[Federal Register: December 30, 2009 (Volume 74, Number 249)]
[Notices]
[Page 69173-69175]
[DOCID:fr30de09-132]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61231; File No. SR-FINRA-2009-092]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Extend the Date by Which Eligible Registrants
Must Complete a Firm-Element Continuing Education Program To Qualify To
Engage in a Security Futures Business

December 23, 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 18, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. The Commission is

publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is a proposing to amend NASD Rule 1022 (Categories of
Principal Registration) and NASD Rule 1032 (Categories of
Representative Registration) to extend to December 31, 2012 the date by
which eligible registrants must complete a firm-element continuing
education program to qualify to engage in a security futures business.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA, on the
Commission's Web site at http://www.sec.gov, and at the Commission's
Public Reference Room.

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

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

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

1. Purpose
    In 2003 [sic], FINRA modified the following registration categories
to include the activities of engaging in and supervising securities
futures: (1) Registered Options Principal (Series 4); (2) Limited
Principal--General Securities Sales Supervisor (Series 9/10); (3)
General Securities Representative (Series 7); and (4) Registered
Options Representative (Series 42).\3\ FINRA also required that persons
currently registered or becoming registered in these categories
complete a firm-element continuing education requirement addressing
security futures before they conducted any security futures business.
FINRA instituted this continuing education requirement to ensure that
registered personnel, who may not be familiar with risks, trading
characteristics, terms and nomenclature of these products, or the fact
that they are subject to the joint jurisdiction of the SEC and CFTC,
receive the necessary training.
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    \3\ See Securities Exchange Act Release No. 46663 (October 15,
2002), 67 FR 64944 (October 22, 2002) (Order Approving File No. SR-
NASD-2002-40).
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    FINRA initially considered replacing the firm-element continuing
education requirement with revised qualification examinations for these
categories that addressed security futures, however, such qualification
examinations have not been implemented. In 2006, FINRA amended NASD
Rule 1022 (Categories of Principal Registration) and Rule 1032
(Categories of Representative Registration) to extend the date by which
eligible registrants must complete the firm-element continuing
education requirement to engage in a security futures business from
December 31, 2006 to December 31, 2009.\4\ In view of the fact that
there are no revised qualification examinations addressing security
futures, FINRA intends to continue to require eligible registrants to
complete the mandated firm-element continuing education requirement
before engaging in any security futures business. The proposed rule
change amends NASD Rule 1022 (Categories of Principal Registration) and
NASD Rule 1032 (Categories of Representative Registration) to extend
the date by which eligible registrants must complete the firm-element
continuing education requirement to engage in a security futures
business from December 31, 2009 to December 31, 2012.\5\
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    \4\ See Securities Exchange Act Release No. 54617 (October 17,
2006), 71 FR 62498 (October 25, 2006) (Notice of Filing and
Immediate Effectiveness of File No. SR-NASD-2006-118).
    \5\ The Commission notes that FINRA has proposed to amend its
rule text to provide that, as of December 31, 2009, for eligible
registrants, the deadline for completing a firm-element continuing
education program in order to qualify to engage in security futures
activities is the earlier of December 31, 2012, or one business day
prior to the date a new examination that includes security futures
products is offered.
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    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date will be December 31, 2009.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\6\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. The proposed rule change is necessary to continue to
allow eligible registrants to complete a firm-element continuing
education program that will qualify them to engage in a security
futures business.
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    \6\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
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    The Exchange has requested that the Commission waive the 30-day
operative delay to permit the proposed rule change to become operative
on December 31, 2009. The Commission finds that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the waiver will keep in place the ability of
registered persons to qualify to sell security futures by completing a
firm-element continuing education program in lieu of an exam.
Therefore, the Commission designates the proposal operative on December
31, 2009.\9\
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    \9\ For purposes only of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and

arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2009-092 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2009-092. 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 FINRA. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-FINRA-2009-092 and should be
submitted on or before January 20, 2010.
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    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-30925 Filed 12-29-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: August 12, 2009 (Volume 74, Number 154)]
[Proposed Rules]
[Page 40535-40536]
[DOCID:fr12au09-23]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0318; Airspace Docket No. 09-AAL-8]

Proposed Revision of Class E Airspace; Noorvik, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to establish Class E airspace at the
Robert (Bob) Curtis Memorial Airport at Noorvik, AK. Two Standard
Instrument Approach Procedures (SIAPs) are being developed for the
Robert (Bob) Curtis Memorial Airport at Noorvik, AK. Additionally, one
textual Obstacle Departure Procedure (ODP) is being developed. Adoption
of this proposal would result in establishing Class E airspace upward
from 700 feet (ft.) above the surface at the Robert (Bob) Curtis
Memorial Airport at Noorvik, AK.

DATES: Comments must be received on or before September 28, 2009.

ADDRESSES: Send comments on the proposal to the Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2009-0318/Airspace Docket
No. 09-AAL-8, at the beginning of your comments. You may also submit
comments on the Internet at http://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 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527) is on the plaza level of the
Department of Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business
hours at the office of the Manager, Safety, Alaska Flight Service
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/
office_org/headquarters_offices/ato/service_units/systemops/fs/
alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

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-2009-0318/Airspace Docket No. 09-AAL-8.'' The postcard will be
date/time stamped and returned to the commenter.
    All communications received on or 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
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of Notice of Proposed Rulemakings (NPRMs)

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration, Office of
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW.,
Washington, DC 20591 or by calling<PHONE_NUMBER>. Communications must
identify both docket numbers for this notice. Persons interested in
being placed on a mailing list for future NPRMs should contact the
FAA's Office of Rulemaking,<PHONE_NUMBER>, to request a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.

The Proposal

    The FAA is considering an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71, which would establish Class E airspace at
the Robert (Bob) Curtis Memorial Airport, Noorvik, AK. The intended
effect of this proposal is to establish Class E airspace upward from
700 ft. above the surface to contain Instrument Flight Rules (IFR)
operations at the Robert (Bob) Curtis Memorial Airport, Noorvik, AK.
    The FAA Instrument Flight Procedures Production and Maintenance
Branch has created two new SIAPs for the Robert (Bob) Curtis Memorial
Airport and one textual ODP. The SIAPs are (1) the Area Navigation
(RNAV) Global Positioning System (GPS) Runway (RWY) 06, Original and
(2) the RNAV (GPS) RWY 24, Original. Textual ODPs are unnamed and are
published in the front of the U.S. Terminal Procedures for Alaska.
Class E controlled airspace extending upward from 700 ft. above the
surface in the Robert (Bob) Curtis Memorial Airport area would be
established by this action. The proposed airspace is sufficient in size
to contain aircraft executing the instrument procedures at the Robert
(Bob) Curtis Memorial Airport, Noorvik, AK.
    The Class E airspace areas designated as 700/1200 foot transition
areas are published in paragraph 6005 in FAA Order 7400.9S, Airspace
Designations and Reporting Points, signed October 3, 2008, and
effective October 31, 2008, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
would be subsequently published in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
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, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, 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 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it proposes to establish Class E airspace at Robert (Bob) Curtis
Memorial Airport, Noorvik, AK, and represents the FAA's continuing
effort to safely and efficiently use the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008, is to be amended as follows:
* * * * *

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

* * * * *

AAL AK E5 Noorvik, AK [New]

Robert (Bob) Curtis Memorial Airport, Noorvik, AK
(Lat. 66[deg]49'03'' N., long. 161[deg]01'20'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.3-mile radius of the Robert (Bob) Curtis Memorial
Airport, AK
* * * * *

    Issued in Anchorage, AK, on August 3, 2009.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
[FR Doc. E9-19250 Filed 8-11-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Notices]
[Pages 10256-10257]
[FR Doc No: 2016-04276]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0586]

Draft Food and Drug Administration Tribal Consultation Policy;
Availability; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of the draft FDA Tribal Consultation Policy. We are also
announcing the establishment of a docket to receive comments on the
draft FDA Tribal Consultation Policy. The purpose of the FDA Tribal
Consultation Policy, when finalized, is to establish clear policies to
further the government-to-government relationship between FDA and
American Indian and Alaskan Native Tribes (hereafter, Indian Tribes)
and facilitate tribal consultation with FDA. The draft FDA Tribal
Consultation Policy provides background on FDA's mission and
organizational structure and sets out principles and guidelines for the
tribal consultation process.

DATES: Comments must be received on or before May 31, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://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 http://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): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, 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-N-0586 for ``Draft FDA Tribal Consultation Policy;
Availability; Request for Comments.'' Received comments will be placed
in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at http://www.regulations.gov or at
the Division of Dockets Management 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 http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. 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 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: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://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 Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Brian Kehoe, Food and Drug
Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993, 301-
796-8913.

SUPPLEMENTARY INFORMATION:

I. Background

    Under Executive Order 13175 of November 6, 2000, executive
departments and Agencies are charged with engaging in regular and
meaningful consultation and collaboration with tribal officials in the
development of Federal policies that have tribal implications and are
responsible for strengthening the government-to-government relationship
between the United States and Indian tribes. The Department of Health
and Human Services (HHS) Tribal Consultation Policy, revised on
December 14, 2010, further clarifies that each HHS Operating and Staff
Division must have an accountable consultation process to ensure
meaningful and timely input by Tribal officials in the development of
policies that have Tribal implications. To date, FDA has followed the
HHS Tribal Consultation Policy (available at http://www.hhs.gov/about/agencies/iea/tribal-affairs/consultation/index.html). The draft FDA
Tribal Consultation Policy is based on the HHS Tribal Consultation
Policy and includes Agency-specific consultation guidelines that
complement the Department-wide efforts.
    The purpose of the draft FDA Tribal Consultation Policy, when
finalized, is to establish clear policies to further the government-to-
government relationship between FDA and Indian Tribes and facilitate
tribal consultation with FDA. The draft policy provides background on
FDA's mission and organizational structure and sets out principles and
guidelines for the tribal consultation process. FDA intends for its
Tribal Consultation Policy to serve as a platform for the Agency to
create consistent and meaningful tribal consultation across FDA Centers
and Offices.
    FDA is announcing the establishment of a docket to receive comments
on the draft FDA Tribal Consultation Policy. We invite tribal
officials, tribal organizations, individual tribal members and other
interested persons to comment on the draft FDA Tribal Consultation
Policy. We are interested in any general comments or concerns that
would help us improve our policy as well as suggestions on how can we
improve our communication and outreach with Indian Tribes. FDA also
intends to consult with Indian Tribal officials on the draft FDA Tribal
Consultation Policy and summaries of these consultations will be placed
in the docket.

II. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/ForFederalStateandLocalOfficials/TribalAffairs/default.htm or http://www.regulations.gov. Use the FDA
Web site listed in the previous sentence to find the most current
version of the document.

    Dated: February 23, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-04276 Filed 2-26-16; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: March 10, 2010 (Volume 75, Number 46)]
[Proposed Rules]
[Page 11075-11077]
[DOCID:fr10mr10-13]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 234

[Docket No. DOT-OST-2010-0039]
RIN No. 2105-AE00

Enhancing Airline Passenger Protections: Response to Requests To
Extend Compliance Date

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Transportation is proposing to extend by 45
days, or until June 14, 2010, the compliance date of the provision in
its final rule entitled ``Enhancing Airline Passenger Protections,''
published December 30, 2009, and effective April 29, 2010, that
requires airlines to publish flight delay information on their Web
sites. This proposal is in response to the petition of the Air
Transport Association of America (ATA), the Regional Airline
Association (RAA) and the Air Carrier Association of America (ACAA) for
an additional 90 days time for airlines to comply with the requirement
to display flight delay data on Web sites in view of the extensive
changes to carriers' reporting systems that are necessitated by the
rule and their contention that completion of these tasks is not
possible by April 29, 2010, the current effective date of the
requirement. The Department acknowledges that additional time to comply
with the posting of flight delay information on the carriers' Web sites
may be warranted to ensure the posting of complete and accurate
information but is not persuaded that the full 90 days requested by the
carrier associations is needed. Therefore, this NPRM proposes to extend
the compliance date for the provision in question for an additional 45
days, from April 29, 2010, to June 14, 2010.

DATES: Comments on amending the final rule published December 30, 2009,
at 74 FR 68983, effective April 29, 2010, should be filed by March 25,
2010.

ADDRESSES: You may file comments identified by the docket number DOT-
OST-2010-0039 by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the online instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave., SE., Room W12-140, Washington, DC
20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave., SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: You must include the agency name and docket number
DOT-OST-2010-0039 or the Regulatory Identification Number (RIN) for the
rulemaking at the beginning of your comment. All comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments

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

FOR FURTHER INFORMATION CONTACT: Blane A. Workie, Office of the
Assistant General Counsel for Aviation Enforcement and Proceedings,
U.S. Department of Transportation, 1200 New Jersey Ave., SE.,
Washington, DC 20590,<PHONE_NUMBER> (phone),<PHONE_NUMBER> (fax),
<EMAIL_ADDRESS>(e-mail).

SUPPLEMENTARY INFORMATION: On December 30, 2009, the Department of
Transportation published a final rule in the Federal Register (74 FR
68983), titled the ``Enhancing Airline Passenger Protections'' final
rule that, among other things, requires certificated air carriers that
account for at least 1 percent of domestic scheduled passenger revenues
(reporting carriers) to provide certain flight delay data on their
websites. Under the rule, a reporting carrier must display on its Web
site flight delay information for each flight it operates and for each
flight its U.S. code-share partners operate for which schedule
information is available. More specifically, the rule requires that
reporting carriers provide on their websites the following on-time
performance information: (1) Percentage of arrivals that were on time--
i.e., within 15 minutes of scheduled arrival time; (2) the percentage
of arrivals that were more than 30 minutes late (including special
highlighting if the flight was late more than 50 percent of the time);
and (3) the percentage of flight cancellations if 5 percent or more of
the flight's operations were canceled in the month covered. As
published, the effective date of the rule is April 29, 2010.
    The Air Transport Association of America (ATA), the Regional
Airline Association (RAA) and the Air Carrier Association of America
(ACAA) have requested that the Department of Transportation extend the
compliance time for publishing flight delay information on airlines'
websites by 90 days. The carrier associations state that the compliance
date of April 29, 2010, is unworkable because of the extensive changes
to carrier reporting systems and internet displays needed to comply
with the rule. ATA asserts that, on average, each carrier will need to
expend 1550 hours to comply with the new disclosure requirements. ATA
explains that this work involves a number of company disciplines and
that each area of work must be completed in succession. For example,
according to ATA, the work to ensure compliance with the flight time
disclosure requirements in the rule must be completed in a particular
order: Each carrier must first design changes based on its current data
capabilities, which on average will take approximately 415 hours; once
the design is completed, programming changes, which on average will
take approximately 560 hours, will need to be done; the testing period
once programming is completed will then take on average approximately
445 hours; and finally the deployment process, once testing is
completed, will take on average approximately 130 hours. ATA points out
that, during the past month, while some work has began, carriers have
spent the majority of the time determining the new regulatory
requirements including seeking clarification on aspects of the rule and
identifying the system changes that are needed in order to begin the
first phase of system design. ATA also calls attention to the fact that
delays at one carrier will impact the compliance schedule of all of its
domestic code-share partners because the rule requires reporting
carriers to post flight delay information not only for each flight it
operates but also for each flight its U.S. code-share partners operate
for which schedule information is available. Some of the code-share
partners of the reporting carriers, it is noted, do not report on-time
performance data to the Department. This will likely necessitate the
reporting carriers collecting the on-time performance data for these
carriers through third party entities. In addition, ATA notes that a
number of U.S. carriers are discussing the possibility of creating and
implementing an International Air Transport Association (IATA) standard
for displaying code-share information to be shared among carriers, but
that such standardization is likely to require a minimum 60-day
approval process once the data standards are defined. For these
reasons, ATA asserts that carriers need additional time to fulfill the
Department's goal of providing accurate flight delay information for
the public. Interested parties can read the carrier associations'
requests to extend the compliance date in their entirety at DOT-OST-
2010-0039.
    The Department tentatively agrees that some extension of time in
the compliance date for publishing flight delay data on airlines' Web
sites may be warranted, but does not believe that a 90-day extension is
justified. Instead, the Department is proposing to revise 14 CFR 234.11
to extend the compliance date of sections 234.11(b) and (c) by an
additional 45 days until June 14, 2010. We believe this revised
compliance date will provide the airlines adequate time to comply with
the requirement to provide certain flight delay data on their Web
sites. We emphasize that this proposed extension of time is limited to
that portion of our ``Enhancing Airline Passenger Protections'' rule
described above dealing with publication on carrier websites of flight
delay data. It does not affect any other provision in the ``Enhancing
Airline Passenger Protections'' rule, including the provision requiring
U.S. carriers to allow passengers on domestic flights to deplane after
three hours on the tarmac subject to exceptions for safety, security or
ATC considerations, and the compliance date for those provisions
remains April 29, 2009. In proposing the June 14, 2010, compliance date
for the requirements pertaining to publishing delay data on carriers'
websites, the Department is balancing the benefit of having accurate
and complete flight delay data available to consumers with the
capability of airlines to comply with the additional requirements being
imposed upon them in a reasonable timeframe. We are specifically
inviting comment on the issue of the proposed change in the compliance
date. Is a 45-day extension too long or too short? We are not convinced
at this juncture that a 90-day extension is necessary and invite
carriers to provide evidence to the contrary in their comments on this
proposal.
    The Department is providing a very limited comment period on this
proposal because the issue on which comment is sought is limited to a
change in the compliance date of only a small portion of the
``Enhancing Airline Passenger Protections'' final rule. Additionally,
the final rule has an effective date of April 29, 2010, less than two
months from today. We believe that, under these circumstances, fifteen
days will provide the public with meaningful participation in the
regulatory process and enable the Department to review the comments
submitted and issue a final rule on this matter sufficiently before
April 29, 2010, to permit the air carriers to

efficiently complete the tasks necessitated by the rule.

Regulatory Analyses and Notices

A. Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures

    This rulemaking action is not a significant regulatory action under
Executive Order 12866 and the Department of Transportation's Regulatory
Policies and Procedures. Accordingly, this rule has not been reviewed
by the Office of Management and Budget (OMB).

B. Regulatory Flexibility Act

    Pursuant to section 605 of the Regulatory Flexibility Act (RFA), 5
U.S.C. 605(b), as amended by the Small Business Regulatory Enforcement
and Fairness Act of 1996 (SBREFA), DOT certifies that this rulemaking
will not have a significant impact on a substantial number of small
entities. The NPRM would impose no duties or obligations on small
entities.

C. Executive Order 13132 (Federalism)

    This action will not have a substantial direct effect on the
States, on the relationship between the national Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and therefore will not have federalism
implications.

D. Executive Order 13084

    This notice has been analyzed in accordance with the principles and
criteria contained in Executive Order 13084 (``Consultation and
Coordination with Indian Tribal Governments''). Because the provision
on which we are seeking comment would not significantly or uniquely
affect the communities of the Indian tribal governments or impose
substantial direct compliance costs on them, the funding and
consultation requirements of Executive Order 13084 do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.)
requires that DOT consider the impact of paperwork and other
information collection burdens imposed on the public and, under the
provisions of PRA section 3507(d), obtain approval from the Office of
Management and Budget (OMB) for each collection of information it
conducts, sponsors, or requires through regulations. DOT has determined
that there are no new information collection requirements associated
with this NPRM. The NPRM merely proposes to provide an additional 45
days to comply with a regulatory provision whose paperwork impact has
already been analyzed by the Department.

F. Unfunded Mandates Reform Act

    The Department has determined that the requirements of Title II of
the Unfunded Mandates Reform Act of 1995 do not apply to this
rulemaking.

    Issued this 5th day of March 2009, in Washington, DC.
Ray LaHood,
Secretary of Transportation.

List of Subjects in 14 CFR Part 234

    Air carriers, Consumer protection, Reporting and recordkeeping
requirements.

    For the reasons set forth in the preamble, the Department proposes
to amend the final rule published December 30, 2009, at 74 FR 68983,
effective April 29, 2010, amending Title 14, Chapter II, Subchapter A,
part 234, as follows:

PART 234--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS

    1. The authority citation for Part 234 continues to read as
follows:

    Authority:  49 U.S.C. 329 and chapters 401 and 417.

    2. In the final rule published December 30, 2009, at 74 FR 68983,
effective April 29, 2010, Sec.  234.11 is amended by adding paragraph
(d) to read as follows:

Sec.  234.11  Disclosure to consumers.

* * * * *
    (d) A reporting carrier must meet the requirements of paragraphs
(b) and (c) of this section by June 14, 2010.

[FR Doc. 2010-5244 Filed 3-9-10; 8:45 am]
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[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Notices]
[Page 30349]
[FR Doc No: 2012-12482]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Alderox, Inc., Applied Solar, Inc., Artes Medical, Inc.,
AskMeNow, Inc., Blink Logic Inc., and Convergence Ethanol, Inc.; Order
of Suspension of Trading

May 18, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Alderox, Inc. because it has not filed any periodic reports since the
period ended March 31, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Applied Solar, Inc. because it has not filed any periodic reports since
the period ended February 28, 2009.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Artes Medical, Inc. because it has not filed any periodic reports since
the period ended September 30, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
AskMeNow, Inc. because it has not filed any periodic reports since the
period ended March 31, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Blink Logic Inc. because it has not filed any periodic reports since
the period ended June 30, 2009.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Convergence Ethanol, Inc. because it has not filed any periodic reports
since the period ended June 30, 2007.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EDT on May 18, 2012, through 11:59 p.m.
EDT on June 1, 2012.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2012-12482 Filed 5-18-12; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Notices]
[Pages 39535-39537]
[FR Doc No: 2012-16221]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67283; File No. SR-NYSEArca-2012-64]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change To List and Trade Option Contracts Overlying 10
Shares of a Security

June 27, 2012.
    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 June 15, 2012, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
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 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\ 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 list and trade option contracts overlying
10 shares of a security (``mini-options contracts''). The text of the
proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose

    The Exchange is proposing to list and trade mini-options contracts
and implement rule text necessary to integrate mini-options contracts
with contracts overlying 100 shares (``standard contracts''). Whereas
standard contracts represent a deliverable of 100 shares of an
underlying security, mini-options contracts would represent a
deliverable of 10 shares. The Exchange proposes to initially list and
trade mini-options contracts overlying 5 high priced securities for
which the standard contract overlying the same security exhibits
significant liquidity.\3\ The Exchange believes that investors would
benefit from the availability of mini-options contracts by making
options overlying high priced securities more readily available as an
investing tool and at more affordable and realistic prices, most
notably for the average retail investor.
---------------------------------------------------------------------------

    \3\ The Exchange proposes that mini-options contracts would be
listed in only five issues, specifically SPDR S&P 500 (SPY), Apple,
Inc. (AAPL), SPDR Gold Trust (GLD), Google Inc. (GOOG), and
Amazon.com Inc. (AMZN). These issues were selected because they are
priced greater than $100 and are among the most actively traded
issues, in that the standard contract exhibits average daily volume
(``ADV'') over the previous three calendar months of at least 45,000
contracts, excluding LEAPS and FLEX series. The Exchange notes that
any expansion of the program would require that a subsequent
proposed rule change be submitted with the Commission.
---------------------------------------------------------------------------

    For example, with Apple Inc. (``AAPL'') trading at $605.85 on March
21, 2012, ($60,585 for 100 shares underlying a standard contract), the
605 level call expiring on March 23 is trading at $7.65. The cost of
the standard contract overlying 100 shares would be $765, which is
substantially higher in notional terms than the average equity option
price of $250.89.\4\ Proportionately equivalent mini-options contracts
on AAPL would provide investors with the ability to manage and hedge
their portfolio risk on their underlying investment, at a price of
$76.50 per contract. In addition, investors who hold a position in AAPL
at less than the round lot size would still be able to avail themselves
of options to manage their portfolio risk. For example, the holder of
50 shares of AAPL could write covered calls for five mini-options
contracts. The table below demonstrates the proposed differences
between a mini-options contracts [sic] and a standard contract with a
strike price of $125 per share and a bid or offer of $3.20 per share:
---------------------------------------------------------------------------

    \4\ A high priced underlying security may have relatively
expensive options, because a low percentage move in the share price
may mean a large movement in the options in terms of absolute
dollars. Average non-FLEX equity option premium per contract January
1-December 31, 2011. See http://www.theocc.com/webapps/monthly-volume-reports?reportClass=equity.

------------------------------------------------------------------------
                                    Standard                Mini
------------------------------------------------------------------------
Share Deliverable Upon        100 shares..........  10 shares.
 Exercise.
Strike Price................  125.................  125.
Bid/Offer...................  3.20................  3.20.
Premium Multiplier..........  $100................  $10.
    Total Value of            $12,500.............  $1,250.
     Deliverable.
    Total Value of Contract.  $320................  $32.
------------------------------------------------------------------------

    The Exchange notes that the Commission has approved an earlier
proposal of NYSE Arca to list and trade option contracts overlying a
number of shares other than 100.\5\ Moreover, the concept of listing
and trading parallel options products of reduced values and sizes on
the same underlying security is not novel. For example, parallel
product pairs on a full-value and reduced-value basis are currently
listed on the S&P 500 Index (``SPX'' and ``XSP,'' respectively),

the Nasdaq 100 Index (``NDX'' and ``MNX,'' respectively) and the
Russell 2000 Index (``RUT'' and ``RMN,'' respectively).
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 44025 (February 28,
2001), 66 FR 13986 (March 8, 2001) (approving SR-PCX-01-12).
---------------------------------------------------------------------------

    The Exchange believes that the proposal to list and trade mini-
options contracts will not lead to investor confusion. There are two
important distinctions between mini options and standard options that
are designed to ease the likelihood of any investor confusion. First,
the premium multiplier for the proposed mini options will be 10, rather
than 100, to reflect the smaller unit of trading. To reflect this
change, the Exchange proposes to add Rule 6.71(c) which notes that bids
and offers for an option contract overlying 10 shares will be expressed
in terms of dollars per 1/10th part of the total value of the contract.
Thus, an offer of ``.50'' shall represent an offer $5.00 on an options
contract having a unit of trading consisting of 10 shares.
Additionally, the Exchange will designate mini-options contracts with
different trading symbols than their related standard contract.\6\ The
Exchange believes that the clarity of this approach is appropriate and
transparent, as supported by the recent Options Clearing Corporation
(``OCC'') filing to amend its bylaws to accommodate such strike prices
and premiums.\7\ Moreover, the Exchange believes that the terms of
mini-options contracts are consistent with the terms of the Options
Disclosure Document.
---------------------------------------------------------------------------

    \6\ OCC Symbology is structured for contracts with other than
100 shares to be designated with a numerical suffix to the standard
trading symbol, i.e., AAPL8.
    \7\ See Securities Exchange Act Release No. 61485 (February 3,
2010), 75 FR 6750 (February 10, 2010) (SR-OCC-2010-01).
---------------------------------------------------------------------------

    The Exchange recognizes the need to differentiate mini-options
contracts from standard options and therefore is proposing the
following changes to its rules.
    The Exchange proposes to add Commentary .01 to Rule 6.3 (Option
Contracts to Be Traded) to reflect that, in addition to option
contracts with a unit of trading of 100, the Exchange may list option
contracts overlying 10 shares of SPDR S&P 500 (SPY), Apple, Inc.
(AAPL), SPDR Gold Trust (GLD), Google Inc. (GOOG), and Amazon.com Inc.
(AMZN) for all expirations applicable to 100 share options in each
class. The Exchange believes that these five securities are appropriate
because they are high priced securities for which there is already
significant options liquidity and therefore significant customer
demand.
    The Exchange also proposes to add Commentary .14 to Rule 6.4
(Series of Options Open for Trading) to list series of mini-options
provided that the underlying security has been designated as eligible
under Rule 6.3 Commentary .01. Also, the Exchange proposes to not
permit the listing of additional mini-options series if the underlying
is trading at $90 or less to limit the number of strikes once the
underlying is no longer a high priced security. The Exchange proposes a
$90.01 minimum for continued qualification so that additional mini-
options strikes may be added even though the underlying has fallen
slightly below the initial qualification standard. In addition, the
underlying security must be trading above $90 for five consecutive days
before the listing of mini-option contracts in a new expiration month.
This restriction will allow the Exchange to list mini-option strikes
without disruption when a new expiration month is added even if the
underlying has had a minor decline in price.
    The Exchange also proposes to add Commentary .08 to Rule 6.8
(Position Limits) to reflect that, for purposes of compliance with the
Position Limits of Rules [sic] 6.8, ten mini-options contracts will
equal one standard contract overlying 100 shares.
    The Exchange also proposes to add subsection (c) to Rule 6.71
(Meaning of Premium Bids and Offers) to extend the explanation of bids
and offers with respect to mini-options contracts and also remove
references to Exchange-Traded Fund Shares, because other types of
underlying securities have options traded on them.
    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the
Options Price Reporting Authority have the necessary systems capacity
to handle the potential additional traffic associated with the listing
and trading of mini-options contracts. The Exchange has further
discussed the proposed listing and trading of mini-options contracts
with the OCC, which has represented that it is able to accommodate the
proposal.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) \8\ of the Securities Exchange Act of 1934 (the ``Act''),
in general, and furthers the objectives of Section 6(b)(5),\9\ in
particular, because it is designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system and, in general, to protect
investors and the public interest. Specifically, the Exchange believes
that investors would benefit from the availability of mini-options
contracts by making options on high priced securities more readily
available as an investing tool and at more affordable and realistic
prices, most notably for the average retail investor. As described
above, the proposal contains a number of features designed to protect
investors by reducing investor confusion, such as the mini-options
contracts being designated by different trading symbols from their
related standard contracts.\10\ Moreover, the proposal is designed to
protect investors and the public interest by providing investors with
an enhanced tool to reduce risk in high priced securities. In
particular, the proposed contracts will provide retail customers who
invest in high priced issues in lots of less than 100 shares with a
means of protecting their investments that is presently only available
to those who have positions of 100 shares or more. Further, the
proposal currently is limited to five high priced securities for which
there is already significant options liquidity, and therefore
significant customer demand and trading volume.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ See supra note 6.
---------------------------------------------------------------------------

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

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

    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2012-64 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-NYSEArca-2012-64. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2012-64 and should
be submitted on or before July 24, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Kevin M. O'Neill,
Deputy Secretary.
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    \11\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2012-16221 Filed 7-2-12; 8:45 am]
BILLING CODE 8011-01-P