[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Proposed Rules]
[Pages 11364-11365]
[FR Doc No: 2022-04246]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0130; Airspace Docket No. 22-AGL-9]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Ashtabula, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend the Class E airspace at
Ashtabula, OH. The FAA is proposing this action due to an airspace
review conducted as part of the decommissioning of the Jefferson very
high frequency (VHF) omnidirectional range (VOR) as part of the VOR
Minimal Operational Network (MON) Program. The name and geographic
coordinates of the airport would also be updated to coincide with the
FAA's aeronautical database.

DATES: Comments must be received on or before April 15, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-0130/Airspace Docket No. 22-AGL-9 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. FAA Order JO 7400.11F is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of FAA Order JO 7400.11F at NARA, email:
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend the Class E airspace extending upward from 700 feet
above the surface at Northeast Ohio Regional Airport, Ashtabula, OH, to
support instrument flight rule operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both

docket numbers and be submitted in triplicate to the address listed
above. Commenters wishing the FAA to acknowledge receipt of their
comments on this notice must submit with those comments a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. FAA-2022-0130/Airspace Docket No. 22-AGL-9.''
The postcard will be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by amending the
Class E airspace extending upward from 700 feet above the surface at
Northeast Ohio Regional Airport, Ashtabula, OH, by adding an extension
2 miles each side of the 259[deg] bearing from the airport extending
from the 6.5-mile radius of the airport to 9.6 miles west of the
airport; removing the city associated with Ashtabula County Medical
Center, contained within the airspace legal description, in the header
to comply with changes to FAA Order JO 7400.2N, Procedures for Handling
Airspace Matters; and updating the name (previously Ashtabula County
Airport), state, and geographic coordinates of Northeast Ohio Regional
Airport to coincide with the FAA's aeronautical database.
    This action is due to an airspace review conducted as part of the
decommissioning of the Jefferson VOR, which provided navigation
information for the instrument procedures at this airport, as part of
the VOR MON Program.
    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth

* * * * *

AGL OH E5 Ashtabula, OH [Amended]

Northeast Ohio Regional Airport, OH
    (Lat. 41[deg]46'40'' N, long. 80[deg]41'48'' W)
Ashtabula County Medical Center, OH, Point in Space Coordinates
    (Lat. 41[deg]52'47'' N, long. 80[deg]46'42'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Northeast Ohio Regional Airport, and
within 2 miles each side of the 259[deg] bearing from the Northeast
Ohio Regional Airport extending from the 6.5-mile radius to 9.6
miles west of the Northeast Ohio Regional Airport, and within a 6-
mile radius of the Point in Space serving the Ashtabula County
Medical Center.

    Issued in Fort Worth, Texas, on February 24, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-04246 Filed 2-28-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Notices]
[Pages 67945-67947]
[FR Doc No: 2019-26812]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-E-2525]

Determination of Regulatory Review Period for Purposes of Patent
Extension; BRIVIACT INJECTION New Drug Application 205837

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for BRIVIACT INJECTION and is
publishing this notice of that determination as required by law. FDA
has made the determination because of the submission of an application
to the Director of the U.S. Patent and Trademark Office (USPTO),
Department of Commerce, for the extension of a patent which claims that
human drug product.

DATES: Anyone with knowledge that any of the dates as published (see
the SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by
February 10, 2020. Furthermore, any interested person may petition FDA
for a determination regarding whether the applicant for extension acted
with due diligence during the regulatory review period by June 9, 2020.
See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before February 10, 2020. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of February 10, 2020. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-E-2525 for Determination of Regulatory Review Period for
Purposes of Patent Extension; BRIVIACT INJECTION. Received comments,
those filed in a timely manner (see ADDRESSES), will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on

https://www.regulations.gov. Submit both copies to the Dockets
Management Staff. If you do not wish your name and contact information
to be made publicly available, you can provide this information on the
cover sheet and not in the body of your comments and you must identify
this information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with Sec.
10.20 (21 CFR 10.20) and other applicable disclosure law. For more
information about FDA's posting of comments to public dockets, see 80
FR 56469, September 18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that, if a patent
is eligible for extension under these Acts, the patent may be extended
for a period of up to 5 years so long as the patented item (human drug
product, animal drug product, medical device, food additive, or color
additive) was subject to regulatory review by FDA before the item was
marketed. Under these acts, a product's regulatory review period forms
the basis for determining the amount of extension an applicant may
receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until the drug product ``was approved'' within the meaning of
35 U.S.C. 156. In the case of a drug recommended for controls under the
Controlled Substances Act (CSA), for purposes of patent term extension
the date of approval is the later of the date the application to market
the drug is approved or the date of issuance of the interim final rule
controlling the drug. See 35 U.S.C. 156(i). Although only a portion of
a regulatory review period may count toward the actual amount of
extension that the Director of USPTO may award (for example, half the
testing phase must be subtracted as well as any time that may have
occurred before the patent was issued), FDA's determination of the
length of a regulatory review period for a human drug product will
include all of the testing phase and approval phase as specified in 35
U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product, BRIVIACT
INJECTION (brivaracetam) under new drug application (NDA) 205837.
BRIVIACT INJECTION is indicated for treatment of partial-onset seizures
in patients 16 years of age and older with epilepsy. Subsequent to this
approval, the USPTO received a patent term restoration application for
BRIVIACT INJECTION (U.S. Patent No. 6,784,197) from UCB Biopharma SPRL
and the USPTO requested FDA's assistance in determining the patent's
eligibility for patent term restoration. In a letter dated January 18,
2017, FDA advised the USPTO that this human drug product had undergone
a regulatory review period and that the approval of BRIVIACT INJECTION,
NDA 205837, represented the first permitted commercial marketing or use
of the product. Thereafter, the USPTO requested that FDA determine the
product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
BRIVIACT INJECTION, NDA 205837, is 4,293 days. Of this time, 3,753 days
occurred during the testing phase of the regulatory review period,
while 540 days occurred during the approval phase. These periods of
time were derived from the following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) became effective:
August 12, 2004. The applicant claims November 30, 2008, as the date
the investigational new drug application (IND) became effective.
However, according to FDA records, this IND was not the first IND
received for this active ingredient. In general, FDA has used the first
IND submitted for investigation of the active ingredient of the drug
product as the beginning of the testing phase, if information derived
from this first IND was or could have been relied on or was relevant
for approval to market the drug product. FDA records indicate that the
effective date of the first IND for brivaracetam was August 12, 2004,
which was 30 days after FDA receipt of this first IND. This is the same
IND and the same date FDA determined was the beginning of the
regulatory review period for BRIVIACT ORAL TABLETS approved under NDA
205836 and for BRIVIACT ORAL SOLUTION approved under NDA 205838. The
regulatory review period determinations for BRIVIACT ORAL TABLETS and
BRIVIACT ORAL SOLUTION are publishing in this issue of the Federal
Register.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the FD&C Act: November
20, 2014. FDA has verified the applicant's claim that NDA 205837 for
BRIVIACT INJECTION was initially submitted on November 20, 2014.
    3. For a drug recommended for controls under the CSA, the later of
the date the new drug application was approved under section 505 of the
FD&C Act or the date of issuance of the interim final rule controlling
the drug: May 12, 2016. FDA has verified the applicant's claim that NDA
205837 was approved on February 18, 2016. FDA has also verified that
the date of issuance of the interim final rule controlling the drug,
placing brivaracetam in Schedule V of the CSA as revised by the
Improving Regulatory Transparency for New Medical Therapies Act, was
May 12, 2016.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 1,547 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To

meet its burden, the petition must comply with all the requirements of
Sec.  60.30, including but not limited to: Must be timely (see DATES),
must be filed in accordance with Sec.  10.20, must contain sufficient
facts to merit an FDA investigation, and must certify that a true and
complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: December 6, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-26812 Filed 12-11-19; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: December 21, 2009 (Volume 74, Number 243)]
[Notices]
[Page 67942-67944]
[DOCID:fr21de09-102]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61158; File No. SR-NYSE-2009-123]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending NYSE Rule 352 and Adopting New Rule 2150 To Correspond With
Rule Changes Filed by the Financial Industry Regulatory Authority, Inc.

December 11, 2009.

    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 December 10, 2009, the New York Stock Exchange LLC (``NYSE'' or the
``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 NYSE. 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 it 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

    The Exchange proposes to amend NYSE Rule 352 and adopt new Rule
2150 to correspond with rule changes filed by the Financial Industry
Regulatory Authority, Inc. (``FINRA'') and approved by the
Commission.\5\ The text of the proposed rule change is available at the
Exchange, the Commission's Public Reference Room, and http://
www.nyse.com.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 60701 (September 21,
2009), 74 FR 49425 (September 28, 2009) (order approving FINRA 09-
14).
---------------------------------------------------------------------------

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 purpose of the proposed rule changes is to amend NYSE Rule 352
(Guarantees, Sharing in Accounts, and Loan Arrangements) and adopt new
Rule 2150 (Improper Use of Customers' Securities or Funds; Prohibition
Against Guarantees and Sharing in Accounts) to correspond with rule
changes filed FINRA and approved by the Commission.

Background

    On July 30, 2007, FINRA's predecessor, the National Association of
Securities Dealers, Inc. (``NASD''), and NYSE Regulation, Inc.
(``NYSER'') consolidated their member firm regulation operations into a
combined organization, FINRA. Pursuant to Rule 17d-2 under the Act,\6\
NYSE, NYSER and FINRA entered into an agreement (the ``Agreement'') to
reduce regulatory duplication for their members by allocating to FINRA
certain regulatory responsibilities for certain NYSE rules and rule
interpretations (``FINRA Incorporated NYSE Rules''). NYSE Amex LLC
(``NYSE Amex'') became a party to the Agreement effective December 15,
2008.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78a, et seq.
    \7\ See Securities Exchange Act Release Nos. 56148 (July 26,
2007), 72 FR 42146 (August 1, 2007) (order approving the Agreement);
56147 (July 26, 2007), 72 FR 42166 (August 1, 2007) (SR-NASD-2007-
054) (order approving the incorporation of certain NYSE Rules as
``Common Rules''); and 60409 (July 30, 2009), 74 FR 39353 (August 6,
2009) (order approving the amended and restated Agreement, adding
NYSE Amex as a party). Paragraph 2(b) of the Agreement sets forth
procedures regarding proposed changes by FINRA, NYSE or NYSE Amex to
the substance of any of the Common Rules.
---------------------------------------------------------------------------

    As part of its effort to reduce regulatory duplication and relieve
firms that are members of FINRA, NYSE and NYSE Amex of conflicting or
unnecessary regulatory burdens, FINRA is now engaged in the process of
reviewing and amending the NASD and FINRA Incorporated NYSE Rules in
order to create a consolidated FINRA rulebook.\8\
---------------------------------------------------------------------------

    \8\ FINRA's rulebook currently has three sets of rules: (1) NASD
Rules, (2) FINRA Incorporated NYSE Rules, and (3) consolidated FINRA
Rules. The FINRA Incorporated NYSE Rules apply only to those members
of FINRA that are also members of the NYSE (``Dual Members''), while
the consolidated FINRA Rules apply to all FINRA members. For more
information about the FINRA rulebook consolidation process, see
FINRA Information Notice, March 12, 2008.
---------------------------------------------------------------------------

Proposed Conforming Amendments to NYSE Rules

    FINRA adopted parts of NASD Rule 2330 (Customers' Securities of
Funds) as consolidated FINRA Rule 2150 (Improper Use of Customers'
Securities or Funds; Prohibition Against Guarantees and Sharing in
Accounts). In adopting consolidated FINRA Rule 2150, FINRA also took
into account certain provisions of FINRA Incorporated NYSE Rule 352
(Guarantees, Sharing in Accounts, and Loan Arrangements).\9\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 60701 (September 21,
2009), 74 FR 49425 (September 28, 2009).
---------------------------------------------------------------------------

    Because they are substantially similar to the provisions of FINRA
Rule 2150 or are otherwise incorporated into the Supplementary Material
to the Rule, FINRA deleted the corresponding provisions of FINRA
Incorporated NYSE Rule 352(a)-(d). In particular, FINRA Incorporated
NYSE Rule 352(a), which prohibits members, member organizations and
their employees from guaranteeing or representing that it will
guarantee a customer against loss in any account or on any transaction,
is substantially the same as FINRA Rule 2150(b).\10\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 60701 (September
21, 2009), 74 FR 49425 (September 28, 2009).
---------------------------------------------------------------------------

    In addition, FINRA Incorporated NYSE Rule 352(b) and (c) prohibit
members, member organizations and their employees from sharing in
profits or losses in a customer's account or on any transaction except,
subject to written authorization by the member or member organization
(though not prior written customer authorization), in direct proportion
to the financial contributions made to the account.

FINRA Incorporated NYSE Rule 352(c) also permits sharing in customer
losses resulting from an erroneous transaction. FINRA Incorporated NYSE
Rule 352(d) permits sharing arrangements that comply with Rule 205 of
the Investment Advisers Act of 1940, as amended,\11\ though again,
there is no requirement for prior written customer authorization. These
provisions are all substantially similar to those of consolidated FINRA
Rule 2150(c) and the Supplementary Material.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 80b-1, et seq.
    \12\ See Securities Exchange Act Release No. 60701 (September
21, 2009), 74 FR 49425 (September 28, 2009).
---------------------------------------------------------------------------

    To harmonize the NYSE Rules with the approved FINRA Rules, the
Exchange correspondingly proposes to delete the provisions of NYSE Rule
352(a)-(d) and replace them with proposed NYSE Rule 2150, which is
substantially similar to the new FINRA Rule.\13\ As proposed, NYSE Rule
2150 adopts the same language as FINRA Rule 2150, except for
substituting for or adding to, as needed, the term ``member
organization'' for the term ``member'', and making corresponding
technical changes. In addition, in Supplementary Material .04 to
proposed Rule 2150, the Exchange substituted NYSE Rules 346, 407 and
407A for NASD Rules 3030, 3040 and 3050 cross-referenced in the FINRA
Rule, as these rules, which are analogous in purpose, have not yet been
harmonized by FINRA.
---------------------------------------------------------------------------

    \13\ NYSE Amex has submitted a companion rule filing amending
its rules in accordance with FINRA's rule changes. See SR-NYSE-Amex-
2009-88.
---------------------------------------------------------------------------

    Finally, in order to ensure that both proposed NYSE Rule 2150 and
FINRA Rule 2150 are fully harmonized, the Exchange also proposes to add
Supplementary Material .05 to NYSE Rule 2150 to provide that, for the
purposes of the rule, the term ``associated person of a member or
member organization'' shall have the same meaning as the terms ``person
associated with a member'' or ``associated person of a member'' as
defined in Article I (rr) of the FINRA By-Laws.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with Section 6(b) of the Act,\14\ in general, and further the
objectives of Section 6(b)(5) of the Act,\15\ in particular, in that
they are designed to prevent fraudulent and manipulative acts and
practices, 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 proposed rule changes also support the principles
of Section 11A(a)(1) \16\ of the Act in that they seek to ensure the
economically efficient execution of securities transactions and fair
competition among brokers and dealers and among exchange markets.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule changes support the
objectives of the Act by providing greater harmonization between NYSE
Rules and FINRA Rules of similar purpose, resulting in less burdensome
and more efficient regulatory compliance for Dual Members. To the
extent the Exchange has proposed changes that differ from the FINRA
version of the Rules, such changes are technical in nature and do not
change the substance of the proposed NYSE Rules.

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

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

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\
Because the foregoing proposed rule change does not: (i) Significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and public interest, it has become effective pursuant to
Section 19(b)(3)(A) of the Act \19\ and Rule 19b-4(f)(6)
thereunder.\20\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally does not
become operative prior to 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) \21\ 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 30-day operative delay set forth in Rule 19b-
4(f)(6)(iii) under the Act \22\ in order for the rule to become
operative upon filing. The Commission notes that the operative date of
FINRA 2150 becomes operative on December 14, 2009.\23\ The Commission
believes that the earlier operative date is consistent with the
protection of investors and the public interest because the proposed
rule change permits the Exchange to implement the rule without further
delay and will prevent any potential regulatory gaps between the FINRA
and NYSE Rules.\24\
---------------------------------------------------------------------------

    \21\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires that a self-regulatory organization submit to 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 Commission notes that NYSE has satisfied the five-
day pre-filing notice requirement.
    \22\ 17 CFR 240.19b-4(f)(6)(iii).
    \23\ See FINRA Regulatory Notice 09-60 (October 15, 2009).
    \24\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 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 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-2009-123 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2009-123. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of NYSE. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2009-123 and should be
submitted on or before January 11, 2010.

For the Commission, by the Division of Trading and Markets, pursuant
to delegated authority.\25\
Florence E. Harmon,
Deputy Secretary.
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. E9-30242 Filed 12-18-09; 8:45 am]

BILLING CODE 8011-01-P