impediments to a free and
open market. Specifically, the Trust Agreement imposes administrative
burdens on ICE and the nominating and governance committee of its board
of directors, such as the need to periodically consider and vote on
Trustees; the need to consider whether any proposed action requires
approval under the Trust Agreement and, if so, the obligation to
prepare materials for consideration and vote by the Trustees; and the
need to consider whether any proposed action requires an amendment to
the Trust Agreement and, if so, the additional obligation to submit
such amendment to the Commission for approval under Rule 19b-4.\14\ The
Trust Agreement results in out-of-pocket costs to NYSE Arca and its
affiliates including the fees of the individual Trustees and the
Delaware Trustee as well as fees of counsel incurred in connection with
review of proposed amendments and assistance with the SEC approval
process. NYSE Arca also believes that some analysts and institutional
investors may not fully understand the purpose of the Delaware trust
and may not have appreciated that,

even when ICE controlled Euronext and European regulatory
considerations played a substantial role in ICE's corporate governance,
the likelihood of the Delaware trust's substantive provisions ever
being invoked was, by design, extremely remote. In light of the sale of
Euronext, the revocation of the governance provisions relating to
European considerations, and the cessation of application of the Dutch
foundation to ICE and its affiliates, ICE believes it is appropriate to
terminate the Delaware trust in order to avoid any future need to
reassure analysts and investors that the trust does not impact the
daily operations or valuations of ICE's national securities exchanges.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 17 CFR 240.19b-4.
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    Termination of the Delaware trust would be implemented through a
unanimous written consent of all parties to, or otherwise bound by, the
Trust Agreement in the form attached as Exhibit 5B.
    References to the Delaware trust also would be deleted from, and
related conforming changes would be made to, the constituent documents
of NYSE Holdings, NYSE Group, the Exchange, NYSE MKT, NYSE Market and
NYSE Regulation. In particular:

    NYSE Holdings. The Fifth Amended and Restated Limited Liability
Company Agreement of NYSE Holdings would be further amended and
restated to eliminate the definition of the term ``Trust'' in
Section 1.1 and the references to the Delaware trust in Section 7.2.
See Exhibit 5E.
    NYSE Group. The Third Amended and Restated Certificate of
Incorporation of NYSE Group would be further amended and restated to
eliminate references to the Delaware trust in Article IV, Section
4(a) and (b). See Exhibit 5F.
    The Exchange. The Sixth Amended and Restated Operating Agreement
of the Exchange would be further amended and restated to eliminate
references to the Delaware trust in Section 3.03. See Exhibit 5G.
    NYSE MKT. The Fifth Amended and Restated Operating Agreement of
NYSE MKT would be further amended and restated to eliminate
references to the Delaware trust in Section 3.03. See Exhibit 5H.
    NYSE Market. The Second Amended and Restated Certificate of
Incorporation of NYSE Market would be further amended and restated
to eliminate references to the Delaware trust in Article IV, Section
2. See Exhibit 5I.
    NYSE Regulation. The Restated Certificate of Incorporation of
NYSE Regulation would be further amended and restated to eliminate
references to the Delaware trust in Article V. See Exhibit 5J.
2. Statutory Basis
    NYSE Arca believes that the proposed rule change is consistent with
Section 6(b) of the Exchange Act,\15\ in general, and with Section
6(b)(1) \16\ in particular, in that it enables NYSE Arca to be so
organized as to have the capacity to be able to carry out the purposes
of the Exchange Act and to comply, and to enforce compliance by its
exchange members and persons associated with its exchange members, with
the provisions of the Exchange Act, the rules and regulations
thereunder, and the rules of NYSE Arca. The Delaware trust was
implemented in response to potential concerns arising under non-U.S.
law and regulation at a time when NYSE Arca was owned by a company with
substantial holdings of non-U.S. securities exchanges, substantial non-
U.S. board representation, and explicit obligations on the part of its
board to give due consideration to matters of non-U.S. law and the
interests of non-U.S. stakeholders. In light of the elimination of
these concerns as discussed above, NYSE Arca believes that termination
of the Delaware trust is consistent with Section 6(b)(1).
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(1).
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    NYSE Arca also believes that this filing furthers the objectives of
Section 6(b)(5) of the Exchange Act \17\ because the proposed rule
change would be consistent with and facilitate a governance and
regulatory structure that is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in 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 a national market system and, in general, to
protect investors and the public interest. As discussed above, the
Exchange believes that termination of the Delaware trust will remove
impediments to the operation of NYSE Arca by eliminating certain
expenses and administrative burdens as well as the potential for
uncertainty among analysts and investors as to the practical
implications of the Delaware trust on NYSE Arca as a marketplace and as
a significant asset of ICE. For the same reasons, the proposed rule
change is also designed to protect investors as well as the public
interest . . . [sic]
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    \17\ 15 U.S. C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NYSE Arca does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act. Indeed, the
proposed rule change would eliminate an earlier arrangement intended in
part to address potential competitive issues in the European securities
markets that have abated as a result of ICE's sale of the Euronext
securities exchanges in June 2014. The proposed rule change results in
no concentration or other changes of ownership of exchanges.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days after
publication (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-NYSEArca-2014-112 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2014-112. 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 the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2014-112 and should
be submitted on or before November 12, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-25080 Filed 10-21-14; 8:45 am]
BILLING CODE 8011-01-P