[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Proposed Rules]
[Pages 67408-67409]
[FR Doc No: 2014-26573]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 141

[EPA-HQ-OW-2012-0155; FRL-9918-96-OW]

Notice of Public Meeting and Webinar: Preliminary Regulatory
Determinations for the Third Contaminant Candidate List

AGENCY: Environmental Protection Agency.

ACTION: Notice of public meeting on potential rulemaking.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing a
public meeting and webinar to discuss the agency's preliminary
determinations on whether or not to develop drinking water regulations
for five unregulated contaminants listed on the third Contaminant
Candidate List (CCL3). The EPA published and requested public

comment on its preliminary regulatory determinations of these five
contaminants in the Federal Register (FR) on October 20, 2014. In that
FR document, the agency announced its preliminary determinations to
regulate one contaminant (i.e., strontium) and to not regulate four
contaminants (i.e., 1,3-dinitrobenzene, dimethoate, terbufos and
terbufos sulfone). On December 9, 2014, EPA will hold a public meeting
and webinar to present and solicit public input on the process to
identify, and the information used to evaluate, contaminants for the
third Regulatory Determination effort; and the preliminary regulatory
determinations for the aforementioned five unregulated contaminants
listed on CCL3, including the supporting rationale for these
determinations.

DATES: The public meeting and webinar will be held on Tuesday, December
9, 2014, from 1 p.m. to 5 p.m., eastern time. Persons wishing to attend
the meeting in person or online via webinar must register by December
2, 2014, as described in the SUPPLEMENTARY INFORMATION section.

ADDRESSES: The public meeting will be held at The Cadmus Group, Inc.,
third floor conference room, located at 1555 Wilson Blvd., Suite 300,
Arlington, VA 22209. All attendees must show government-issued photo
identification (e.g., a driver's license) when signing in. This meeting
will also be simultaneously broadcast as a webinar, available on the
Internet.

FOR FURTHER INFORMATION CONTACT: Members of the public who wish to
receive further information about the meeting and webinar or have
questions about this notice should contact Ali Arvanaghi, Standards and
Risk Management Division, Office of Ground Water and Drinking Water,
Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Mail
Code 4607M, Washington, DC 20460; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. How may I participate in this meeting?

    Persons wishing to attend the meeting in person or online via the
webinar must register in advance no later than 5 p.m., eastern time on
December 2, 2014, by sending an email to<EMAIL_ADDRESS>
Those who wish to attend should indicate in the email whether they
intend to attend in person or via the webinar. The number of seats and
webinar connections available for the meeting is limited and will be
available on a first-come, first-served basis. The agenda for the
public meeting and webinar will include time for public involvement and
will allow for questions and answers or comments about the agency's
third Regulatory Determination process and its preliminary regulatory
determinations. If individuals or organizations are interested in
making a more in-depth statement or presenting information, that
interest should be mentioned when registering for the meeting. All
statements or presentation materials should be emailed to
<EMAIL_ADDRESS>by December 2, 2014, so that the information
can be incorporated into the webinar. We ask that only one person
present the statement on behalf of a group or organization, and that
the statement be limited to five minutes. Any additional comments,
statements or information from attendees will be taken if time permits
during the meeting or can be sent to<EMAIL_ADDRESS>after
the meeting, but before the close of the public comment period for the
October 20, 2014, FR notice (79 FR 62716). It is important to remember
that formal comments about the EPA's Preliminary Regulatory
Determinations for Contaminants on the Third Drinking Water Contaminant
Candidate List should be submitted to the docket (EPA-HQ-OW-2012-0155),
as instructed in the October 20, 2014, FR notice, before the close of
the public comment period on December 19, 2014.

B. How can I get a copy of the meeting and webinar materials?

    The 508-compliant meeting materials will be sent by email to the
registered attendees prior to the meeting. Information about
registration and participation in the public meeting and webinar can be
found on the EPA's Contaminant Candidate List 3 Web site: http://water.epa.gov/scitech/drinkingwater/dws/ccl/ccl3.cfm.

II. Background

    The 1996 Safe Drinking Water Act Amendments require EPA to
determine whether to regulate at least five unregulated contaminants
from the current Contaminant Candidate List (CCL) with national primary
drinking water regulations every five years. The process of making
decisions about whether to regulate any of the CCL unregulated
contaminants is called Regulatory Determination. On October 8, 2009 (74
FR 51850), EPA published the CCL3 containing 116 unregulated
contaminants. On October 20, 2014 (79 FR 62716), EPA announced and
solicited public comment on its preliminary determinations to regulate
one contaminant (i.e., strontium) and to not regulate four contaminants
(i.e., 1,3-dinitrobenzene, dimethoate, terbufos and terbufos sulfone).
The public comment period for the October 20, 2014, FR announcement,
Preliminary Regulatory Determinations for Contaminants on the Third
Drinking Water Contaminant Candidate List, closes on December 19, 2014.
After considering public comments and any additional information, EPA
expects to publish the final, third Regulatory Determination in late
2015.

    Dated: October 31, 2014.
Peter Grevatt,
Director, Office of Ground Water and Drinking Water.
[FR Doc. 2014-26573 Filed 11-12-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Notices]
[Page 83417]
[FR Doc No: 2023-26250]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-2707]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; State Petitions for
Exemption From Preemption

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the
collection of information by December 29, 2023.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0277. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Rachel Showalter, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

State Petitions for Exemption From Preemption

OMB Control Number 0910-0277--Extension

    This information collection supports FDA regulations. Under section
403A(b) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21
U.S.C. 343-1(b)), States may petition FDA for exemption from Federal
preemption of State food labeling and standard-of-identity
requirements. Section 100.1(c) (21 CFR 100.1(c)) provides prerequisites
a petition must satisfy for an exemption from preemption. Section
100.1(d) sets forth the information a State is required to submit in
such a petition. The petition must be submitted to the Dockets
Management Staff. The information required under Sec.  100.1 enables
FDA to determine whether the State food labeling or standard-of-
identity requirement satisfies the criteria of section 403A(b) of the
FD&C Act for granting exemption from Federal preemption.
    In the Federal Register of July 31, 2023 (88 FR 49469), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. Although one comment was received, it was
not responsive to the four information collection topics solicited.
    Description of Respondents: The respondents to this collection of
information are State and local governments who regulate food labeling
and standards-of-identity.
    We estimate the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                      21 CFR section; activity                          Number of      responses per     Total annual   Average  burden    Total hours
                                                                       respondents       respondent       responses      per  response
--------------------------------------------------------------------------------------------------------------------------------------------------------
100.1; petition for exemption from preemption......................               1                1                1               40               40
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The reporting burden for Sec.  100.1 is minimal because petitions
for exemption from preemption are seldom submitted by States. In the
next 3 years, we estimate that one or fewer petitions will be submitted
annually.
    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate.

    Dated: November 24, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-26250 Filed 11-28-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 75 (Thursday, April 20, 2017)]
[Proposed Rules]
[Pages 18590-18593]
[FR Doc No: 2017-07748]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0250; Directorate Identifier 2016-NM-158-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(Embraer)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, -
135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes. This proposed AD was prompted by a report of
airplanes with modified gust lock levers that prevented the thrust
lever's full excursion, thus limiting the engine power. This proposed
AD would require replacing a certain gust lock lever. We are proposing
this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 5, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Empresa
Brasileira de Aeronautica S.A. (Embraer), Technical Publications
Section (PC

060), Av. Brigadeiro Faria Lima, 2170-Putim-12227-901 S[atilde]o Jose
dos Campos-SP--Brasil; telephone +55 12 3927-5852 or +55 12 3309-0732;
fax +55 12 3927-7546; email<EMAIL_ADDRESS>Internet http://www.flyembraer.com. You may view this referenced service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0250; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2017-0250;
Directorate Identifier 2016-NM-158-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2016-07-01, dated July 18, 2016 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Empresa
Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, -135KE, -
135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes. The MCAI states:

    ANAC was informed about occurrences in which airplanes that
incorporated SB 145-27-0115, which changes the Gust Lock lever
format, managed to takeoff, or performed [rejected take-offs] RTOs,
in such a configuration that the Gust Lock lever prevented the
thrust levers full excursion, thus limiting the engine power to
about 70% of the nominal takeoff power. Analyses and simulations
conducted by the manufacturer confirmed this as a possible scenario
in case some verification procedures prior to and during takeoff,
for whatever reason, are not properly performed. After evaluation,
the conclusion was that the incorporation of SB 145-27-0115 would
take away an important tactile cue regarding the thrust levers
position, which, in a timely manner, would alert the crew of an
improper takeoff configuration. During takeoffs, or attempts
thereof, in such condition, the airplane would have a reduced
performance, which would increase the required takeoff distance or
the RTO distance, and reduce the airplane capacity to clear
obstacles.
    Since this condition may occur in other airplanes of the same
type and affects flight safety, a corrective action is required.
Thus, sufficient reason exists to request compliance with this
[Brazilian] AD in the indicated time limit.

    Required actions include replacing a certain gust lock lever. You
may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0250.

Related Service Information Under 1 CFR Part 51

    We reviewed Embraer Service Bulletin 145-27-0126, dated October 6,
2015. The service information describes procedures for replacement of a
certain gust lock lever for one with an alternative format.
    We have also reviewed Embraer Service Bulletin 145-27-0115,
Revision 03, dated October 5, 2015. This service information describes
procedures for modifying involving replacement of the gust lock lever
with a new gust lock lever enabling both engine thrust levers to be
advanced at the same angle as that of the electromechanical gust lock
lever.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 668 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
           Action                        Labor cost               Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection..................  1 work-hour x $85 per hour =                 $0              $85          $56,780
                               $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
this replacement:

                           On-Condition Costs
------------------------------------------------------------------------
                                                             Cost per
     Action            Labor cost          Parts cost        product
------------------------------------------------------------------------
Replacement.....  1 work-hour x $85             $6,315           $6,400
                   per hour = $85.
------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Empresa Brasileira de Aeronautica S.A. (Embraer): Docket No. FAA-
2017-0250; Directorate Identifier 2016-NM-158-AD.

(a) Comments Due Date

    We must receive comments by June 5, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Empresa Brasileira de Aeronautica S.A.
(Embraer) Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes, certificated in
any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by a report of airplanes with modified gust
lock levers that performed take-offs or rejected take-offs (RTOs),
in such a configuration that the gust lock lever prevented the
thrust lever's full excursion, thus limiting the engine power to
about 70% of the nominal take-off power. We are issuing this AD to
prevent incorrect configuration of the gust lock lever, which could
reduce the airplane's performance during take-offs or attempted
take-offs, increase the required take-off distance or the RTO
distance, and reduce the airplane's capacity to clear obstacles.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection

    Within 5,000 flight hours or 24 months after the effective date
of this AD, whichever occurs first: Check the airplane maintenance
records to determine whether the actions specified in Embraer
Service Bulletin 145-27-0115 have been done. If the records review
is inconclusive, inspect the engine control box assembly against the
Accomplishment Instructions of Embraer Service Bulletin 145-27-0115,
Revision 03, dated October 5, 2015, to determine whether the actions
specified in Embraer Service Bulletin 145-27-0115 have been done.

(h) Corrective Action

    If the check or inspection required by paragraph (g) of this AD
indicates that the actions in Embraer Service Bulletin 145-27-0115
have been done: Within 5,000 flight hours or 24 months after the
effective date of this AD, whichever occurs first, replace the gust
lock lever, in accordance with the Accomplishment Instructions of
Embraer Service Bulletin 145-27-0126, dated October 6, 2015.

(i) Acceptable Alternative

    Reversion of the airplane to a pre-modification condition
(configuration before incorporating Embraer Service Bulletin 145-27-
0115), within the compliance times specified in paragraph (h) of
this AD, in accordance with a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC);
or ANAC's authorized Designee, is acceptable for compliance with
paragraph (h) of this AD.

(j) Prohibited Modification

    As of the effective date of this AD, do not accomplish the
actions specified in Embraer Service Bulletin 145-27-0115 on any
airplane.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or ANAC; or
ANAC's authorized Designee. If approved by the ANAC Designee, the

approval must include the Designee's authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Brazilian Airworthiness Directive 2016-07-01, dated July 18,
2016, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0250.
    (2) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (Embraer), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-
Putim-12227-901 S[atilde]o Jose dos Campos-SP--Brasil; telephone +55
12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email
<EMAIL_ADDRESS>Internet http://www.flyembraer.com. You may
view this service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on April 11, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-07748 Filed 4-19-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Notices]
[Pages 11184-11186]
[FR Doc No: 2012-4280]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66414; File No. SR-BX-2012-009]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to BX Rule
7021

February 16, 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 February 8, 2012, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. 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 [sic] a rule change to BX Rule 7021 to
make available at no cost and on a voluntary basis certain market data
about market participants' own trading on BX.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxbx.cchwallstreet.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 Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The self-regulatory organization has prepared summaries,
set forth in Sections A, B and C below, of the most significant aspects
of such statements.

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

1. Purpose
    BX is proposing to make available to members the Trading and
Compliance Data Package under BX Rule 7021 (``Data Package''). The Data
Package allows member firms to obtain via NasdaqTrader.com information
regarding their own historical quoting and trading activity on BX. The
Data Package will provide BX Participants with historical data reports
containing trade reporting information about the Participant's own
trades in BX, for delivery on an end-of-day or T+1 basis. The Exchange
may modify the contents of the BX Trading and Compliance Data Package
from time to time based on subscriber interest.
    The Data Package also provides member firms with information
concerning their compliance with BX and FINRA rules. In this regard,
member firms that subscribe to the Data Package can obtain the
following reports: (1)

Monthly Compliance Report Cards, which outline firm's own compliance
with various FINRA rules; (2) Monthly Summaries, which provide monthly
trading volume statistics for the top 50 market participants broken
down by industry sector, security or type of trading; and (3)
Historical Research Reports, which provide a variety of historical
trading data such as a market maker's quote updates, order activity,
and detailed trade reporting information.
    Use of this service is voluntary and member firms have the option
of subscribing or not as they choose. Users will have the option to
request and download these reports as a standalone product, and
subscribers to the existing NASDAQ Exchange Trading and Compliance Data
package who are BX Participants will also have the option to request BX
reports through their existing service. In either case, the Exchange
will not charge a fee for the BX version at this time.
2. Statutory Basis
    NASDAQ [sic] believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\3\ in general, and Section
6(b)(4) and 6(b)(5) of the Act.\4\ The proposed rule change is
consistent with Section 6(b)(4) because it provides for the equitable
allocation of reasonable dues, fees and other charges among members and
issuers and other persons using any facility or system that BX operates
or controls, and it does not unfairly discriminate between customers,
issuers, brokers or dealers.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f.
    \4\ 15 U.S.C. 78f(b)(4) and (b)(5).
---------------------------------------------------------------------------

    BX believes it is fair and reasonable to offer the Data Package
service at no cost and on a voluntary basis to users. The product is
designed to enhance members' ability to provide liquidity and to trade
on BX by making market data available quickly and in a useful format.
In the event BX decides at a later date to assess a fee for the Data
Package, BX will file a proposed rule change in accordance with the
Act. Additionally, the proposal is not unreasonably discriminatory in
that the Data Package will be offered at no charge to all members
equally.
    Additionally, the proposed rule change is consistent with Section
6(b)(5) of the Act which requires that exchange rules be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. As described above, the Data
Package is designed to enhance the quality of trading on BX by
providing members with tools to assess their trading results.
Additionally, the Data Package enables members to assess their trading
practices from a regulatory and compliance perspective.

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

    The Exchange 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, as amended. To
the contrary, the proposed rule change is pro-competitive in that it
will allow the Exchange to disseminate a new product on a voluntary
basis. The Data Package is voluntary on the part of the Exchange which
is not required to offer such products, and voluntary on the part of
prospective users that are not required to use it.

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 \5\ and Rule 19b-
4(f)(6) thereunder.\6\
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied the five-day prefiling requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-BX-2012-009 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-BX-2012-009. 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
a.m. and 3 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-BX-2012-009 and should be
submitted on or before March 16, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Kevin M. O'Neill,
Deputy Secretary.
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    \7\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2012-4280 Filed 2-23-12; 8:45 am]
BILLING CODE 8011-01-P