[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83019-83022]
[FR Doc No: 2023-26027]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

[Docket No. FAA-2022-1378]

Airworthiness Criteria: Primary Category Airworthiness Design
Criteria for the ICON Aircraft Inc., Model A5-8 Airplane

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Issuance of final airworthiness criteria.

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SUMMARY: The FAA announces the primary category airworthiness design
criteria for type certification of the ICON Aircraft Inc., (ICON) Model
A5-8 airplane.

DATES: These airworthiness criteria are effective December 28, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Raymond N. Johnston, Avionics
Navigation & Flight Deck Unit (AIR-626B), Avionics & Electrical Systems
Section, Technical Policy Branch, Policy & Standards Division, Aircraft
Certification Service, Federal Aviation Administration, 901 Locust
Street, Room 301, Kansas City, MO 64106; phone<PHONE_NUMBER>, fax
(816) 329-4090, email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    ICON applied to the FAA on August 3, 2020, for a primary category
type certificate (TC) under 14 CFR 21.17(f) for the Model A5-B
airplanes.
    The ICON Model A5-B airplane consists of a Rotax 912 iS Sport
piston engine certified by European Union Aviation Safety Agency (EASA
TC E.121) with additional FAA validation requirements to account for
differences between EASA CS-E requirements and FAA 14 CFR part 33
requirements. The ICON A5-B will utilize a Sensenich 3-blade composite
propeller that conforms with the ASTM consensus standard for propellers
identified in Tables 1 and 3 of these airworthiness design criteria.
The FAA does not plan to issue TCs for the engine or the propeller.
    For continued operational safety (COS) requirements, the applicant
would need to utilize the processes outlined in ASTM F3198-18
identified in Tables 1 and 7 of these airworthiness design criteria to
develop a COS program. Some differences exist between FAA processes for
COS for primary category aircraft and those outlined for LSA in ASTM
F3198-18. The operational safety risk assessment information in the
appendix of ASTM F3198-18 would need to be utilized by the TC holder,
except notification to the FAA is required for reportable events
identified in Sec.  21.3. The FAA will then utilize a risk assessment
process in determining if mandatory action is required.
    Under Sec.  21.17(c), an application for type certification is
effective for three years, unless the FAA approves a longer period.
Section 21.17(d) provides that, where a TC has not been issued within
the time limit established under Sec.  21.17(c), the applicant may file
for an extension and update the designated applicable regulations in
the type certification basis. The effective date of the applicable
airworthiness requirements for the updated type certification basis
must not be earlier than 3 years before the date of issue of the type
certificate. Since the project was not certificated within 3 years
after the application date above, the FAA approved the applicant's
request to extend the application for type certification. As a result,
the extended date of application for type certification is September
26, 2022.
    The FAA issued a notice of proposed airworthiness criteria for the
ICON Model A5-B airplane, which published in the Federal Register on
August 31, 2023 (88 FR 60153).

Discussion of Comments

    The FAA received no comments.

Applicability

    These airworthiness criteria, established under the provisions of
Sec.  21.17(f), are applicable to the ICON Model A5-B airplane. Should
ICON apply at a later date for a change to the type certificate to
include another model, these airworthiness criteria would apply to that
model as well, provided the FAA finds them appropriate in accordance
with the requirements of subpart D to part 21.

Conclusion

    This action affects only the airworthiness criteria for one model.
It is not a standard of general applicability.

Authority Citation

    The authority citation for these airworthiness criteria is as
follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, and
44704.

Airworthiness Criteria

    Pursuant to the authority delegated to me by the Administrator, the
following airworthiness criteria are issued as part of the type
certification basis for the ICON Model A5-B airplane. The FAA finds
that compliance with the following would mitigate the risks associated
with the proposed design and would provide an equivalent level of
safety to existing rules.
    The airworthiness criteria for the issuance of a TC for the ICON
Aircraft, Inc., Model A5-B airplane, a primary category airplane, and
its powerplant installation is listed in Tables 1 through 8 below.
    The following certification basis, established under the provisions
of Sec.  21.17(f), is appropriate for the ICON Model A5-B airplane:

                  Table 1--Airplane Certification Basis
------------------------------------------------------------------------
                                    Consensus
            Subject                standard or     Title and description
                                    regulation
------------------------------------------------------------------------
Primary Type Certification....  Sections 21.17(f)  ``Designation of
                                 and 21.24, both    applicable
                                 at amendment 21-   regulations'', and
                                 100.               ``Issuance of type
                                                    certificate: primary
                                                    category aircraft.''

Aircraft Design and             ASTM F2245-20....  ``Standard
 Performance.                                       Specification for
                                                    Design and
                                                    ``Performance of a
                                                    Light Sport
                                                    Airplane'' as
                                                    modified by Table 2
                                                    of these
                                                    airworthiness design
                                                    criteria.
Engine........................  14 CFR part 33,    The FAA will accept
                                 Amendment 33-34.   an engine certified
                                                    by EASA to CS-E at
                                                    amendment 6 that
                                                    meets the additional
                                                    criteria in Table 8
                                                    of these
                                                    airworthiness design
                                                    criteria.
Propeller.....................  ASTM F2506-13....  ``Standard
                                                    Specification for
                                                    Design and Testing
                                                    of Light Sport
                                                    Aircraft
                                                    Propellers'' as
                                                    modified by Table 3
                                                    of these
                                                    airworthiness design
                                                    criteria.
Noise.........................  14 CFR part 36,    ``Noise Standards:
                                 Amendment 36-31.   Aircraft Type and
                                                    Airworthiness
                                                    Certification.''
Airframe Emergency Parachute..  ASTM F2316-12....  ``Standard
                                                    Specification for
                                                    Airframe Emergency
                                                    Parachutes'' as
                                                    modified by Table 4
                                                    of these
                                                    airworthiness design
                                                    criteria.
Airplane Flight Manual or       ASTM F2746-14....  ``Standard
 Pilot's Operating Handbook.    Or GAMA             Specification for
                                 Specification      Pilot's Operating
                                 No. 1, rev         Handbook (POH) for
                                 October 18, 1996.  Light Sport
                                                    Aircraft'' as
                                                    modified by Table 5
                                                    of these
                                                    airworthiness design
                                                    criteria.
Maintenance Manual............  ASTM F2483-18....  ``Standard Practice
                                                    for Maintenance and
                                                    the Development of
                                                    Maintenance Manuals
                                                    for Light Sport
                                                    Aircraft'' as
                                                    modified by Table 6
                                                    of these
                                                    airworthiness design
                                                    criteria.
Continued Operational Safety    ASTM F3198-18....  ``Standard
 (COS).                                             Specification for
                                                    Light Sport Aircraft
                                                    Manufacturer's
                                                    Continued
                                                    Operational Safety
                                                    (COS) Program'' as
                                                    modified by Table 7
                                                    of these
                                                    airworthiness design
                                                    criteria.
------------------------------------------------------------------------

      Table 2--Modifications Applicable to ASTM F2245-20 ``Standard
   Specifications for Design and Performance of Light Sport Aircraft''
------------------------------------------------------------------------
                              Requirements
-------------------------------------------------------------------------
Include all sections of ASTM F2245-20 except section 9.1.4.
Change section 1.1 to: ``This specification covers basic airworthiness
 requirements for the design of a fixed-wing airplane.''
Change section 1.2 to: ``This specification is applicable to the design
 of a primary category airplane limited to two seats.''
------------------------------------------------------------------------

      Table 3--Modifications Applicable to ASTM F2506-13 ``Standard
      Specification for Design and Testing of Light Sport Aircraft
                              Propellers''
------------------------------------------------------------------------
                              Requirements
-------------------------------------------------------------------------
Include all sections of ASTM F2506-13 except section 10.
------------------------------------------------------------------------

      Table 4--Modifications Applicable to ASTM F2316-12 ``Standard
            Specification for Airframe Emergency Parachutes''
------------------------------------------------------------------------
                              Requirements
-------------------------------------------------------------------------
Include all sections of ASTM F2316-12 except section 12.
------------------------------------------------------------------------

      Table 5--Modifications Applicable to ASTM F2746-14 ``Standard
   Specification for Pilot's Operating Handbook (POH) for Light Sport
                               Aircraft''
------------------------------------------------------------------------
                              Requirements
-------------------------------------------------------------------------
The airplane flight manual (AFM) must comply with all sections of ASTM
 F2746-14, as modified by this table, except sections 1.3, 4.6, and 7,
 or alternatively, the airplane flight manual must comply with GAMA
 Specification No. 1\1\ issued February 15, 1975, and revised October
 18, 1996, in which case the following modifications do not apply.
In addition to ASTM F2746-14, each part of the AFM indicated below must
 be approved, segregated, identified, and clearly distinguished from
 unapproved parts:
     Chapter 2 Limitations;
     Chapter 3 Emergency Procedures;
     Chapter 5 Performance;
     Chapter 6:
        [cir] Weight and Balance Chart (see section 6.10.1 of ASTM F2746-
         14);
        [cir] Operating Weights and Loading (see section 6.10.2 of ASTM
         F2746-14);
        [cir] Center of Gravity (CG) Range and Determination (see
         section 6.10.3 of ASTM F2746-14);
     Chapter 8:
        [cir] Approved Fuel Grades and Specifications (see section
         <IP_ADDRESS> of ASTM F2746-14);
        [cir] Approved Oil Grades and Specifications (see section
         <IP_ADDRESS> of ASTM F2746-14).
In addition to ASTM F2746-14, non-approved information in the AFM must
 be presented in a manner acceptable to the FAA.

Change section 6.4.1 of ASTM 2746-14 to: ``A list of the standards used
 for the design, construction, continued airworthiness, and reference
 compliance with this standard.''
------------------------------------------------------------------------

 Table 6--Modifications Applicable to ASTM F2483-18 ``Standard Practice
  for Maintenance and the Development of Maintenance Manuals for Light
                            Sport Aircraft''
------------------------------------------------------------------------
                              Requirements
-------------------------------------------------------------------------
Include all sections of ASTM F2483-18 except:
     Section 3.1.7
     Section <IP_ADDRESS>
     Section 3.1.8
     Section 4
     Note 1 in section 5
     Section 5.3.2
     Section 5.3.3
     Section 5.3.6
     Section 6.1
     Note 5 in section 6.1
     Section 8 and all subsections and notes
     Section 9 and all subsections
     Section 10 and all subsections
     Section 11 and all subsections and notes
     Section 12 and all subsections
     Annex A1
In addition to ASTM F2483-18, a maintenance manual containing the
 information that the applicant considers essential for proper
 maintenance must be provided as indicated in Sec.   21.24(a)(2)(iii).
In addition to ASTM F2483-18, the part of the manual containing service
 life limitations, the replacement or overhaul of parts, components, and
 accessories subject to such limitations must be approved, identified,
 and clearly distinguished from each other unapproved part of the
 maintenance manual.
Change section 3.1.9 to: ``maintenance manual(s)--manual provided by the
 type design holder that specifies maintenance, repairs, or alterations
 authorized by the manufacturer.''
Change section 3.1.11 to: ``manufacturer--any entity engaged in the
 production of, or component used on, a type certified primary category
 airplane.
Change section 5.3 to: ``Level of Certification--When listing the
 qualification level needed to perform a task, the type certificate
 holder must use the appropriate qualifications from the regulations for
 aircraft maintenance indicated in 14 CFR part 43, appendix A.''
Change Note 4 in section 5.3.1 to: ``Primary category aircraft owners
 may perform maintenance as outlined in part 43, appendix A.''
Change section 6.2 to: ``Typical tasks considered as line maintenance
 include:''
------------------------------------------------------------------------

      Table 7--Modifications Applicable to ASTM F3198-18 ``Standard
     Specification for Light Sport Aircraft Manufacturer's Continued
                   Operational Safety (COS) Program''
------------------------------------------------------------------------
                               Requirement
-------------------------------------------------------------------------
Include all sections of ASTM F3198-18 except:
     Section 1 and all subsections
     Section 5.2 and all subsections
     Section 5.3 and all subsections
     Section <IP_ADDRESS>
     Section <IP_ADDRESS>
     Section 7.7 and all subsections
     Section <IP_ADDRESS>
     Section 8.2 and all subsections
     Section 10
Change section 4.1 to: ``The purpose of this specification is to
 establish, by the manufacturer, a method by which unsafe conditions and
 service difficulty issues are reported, evaluated, and corrected. The
 type certificate holder is responsible to report failures, malfunctions
 or defects to the FAA as outlined in Sec.   21.3.''
Replace ``manufacturer'' with ``type certificate holder'' throughout
 section 7.
------------------------------------------------------------------------

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    \1\ GAMA Specification No. 1.

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    In addition to the EASA CS-E, amendment 6 requirements,\2\ the
following requirements from 14 CFR part 33, amendment 33-34 also apply.
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    \2\ CS-E, Amendment 6--Aircraft cybersecurity.

 Table 8--FAA Validation of EASA State of Design Reciprocating Aircraft
                                 Engines
------------------------------------------------------------------------
                  Subject                          14 CFR Part 33
------------------------------------------------------------------------
Instructions for Continued Airworthiness    Section 33.4, appendices
 (ICA).                                      A33.1(b), A33.2, A33.3(b)
                                             and (c), and A33.4(a)(2).
Engine ratings and operating limitations    Sections 33.7(b)(6) and
 including reciprocating engine limits.      (b)(8).
Durability (Propeller blade pitch control   Section 33.19(b).
 systems).
Turbine, compressor, fan, and               Section 33.27.
 turbosupercharger rotor overspeed.
Turbocharger rotors.......................  Section 33.34.
Lubrication system........................  Sections 33.39(a) and (c).
Vibration test............................  Sections 33.43(a) and (c).
Endurance test............................  Section 33.49(d).
------------------------------------------------------------------------

    Issued in Kansas City, Missouri, on November 20, 2023.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service.
[FR Doc. 2023-26027 Filed 11-27-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Notices]
[Pages 65736-65737]
[FR Doc No: 2015-27251]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2331-043; ER14-630-020; ER10-2319-035; ER10-
2317-035; ER13-1351-017; ER10-2330-042.

    Applicants: J.P. Morgan Ventures Energy Corporation, AlphaGen Power
LLC, BE Alabama LLC, BE CA LLC, Florida Power Development LLC, Utility
Contract Funding, L.L.C.
    Description: Updated Notice of Non-Material Change in Status of
JPMorgan Sellers.
    Filed Date: 10/20/15.
    Accession Number: 20151020-5200.
    Comments Due: 5 p.m. ET 11/10/15.

    Docket Numbers: ER10-2331-044; ER14-630-021; ER10-2319-036; ER10-
2317-036; ER13-1351-018; ER10-2330-043.
    Applicants: J.P. Morgan Ventures Energy Corporation, AlphaGen Power
LLC, BE Alabama LLC, BE CA LLC, Florida Power Development LLC, Utility
Contract Funding, L.L.C.
    Description: Updated Notice of Non-Material Change in Status of
JPMorgan Sellers.
    Filed Date: 10/20/15.
    Accession Number: 20151020-5205.
    Comments Due: 5 p.m. ET 11/10/15.

    Docket Numbers: ER13-1928-007.
    Applicants: Duke Energy Progress, LLC, Duke Energy Carolinas, LLC.
    Description: Compliance filing: Order No. 1000 Interregional SERTP
PJM and MISO to be effective 1/1/2015.
    Filed Date: 10/21/15.
    Accession Number: 20151021-5065.
    Comments Due: 5 p.m. ET 11/12/15.

    Docket Numbers: ER13-1930-006.
    Applicants: Louisville Gas and Electric Company.
    Description: Compliance filing: Order No 1000 SERTP-PJM 3d
Interregional Compliance Filing to be effective 1/1/2015.
    Filed Date: 10/21/15.
    Accession Number: 20151021-5046.
    Comments Due: 5 p.m. ET 11/12/15.

    Docket Numbers: ER13-1941-006.
    Applicants: Alabama Power Company.
    Description: Compliance filing: Order No. 1000 Third Interregional
Compliance Filing--SERTP-PJM Seam to be effective 1/1/2015.
    Filed Date: 10/21/15.
    Accession Number: 20151021-5109.
    Comments Due: 5 p.m. ET 11/12/15.

    Docket Numbers: ER15-861-006.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2015-10-21 Response to Deficiency
Letter Regarding August 19 Filing to be effective 1/5/2016.
    Filed Date: 10/21/15.
    Accession Number: 20151021-5004.
    Comments Due: 5 p.m. ET 11/12/15.

    Docket Numbers: ER15-2403-001.
    Applicants: Pacific Gas and Electric Company.
    Description: Compliance filing: eTariff Migration Compliance Filing
to Update Pending Records in LID SA 258 to be effective 7/23/2015.
    Filed Date: 10/21/15.
    Accession Number: 20151021-5003.
    Comments Due: 5 p.m. ET 11/12/15.

    Docket Numbers: ER15-2477-000.
    Applicants: Golden Hills Wind, LLC.
    Description: Amendment to August 18, 2015 and September 29, 2015
Golden Hills Wind, LLC tariff filing.
    Filed Date: 10/16/15.
    Accession Number: 20151016-5508.
    Comments Due: 5 p.m. ET 10/26/15.

    Docket Numbers: ER15-2582-001.
    Applicants: Carousel Wind Farm, LLC.
    Description: Tariff Amendment: Amendment to Carousel Wind Farm, LLC
Application for MBR Authority to be effective 10/31/2015.
    Filed Date: 10/20/15.
    Accession Number: 20151020-5244.
    Comments Due: 5 p.m. ET 11/10/15.

    Docket Numbers: ER16-122-000.
    Applicants: The Finerty Group, Inc.
    Description: Tariff Cancellation: Notice of Cancellation to be
effective 10/21/2015.
    Filed Date: 10/20/15.
    Accession Number: 20151020-5225.
    Comments Due: 5 p.m. ET 11/10/15.

    Docket Numbers: ER16-123-000.
    Applicants: Avista Corporation.
    Description: Section 205(d) Rate Filing: Avista Corp SA T1134
Construction Agreement to be effective 10/14/2015.
    Filed Date: 10/20/15.
    Accession Number: 20151020-5226.
    Comments Due: 5 p.m. ET 11/10/15.

    Docket Numbers: ER16-124-000.
    Applicants: AV Solar Ranch 1, LLC.
    Description: Baseline eTariff Filing: Certificate of Concurrence
for Shared Facilities Agreements to be effective 12/31/9998.
    Filed Date: 10/20/15.
    Accession Number: 20151020-5228.
    Comments Due: 5 p.m. ET 11/10/15.

    Docket Numbers: ER16-125-000.
    Applicants: Southern California Edison Company.
    Description: Section 205(d) Rate Filing: GIA & Distribution Service
Agreement Windstream 6042 Project to be effective 10/24/2015.
    Filed Date: 10/21/15.
    Accession Number: 20151021-5000.
    Comments Due: 5 p.m. ET 11/12/15.

    Docket Numbers: ER16-127-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Section 205(d) Rate Filing: 2015-10-21 MVP ARR Filing
to be effective 12/20/2015.
    Filed Date: 10/21/15
    Accession Number: 20151021-5049.
    Comments Due: 5 p.m. ET 11/12/15.

    Docket Numbers: ER16-128-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Section 205(d) Rate Filing: 2015-10-21_SA 2855 ATC-
Manitowoc Transmission Line Relocation Agreement to be effective 12/20/
2015.
    Filed Date: 10/21/15.
    Accession Number: 20151021-5052.
    Comments Due: 5 p.m. ET 11/12/15.

    Docket Numbers: ER16-129-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Section 205(d) Rate Filing: 2015-10-21_SA 6502
Terminate Edwards SSR Agreement to be effective 1/1/2016.
    Filed Date: 10/21/15.
    Accession Number: 20151021-5081.
    Comments Due: 5 p.m. ET 11/12/15.

    Docket Numbers: ER16-130-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Section 205(d) Rate Filing: Integrated System Clean-Up
Filing to be effective 10/1/2015.
    Filed Date: 10/21/15.
    Accession Number: 20151021-5084.
    Comments Due: 5 p.m. ET 11/12/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 21, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-27251 Filed 10-26-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Notices]
[Pages 41859-41864]
[FR Doc No: 2012-17176]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67375; File No. SR-NYSEMKT-2012-03]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Deleting NYSE MKT LLC
Rule 440A--Equities, Which Addresses Telemarketing, and Adopting New
NYSE MKT LLC Rule 3230--Equities, To Conform to FINRA's Telemarketing
Rule

July 10, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Exchange Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is
hereby given that on June 25, 2012, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II
and III 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to delete Rule 440A--Equities, which
addresses telemarketing, and adopt new rule text that is substantially
similar to FINRA Rule 3230. 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 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 those statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    The Exchange proposes to delete Rule 440A--Equities, which
addresses telemarketing, and adopt new rule text that is substantially
similar to FINRA Rule 3230.\4\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 66279 (January 30,
2012), 77 FR 5611 (February 3, 2012) (SR-FINRA-2011-059). FINRA's
rule change will become effective on July 9, 2012. See FINRA
Regulatory Notice 12-17.
---------------------------------------------------------------------------

Background
    On July 30, 2007, FINRA's predecessor, the National Association of
Securities Dealers, Inc. (``NASD''), and NYSE Regulation, Inc.
(``NYSER'') consolidated their member firm regulation operations into a
combined organization, FINRA. Pursuant to Rule 17d-2 under the Exchange
Act, New York Stock Exchange LLC (``NYSE''), NYSER and FINRA entered
into an agreement (the ``Agreement'') to reduce regulatory duplication
for their members by allocating to FINRA certain regulatory
responsibilities for certain NYSE rules and rule interpretations
(``FINRA Incorporated NYSE Rules''). NYSE MKT became a party to the
Agreement effective December 15, 2008.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 56148 (July 26,
2007), 72 FR 42146 (August 1, 2007) (order approving the Agreement);
Securities Exchange Act 56147 (July 26, 2007), 72 FR 42166 (August
1, 2007) (SR-NASD-2007-054) (order approving the incorporation of
certain NYSE Rules as ``Common Rules''); and Securities Exchange Act
60409 (July 30, 2009), 74 FR 39353 (August 6, 2009) (order approving
the amended and restated Agreement, adding NYSE MKT LLC as a party).
Paragraph 2(b) of the Agreement sets forth procedures regarding
proposed changes by FINRA, NYSE or NYSE MKT to the substance of any
of the Common Rules.
---------------------------------------------------------------------------

    As part of its effort to reduce regulatory duplication and relieve
firms that are members of FINRA, NYSE and NYSE MKT of conflicting or
unnecessary regulatory burdens, FINRA is now engaged in the process of
reviewing and amending the NASD and FINRA Incorporated NYSE Rules in
order to create a consolidated FINRA rulebook.\6\
---------------------------------------------------------------------------

    \6\ FINRA's rulebook currently has three sets of rules: (1) NASD
Rules, (2) FINRA Incorporated NYSE Rules, and (3) consolidated FINRA
Rules. The FINRA Incorporated NYSE Rules apply only to those members
of FINRA that are also members of the NYSE (``Dual Members''), while
the consolidated FINRA Rules apply to all FINRA members. For more
information about the FINRA rulebook consolidation process, see
FINRA Information Notice, March 12, 2008.
---------------------------------------------------------------------------

Proposed Rule Change
    The Exchange proposes to delete Rule 440A--Equities and adopt new
Rule 3230--Equities to conform to the changes adopted by FINRA for
telemarketing. FINRA adopted NASD Rule 2212 as FINRA Rule 3230, taking
into account FINRA Incorporated NYSE Rule 440A \7\ and NYSE
Interpretation 440A/01. FINRA Rule 3230 adds provisions that are
substantially similar to Federal Trade Commission (``FTC'') rules that
prohibit deceptive and other abusive telemarketing acts or practices.
---------------------------------------------------------------------------

    \7\ NYSE Rule 440A is identical to Rule 440A--Equities.
---------------------------------------------------------------------------

    NASD Rule 2212 and Rule 440A--Equities are similar rules that
require members, among other things, to maintain do-not-call lists,
limit the hours of telephone solicitations and prohibit members from
using deceptive and abusive acts and practices in connection with
telemarketing. The Commission directed FINRA and the Exchange to enact
these telemarketing rules in accordance with the Telemarketing Consumer
Fraud and Abuse Prevention Act of 1994 (``Prevention Act'').\8\ The
Prevention Act requires the Commission to promulgate, or direct any
national securities exchange or registered securities association to
promulgate, rules substantially similar to the FTC rules to prohibit
deceptive and other abusive telemarketing acts or practices.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 6101-6108.
    \9\ 15 U.S.C. 6102.
---------------------------------------------------------------------------

    In 2003, the FTC and the Federal Communications Commission
(``FCC'') established requirements for sellers and telemarketers to
participate in the national do-not-call registry.\10\ Pursuant to the
Prevention Act, the Commission requested that FINRA and the Exchange
amend their telemarketing rules to include a requirement that their
members participate in the national do-not-call registry. In 2004, the
Commission approved amendments to

NASD Rule 2212 requiring member firms to participate in the national
do-not-call registry.\11\ The following year, the Commission approved
amendments to NYSE Rule 440A, which were similar to the NASD rule
amendments, but included additional provisions regarding the use of
caller identification information, pre-recorded messages, telephone
facsimiles and computer advertisements.\12\
---------------------------------------------------------------------------

    \10\ See 68 FR 4580 (January 29, 2003); 68 FR 44144 (July 25,
2003); CG Docket No. 02-278, FCC 03-153, (adopted June 26, 2003;
released July 3, 2003).
    \11\ See Securities Exchange Act Release No. 49055 (January 12,
2004), 69 FR 2801 (January 20, 2004) (Order Approving File No. SR-
NASD-2003-131).
    \12\ See Securities Exchange Act Release No. 52579 (October 7,
2005), 70 FR 60119 (October 14, 2005) (Order Approving File No. SR-
NYSE-2004-73).
---------------------------------------------------------------------------

    As mentioned above, the Prevention Act requires the Commission to
promulgate, or direct any national securities exchange or registered
securities association to promulgate, rules substantially similar to
the FTC rules to prohibit deceptive and other abusive telemarketing
acts or practices.\13\ In 2011, Commission staff directed all exchanges
and FINRA to conduct a review of their telemarketing rules and propose
rule amendments that provide protections that are at least as strong as
those provided by the FTC's telemarketing rules. FINRA's adoption of
FINRA Rule 3230 reflects amendments to NASD Rule 2212 and FINRA
Incorporated NYSE Rule 440A that update those rules to meet the
standards of the Prevention Act.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 6102.
    \14\ See Securities Exchange Act Release No. 65645 (October 27,
2011), 76 FR 67787 (November 2, 2011) (Order Approving File No. SR-
FINRA-2011-059).
---------------------------------------------------------------------------

    The proposed rule change, as directed by the Commission staff,
adopts provisions in proposed Rule 3230--Equities that are
substantially similar to the FTC's current rules that prohibit
deceptive and other abusive telemarketing acts or practices as
described below.\15\
---------------------------------------------------------------------------

    \15\ The text of proposed Rule 3230--Equities would also be the
same as FINRA Rule 3230, except that (i) the Exchange would
substitute the term ``member organization'' for ``member;'' and (ii)
the Exchange would add supplementary material to define the term
``person associated with a member organization'' to have the same
meaning as the terms ``person associated with a member'' or
``associated person of a member'' as defined in Article I(rr) of the
FINRA By-Laws.
---------------------------------------------------------------------------

Telemarketing Requirements
    Proposed Rule 3230(a)--Equities provides that no member
organization or person associated with a member organization shall
initiate any outbound telephone call \16\ to:
---------------------------------------------------------------------------

    \16\ An ``outbound telephone call'' is a telephone call
initiated by a telemarketer to induce the purchase of goods or
services or to solicit a charitable contribution from a donor. A
``customer'' is any person who is or may be required to pay for
goods or services through telemarketing. A ``donor'' means any
person solicited to make a charitable contribution. A ``person'' is
any individual, group, unincorporated association, limited or
general partnership, corporation, or other business entity.
``Telemarketing'' means consisting of or relating to a plan,
program, or campaign involving at least one outbound telephone call,
for example cold-calling. The term does not include the solicitation
of sales through the mailing of written marketing materials, when
the person making the solicitation does not solicit customers by
telephone but only receives calls initiated by customers in response
to the marketing materials and during those calls takes orders only
without further solicitation. For purposes of the previous sentence,
the term ``further solicitation'' does not include providing the
customer with information about, or attempting to sell, anything
promoted in the same marketing materials that prompted the
customer's call. See proposed Rule 3230(m)(11), (14), (16), (17),
and (20)--Equities; see also FINRA Rule 3230(m)(11), (14), (16),
(17), and (20); and 16 CFR 310.2(f), (l), (n), (v), (w), and (dd).
---------------------------------------------------------------------------

    (1) Any residence of a person before the hour of 8 a.m. or after 9
p.m. (local time at the called party's location), unless the member
organization has an established business relationship \17\ with the
person pursuant to paragraph 3230(m)(12)(A), the member organization
has received that person's prior express invitation or permission, or
the person called is a broker or dealer;
---------------------------------------------------------------------------

    \17\ An ``established business relationship'' is a relationship
between a member organization and a person if (i) the person has
made a financial transaction or has a security position, a money
balance, or account activity with the member organization or at a
clearing firm that provides clearing services to the member
organization within the 18 months immediately preceding the date of
an outbound telephone call; (b) the member organization is the
broker-dealer of record for an account of the person within the 18
months immediately preceding the date of an outbound telephone call;
or (c) the person has contacted the member organization to inquire
about a product or service offered by the member organization within
the three months immediately preceding the date of an outbound
telephone call. A person's established business relationship with a
member organization does not extend to the member organization's
affiliated entities unless the person would reasonably expect them
to be included. Similarly, a person's established business
relationship with a member organization's affiliate does not extend
to the member organization unless the person would reasonably expect
the member organization to be included. The term ``account
activity'' includes, but is not limited to, purchases, sales,
interest credits or debits, charges or credits, dividend payments,
transfer activity, securities receipts or deliveries, and/or journal
entries relating to securities or funds in the possession or control
of the member organization. The term ``broker-dealer of record''
refers to the broker or dealer identified on a customer's account
application for accounts held directly at a mutual fund or variable
insurance product issuer. See proposed Rule 3230(m)(1), (4), and
(12)--Equities; see also 16 CFR 310.2(o) and FINRA Rule 3230(m)(1),
(4), and (12).
---------------------------------------------------------------------------

    (2) Any person that previously has stated that he or she does not
wish to receive an outbound telephone call made by or on behalf of the
member organization; \18\ or
---------------------------------------------------------------------------

    \18\ This restriction was previously included under Rule
440A(a)--Equities. See the discussion below under Procedures.
---------------------------------------------------------------------------

    (3) Any person who has registered his or her telephone number on
the FTC's national do-not-call registry.
    The proposed rule change is substantially similar to the FTC's
provisions regarding abusive telemarketing acts or practices.\19\ The
FTC provided a discussion of the provision when it was adopted pursuant
to the Prevention Act.\20\
---------------------------------------------------------------------------

    \19\ See 16 CFR 310.4(b)(1)(iii)(A) and (B) and (c); see also
FINRA Rule 3230(a).
    \20\ See Federal Trade Commission, Telemarketing Sales Rule, 68
FR 4580 (Jan. 29, 2003) at 4628; and Federal Trade Commission,
Telemarketing Sales Rule, 60 FR 43842 (Aug. 23, 1995) at 43855.
---------------------------------------------------------------------------

National Do-Not-Call List Exceptions
    Proposed Rule 3230(b)--Equities provides that a member organization
making outbound telephone calls will not be liable for initiating any
outbound telephone call to any person who has registered his or her
telephone number on the FTC's national do-not-call registry if:
    (1) The member organization has an established business
relationship with the recipient of the call; \21\
---------------------------------------------------------------------------

    \21\ A person's request to be placed on the firm-specific do-
not-call list terminates the established business relationship
exception to that national do-not-call list provision for that
member organization even if the person continues to do business with
the member organization.
---------------------------------------------------------------------------

    (2) The member organization has obtained the person's prior express
invitation or permission; \22\ or
---------------------------------------------------------------------------

    \22\ Such permission must be evidenced by a signed, written
agreement (which may be obtained electronically under the E-Sign Act
(See 15 U.S.C. 7001 et seq.) between the person and member
organization which states that the person agrees to be contacted by
the member organization and includes the telephone number to which
the calls may be placed.
---------------------------------------------------------------------------

    (3) The associated person making the call has a personal
relationship \23\ with the recipient of the call.
---------------------------------------------------------------------------

    \23\ The term ``personal relationship'' means any family member,
friend, or acquaintance of the person making an outbound telephone
call. See proposed Rule 3230(m)(18)--Equities; see also FINRA Rule
3230(m)(18).
---------------------------------------------------------------------------

    The proposed rule change modifies the established business
relationship exception in Rule 440A--Equities and the definition for
``established business relationships,'' which is substantially similar
to the FTC's definition of that term.\24\ In addition, the proposed
rule change is substantially similar to the FTC's provision regarding
an exception to the prohibition on making outbound telephone calls to
persons on the FTC's do-not-call registry.\25\ The FTC provided a
discussion of the provision when it

was adopted pursuant to the Prevention Act.\26\
---------------------------------------------------------------------------

    \24\ See supra note 17; see also FINRA Rule 3230(a).
    \25\ See 16 CFR 310.4(b)(1)(iii)(B); see also FINRA Rule
3230(b).
    \26\ See Federal Trade Commission, Telemarketing Sales Rule, 68
FR 4580 (Jan. 29, 2003) at 4628; and Federal Trade Commission,
Telemarketing Sales Rule, 60 FR 43842 (Aug. 23, 1995) at 43854.
---------------------------------------------------------------------------

Safe Harbor Provision
    Proposed Rule 3230(c)--Equities provides that a member organization
or person associated with a member organization making outbound
telephone calls will not be liable for initiating any outbound
telephone call to any person who has registered his or her telephone
number on the FTC's national do-not-call registry if the member
organization or person associated with a member organization
demonstrates that the violation is the result of an error and that as
part of the member organization's routine business practice, it meets
the following standards:
    (1) The member organization has established and implemented written
procedures to comply with the national do-not-call rules;
    (2) The member organization has trained its personnel, and any
entity assisting in its compliance, in procedures established pursuant
to the national do-not-call rules;
    (3) The member organization has maintained and recorded a list of
telephone numbers that it may not contact; and
    (4) The member organization uses a process to prevent outbound
telephone calls to any telephone number on any list established
pursuant to the do-not-call rules, employing a version of the national
do-not-call registry obtained from the administrator of the registry no
more than 31 days prior to the date any call is made, and maintains
records documenting this process.
    The proposed rule change is substantially similar to the FTC's safe
harbor to the prohibition on making outbound telephone calls to persons
on the FTC's national do-not-call registry.\27\ The FTC provided a
discussion of the provision when it was adopted pursuant to the
Prevention Act.\28\
---------------------------------------------------------------------------

    \27\ See 16 CFR 310.4(b)(1)(iii)(B); see also FINRA Rule
3230(c).
    \28\ See Federal Trade Commission, Telemarketing Sales Rule, 68
FR 4580 (Jan. 29, 2003) at 4628; and Federal Trade Commission,
Telemarketing Sales Rule, 60 FR 43842 (Aug. 23, 1995) at 43855.
---------------------------------------------------------------------------

Procedures
    Proposed Rule 3230(d)--Equities adopts procedures that member
organizations must institute to comply with Rule 3230(a)--Equities
prior to engaging in telemarketing. These procedures are substantially
similar to the procedural requirements under Rule 440A(b)--Equities;
however, the proposed rule change deletes the requirement that a member
organization honor a firm-specific do-not-call request for five years
from the time the request is made. Additionally, the proposed rule
change clarifies that the request not to receive further calls would
come from a person. The procedures must meet the following minimum
standards:
    (1) Member organizations must have a written policy for maintaining
their do-not-call lists.
    (2) Personnel engaged in any aspect of telemarketing must be
informed and trained in the existence and use of the member
organization's do-not-call list.
    (3) If a member organization receives a request from a person not
to receive calls from that member organization, the member organization
must record the request and place the person's name, if provided, and
telephone number on its do-not-call list at the time the request is
made.\29\
---------------------------------------------------------------------------

    \29\ Member organizations must honor a person's do-not-call
request within a reasonable time from the date the request is made,
which may not exceed 30 days from the date of the request. If these
requests are recorded or maintained by a party other than the member
organization on whose behalf the outbound telephone call is made,
the member organization on whose behalf the outbound telephone call
is made will still be liable for any failures to honor the do-not-
call request.
---------------------------------------------------------------------------

    (4) Member organizations or persons associated with a member
organization making an outbound telephone call must make certain caller
disclosures set forth in Rule 3230(d)(4)--Equities.
    (5) In the absence of a specific request by the person to the
contrary, a person's do-not-call request shall apply to the member
organization making the call, and will not apply to affiliated entities
unless the consumer reasonably would expect them to be included given
the identification of the call and the product being advertised.
    A member organization making outbound telephone calls must maintain
a record of a person's request not to receive further calls.
    Inclusion of this requirement to adopt these procedures will not
create any new obligations on member organizations, as they are already
subject to identical provisions under FCC telemarketing
regulations.\30\
---------------------------------------------------------------------------

    \30\ See 47 CFR 64.1200(d); see also FINRA Rule 3230(d).
---------------------------------------------------------------------------

Wireless Communications
    Proposed Rule 3230(e)--Equities states that the provisions set
forth in the rule are applicable to member organizations telemarketing
or making telephone solicitations calls to wireless telephone numbers.
In addition, proposed Rule 3230(e)--Equities clarifies that the
application of the rule also applies to persons associated with a
member organization making outbound telephone calls to wireless
telephone numbers.\31\
---------------------------------------------------------------------------

    \31\ See also FINRA Rule 3230(e).
---------------------------------------------------------------------------

Outsourcing Telemarketing
    Rule 3230(f)--Equities states that if a member organization uses
another entity to perform telemarketing services on its behalf, the
member organization remains responsible for ensuring compliance with
all provisions contained in the rule. Proposed Rule 3230(f)--Equities
also clarifies that member organizations must consider whether the
entity or person that a member organization uses for outsourcing, must
be appropriately registered or licensed, where required.\32\
---------------------------------------------------------------------------

    \32\ See also FINRA Rule 3230(f).
---------------------------------------------------------------------------

Caller Identification Information
    Proposed Rule 3230(g)--Equities provides that any member
organization that engages in telemarketing must transmit or cause to be
transmitted the telephone number, and, when made available by the
member organization's telephone carrier, the name of the member
organization, to any caller identification service in use by a
recipient of an outbound telephone call. The telephone number so
provided must permit any person to make a do-not-call request during
regular business hours. In addition, any member organization that
engages in telemarketing is prohibited from blocking the transmission
of caller identification information.\33\
---------------------------------------------------------------------------

    \33\ Caller identification information includes the telephone
number and, when made available by the member organization's
telephone carrier, the name of the member organization.
---------------------------------------------------------------------------

    These provisions are similar to the caller identification provision
in the FTC rules.\34\ Inclusion of these caller identification
provisions in this proposed rule change will not create any new
obligations on member organizations, as they are already subject to
identical provisions under FCC telemarketing regulations.\35\
---------------------------------------------------------------------------

    \34\ See 16 CFR 310.4(a)(8); see also FINRA Rule 3230(g).
    \35\ See 47 CFR 64.1601(e).
---------------------------------------------------------------------------

Unencrypted Consumer Account Numbers
    Proposed Rule 3230(h)--Equities prohibits a member organization or
person associated with a member organization from disclosing or
receiving, for consideration, unencrypted consumer account numbers for
use in telemarketing. The proposed rule change is substantially

similar to the FTC's provision regarding unencrypted consumer account
numbers.\36\ The FTC provided a discussion of the provision when it was
adopted pursuant to the Prevention Act.\37\ Additionally, the proposed
rule change defines ``unencrypted'' as not only complete, visible
account numbers, whether provided in lists or singly, but also
encrypted information with a key to its decryption. The proposed
definition is substantially similar to the view taken by the FTC.\38\
---------------------------------------------------------------------------

    \36\ See 16 CFR 310.4(a)(6); see also FINRA Rule 3230(h).
    \37\ See Federal Trade Commission, Telemarketing Sales Rule, 68
FR 4580 (January 29, 2003) at 4615.
    \38\ See id. at 4616.
---------------------------------------------------------------------------

Submission of Billing Information
    The proposed rule change provides that, for any telemarketing
transaction, no member organization or person associated with a member
organization may submit billing information \39\ for payment without
the express informed consent of the customer. Proposed Rule 3230(i)--
Equities requires, for any telemarketing transaction, a member
organization or person associated with a member organization to obtain
the express informed consent of the person to be charged and to be
charged using the identified account. If the telemarketing transaction
involves preacquired account information \40\ and a free-to-pay
conversion \41\ feature, the member organization or person associated
with a member organization must:
---------------------------------------------------------------------------

    \39\ The term ``billing information'' means any data that
enables any person to access a customer's or donor's account, such
as a credit or debit card number, a brokerage, checking, or savings
account number, or a mortgage loan account number. See proposed Rule
3230(m)(3)--Equities.
    \40\ The term ``preacquired account information'' means any
information that enables a member organization or person associated
with a member organization to cause a charge to be placed against a
customer's or donor's account without obtaining the account number
directly from the customer or donor during the telemarketing
transaction pursuant to which the account will be charged. See
proposed Rule 3230(m)(19)--Equities.
    \41\ The term ``free-to-pay conversion'' means, in an offer or
agreement to sell or provide any goods or services, a provision
under which a customer receives a product or service for free for an
initial period and will incur an obligation to pay for the product
or service if he or she does not take affirmative action to cancel
before the end of that period. See proposed Rule 3230(m)(13)--
Equities.
---------------------------------------------------------------------------

    (1) Obtain from the customer, at a minimum, the last four digits of
the account number to be charged;
    (2) Obtain from the customer an express agreement to be charged and
to be charged using the identified account number; and
    (3) Make and maintain an audio recording of the entire
telemarketing transaction.
    For any other telemarketing transaction involving preacquired
account information, the member organization or person associated with
a member organization must:
    (1) Identify the account to be charged with sufficient specificity
for the customer to understand what account will be charged; and
    (2) Obtain from the customer an express agreement to be charged and
to be charged using the identified account number.
    The proposed rule change is substantially similar to the FTC's
provision regarding the submission of billing information.\42\ The FTC
provided a discussion of the provision when it was adopted pursuant to
the Prevention Act.\43\
---------------------------------------------------------------------------

    \42\ See 16 CFR 310.4(a)(7); see also FINRA Rule 3230(i).
    \43\ See Federal Trade Commission, Telemarketing Sales Rule, 68
FR 4580 (January 29, 2003) at 4615.
---------------------------------------------------------------------------

Abandoned Calls
    Proposed Rule 3230(j)--Equities prohibits a member organization or
person associated with a member organization from abandoning \44\ any
outbound telemarketing call. The abandoned calls prohibition is subject
to a ``safe harbor'' under proposed subparagraph (j)(2) that requires:
---------------------------------------------------------------------------

    \44\ An outbound telephone call is ``abandoned'' if the called
person answers it and the call is not connected to a member
organization or person associated with a member organization within
two seconds of the called person's completed greeting.
---------------------------------------------------------------------------

    (1) The member organization or person associated with a member
organization to employ technology that ensures abandonment of no more
than three percent of all calls answered by a person, measured over the
duration of a single calling campaign, if less than 30 days, or
separately over each successive 30-day period or portion thereof that
the campaign continues;
    (2) The member organization or person associated with a member
organization, for each telemarketing call placed, allows the telephone
to ring for at least 15 seconds or four rings before disconnecting an
unanswered call;
    (3) Whenever a person associated with a member organization is not
available to speak with the person answering the telemarketing call
within two seconds after the person's completed greeting, the member
organization or person associated with a member organization promptly
plays a recorded message stating the name and telephone number of the
member organization or person associated with a member organization on
whose behalf the call was placed; and
    (4) The member organization to maintain records documenting
compliance with the ``safe harbor.''
    The proposed rule change is substantially similar to the FTC's
provisions regarding abandoned calls.\45\ The FTC provided a discussion
of the provisions when they were adopted pursuant to the Prevention
Act.\46\
---------------------------------------------------------------------------

    \45\ See 16 CFR 310.4(b)(1)(iv); see also 16 CFR 310.4(b)(4).
    \46\ See Federal Trade Commission, Telemarketing Sales Rule, 68
FR 4580 (January 29, 2003) at 4641.
---------------------------------------------------------------------------

Prerecorded Messages
    Proposed Rule 3230(k)--Equities prohibits a member organization or
person associated with a member organization from initiating any
outbound telemarketing call that delivers a prerecorded message without
a person's express written agreement \47\ to receive such calls. The
proposed rule change also requires that all prerecorded telemarketing
calls provide specified opt-out mechanisms so that a person can opt out
of future calls. The prohibition does not apply to a prerecorded
message permitted for compliance with the ``safe harbor'' for abandoned
calls under proposed subparagraph (j)(2).
---------------------------------------------------------------------------

    \47\ The express written agreement must: (a) Have been obtained
only after a clear and conspicuous disclosure that the purpose of
the agreement is to authorize the member organization to place
prerecorded calls to such person; (b) have been obtained without
requiring, directly or indirectly, that the agreement be executed as
a condition of purchasing any good or service; (c) evidence the
willingness of the called person to receive calls that deliver
prerecorded messages by or on behalf of the member organization; and
(d) include the person's telephone number and signature (which may
be obtained electronically under the E-Sign Act).
---------------------------------------------------------------------------

    The proposed rule change is substantially similar to the FTC's
provisions regarding prerecorded messages.\48\ The FTC provided a
discussion of the provisions when they were adopted pursuant to the
Prevention Act.\49\
---------------------------------------------------------------------------

    \48\ See 16 CFR 310.4(b)(1)(v); see also FINRA Rule 3230(k).
    \49\ See Federal Trade Commission, Telemarketing Sales Rule, 73
FR 51164 (August 29, 2008) at 51165.
---------------------------------------------------------------------------

Credit Card Laundering
    Proposed Rule 3230(l)--Equities prohibits credit card laundering,
the practice of depositing into the credit card system \50\ a sales
draft that is not the result of a credit card transaction

between the cardholder \51\ and the member organization. Except as
expressly permitted, the proposed rule change prohibits a member
organization or person associated with a member organization from:
---------------------------------------------------------------------------

    \50\ The term ``credit card system'' means any method or
procedure used to process credit card transactions involving credit
cards issued or licensed by the operator of that system. The term
``credit card'' means any card, plate, coupon book, or other credit
device existing for the purpose of obtaining money, property, labor,
or services on credit. The term ``credit'' means the right granted
by a creditor to a debtor to defer payment of debt or to incur debt
and defer its payment. See proposed Rule 3230(m)(7), (8), and (10)--
Equities.
    \51\ The term ``cardholder'' means a person to whom a credit
card is issued or who is authorized to use a credit card on behalf
of or in addition to the person to whom the credit card is issued.
See proposed Rule 3230(m)(6)--Equities.
---------------------------------------------------------------------------

    (1) Presenting to or depositing into, the credit card system for
payment, a credit card sales draft \52\ generated by a telemarketing
transaction that is not the result of a telemarketing credit card
transaction between the cardholder and the member organization;
---------------------------------------------------------------------------

    \52\ The term ``credit card sales draft'' means any record or
evidence of a credit card transaction. See proposed Rule
3230(m)(9)--Equities.
---------------------------------------------------------------------------

    (2) Employing, soliciting, or otherwise causing a merchant,\53\ or
an employee, representative or agent of the merchant, to present to or
to deposit into the credit card system for payment, a credit card sales
draft generated by a telemarketing transaction that is not the result
of a telemarketing credit card transaction between the cardholder and
the merchant; or
---------------------------------------------------------------------------

    \53\ The term ``merchant'' means a person who is authorized
under written contract with an acquirer to honor or accept credit
cards, or to transmit or process for payment credit card payments,
for the purchase of goods or services or a charitable contribution.
The term ``acquirer'' means a business organization, financial
institution, or an agent of a business organization or financial
institution that has authority from an organization that operates or
licenses a credit card system to authorize merchants to accept,
transmit, or process payment by credit card through the credit card
system for money, goods or services, or anything else of value. A
``charitable contribution'' means any donation or gift of money or
any other thing of value, for example a transfer to a pooled income
fund. See proposed Rule 3230(m)(2) and (14)--Equities.
---------------------------------------------------------------------------

    (3) Obtaining access to the credit card system through the use of a
business relationship or an affiliation with a merchant, when such
access is not authorized by the merchant agreement \54\ or the
applicable credit card system.
---------------------------------------------------------------------------

    \54\ The term ``merchant agreement'' means a written contract
between a merchant and an acquirer to honor or accept credit cards,
or to transmit or process for payment credit card payments, for the
purchase of goods or services or charitable contribution. See
proposed Rule 3230(m)(15)--Equities.
---------------------------------------------------------------------------

    The proposed rule change is substantially similar to the FTC's
provisions regarding credit card laundering.\55\ The FTC provided a
discussion of the provisions when they were adopted pursuant to the
Prevention Act.\56\
---------------------------------------------------------------------------

    \55\ See 16 CFR 310.2; see also FINRA Rule 3230(l).
    \56\ See Federal Trade Commission, Telemarketing Sales Rule, 60
FR 43842 (August 23, 1995) at 43852.
---------------------------------------------------------------------------

Definitions
    Proposed Rule 3230(m)--Equities adopts the following definitions,
which are substantially similar to the FTC's definitions of these
terms: ``acquirer,'' ``billing information,'' ``caller identification
service,'' ``cardholder,'' ``charitable contribution,'' ``credit,''
``credit card,'' ``credit card sales draft,'' ``credit card system,''
``customer,'' ``donor,'' ``established business relationship,'' ``free-
to-pay conversion,'' ``merchant,'' ``merchant agreement,'' ``outbound
telephone call,'' ``person,'' ``preacquired account information,'' and
telemarketing''.\57\ The FTC provided a discussion of each definition
when they were adopted pursuant to the Prevention Act.
---------------------------------------------------------------------------

    \57\ See proposed Rule 3230(m)(2), (3), (5), (6), (7), (8), (9),
(10), (11), (12), (13), (14), (15), (16), (17), (19), and (20)--
Equities; and 16 CFR 310.2(a), (c), (d), (e), (f), (h), (i), (j),
(k), (l), (n), (o), (p), (s), (t), (v), (w), (x), and (dd); see also
FINRA Rule 3230(m)(2), (3), (5), (6), (7), (8), (9), (10), (11),
(12), (13), (14), (15), (16), (17), (19), and (20). The proposed
rule change also adopts definitions of ``account activity,''
``broker-dealer of record,'' and ``personal relationship'' that are
substantially similar to FINRA's definitions of these terms. See
proposed Rule 3230(m)(1), (4), and (18)--Equities and FINRA Rule
3230(m)(1), (4), and (18); see also 47 CFR 64.1200(t)(14) (FCC's
definition of ``personal relationship'').
---------------------------------------------------------------------------

    The Exchange proposes make Rule 3230--Equities effective on the
same date as FINRA makes FINRA Rule 3230 effective.\58\
---------------------------------------------------------------------------

    \58\ See supra note 4.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act \59\ in general, and furthers the
objectives of Section 6(b)(5) \60\ in particular, in that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanism of a
free and open market and a national market system. Specifically, the
Exchange believes that the proposed rule change supports the objectives
of the Exchange Act by providing greater harmonization between NYSE MKT
Equities Rules and FINRA Rules of similar purpose, resulting in less
burdensome and more efficient regulatory compliance. In particular,
NYSE MKT member organizations that are also FINRA members are subject
to both Rule 440A--Equities and FINRA Rule 3230 and harmonizing these
two rules would promote just and equitable principles of trade by
requiring a single standard for telemarketing. In addition, adopting
Rule 3230--Equities will assure that the Exchange's rules governing
telemarketing meet the standards set forth in the Prevention Act. To
the extent the Exchange has proposed changes that differ from the FINRA
version of the NYSE MKT Equities Rules, it believes such changes are
technical in nature and do not change the substance of the proposed
NYSE MKT Equities Rules. The Exchange also believes that the proposed
rule change will update and clarify the requirements governing
telemarketing, which will promote just and equitable principles of
trade and help to protect investors.
---------------------------------------------------------------------------

    \59\ 15 U.S.C. 78f(b).
    \60\ 15 U.S.C. 78f(b)(5).
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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 Exchange Act.

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

    The Exchange neither solicited nor received written comments with
respect to the proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Exchange Act \61\ and Rule 19b-4(f)(6)
thereunder.\62\ Because the proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative prior to 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, if consistent
with the protection of investors and the public interest, the proposed
rule change has become effective pursuant to Section 19(b)(3)(A) of the
Exchange Act and Rule 19b-4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \61\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \62\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \63\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\64\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public

interest. The Exchange has asked the Commission to waive the 30-day
operative delay so that the proposal may become operative immediately
upon filing.
---------------------------------------------------------------------------

    \63\ 17 CFR 240.19b-4(f)(6).
    \64\ 17 CFR 240.19b-4(f)(6)(iii).
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    At any time within 60 days of the filing of such 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 Exchange 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 Exchange 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-NYSEMKT-2012-03 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-NYSEMKT-2012-03.
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 Section, 100
F Street NE., Washington, DC 20549-1090 on official business days
between the hours of 10 a.m. and 3 p.m. Copies of the filing will also
be available for inspection and copying at the NYSE's principal office
and on its Internet Web site at www.nyse.com. 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-NYSEMKT-2012-03 and
should be submitted on or before August 6, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\65\
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    \65\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-17176 Filed 7-13-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 70 (Thursday, April 11, 2019)]
[Notices]
[Page 14657]
[FR Doc No: 2019-07158]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL19-54-000]

Constellation Power Source Generation, LLC; Notice of Institution
of Section 206 Proceeding and Refund Effective Date

    On April 5, 2019, the Commission issued an order in Docket No.
EL19-54-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e (2012), instituting an investigation into the continued
justness and reasonableness of Constellation Power Source Generation,
LLC's rate for providing Reactive Supply and Voltage Control Service.
Constellation Power Source Generation, LLC, 167 FERC 61,018 (2019).
    The refund effective date in Docket No. EL19-54-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL19-54-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426, in accordance with Rule 214 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.214 (2018),
within 21 days of the date of issuance of the order.

    Dated: April 5, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-07158 Filed 4-10-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Notices]
[Page 21232]
[FR Doc No: 2014-08430]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-132-000]

Gulf Oil Limited Partnership; Notice of Petition for Declaratory
Order

    Take notice that on April 1, 2014, Gulf Oil Limited Partnership
pursuant to section 207(a)(2) of the Federal Energy Regulatory
Commission's (Commission) Rules of Practice and Procedure, 18 CFR
385.207 (2013) filed a Petition for Declaratory Order for the
construction and operation of a liquefied natural gas (LNG) production
facility which Gulf Oil plans to construct in northeastern Pennsylvania
in order to convert natural gas produced in the Marcellus Shale play
into LNG that will be marketed as vehicular fuel, high horsepower
engine fuel, and as a source of supply for certain local distribution
company peak shaving facilities will not be subject to the Commission's
jurisdiction under Section 7 of the Natural Gas Act and will not make
the owner or operator of that LNG facility a ``natural-gas company''
within the meaning of Section 1(b) of the NGA.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on May 1, 2014.

    Dated: April 8, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-08430 Filed 4-14-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Notices]
[Pages 23723-23733]
[FR Doc No: 2016-09370]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0969]

Authorization of Emergency Use of an In Vitro Diagnostic Device
for Detection of Zika Virus; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
issuance of an Emergency Use Authorization (EUA) (the Authorization)
for an in vitro diagnostic device for detection of Zika virus in
response to the Zika virus outbreak in the Americas. FDA issued this
Authorization under the Federal Food, Drug, and Cosmetic Act (the FD&C
Act), as requested by the U.S. Centers for Disease Control and
Prevention (CDC). The Authorization contains, among other things,
conditions on the emergency use of the authorized in vitro diagnostic
device. The Authorization follows the February 26, 2016, determination
by the Department of Health and Human Services (HHS) Secretary that
there is a significant potential for a public health emergency that has
a significant potential to affect national security or the health and
security of U.S. citizens living abroad and that involves Zika virus.
On the basis of such determination, the HHS Secretary declared on
February 26, 2016, that circumstances exist justifying the
authorization of emergency use of in vitro diagnostic tests for
detection of Zika virus and/or diagnosis of Zika virus infection
subject to the terms of any authorization issued under the FD&C Act.
The Authorization, which includes an explanation of the reasons for
issuance, is reprinted in this document.

DATES: The Authorization is effective as of March 17, 2016.

ADDRESSES: Submit written requests for single copies of the EUA to the
Office of Counterterrorism and Emerging Threats, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 4338, Silver
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist
that office in processing your request or include a fax number to which
the Authorization may be sent. See the SUPPLEMENTARY INFORMATION
section for electronic access to the Authorization.

FOR FURTHER INFORMATION CONTACT: Carmen Maher, Office of
Counterterrorism and Emerging Threats, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 1, Rm. 4347, Silver Spring, MD 20993-
0002,<PHONE_NUMBER> (this is not a toll free number).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 564 of the FD&C Act (21 U.S.C. 360bbb-3) as amended by the
Project BioShield Act of 2004 (Pub. L. 108-276) and the Pandemic and
All-Hazards Preparedness Reauthorization Act of 2013 (Pub. L. 113-5)
allows FDA to strengthen the public health protections against
biological, chemical, nuclear, and radiological agents. Among other
things, section 564 of the FD&C Act allows FDA to authorize the use of
an unapproved medical product or an unapproved use of an approved
medical product in certain situations. With this EUA authority, FDA can
help assure that medical countermeasures may be used in emergencies to
diagnose, treat, or prevent serious or life-threatening diseases or
conditions caused by biological, chemical, nuclear, or radiological
agents when there are no adequate, approved, and available
alternatives.
    Section 564(b)(1) of the FD&C Act provides that, before an EUA may
be issued, the Secretary of HHS must declare that circumstances exist
justifying the authorization based on one of the following grounds: (1)
A determination by the Secretary of Homeland Security that there is a
domestic emergency, or a significant potential for a domestic
emergency,

involving a heightened risk of attack with a biological, chemical,
radiological, or nuclear agent or agents; (2) a determination by the
Secretary of Defense that there is a military emergency, or a
significant potential for a military emergency, involving a heightened
risk to U.S. military forces of attack with a biological, chemical,
radiological, or nuclear agent or agents; (3) a determination by the
Secretary of HHS that there is a public health emergency, or a
significant potential for a public health emergency, that affects, or
has a significant potential to affect, national security or the health
and security of U.S. citizens living abroad, and that involves a
biological, chemical, radiological, or nuclear agent or agents, or a
disease or condition that may be attributable to such agent or agents;
or (4) the identification of a material threat by the Secretary of
Homeland Security under section 319F-2 of the Public Health Service
(PHS) Act (42 U.S.C. 247d-6b) sufficient to affect national security or
the health and security of U.S. citizens living abroad.
    Once the Secretary of HHS has declared that circumstances exist
justifying an authorization under section 564 of the FD&C Act, FDA may
authorize the emergency use of a drug, device, or biological product if
the Agency concludes that the statutory criteria are satisfied. Under
section 564(h)(1) of the FD&C Act, FDA is required to publish in the
Federal Register a notice of each authorization, and each termination
or revocation of an authorization, and an explanation of the reasons
for the action. Section 564 of the FD&C Act permits FDA to authorize
the introduction into interstate commerce of a drug, device, or
biological product intended for use when the Secretary of HHS has
declared that circumstances exist justifying the authorization of
emergency use. Products appropriate for emergency use may include
products and uses that are not approved, cleared, or licensed under
sections 505, 510(k), or 515 of the FD&C Act (21 U.S.C. 355, 360(k),
and 360(e)), or section 351 of the PHS Act (42 U.S.C. 262). FDA may
issue an EUA only if, after consultation with the HHS Assistant
Secretary for Preparedness and Response, the Director of the National
Institutes of Health, and the Director of the CDC (to the extent
feasible and appropriate given the applicable circumstances), FDA \1\
concludes: (1) That an agent referred to in a declaration of emergency
or threat can cause a serious or life-threatening disease or condition;
(2) that, based on the totality of scientific evidence available to
FDA, including data from adequate and well-controlled clinical trials,
if available, it is reasonable to believe that: (A) The product may be
effective in diagnosing, treating, or preventing (i) such disease or
condition; or (ii) a serious or life-threatening disease or condition
caused by a product authorized under section 564, approved or cleared
under the FD&C Act, or licensed under section 351 of the PHS Act, for
diagnosing, treating, or preventing such a disease or condition caused
by such an agent; and (B) the known and potential benefits of the
product, when used to diagnose, prevent, or treat such disease or
condition, outweigh the known and potential risks of the product,
taking into consideration the material threat posed by the agent or
agents identified in a declaration under section 564(b)(1)(D) of the
FD&C Act, if applicable; (3) that there is no adequate, approved, and
available alternative to the product for diagnosing, preventing, or
treating such disease or condition; and (4) that such other criteria as
may be prescribed by regulation are satisfied.
---------------------------------------------------------------------------

    \1\ The Secretary of HHS has delegated the authority to issue an
EUA under section 564 of the FD&C Act to the Commissioner of Food
and Drugs.
---------------------------------------------------------------------------

    No other criteria for issuance have been prescribed by regulation
under section 564(c)(4) of the FD&C Act. Because the statute is self-
executing, regulations or guidance are not required for FDA to
implement the EUA authority.

II. EUA Request for an In Vitro Diagnostic Device for Detection of Zika
Virus

    On February 26, 2016, the Secretary of HHS determined that there is
a significant potential for a public health emergency that has a
significant potential to affect national security or the health and
security of U.S. citizens living abroad and that involves Zika virus.
On February 26, 2016, under section 564(b)(1) of the FD&C Act, and on
the basis of such determination, the Secretary of HHS declared that
circumstances exist justifying the authorization of emergency use of in
vitro diagnostic tests for detection of Zika virus and/or diagnosis of
Zika virus infection, subject to the terms of any authorization issued
under section 564 of the FD&C Act. Notice of the determination and
declaration of the Secretary was published in the Federal Register on
March 2, 2016 (81 FR 10878). On March 14, 2016, CDC requested, and on
March 17, 2016, FDA issued, an EUA for the CDC Trioplex Real-time RT-
PCR Assay (Trioplex rRT-PCR), subject to the terms of the
Authorization.

III. Electronic Access

    An electronic version of this document and the full text of the
Authorization are available on the Internet at http://www.regulations.gov.

IV. The Authorization

    Having concluded that the criteria for issuance of the
Authorization under section 564(c) of the FD&C Act are met, FDA has
authorized the emergency use of an in vitro diagnostic device for
detection of Zika virus subject to the terms of the Authorization. The
Authorization in its entirety (not including the authorized versions of
the fact sheets and other written materials) follows and provides an
explanation of the reasons for its issuance, as required by section
564(h)(1) of the FD&C Act.
BILLING CODE 4164-01-P

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    Dated: April 18, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-09370 Filed 4-21-16; 8:45 am]
 BILLING CODE 4164-01-C