[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Notices]
[Page 60426]
[FR Doc No: 2012-24369]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No., 13475-001]

FFP Project 64 LLC: Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On September 4, 2012, FFP Project 64, LLC filed an application for
a preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of a hydropower project
located on the Mississippi River, near Black Hawk, in Concordia Parish,
Louisiana and Wilkinson County, Mississippi. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed Palmetto Point hydrokinetic project would consist of
the following: (1) Up to 3,552 SmarTurbine generating units installed
in arrays on the bottom of the river; (2) the total capacity of the
installation would be up to 142,080 kilowatts; (3) flexible cables
would convey each arrays power to a metering station; and (4) a
transmission line would interconnect with the power grid. The proposed
project would have an average annual generation of 323,122,000
kilowatt-hours (kWh), which would be sold to a local utility.
    Applicant Contact: Ramya Swaminathan, Free Flow Power Corporation,
239 Causeway Street, Boston, MA 02114; phone<PHONE_NUMBER>.
    FERC Contact: Michael Spencer,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13475) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: September 27, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-24369 Filed 10-2-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Rules and Regulations]
[Pages 61233-61236]
[FR Doc No: 2022-21949]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0888; Project Identifier MCAI-2021-01211-R;
Amendment 39-22191; AD 2022-20-07]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-10-10
for all Airbus Helicopters Model SA330J helicopters. AD 2021-10-10
required repetitively inspecting the main gearbox (MGB) particle
detector and the MGB bottom housing (oil sump) for metal particles,
analyzing any metal particles that are found, and replacing the MGB if
necessary. Since the FAA issued AD 2021-10-10, additional review
concluded that installing an improved planet gear assembly is
necessary. This AD continues to require repetitively inspecting the MGB
particle detector and the MGB bottom housing (oil sump) for metal
particles, and analyzing any metal particles that are found, and also
requires replacing the planet gear assembly and repetitively inspecting
and establishing an airworthiness limitation for that assembly as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective November 15, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 15,
2022.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0888; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, any comments received, and other
information. The address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For EASA material that is incorporated by reference (IBR)
in this final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999 000; email: [email protected];
internet: easa.europa.eu. You may find the EASA material on the EASA
website at ad.easa.europa.eu.
     You may view this this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2022-0888.

FOR FURTHER INFORMATION CONTACT: Mahmood G. Shah, Aviation Safety
Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood Pkwy., Fort Worth,
TX 76177; phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-10-10, Amendment 39-21543 (86 FR
27271, May 20, 2021) (AD 2021-10-10). AD 2021-10-10 applied to all
Airbus Helicopters Model SA330J helicopters. AD 2021-10-10 required
repetitively inspecting the MGB particle detector and the MGB bottom
housing (oil sump) for metal particles, analyzing any metal particles
that are found, and replacement of the MGB if necessary. AD 2021-10-10
was prompted by EASA AD 2018-0272, dated December 13, 2018 (EASA AD
2018-0272), issued by EASA, which is the Technical Agent for the Member
States of the European Union, to correct an unsafe condition for all
Airbus Helicopters Model SA 330 J helicopters. The FAA issued AD 2021-
10-10 to address failure of an MGB second stage planet gear, which
could result in failure of the MGB and subsequent loss of control of
the helicopter.
    The NPRM published in the Federal Register on July 21, 2022 (87 FR
43453). The NPRM was prompted by EASA AD 2021-0239, dated November 5,
2021 (EASA AD 2021-0239). EASA AD 2021-0239 supersedes EASA AD 2018-
0272 and continues to require repetitively inspecting the MGB particle
detector and the MGB bottom housing (oil sump) for metal particles, and
analyzing any metal particles that are found. EASA AD 2021-0239 also
requires installing an MGB equipped with a new second-stage planet gear
assembly part number (P/N) 330A32-9861-02 (mod 0751091) or modifying an
affected MGB by having the second stage planet gear assembly replaced
by an Airbus Helicopters qualified technician; and extends the
compliance time for the repetitive MGB bottom housing (oil sump)
inspections and establishes a life limit for post-mod 0751091
helicopters.
    You may examine EASA AD 2021-0239 in the AD docket at
regulations.gov under Docket No. FAA-2022-0888.
    In the NPRM, the FAA proposed to require accomplishing the actions
specified in EASA AD 2021-0239, described previously, as incorporated
by reference, except for any differences identified as exceptions in
the regulatory text of this AD and except as discussed under
``Differences Between this AD and the EASA AD.''

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
its AD referenced above. The FAA reviewed the relevant data and
determined that air safety requires adopting this AD as proposed.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products. Except for minor editorial changes, this AD is
adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2021-0239, which supersedes EASA AD 2018-
0272 and continues to require repetitively inspecting the MGB particle
detector and the MGB bottom housing (oil sump) for metal particles, and
analyzing any metal particles that are found. EASA AD 2021-0239 also
requires installing an MGB equipped with a new second-stage planet gear
assembly P/N 330A32-9861-02 (mod 0751091) or modifying an affected MGB
by having the second stage planet gear assembly replaced by an Airbus
Helicopters qualified technician; and extends the compliance time for
the repetitive MGB bottom housing (oil sump) inspections and
establishes a life limit for post-mod 0751091 helicopters.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.

Other Related Service Information

    The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB)
No. SA330-05.103, Revision 3, dated October 4, 2021. This service
information specifies procedures for checking (inspecting) the MGB
particle detector and the bottom housing (oil sump) to ensure that
there are no particles, and for particle analysis.
    The FAA also reviewed Airbus Helicopters ASB No. SA330-65.139,
Revision 0, dated October 4, 2021 (ASB SA330-65.139). This service
information specifies procedures for installing an MGB equipped with a
new second-stage planet gear assembly P/N 330A32-9861-02 (mod 0751091)
and the alternate action of having the second stage planet gear
assembly replaced by an Airbus Helicopters qualified technician. The
new second stage planet gear assembly has improved stress and fatigue
characteristics. ASB SA330-65.139 also establishes an airworthiness
limitation of 2,750 flight hours for all post-mod 0751091 planet gear
assemblies.

Differences Between This AD and the EASA AD

    EASA AD 2021-0239 requires certain actions be done after the last
flight of the day or ``ALF,'' whereas this AD requires doing those
actions before the first flight of the day. EASA AD 2021-0239 requires
contacting the manufacturer if unsure about the characterization of the
particles collected, whereas this AD does not. If there are any 16NCD13
particles, EASA AD 2021-0239 requires contacting the manufacturer and
sending a 1-liter sample of oil to the manufacturer, whereas this AD
does not. EASA AD 2021-0239 requires returning certain parts to the
manufacturer, whereas this AD does not. EASA AD 2021-0239 allows the
option of modifying an affected MGB by having the second stage planet
gear assembly replaced by an Airbus Helicopters qualified technician,
whereas this AD allows that modification with certain approvals
instead. EASA AD 2021-0239 allows different methods to accomplish the
oil sump inspection, whereas this AD requires a certain method. EASA AD
2021-0239 requires discarding certain parts, whereas this AD requires
removing those parts from service instead.

Costs of Compliance

    The FAA estimates that this AD affects 15 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    Inspecting the MGB particle detector takes about 0.25 work-hour for
an estimated cost of $21 per helicopter and $315 for the U.S. fleet,
per inspection cycle. Inspecting the MGB bottom housing (oil sump)
takes up to about 4 work-hours for an estimated cost of $340 per
helicopter and $5,100 for the U.S. fleet, per inspection cycle.
    Replacing a second stage planet gear assembly takes about 100 work-
hours and parts cost about $121,140 for an estimated cost of $129,640
per helicopter and $1,944,600 for the U.S. fleet, per replacement
cycle.

Alternatively, replacing an MGB takes about 100 work-hours and parts
cost about $600,000 (overhauled) for an estimated cost of $608,500 per
helicopter.

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.
    The FAA is 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

    The FAA has determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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 Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:
0
a. Removing Airworthiness Directive 2021-10-10, Amendment 39-21543 (86
FR 27271, May 20, 2021); and
0
b. Adding the following new airworthiness directive:

2022-20-07 Airbus Helicopters: Amendment 39-22191; Docket No. FAA-
2022-0888; Project Identifier MCAI-2021-01211-R.

(a) Effective Date

    This airworthiness directive (AD) is effective November 15,
2022.

(b) Affected ADs

    This AD replaces AD 2021-10-10, Amendment 39-21543 (86 FR 27271,
May 20, 2021).

(c) Applicability

    This AD applies to all Airbus Helicopters Model SA330 J
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6320, Main Rotor
Gearbox.

(e) Unsafe Condition

    This AD was prompted by a failure of a second stage planet gear
installed in the main gearbox (MGB). The FAA is issuing this AD to
address failure of an MGB second stage planet gear, which could
result in failure of the MGB and subsequent loss of control of the
helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0239, dated November 5, 2021 (EASA AD 2021-0239).

(h) Exceptions to EASA AD 2021-0239

    (1) Where EASA AD 2021-0239 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0239 refers to March 30, 2018 (the
effective date of EASA AD 2018-0065, dated March 23, 2018), this AD
requires using the effective date of this AD.
    (3) Where EASA AD 2021-0239 refers to December 27, 2018 (the
effective date of EASA AD 2018-0272, dated December 13, 2018), this
AD requires using the effective date of this AD.
    (4) Where EASA AD 2021-0239 refers to flight hours (FH), this AD
requires using hours time-in-service (TIS).
    (5) Where EASA AD 2021-0239 specifies actions be done after the
last flight of the day or ``ALF,'' this AD requires doing those
actions before the first flight of the day.
    (6) Where paragraph (1) of EASA AD 2021-0239 specifies to
inspect the MGB particle detector ``in accordance with the
instructions of Section 3 of the inspection ASB'' for this AD
replace that phrase with ``by following the Accomplishment
Instructions, paragraph 3.B.2.a., of the inspection ASB.''
    (7) Where paragraph (2) of EASA AD 2021-0239 specifies to
inspect the MGB bottom housing (oil sump) ``in accordance with the
instructions of Section 3 of the inspection ASB'' for this AD
replace that phrase with ``by following the Accomplishment
Instructions, paragraph 3.B.2.b. of the inspection ASB.''
    (8) Where the service information referenced in EASA AD 2021-
0239 specifies to perform a metallurgical analysis and contact the
manufacturer if unsure about the characterization of the particles
collected, this AD does not require contacting the manufacturer to
determine the characterization of the particles collected.
    (9) Although the service information referenced in EASA AD 2021-
0239 specifies that if any 16NCD13 particles are found to contact
the manufacturer and send a 1-liter sample of oil to the
manufacturer, this AD does not require that action.
    (10) Although the service information referenced in EASA AD
2021-0239 specifies returning certain parts to the manufacturer,
this AD does not require that action.
    (11) Where paragraph (5) of EASA AD 2021-0239 allows modifying
an affected MGB by having the second stage planet gear assembly
replaced by an Airbus Helicopters qualified technician, this AD does
not allow that action; instead of that action, this AD allows
modifying an affected MGB in accordance with a method approved by
the Manager, General Aviation & Rotorcraft Section, International
Validation Branch, FAA; or EASA; or Airbus Helicopters EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (12) Although the service information referenced in EASA AD
2021-0239 specifies discarding certain parts, this AD requires
removing the parts from service.
    (13) The ``Remarks'' section of EASA AD 2021-0239 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0239
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the helicopter to a location where the
helicopter can be modified, provided that the helicopter is operated
during the day, under visual flight rules, and with no passengers
onboard.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, 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 manager of the International Validation Branch, send it to the
attention of the person identified in paragraph (l) of this AD.
Information may be emailed to: [email protected].
    (2) 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.

(l) Related Information

    For more information about this AD, contact Mahmood G. Shah,
Aviation Safety Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood
Pkwy, Fort Worth, TX 76177; phone:<PHONE_NUMBER>; email:
[email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0239,
dated November 5, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0239, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet easa.europa.eu. You may find the EASA
material on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket at regulations.gov by searching for and
locating Docket No. FAA-2022-0888.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 16, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-21949 Filed 10-7-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Notices]
[Pages 67013-67015]
[FR Doc No: 2011-27887]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65603; File No. SR-BX-2011-071]

 Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing of Proposed Rule Change With Respect to an Amendment to the By-
Laws of The NASDAQ OMX Group, Inc.

October 21, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 11, 2011, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    BX is filing this proposed rule change with respect to an amendment
to the by-laws of its parent corporation, The NASDAQ OMX Group, Inc.
(``NASDAQ OMX''). 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. The proposed amendments will

be implemented upon approval by the Commission.

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. The
text of these 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 aspects of such
statements.

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

1. Purpose
    NASDAQ OMX is proposing amendments to provisions of its by-laws
pertaining to the composition of committees of the NASDAQ OMX Board of
Directors. First, NASDAQ OMX is amending the compositional requirements
of its Audit Committee in Section 4.13(g) to provide that the committee
shall include three or more directors. Currently, the provision
provides that the Audit Committee shall be composed of either four or
five directors. The change will provide the NASDAQ OMX Board of
Directors, which has authority to establish the size of each committee
of the Board of Directors, with flexibility to increase or decrease the
size of the committee, as long as the committee includes at least three
directors. The listing standards of the NASDAQ Stock Market, which
apply to NASDAQ OMX as a listed company, require that NASDAQ OMX's
Audit Committee must have at least three members.\3\ The amendment
would not change any of the other compositional requirements of the
Audit Committee, including independence requirements.
---------------------------------------------------------------------------

    \3\ NASDAQ IM-4605-3. [sic]
---------------------------------------------------------------------------

    Similarly, NASDAQ OMX is proposing to amend the compositional
requirements of the Nominating & Governance Committee in Section
4.13(h) to replace a requirement that the committee comprise four or
five members with a requirement to include two or more members, thereby
creating flexibility to populate a larger or a smaller committee than
is currently the case. NASDAQ Stock Market listing standards do not
regulate the size of a listed company's nominating committee. The
amendment would not change any of the other compositional requirements
of the Nominating & Governance Committee, including independence
requirements.
    BX expects that the NASDAQ OMX Board of Directors will, in the
immediate future, use the modified authority to increase the size of
the Nominating & Governance Committee to six directors, but will not
modify the size of the Audit Committee at this time. It is likely that
the authority would be used to reduce the size of these committees
below their current levels only in the event of a reduction in the
overall size of the NASDAQ OMX Board of Directors (which currently has
16 members). The Audit Committee supervises the audit function with
respect to NASDAQ OMX and all of its subsidiaries, including BX, but
the Nominating & Governance Committee does not perform a nominating
function with respect to NASDAQ OMX's subsidiaries.
    Third, NASDAQ OMX proposes to delete a paragraph of the by-laws
(Section 4.13(k)) that pertains to the qualifications of committee
members who are not directors. This provision was originally adopted by
NASDAQ OMX's predecessor corporation, The Nasdaq Stock Market, Inc.,
when it was a subsidiary and facility of the National Association of
Securities Dealers, Inc. (``NASD''). In that capacity, The Nasdaq Stock
Market, Inc. appointed committees that included non-directors and that
exercised authority provided for under NASD rules. For example, at that
time, the Board of Directors of The Nasdaq Stock Market, Inc. appointed
the Nasdaq Listing and Hearing Review Council, a committee composed of
non-directors with authority to review listing decisions with respect
to companies with securities listed on The Nasdaq Stock Market, which
was then a facility of NASD.
    In 2005, The NASDAQ Stock Market LLC (``NASDAQ'') was formed as a
subsidiary [sic] The Nasdaq Stock Market, Inc., and in 2006, NASDAQ was
registered as a national securities exchange. The Nasdaq Stock Market,
Inc., which had already issued stock to the public, became a holding
company, and in 2007, it ceased operating as a facility of NASD or
NASDAQ. Subsequently, following the acquisition of OMX AB, The Nasdaq
Stock Market, Inc. became NASDAQ OMX. As a public holding company,
NASDAQ OMX no longer appoints committees that include non-directors.
Accordingly, the provision with respect to the qualifications of non-
directors is obsolete and may appropriately be deleted.
    Finally, NASDAQ OMX is correcting a typographical error in the
numbering of the provisions of Section 4.13(h) of the by-laws.
2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\4\ in general, and with Sections
6(b)(1) and (b)(5) of the Act,\5\ in particular, in that the proposal
enables BX to be so organized and to have the capacity to be able to
carry out the purposes of the Act and to comply with and enforce
compliance by members and persons associated with members with
provisions of the Act, the rules and regulations thereunder, and BX
rules, and is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(1), (5).
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    BX believes that the proposed amendments are non-controversial. The
proposal to modify the compositional requirements of the NASDAQ OMX
Audit Committee and Nominating & Governance Committee will provide the
NASDAQ OMX Board of Directors with greater flexibility to determine the
appropriate size for these committees, while maintaining compliance
with applicable listing standards. BX expects that the NASDAQ OMX Board
of Directors will, in the immediate future, use the modified authority
to increase the size of the Nominating & Governance Committee to six
directors, but will not modify the size of the Audit Committee at this
time. The proposed changes also delete an obsolete provision from the
by-laws and correct a typographical error.

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 not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2011-071 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-2011-071. 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 such filing also will be available for
inspection and copying at the principal office of BX. 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 publicly available. All
submissions should refer to File Number SR-BX-2011-071 and should be
submitted on or before November 18, 2011.
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    \6\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority. \6\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-27887 Filed 10-27-11; 8:45 am]
BILLING CODE 8011-01-P