[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Notices]
[Pages 43640-43642]
[FR Doc No: 2019-17985]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86688; File No. SR-NYSEAMER-2019-24]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Supplementary Material .01(b)(5) to NYSE American Rule 8.600E Relating
to Generic Listing Standards for Managed Fund Shares

August 15, 2019.
    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 August 1, 2019, NYSE American LLC (``NYSE American'' or
the ``Exchange'') 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Supplementary Material .01(b)(5) to
NYSE American Rule 8.600E relating to generic listing standards for
Managed Fund Shares applicable to holdings in fixed income securities.
The proposed rule change is available on the Exchange's website 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Supplementary Material .01 to NYSE American Rule 8.600E sets forth
generic listing standards for Managed Fund Shares on the Exchange.\4\
The Exchange proposes to amend Supplementary Material .01(b)(5) to Rule
8.600E, as described below. \5\
---------------------------------------------------------------------------

    \4\ A Managed Fund Share is a security that represents an
interest in an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-1) (the ``1940 Act'') organized
as an open-end management investment company or similar entity that
invests in a portfolio of securities selected by its investment
adviser consistent with its investment objectives and policies. In
contrast, an open-end management investment company that issues
Investment Company Units that may be traded on the Exchange under
NYSE American Rule 5.2E (j)(3) seeks to provide investment results
that correspond generally to the price and yield performance of a
specific foreign or domestic stock index, fixed income securities
index or combination thereof.
    \5\ Managed Fund Shares are currently traded on the Exchange
pursuant to UTP and are not listed on the Exchange. NYSE American
Rule 8E provides that the rule shall apply to the trading pursuant
to UTP of Exchange Traded Products (which include Managed Fund
Shares) on the Exchange and shall not apply to the Exchange listing
of Exchange Traded Products. Therefore, this proposed rule change
would only apply to Exchange-listed Managed Fund Shares in the event
the Exchange determines to list such securities in the future. The
Exchange will not list Managed Fund Shares prior to approval or
effectiveness of an Exchange proposed rule change to amend Rule 8E
to permit such listings.
---------------------------------------------------------------------------

Proposed Amendment to Supplementary Material .01(b)(5) to Rule 8.600E
    Supplementary Material .01(b) to NYSE American Rule 8.600E sets
forth generic listing standards applicable to fixed income securities
included in the portfolio of a series of Managed Fund Shares.\6\
Supplementary Material .01(b)(5) provides that non-agency, non-

GSE and privately-issued mortgage-related and other asset-backed
securities (``ABS'' and, collectively, ``non-agency ABS'') components
of a portfolio shall not account, in the aggregate, for more than 20%
of the weight of the fixed income portion of the portfolio. The
Exchange proposes to amend Supplementary Material .01(b)(5) by deleting
the words ``fixed income portion'' to provide that such 20% limitation
would apply to the entire portfolio rather than to only the fixed
income portion of the portfolio. Thus, Supplementary Material .01(b)(5)
would provide that non-agency, non-GSE and privately-issued mortgage-
related and other ABS components of a portfolio shall not account, in
the aggregate, for more than 20% of the weight of the portfolio.
---------------------------------------------------------------------------

    \6\ Supplementary Material .01(b) provides that fixed income
securities are debt securities that are notes, bonds, debentures or
evidence of indebtedness that include, but are not limited to, U.S.
Department of Treasury securities (``Treasury Securities''),
government-sponsored entity securities (``GSE Securities''),
municipal securities, trust preferred securities, supranational debt
and debt of a foreign country or a subdivision thereof, investment
grade and high yield corporate debt, bank loans, mortgage and asset
backed securities, and commercial paper.
---------------------------------------------------------------------------

    The Exchange believes this amendment is appropriate because a
fund's investment in non-agency, non-GSE and privately-issued mortgage-
related and other ABS may provide a fund with benefits associated with
increased diversification, as such investments may be less correlated
to interest rates than many other fixed income securities. The Exchange
notes that application of the 20% limitation only to the fixed income
portion of a fund's portfolio may impose a much more restrictive
percentage limit on permitted holdings of non-agency ABS for funds that
have a more diversified investment portfolio than for funds that hold
principally or exclusively fixed income securities. For example, a fund
holding 100% of its assets in fixed income securities can hold 20% of
its entire portfolio's weight in non-agency ABS. In contrast, a fund
holding 25% of its assets in fixed income securities, 25% in U.S
Component Stocks, and 50% in cash and cash equivalents is limited to a
5% (25%*20% = 5%) allocation to non-agency ABS. The Exchange,
therefore, believes application of the 20% limitation to a fund's
entire portfolio would be more equitable for Managed Fund Shares
issuers with different investment objectives and holdings.
    The Commission has previously approved a proposed rule change by
NYSE Arca, Inc. that is substantively identical to the amendment to
NYSE American Rule 8.600E, Supplementary Material .01(b)(5) proposed
herein.\7\ Therefore, the Exchange believes it is appropriate to apply
the 20% limitation to a fund's investment in non-agency, non-GSE and
privately-issued mortgage-related and other ABS components of a
portfolio in Supplementary Material .01(b)(5) to a fund's total assets.
Non-agency ABS would otherwise satisfy all generic listing requirements
of Rule 8.600E, Supplementary Material .01(b).
---------------------------------------------------------------------------

    \7\ Securities Exchange Act Release No. 86017 (June 3, 2019), 84
FR 26711 (June 7, 2019) (SR-NYSEArca-2019-06) (Order Approving a
Proposed Rule Change, as Modified by Amendment No. 1, to Amend
Certain Generic Listing Standards for Managed Fund Shares Applicable
to Holdings of Fixed Income Securities).
---------------------------------------------------------------------------

    The Exchange believes the proposed amendments would provide issuers
of Managed Fund Shares with additional investment choices for fund
portfolios for issues permitted to list and trade on the Exchange
pursuant to Rule 19b-4(e), which would enhance competition among market
participants, to the benefit of investors and the marketplace.\8\
---------------------------------------------------------------------------

    \8\ See note 5, supra.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\10\ in particular, because it
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 mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange has in place surveillance procedures that are adequate
to properly monitor trading in series of Managed Fund Shares in all
trading sessions and to deter and detect violations of Exchange rules
and applicable federal securities laws. The Exchange notes that the
Exchange or Financial Industry Regulatory Authority (``FINRA''), on
behalf of the Exchange, or both, would communicate as needed regarding
trading in Managed Fund Shares with other markets and other entities
that are members of the Intermarket Surveillance Group, and the
Exchange or FINRA, on behalf of the Exchange, or both, could obtain
trading information regarding trading in Managed Fund Shares from such
markets and other entities. In addition, the Exchange could obtain
information regarding trading in Managed Fund Shares from markets and
other entities that are members of ISG or with which the Exchange has
in place a comprehensive surveillance sharing agreement.
    With respect to the proposed amendment to Supplementary Material
.01(b)(5), the Exchange believes this amendment is appropriate because
a fund's investment in non-agency, non-GSE and privately-issued
mortgage-related and other ABS may provide a fund with benefits
associated with increased diversification, as such investments may be
less correlated to interest rates than many other fixed income
securities. As noted above, application of the 20% limitation to only
the fixed income portion of a fund's portfolio may impose a much lower
percentage limit on permitted holdings of non-agency ABS for funds that
have a more diversified investment portfolio than for funds that hold
principally or exclusively fixed income securities. The Exchange,
therefore, believes application of the 20% limitation to a fund's
entire portfolio would be more equitable for Managed Fund Shares
issuers with different investment objectives and holdings.
    The Exchange notes that the Commission has previously approved a
proposed rule change by NYSE Arca, Inc. that is substantively identical
to the amendment to NYSE American Rule 8.600E, Supplementary Material
.01(b)(5) proposed herein.\11\ Therefore, the Exchange believes it is
appropriate to apply the 20% limitation to a fund's investment in non-
agency, non-GSE and privately-issued mortgage-related and other ABS
components of a portfolio in Supplementary Material .01(b)(5) to a
fund's total assets. Non-agency ABS would otherwise satisfy all generic
listing requirements of Rule 8.600E, Supplementary Material .01(b).
---------------------------------------------------------------------------

    \11\ See note 7, supra.
---------------------------------------------------------------------------

    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of
additional types of Managed Fund Shares that will enhance competition
among market participants, to the benefit of investors and the
marketplace.\12\
---------------------------------------------------------------------------

    \12\ See note 5, supra.
---------------------------------------------------------------------------

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

    In accordance with Section 6(b)(8) of the Act,\13\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance

of the purposes of the Act. The proposed rule change will facilitate
the listing and trading of additional types of Managed Fund Shares that
will enhance competition among market participants, to the benefit of
investors and the marketplace.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    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 prior to 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\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the 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.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend 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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
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-NYSEAMER-2019-24 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-NYSEAMER-2019-24. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMER-2019-24 and should be submitted
on or before September 11, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-17985 Filed 8-20-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Notices]
[Pages 53222-53223]
[FR Doc No: 2015-21781]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Release From Surplus Property Deed Obligations at Luke
Auxiliary Airfield #6, Buckeye, Maricopa County, Arizona

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of request to release airport land.

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

SUMMARY: The Federal Aviation Administration (FAA) proposes to rule and
invites public comment on the application for a release of
approximately 2.99 acres of airport

property at Luke Auxiliary Airfield #6, Buckeye, Maricopa County,
Arizona from all conditions contained in the Surplus Property Deed
since the parcel of land is not needed for airport purposes. The reuse
of the land for a roadway improvement project by the City of Buckeye
represents an acceptable disposition of the land that is not being used
for airport purposes. The property will be sold for its fair market
value and the proceeds used for an airport purpose, thus serving the
interests of civil aviation.

DATES: Comments must be received on or before October 2, 2015.

FOR FURTHER INFORMATION CONTACT: Comments on the request may be mailed
or delivered to the FAA at the following address: Mike N. Williams,
Manager, Airports District Office, Federal Register Comment, Federal
Aviation Administration, Phoenix Airports District Office, 3800 N.
Central Avenue, Suite 1025, Phoenix, Arizona 85012. In addition, one
copy of the comment submitted to the FAA must be mailed or delivered to
Ruben Ojeda, Right of Way Section Manager, Arizona State Land
Department, 1616 W. Adams Street, Phoenix, Arizona 85007-3212.

SUPPLEMENTARY INFORMATION: In accordance with the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (AIR 21),
Public Law 106-181 (Apr. 5, 2000; 114 Stat. 61), this notice must be
published in the Federal Register 30 days before the Secretary may
waive any condition imposed on a federally obligated airport by surplus
property conveyance deeds or grant agreements.
    The following is a brief overview of the request:
    The Arizona State Land Department, Phoenix, Maricopa County,
Arizona requested a release from the conditions contained in the
Surplus Property Deed for approximately 2.99 acres of airport land. The
property is located on the southern and northern sides of the former
airfield, on the north side of Yuma Road and the south of Van Buren
Street. The land is presently unused and undeveloped. The land is
needed for roadway improvements by the City of Buckeye. The Arizona
State Land Department agrees to the sale of the land to the City of
Buckeye since the property is not needed or being used for airport
purposes. The project will aid traffic flow for the City of Buckeye.
The sale price will be based on its appraised market value and the sale
proceeds will be used for airport purposes by the State. The use of the
property for a public roadway will not affect the remainder of the
airfield property. The State will be properly compensated, thereby
serving the interests of civil aviation.

    Issued in Hawthorne, California, on August 25, 2015.
Brian Q. Armstrong,
Manager, Safety and Standards, Airports Division, Western-Pacific
Region.
[FR Doc. 2015-21781 Filed 9-1-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Proposed Rules]
[Pages 33713-33715]
[FR Doc No: 2019-14981]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0571]
RIN 1625-AA00

Safety Zone for Fireworks Displays; Patapsco River, Inner Harbor,
Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Patapsco River. This action is necessary
to provide for the safety of life on these navigable waters of the
Inner Harbor at Baltimore, MD, on September 21, 2019 and on November
10, 2019 (with alternate date of November 11, 2019) during fireworks
displays. This proposed rulemaking would prohibit persons and vessels
from entering the safety zone unless authorized by the Captain of the
Port Maryland-National Capital Region or a designated representative.
We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before August 14, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0571 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Maryland-National Capital Region
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Serpico Pyrotechnics, LLC of Toms River, NJ notified the Coast
Guard that it will be conducting a private fireworks display from 9:50
p.m. to 10 p.m. on September 21, 2019, to commemorate a wedding. The
fireworks are to be launched from a barge located in the Inner Harbor
approximately 125 yards southeast of Pier 1 in Baltimore, MD. Hazards
from the firework display includes accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. The COTP
Maryland-National Capital Region has determined that potential hazards
associated with the fireworks to be used in this display would be a
safety concern for anyone in the Inner Harbor near the fireworks barge.
    The Baltimore Office of Promotion and The Arts of Baltimore, MD
notified the Coast Guard that it will be conducting a fireworks display
from 11:30 p.m. to midnight on November 10, 2019, to end their ten-day
Light and Literature Unite festival. The public fireworks are to be
conducted by Fireworks by Grucci, Inc., and launched from five floating
platforms located in the Inner Harbor between Pier 3 and Pier 5 in
Baltimore, MD. In the event of inclement weather, the fireworks display
will be scheduled for November 11, 2019. Hazards from the firework
display includes accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The COTP Maryland-
National Capital Region has determined that potential hazards
associated with the fireworks to be used in this display would be a
safety concern for anyone in the Inner Harbor near the five fireworks
floating platforms.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters in the safety zone

before, during, and after the scheduled events. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 8:30 p.m. to
10:30 p.m. on September 21, 2019 and from 11 p.m. on November 10, 2019
to 1 a.m. on November 11, 2019 (or alternatively, in case of rain, from
11 p.m. on November 11, 2019 to 1 a.m. on November 12, 2019). The
safety zone would cover all navigable waters of the Patapsco River,
Inner Harbor, from shoreline to shoreline, within an area bounded on
the east by longitude 076[deg]36'12'' W, and bounded on the west by the
Inner Harbor west bulkhead, located at Baltimore, MD. The duration and
enforcement of the safety zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled 9:50 p.m. and 11:30 p.m., respectively, fireworks displays.
No vessel or person would be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. The
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on size, duration,
time-of-day and time-of-year of the safety zone. Although this safety
zone would restrict the entire width of the waterway, it would impact a
small designated area of the Inner Harbor for a total of four hours
during the evening when vessel traffic is normally low. The Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting a total of four hours that would prohibit entry within a
small designated area of the Inner Harbor at Baltimore, MD. Normally
such actions are categorically excluded from further review under
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures 5090.1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES. We seek any comments or
information that

may lead to the discovery of a significant environmental impact from
this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0571 to read as follows:

Sec.  165.T05-0571   Safety Zone for Fireworks Displays; Patapsco
River, Inner Harbor, Baltimore, MD.

    (a) Location. The following area is a safety zone: All navigable
waters of the Patapsco River, Inner Harbor, from shoreline to
shoreline, within an area bounded on the east by longitude
076[deg]36'12'' W, and bounded on the west by the Inner Harbor west
bulkhead, located at Baltimore, MD. All coordinates refer to datum NAD
1983.
    (b) Definitions. As used in this section:
    (1) Captain of the Port (COTP) means the Commander, U.S. Coast
Guard Sector Maryland-National Capital Region.
    (2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the safety
zone described in paragraph (a) of this section.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. All vessels underway within this
safety zone at the time it is activated are to depart the zone.
    (2) To seek permission to enter, contact the COTP or the COTP's
designated representative by telephone at<PHONE_NUMBER> or on Marine
Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels
enforcing this section can be contacted on Marine Band Radio VHF-FM
channel 16 (156.8 MHz).
    (3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (e) Enforcement. This safety zone will be enforced during the
periods described in paragraph (f) of this section. A ``FIREWORKS--
DANGER--STAY AWAY'' sign will be posted on the port and starboard sides
of the barge on-scene near the location described in paragraph (a) of
this section.
    (f) Enforcement periods. This section will be enforced:
    (1) From 8:30 p.m. to 10:30 p.m. on September 21, 2019.
    (2) From 11 p.m. on November 10, 2019 to 1 a.m. on November 11,
2019. If necessary due to inclement weather on November 10, 2019, this
section will be enforced from 11 p.m. on November 11, 2019 to 1 a.m. on
November 12, 2019.

    Dated: July 10, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-14981 Filed 7-12-19; 8:45 am]
BILLING CODE 9110-04-P


HFO-1234ze SNAP submission

6/2/2010

Bober, Katarzyna to: Melissa Fiffer

Cc: Margaret Sheppard, Monica Shimamura

Dear Melissa,

Thank you for the call and the good news with regards to our submission.  My business will be very happy to know that the next SNAP listing will be published soon.  As discussed, please feel free to remove the CBI claim from the individual uses.  The Aerosol Propellant, Heat Transfer and Foam Blowing uses no longer need the CBI designation.

Best regards,

Kasia


[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Rules and Regulations]
[Pages 48978-48980]
[FR Doc No: 2014-19572]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0721]
RIN 1625-AA00

Safety Zone; TAKE MARU 55 Vessel Salvage; Cocos Island, Merizo,
Guam

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone in support of
vessel salvage operations for the grounded commercial fishing vessel,
TAKE MARU 55, in the waters west of Cocos Island. This safety zone will
encompass a 400 yard area centered around the TAKE MARU 55, located at
approximately 13 degrees 14 minutes 7 seconds North Latitude, 144
degrees 38 minutes 27 seconds East Longitude, the waters west of Cocos
Island (North American Datum (NAD) 1983).

DATES: This rule is effective without actual notice from August 19,
2014 until October 30, 2014. For the purposes of enforcement, actual
notice will be used from August 2, 2014, until August 19, 2014.

ADDRESSES: Documents indicated in this preamble are part of docket
USCG-2014-0721. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.''
    Click on Open Docket Folder on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m. (EST), Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Chief Kristina Gauthier, U.S. Coast Guard Sector
Guam at<PHONE_NUMBER>. If you have any questions on viewing or
submitting material to the docket, call Cheryl Collins Program Manager,
Docket Operations, at<PHONE_NUMBER> or 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard received notice of the vessel grounding on July 30, 2014.
Due to the emergent nature of this incident, the Coast Guard did not
have time to issue a notice of proposed rulemaking.
    Under 5 U.S.C. 553(d)(3), for the same reason mentioned above, the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register. Due to the
late notice and inherent danger in the salvage of a grounded vessel,
delaying the effective period of this safety zone would be contrary to
the public interest.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 33 CFR 1.05-1, 6.04-6, 160.5; and Department of Homeland
Security Delegation No. 0170.1.
    A safety zone is a water area, shore area, or water and shore area,
for which access is limited to authorized person, vehicles, or vessels
for safety purposes. The purpose of this rulemaking is to protect
mariners from the potential hazards associated with salvage operations.
Approaching too close to such operations could potentially expose the
mariner to hazardous conditions.

C. Discussion of Rule

    In order to protect the public from the hazards associated with the
grounded vessel and subsequent salvage operations, the Coast Guard is
establishing a temporary safety zone, effective August 2, 2014 to
October 30, 2014. The enforcement period for this rule is from August
2, 2014 to October 30, 2014.
    The safety zone is located within the Guam COTP Zone (See 33 CFR
3.70-15), and will cover all waters bounded by a circle with a 400-yard
radius centered around the TAKE MARU 55, located at approximately 13
degrees 14 minutes 7 seconds North Latitude, 144 degrees 38 minutes 27
seconds East Longitude, from the surface of the water to the ocean
floor.
    The general regulations governing safety zones contained in 33 CFR
165.23 apply. Entry into, transit through or anchoring within this zone
is prohibited unless authorized by the COTP or a designated
representative thereof. Any Coast Guard commissioned, warrant, or petty
officer, and any other COTP representative permitted by law, may
enforce the zone. The COTP may waive any of the requirements of this
rule for any person, vessel, or class of vessel upon finding that
application of the safety zone is unnecessary or impractical for the
purpose of maritime safety. Vessels or persons violating this rule may
be subject to the penalties set forth in 33 U.S.C. 1232 and/or 50
U.S.C. 192.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The Coast Guard expects
the economic impact of this rule to be extremely minimal based on the
limited geographic area affected by it.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations

that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule would affect the following entities, some of which might be small
entities: The owners or operators of Cocos Island Resort restricting
visitors from this portion of the zone from August 2, 2014 to October
30, 2014. This rule will be in effect until all salvage and clean up
operations are completed and vessel traffic can pass safely around the
safety zone. The safety zone does not encompass the entirety of Cocos
Island and safe transit is still allowed to Cocos Island. Further,
traffic will be allowed to pass through the zone with the permission of
the Coast Guard Patrol Commander who can be reached by phone at 671-
355-4821. During the effective period, we will issue maritime
advisories widely available to users of Cocos Island and surrounding
waters.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a closed area of Cocos Island, to vessel traffic and
water sports above and below the water, until further notice. This rule
is categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction.

List of Subjects 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T14-0721 to read as follows:

Sec.  165.T14-0721  Safety Zone; TAKE MARU NO. 55 Vessel Salvage, Cocos
Island, Merizo, Guam.

    (a) Location. The following area, within the Guam Captain of the
Port (COTP) Zone (See 33 CFR 3.70-15), from the surface of the water to
the ocean floor, is a safety zone: All waters bounded by a circle with
a 400-yard radius, centered around the TAKE MARU 55, located at
approximately 13 degrees 14 minutes 7 seconds North Latitude, 144
degrees 38 minutes 27 seconds East Longitude (NAD 1983).
    (b) Enforcement period. This rule is effective without actual
notice from August 19, 2014 until October 30, 2014. For the purposes of
enforcement, actual notice will be used from August 2, 2014, until
August 19, 2014.
    (c) Regulations. The general regulations governing safety zones
contained in Sec.  165.23 apply. Entry into, transit through or within
this zone is prohibited unless authorized by the COTP or a designated
representative thereof.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other COTP representative permitted by law, may
enforce this temporary safety zone.
    (e) Waiver. The COTP may waive any of the requirements of this rule
for any person, vessel, or class of vessel upon finding that
application of the safety zone is unnecessary or impractical for the
purpose of maritime security.
    (f) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: August 2, 2014.
J.B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. 2014-19572 Filed 8-18-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 23, 2006 (Volume 71, Number 204)]
[Notices]
[Page 62142-62143]
[DOCID:fr23oc06-92]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54610; File No. SR-NYSE-2006-84]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Pilot To Put Into Operation Certain Rule Changes
Pending Before the Securities and Exchange Commission to Coincide With
the Exchange's Implementation of Phase 3 of the NYSE HYBRID MARKETSM

 October 16, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 13, 2006, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. NYSE filed
the proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\
and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposed rule
change effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    NYSE proposes to make a technical amendment to Rule 104.10(6)(P3)
which was part of the pilot (``Pilot'') \5\ to put into operation
certain rule changes pending before the Commission to coincide with the
Exchange's implementation of Phase 3 of the NYSE HYBRID
MARKETSM (``Hybrid Market'').\6\ The Exchange further
proposes to add a security to those operating under the Pilot that are
identified in Exhibit 3 of the Pilot filing. The text of the proposed
rule change is available on the Exchange's Web site (http://www.nyse.com), at

the Exchange's Office of the Secretary, and at the Commission's Public
Reference Room.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 54578 (October 5,
2006), 71 FR 60216 (October 12, 2006).
    \6\ See Securities Exchange Act Release No. 53539 (March 22,
2006), 71 FR 16353 (March 31, 2006).
---------------------------------------------------------------------------

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 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 self-regulatory organization 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 October 5, 2006, the Exchange proposed a Pilot to, among other
things, make operative certain proposed modifications to Exchange Rules
that are the subject of pending rule filings \7\ before the Commission
to coincide with the Exchange's implementation of Phase 3 of the Hybrid
Market. The Pilot commenced following Commission approval, on October
5, 2006 and is scheduled to terminate at the close of business on
October 31, 2006.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release Nos. 54504 (September
26, 2006), 71 FR 57011 (September 28, 2006) (proposing to amend the
specialist stabilization requirements set forth in Exchange Rule
104.10) (``Stabilization Filing''); 54520 (September 27, 2006), 71
FR 57590 (September 29, 2006) (proposing to amend several Exchange
Rules to clarify certain definitions and systemic processes)
(``Omnibus Filing''); and SR-NYSE-2006-73 (filed on September 13,
2006) (proposing to amend Exchange Rule 127 which governs the
execution of a block cross transaction at a price outside the
prevailing NYSE quotation) (``Block Cross Filing'').
---------------------------------------------------------------------------

    Through this filing the Exchange seeks to make a technical
amendment to Rule 104.10(6)(P3). Specifically, pursuant to the Pilot,
in order to eliminate possible confusion as to which Exchange Rules or
sections apply to the securities operating pursuant to the Pilot
(``Pilot securities''),\8\ the Exchange identified the rules
operational during the Pilot with a ``P3.'' A typographical error
identified subparagraph (iv) under Exchange Rule 104.10(6)(P3) with a
``P4.'' As a result, that subparagraph currently appears as follows:
---------------------------------------------------------------------------

    \8\ Phase 3 Pilot Securities are also posted on the Exchange's
Web site.
---------------------------------------------------------------------------

    (iv)(P4) Re-entry Obligations for Conditional Transactions:
    The Exchange seeks to delete the number ``4'' after the letter
``P'' and replace it with the number ``3'' in order accurately reflect
that subparagraph's inclusion in the Pilot.
    The Exchange further seeks to add a security to the Pilot
securities. The Exchange identified the specific securities included in
the Pilot securities in the form of an Exhibit 3 to the Pilot filing.
Included in the Pilot securities was Agilent Technologies, Inc. which
is traded on the Exchange under the stock symbol ``A.'' On or about
October 16, 2006, Agilent will distribute the results of a spin-off.
Anyone who purchases the stock after the distribution date would not be
entitled to the distribution. Accordingly, on Monday, October 16, 2006,
Agilent stock in an ``ex-distibution'' form will begin trading on the
Exchange under the stock symbol ``A.WD.'' A.WD will trade at the same
post and panel as Agilent. Given the relationship between Agilent and
A.WD stock, the Exchange requests to have A.WD included in the Pilot
securities.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \9\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \10\ in particular, in that it
is designed to promote just and equitable principles of trade, 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. The Exchange believes that the
proposed rule change is also designed to support the principles of

Section 11A(a)(1) of the Act \11\ in that it seeks to assure
economically efficient execution of securities transactions.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

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

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.\12\
---------------------------------------------------------------------------

    \12\ The Commission notes that it has received comments on the
Omnibus Filing and the Stabilization Filing.
---------------------------------------------------------------------------

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)
by its terms, become operative for 30 days from the date on which it
was filed, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest, it
has become effective pursuant to Section 19(b)(3)(A) of the Act \13\
and Rule 19b-4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \15\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the five-day pre-filing requirement and the 30-day
operative delay and designate the proposed rule change immediately
operative upon filing. The Commission is exercising its authority to
waive the five-day pre-filing requirement and believes that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest. Specifically, the Commission
believes that the correction of the rule reference as a Pilot rule
should provide clarity as to which rules are applicable to the Pilot
securities. Further, the Commission believes that adding A.WD as a
Pilot security is appropriate so that it and its related security, A,
are traded in a similar manner on the Exchange. Accordingly, the
Commission designates the proposal to be effective and operative upon
filing with the Commission.\16\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such proposed 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-2006-84 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSE-2006-84. 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 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-NYSE-2006-84 and should be submitted on or before
November 13, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Nancy M. Morris,
Secretary.
 [FR Doc. E6-17673 Filed 10-20-06; 8:45 am]

BILLING CODE 8011-01-P