[Federal Register Volume 84, Number 157 (Wednesday, August 14, 2019)]
[Notices]
[Page 40432]
[FR Doc No: 2019-17435]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4449-DR; Docket ID FEMA-2019-0001]

Kansas; Amendment No. 3 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Kansas (FEMA-4449-DR), dated June 20, 2019, and
related determinations.

DATES: This amendment was issued August 5, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Kansas is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of June 20, 2019.

    Brown, Ness, Osborne, Smith, Stafford, Wallace, and Wyandotte
Counties for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-17435 Filed 8-13-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Notices]
[Pages 12982-12986]
[FR Doc No: 2018-06031]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82917; File No. SR-FICC-2018-002]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Order Approving Proposed Rule Change To Amend the By-Laws

March 20, 2018.
    On February 2, 2018, Fixed Income Clearing Corporation (``FICC'')
filed with the Securities and Exchange Commission (``Commission'')
proposed rule change SR-FICC-2018-002, pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder.\2\ The proposed rule change was published for comment in
the Federal Register on February 14, 2018.\3\ The Commission did not
receive any comment letters on the proposed rule change. For the
reasons discussed below, the Commission approves the proposed rule
change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 82672 (February 8,
2018), 83 FR 6654 (February 14, 2018) (SR-FICC-2018-002)
(``Notice'').
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I. Description of the Proposed Rule Change

    The proposed rule change would amend the FICC By-Laws (``By-Laws'')
\4\ to (1) change certain FICC Board of Directors (``Board'') titles,
officer titles, and offices (and their respective powers and duties),
(2) update the compensation section for officers, and (3) make
technical changes and corrections, each discussed more fully below. The
proposed rule change would also amend the GSD Rules and the MBSD Rules
to incorporate, by reference, the By-Laws and the Certificate of
Incorporation. Finally, the proposed rule change would restate the
Certificate of Incorporation to streamline the document.
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    \4\ As discussed below, FICC's By-Laws and FICC's Certificate of
Incorporation (``Certificate of Incorporation'') would each be
incorporated by reference into FICC's Government Securities Division
(``GSD'') Rulebook (``GSD Rules'') and Mortgage-Backed Securities
Division (``MBSD'') Rulebook (``MBSD Rules''), available at http://www.dtcc.com/legal/rules-and-procedures.
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A. Changes to Certain Titles, Offices, and Related Powers and Duties

    FICC proposes changes to the titles, offices, and related powers
and duties of certain Board and officer personnel, as further described
below.
1. Non-Executive Chairman of the Board
    FICC proposes to replace the title of ``Chairman of the Board''
with the title of ``Non-Executive Chairman of the Board.'' \5\ FICC
proposes to change its By-Laws to reflect that this position is held by
a non-executive.\6\ Therefore, FICC would change relevant references in
the By-Laws from ``Chairman'' and ``Chairman of the Board'' to ``Non-
Executive Chairman of the Board.'' \7\ FICC also would delete certain
references in the By-Laws to the Non-Executive Chairman of the Board as
a member of FICC management because the position is no longer in
management.\8\
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    \5\ Notice, 83 FR at 6654.
    \6\ Id.
    \7\ Id.
    \8\ Notice, 83 FR at 6655.
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    In the proposed Section 2.8 (Non-Executive Chairman of the Board),
FICC would identify the powers and duties of the Non-Executive Chairman
of the Board, including (1) general responsibility for carrying out the
policies of the Board, (2) general supervision of the Board and its
activities and general leadership of the Board, (3) presiding over
stockholders' meetings (when present), and (4) such other powers and
duties as the Board may designate.\9\ Proposed Section 2.8 (Non-
Executive Chairman of the Board) also would include a provision stating
that a presiding director (as elected by the Board) shall preside at
all stockholders and Board meetings when the Non-Executive Chairman of
the Board is absent.\10\ Additionally,

Proposed Section 2.8 (Non-Executive Chairman of the Board) would
provide that the Non-Executive Chairman of the Board's performance of
any enumerated duty shall be conclusive evidence of his power to
act.\11\
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    \9\ Id.
    \10\ Id. This provision is designed to correct an inaccuracy in
current By-Laws Section 3.3 (Powers and Duties of the President),
which gives presiding authority over stockholder meetings to the
President when the Chairman of the Board is absent. Proposed Section
2.8 (Non-Executive Chairman of the Board) would be consistent with
the Mission Statement and Charter of the Depository Trust
Corporation (``DTC''), FICC, National Securities Clearing
Corporation (``NSCC''), and the Depository Trust and Clearing
Corporation (``DTCC''), which gives presiding authority over
stockholder meetings to a presiding director when the Non-Executive
Chairman of the Board is absent. DTC, FICC, and NSCC are
subsidiaries of DTCC, each having the same Board of Directors as
DTCC. See Securities Exchange Act Release No. 74142 (January 27,
2015), 80 FR 5188 (January 30, 2015) (SR-FICC-2014-810, SR-NSCC-
2014-811, SR-DTC-2014-812).
    \11\ Notice, 83 FR at 6655.
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    The proposal also identifies the individuals to whom the Non-
Executive Chairman may assign duties. In proposed Section 3.2 (Powers
and Duties of the President and Chief Executive Officer), the Non-
Executive Chairman of the Board would have the authority to designate
powers and duties to the President and Chief Executive Officer
(``CEO'').\12\ In proposed Section 3.2 (Powers and Duties of Managing
Directors), FICC also would add the Non-Executive Chairman of the Board
to the list of individuals who have the ability to assign powers and
duties to Managing Directors.\13\ Finally, in proposed Section 3.4
(Powers and Duties of the Secretary), the Non-Executive Chairman of the
Board (i.e., not the President and CEO) would have the authority to
assign additional powers and duties to the Secretary.\14\
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    \12\ Id.
    \13\ Id.
    \14\ Id.
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2. Office of the CEO
    FICC proposes to revise the By-Laws to reflect that one individual
holds the office of the President and CEO. As such, the proposal would
change the By-Laws to add the office of the CEO and combine the office
of the President and the office of the CEO into one office (President
and CEO).\15\ While current Section 3.3 (Powers and Duties of the
President) provides that the President shall be the CEO, current
Section 3.1 (General Provisions) does not include CEO in the list of
designated officer positions, though President is currently included in
this list.\16\ Therefore, FICC proposes to revise the relevant
references in the By-Laws from President to President and CEO.\17\
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    \15\ Id.
    \16\ Id.
    \17\ Notice, 83 FR at 6656.
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    Additionally, FICC proposes to make several By-Laws revisions to
reflect the responsibilities for the consolidated role of President and
CEO.\18\ First, FICC would delete and replace current Section 3.3
(Powers and Duties of the President) with proposed Section 3.2 (Powers
and Duties of the President and CEO).\19\ Proposed Section 3.2 (Powers
and Duties of the President and CEO) would clarify the powers and
duties associated with the role of President and CEO.\20\ For example,
in proposed Section 3.2 (Powers and Duties of the President and CEO)
the President and CEO would have general supervision over the overall
business strategy, business operations, systems, customer outreach, as
well as risk management, control, and staff functions, subject to the
direction of the Board and the Non-Executive Chairman of the Board.\21\
In addition, because the office of the Chief Operating Officer
(``COO'') would be eliminated (as described further below), the current
COO responsibility of general supervision over FICC's operations in
current Section 3.4 (Powers and Duties of the Chief Operating Officer)
would be assigned to the President and CEO.\22\ Proposed Section 3.2
(Powers and Duties of the President and CEO) would also delineate the
authority that the Non-Executive Chairman of the Board has over the
President and CEO by stating that the latter would have such other
powers and perform such other duties as the Board or the Non-Executive
Chairman of the Board may designate.\23\
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    \18\ Id.
    \19\ Id.
    \20\ Id.
    \21\ Id.
    \22\ Id.
    \23\ Id.
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    FICC also proposes to reassign or reclassify several
responsibilities currently assigned to the President.\24\ Specifically,
the responsibility for executing the Board's policies would be assigned
to the Non-Executive Chairman of the Board rather than to the President
and CEO.\25\ Additionally, FICC would remove the statement
``performance of any such duty by the President shall be conclusive
evidence of his power to act'' in current Section 3.3 (Powers and
Duties of the President).\26\
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    \24\ Id.
    \25\ Id.
    \26\ Id.
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    As mentioned above, FICC would delete language from the By-Laws
stating that, in the absence of the Chairman of the Board, the
President shall preside at all meetings of shareholders and all Board
meetings (when present).\27\ Similarly, FICC would delete language from
the By-Laws stating that the President and Board currently have the
authority to assign powers and duties to the Comptroller in current
Section 3.8 (Powers and Duties of the Comptroller), as discussed
below.\28\ In proposed Section 3.5 (Powers and Duties of the Chief
Financial Officer) the President and CEO and Board would have the
authority to assign duties to the Chief Financial Officer
(``CFO'').\29\
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    \27\ Id. As stated above, that power resides with the presiding
director who is elected annually by the Board. See supra note 20.
    \28\ Notice, 83 FR at 6656.
    \29\ Id.
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    The proposal also removes certain responsibilities from the
President. In proposed Section 3.4 (Powers and Duties of the
Secretary), the power to assign additional powers and duties to the
Secretary would be removed from the President and granted to the Non-
Executive Chairman of the Board.\30\
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    \30\ Id.
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3. Office of the CFO; Office of the Comptroller
    The proposal would add the office of the CFO and assign to the CFO
general supervision of the financial operations of FICC.\31\ References
in the By-Laws to the Comptroller would be deleted because FICC states
that it neither has a Comptroller nor plans to appoint one.\32\ In
proposed Section 3.5 (Powers and Duties of the Chief Financial Officer)
the CFO would be granted overall supervision authority over the
financial operations of FICC, and upon request, the CFO would counsel
and advise other officers of FICC and perform other duties as agreed
with the President and CEO (or as determined by the Board).\33\ The
proposal also provides that the CFO would report directly to the
President and CEO.\34\ Furthermore, because the Treasurer would
directly report to the CFO, proposed Section 3.6 (Powers and Duties of
the Treasurer) would provide that the Treasurer would have all such
powers and duties as generally are incident to the position of
Treasurer or as the CFO (in addition to the President and CEO and the
Board) may assign.\35\
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    \31\ Id.
    \32\ Id.
    \33\ Id.
    \34\ Id.
    \35\ Id.
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4. Office of the COO
    In this proposal, FICC would delete references in the By-Laws to
the COO because FICC states that it no longer has a COO and has no
plans to appoint one.\36\
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    \36\ Notice, 83 FR at 6657.
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5. Executive Director; Vice President
    In this proposal, FICC would change the title of Vice President to
Executive Director, and update the Executive Director position's
related powers and duties to reflect the position's seniority
level.\37\ In FICC's organizational structure, Executive Directors
report to Managing Directors.\38\ Due to this level

of seniority, FICC proposes to remove provisions in the By-Laws that
previously allowed Vice Presidents (now, Executive Directors) to call
special meetings of shareholders, to sign share certificates, or to
preside over shareholder meetings unless specifically designated to do
so by the Board.\39\
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    \37\ Id.
    \38\ Id.
    \39\ Id.
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6. Other Changes to the Powers and Duties of the Board and Certain
Other Designated Officers
    In proposed Section 3.1 (General Provisions), FICC proposes to add
a parenthetical phrase to clarify that the Board's power to appoint
other officers includes, but is not limited to, the power to appoint a
Vice Chairman of the Corporation and one or more Executive
Directors.\40\ Additionally, in current Section 3.1 (General
Provisions), FICC proposes to clarify that neither the Secretary nor
any Assistant Secretary can hold the following offices (1) Vice
Chairman of the Corporation or (2) President and CEO.\41\
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    \40\ Id.
    \41\ Id.
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    The proposal also enumerates the responsibilities of FICC's
Managing Directors.\42\ In proposed Section 1.8 (Presiding Officer and
Secretary), Managing Directors would be removed from the list of
officers authorized to preside over a stockholders' meeting unless
specifically authorized by the Board.\43\ Similarly, in proposed
Section 2.6 (Meetings), Managing Directors would be added to the list
of officers authorized to call special meetings of the Board.\44\
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    \42\ Id.
    \43\ Id.
    \44\ Id.
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    FICC also proposes to amend the By-Laws to remove specific powers
from the Treasurer and Assistant Treasurer.\45\ In current Section 5.1
(Certificates of Shares), FICC proposes to delete the reference to
Treasurer and Assistant Treasurer from the list of authorized
signatories because FICC expects the Secretary or Assistant Secretary
(who are each currently listed as authorized signatories) to sign any
share certificates.\46\
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    \45\ Id.
    \46\ Id.
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B. Compensation of the President and CEO

    Proposed Section 3.10 (Compensation of the President and CEO) would
reflect FICC's current compensation-setting practices. Current Section
3.12 (Compensation of Officers) states that (1) the compensation, if
any, of the Chairman of the Board, and the President shall be fixed by
a majority (which shall not include the Chairman of the Board or the
President) of the entire Board of Directors, and (2) salaries of all
other officers shall be fixed by the President with the approval of the
Board and no officer shall be precluded from receiving a salary because
he is also a director.\47\ FICC proposes to state that the Compensation
Committee of the Corporation will recommend the compensation for the
President and CEO to the Board of Directors for approval.\48\ In
addition, FICC also proposes to delete the language stating that (1)
salaries of all other officers shall be fixed by the President with
approval of the Board, and (2) no officer shall be precluded from
receiving a salary because he is also a director.\49\ FICC proposes to
delete compensation-related references to the Chairman of the Board
because the Non-Executive Chairman of the Board does not receive
compensation.\50\ Finally, FICC proposes to change the title of
proposed Section 3.10 from ``Compensation of Officers'' to
``Compensation of the President and Chief Executive Officer'' because
this section would no longer address the compensation of officers other
than the President and CEO.\51\
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    \47\ Id.
    \48\ Notice, 83 FR at 6657-58. FICC states that it proposes this
change for consistency with the DTCC/DTC/FICC/NSCC Compensation and
Human Resources Committee Charter. Id. at 6658.
    \49\ Notice, 83 FR at 6658.
    \50\ Id.
    \51\ Id.
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C. Technical Changes and Corrections

    FICC proposes technical changes and/or corrections to the By-Laws
for clarity and readability, as described below.\52\
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    \52\ Id.
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1. Statutory References and Requirements
    FICC would delete direct statutory references from the By-Laws.\53\
FICC states that it would make this change to have the By-Laws remain
consistent and accurate despite any changes to a specifically cited
statute.\54\
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    \53\ Id.
    \54\ Id.
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2. Other Technical Changes and Corrections
    FICC proposes to make additional technical and grammatical changes
to address (1) typographical errors, (2) section numbering, (3)
grammatical errors, (4) heading consistency, and (5) gender
references.\55\
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    \55\ Id.
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D. Proposed Changes to the Rules

    FICC proposes to add a section entitled ``By-Laws and Restated
Certificate of Incorporation'' to both the GSD Rules and the MBSD
Rules.\56\ FICC proposes that this section would state that the By-Laws
and Restated Certificate of Incorporation are incorporated by
reference.\57\
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    \56\ Id.
    \57\ Id.
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E. Proposed Changes to the Certificate of Incorporation

    FICC proposes to restate the Certificate of Incorporation into one
document.\58\ Specifically, FICC proposes to update the Certificate of
Incorporation by including all of its amendments into one updated
Certificate of Incorporation.\59\
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    \58\ Id.
    \59\ Id.
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II. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and rules and regulations thereunder applicable to such
organization.\60\ The Commission believes the proposal is consistent
with the Act, specifically Section 17A(b)(3)(F) of the Act and Rules
17Ad-22(e)(1) and, in part, (2) under the Act.\61\
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    \60\ 15 U.S.C. 78s(b)(2)(C).
    \61\ 15 U.S.C. 78q-1(b)(3)(F); 17 CFR 240.17Ad-22(e)(1) and (2).
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A. Section 17A(b)(3)(F) of the Act

    Section 17A(b)(3)(F) of the Act requires, in part, that the rules
of a clearing agency, such as FICC, be designed to protect the public
interest.\62\ As discussed above, the proposed rule change would make a
number of updates to the By-Laws.
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    \62\ 15 U.S.C. 78q-1(b)(3)(F).
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    First, FICC proposes to revise FICC's description of the titles and
responsibilities of its Board and senior management to match FICC's
current corporate structure. These changes would help the Board, as
well as FICC's management, employees, and members, understand which
officer or office is responsible for each of FICC's executive-level
functions.
    Second, the proposal would update the compensation-setting section
of the By-Laws to reflect the Compensation Committee Charter practice,
as well as to reflect that the Non-Executive Chairman of the Board
would not receive compensation. The proposal's

increased clarity around compensation-setting would better inform FICC
stakeholders and the general public about how FICC sets the level of
compensation for its highest-level executive (the President and CEO)
and that the Non-Executive Chairman does not draw a salary.
    Third, FICC's proposed technical changes and corrections to its By-
Laws would enhance the clarity, transparency, and readability of FICC's
organizational documents. In this way, the proposal would better enable
the Board, as well as FICC's management, employees, and members, to
understand their respective authorities, rights, and obligations
regarding FICC's clearance and settlement of securities transactions.
    Fourth, FICC's proposed addendum would incorporate the By-Laws and
Certificate of Incorporation into the Rules. This change would increase
the clarity and transparency of FICC's organizational documents by
integrating the By-Laws and the Certificate of Incorporation into the
Rules, to which all FICC members are subject and have access.
    Finally, FICC's proposed restatement of the Certificate of
Incorporation would revise the Certificate of Incorporation to include
all of its amendments in one updated document. This change would
increase the clarity and transparency of FICC's constitutional document
by consolidating all of its amendment into a single document,
increasing its accessibility and readability for FICC's members.
    Governance arrangements are critical to the sound operation of
clearing agencies.\63\ Specifically, clear and transparent governance
documents promote accountability and reliability in the decisions,
rules, and procedures of a clearing agency.\64\ Clear and transparent
governance documents also provide interested parties, including owners,
members, and general members of the public, with information about how
a clearing agency's decisions are made and what the rules and
procedures are designed to accomplish.\65\ Further, the decisions,
rules, and procedures of a clearing agency are important, as they can
have widespread impact, affecting multiple market members, financial
institutions, markets, and jurisdictions.\66\
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    \63\ Securities Exchange Act Release No. 71699 (May 21, 2014),
79 FR 29508 (May 22, 2014) (``Covered Clearing Agency Standards
Proposing Release'') at 29521.
    \64\ Securities Exchange Act Release No. 64017 (March 3, 2011),
76 FR 14472 (March 16, 2011) at 14488.
    \65\ Id.
    \66\ Covered Clearing Agency Standards Proposing Release, 79 FR
at 29521.
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    As stated above, the proposed rule change would provide FICC
stakeholders with a better understanding of how FICC makes decisions
that could ultimately affect the financial system. Such transparency
helps ensure that FICC reliably makes decisions and follows clearly
articulated policies and procedures. Accordingly, the Commission finds
that the proposed rule change is designed to enhance the clarity and
transparency of FICC's organizational documents, which would help
protect the public interest, consistent with Section 17A(b)(3)(F) of
the Act.\67\
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    \67\ 15 U.S.C. 78q-1(b)(3)(F).
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B. Rule 17Ad-22(e)(1) Under the Act

    Rule 17Ad-22(e)(1) under the Act requires a covered clearing agency
\68\ to establish, implement, maintain, and enforce written policies
and procedures reasonably designed to provide for a well-founded,
transparent, and enforceable legal basis for each aspect of its
activities in all relevant jurisdictions.\69\
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    \68\ A ``covered clearing agency'' means, among other things, a
clearing agency registered with the Commission under Section 17A of
the Exchange Act (15 U.S.C. 78q-1 et seq.) that is designated
systemically important by the Financial Stability Oversight Counsel
(``FSOC'') pursuant to the Payment, Clearing, and Settlement
Supervision Act of 2010 (12 U.S.C. 5461 et seq.). See 17 CFR
240.17Ad-22(a)(5)-(6). On July 18, 2012, FSOC designated FICC as
systemically important. U.S. Department of the Treasury, ``FSOC
Makes First Designations in Effort to Protect Against Future
Financial Crises,'' available at https://www.treasury.gov/press-center/press-releases/Pages/tg1645.asp. Therefore, FICC is a covered
clearing agency.
    \69\ 17 CFR 240.17Ad-22(e)(1).
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    As discussed above, the proposed rule change would update the By-
Laws by (1) updating FICC's description of the titles and
responsibilities of its Board and senior management to match FICC's
current corporate structure, (2) documenting FICC's current
compensation-setting process, and (3) enacting technical corrections to
increase readability. The proposed rule change would also add an
addendum to the Rules to incorporate the By-Laws and the Certificate of
Incorporation by reference, as well as to restate the Certificate of
Incorporation to include all of its amendments in one updated document.
    The proposed changes are designed to help ensure that the By-Laws
better reflect FICC's governance practices, as well as to organize
FICC's constitutional documents, in a clear, transparent, and
consistent manner. This increased transparency would help convey to
FICC's stakeholders, and the public generally, a key legal basis for
the activities of the highest levels of FICC's leadership described in
the By-Laws. Therefore, the Commission finds that the proposed rule
change is designed to help ensure that FICC's organizational documents
remain well-founded, transparent, and legally enforceable in all
relevant jurisdictions, consistent with Rule 17Ad-22(e)(1) under the
Act.\70\
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    \70\ Id.
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C. Rule 17Ad-22(e)(2)(i) and (v) under the Act

    Rule 17Ad-22(e)(2)(i) and (v) under the Act requires that FICC
establish, implement, maintain and enforce written policies and
procedures reasonably designed to provide for governance arrangements
that, among other things, (1) are clear and transparent and (2) specify
clear and direct lines of responsibility.\71\
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    \71\ 17 CFR 240.17Ad-22(e)(2)(i) and (v).
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    As described above, FICC proposes a number of changes to its By-
Laws that would provide clarity and transparency. FICC proposes to
revise By-Laws provisions that were outdated or incorrect.
Specifically, the proposed changes to the titles and offices (and their
related powers and duties) would provide clarity and transparency
because they would clearly set forth FICC's current organizational
structure, including the lines of responsibility of various officers
and the Board. The proposed changes relating to compensation-setting
would also give clarity and transparency by (1) accurately reflecting
the process that is followed pursuant to the Compensation Committee
Charter, and (2) clarifying that the Non-Executive Chairman of the
Board does not receive compensation. Meanwhile, the proposed technical
changes and corrections would raise the clarity and transparency of the
By-Laws by removing grammatical and typographical errors. Additionally,
FICC proposes changes to provide clarity and transparency by including
an addendum to its Rules (to incorporate the By-Laws and Certificate of
Incorporation by reference), and by restating its Certificate of
Incorporation (to include all of its amendment in one updated
document). Both proposed changes would create clarity and transparency
by integrating FICC's organizational documents in a manner that is more
accessible to FICC's members.
    For these reasons, the Commission finds that the proposed rule
change is

designed to enhance clarity and transparency in FICC's governance
arrangements, as well as to specify clear and direct lines of
responsibility for various officer positions and the Board within
FICC's organizational structure, consistent with Rule 17Ad-22(e)(2)(i)
and (v) under the Act.\72\
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    \72\ Id.
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III. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act, in particular
the requirements of Section 17A of the Act \73\ and the rules and
regulations thereunder.
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    \73\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that proposed rule change SR-FICC-2018-002 be, and hereby is,
APPROVED.\74\
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    \74\ In approving the proposed rule change, the Commission
considered the proposals' impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\75\
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    \75\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-06031 Filed 3-23-18; 8:45 am]
 BILLING CODE 8011-01-P


 [Federal Register: December 17, 2008 (Volume 73, Number 243)] [Notices]                [Page 76658-76668] [DOCID:fr17de08-91]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0043] [FDA No. 225-08-8003]

  Memorandum of Understanding Between the Office of the Assistant  Secretary of Defense (Health Affairs), the Veterans Health  Administration, and the U.S. Food and Drug Administration

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is providing notice of  a memorandum of understanding (MOU) between the Office of the Assistant  Secretary of Defense (Health Affairs), the Veterans Health  Administration, and the U.S. Food and Drug Administration. The purpose  of the MOU is to enhance knowledge and efficiency by providing for the  sharing of information and expertise between the Federal partners. The  goals of the collaboration are to explore ways to: Further enhance  information sharing efforts through more efficient and robust  interagency activities; promote efficient utilization of tools and  expertise for product risk identification, validation and analysis; and  build infrastructure and processes that meet the common needs for  evaluating the safety, efficacy, and utilization of drugs, biologics,  and medical devices, as well as the safety and utilization of foods.  The MOU is available on FDA's Web site at www.fda.gov/oc/mous/domestic/ domesticmous.htm.

DATES: The agreement became effective November 25, 2008.

FOR FURTHER INFORMATION CONTACT: Erik Mettler, Office of Policy, Food  and Drug Administration, 10903 New Hampshire Ave., Bldg. 1, rm. 4324,  Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 20.108(c), which  states that all written agreements and MOUs between FDA and others  shall be published in the Federal Register, the agency is publishing  notice of this MOU.

    Dated: December 11, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning.

[GRAPHIC] [TIFF OMITTED] TN17DE08.000

[GRAPHIC] [TIFF OMITTED] TN17DE08.001

[GRAPHIC] [TIFF OMITTED] TN17DE08.002

[GRAPHIC] [TIFF OMITTED] TN17DE08.003

[GRAPHIC] [TIFF OMITTED] TN17DE08.004

[GRAPHIC] [TIFF OMITTED] TN17DE08.005

[GRAPHIC] [TIFF OMITTED] TN17DE08.006

[GRAPHIC] [TIFF OMITTED] TN17DE08.007

[GRAPHIC] [TIFF OMITTED] TN17DE08.008

[FR Doc. E8-29952 Filed 12-16-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Notices]
[Pages 23126-23127]
[FR Doc No: 2017-10204]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Research, Engineering and Development Advisory Committee Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public of the
Research,

Engineering & Development Advisory Committee meeting.

DATES: The meeting will be held on May 31, 2017--9:30 a.m. to 4:30 p.m.

ADDRESSES: The meeting will be held at the Federal Aviation
Administration, 800 Independence Avenue SW., Round Room (10th Floor),
Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT: Chinita A. Roundtree-Coleman at (609)
485-7149 or Web site at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C. App. 2), notice is
hereby given of a meeting of the Research, Engineering and Development
(RE&D) Advisory Committee. The meeting agenda will include Committee
guidance for FAA's research and development investments in the areas of
air traffic services, airports, aircraft safety, human factors and
environment and energy. Attendance is open to the interested public but
seating is limited. With the approval of the chairman, members of the
public may present oral statements at the meeting. Persons wishing to
attend the meeting, present statements, or obtain information should
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. Members of the public may present a written statement to the
Committee at any time.

    Issued in Washington, DC, on May 12, 2017.
Chinita A. Roundtree-Coleman,
Computer Specialist.
[FR Doc. 2017-10204 Filed 5-18-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 232 (Wednesday, December 2, 2020)]
[Notices]
[Pages 77468-77469]
[FR Doc No: 2020-26533]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-1987-P-0074]

Canned Pacific Salmon Deviating From Identity Standard; Amendment
of Temporary Marketing Permit

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is amending Bumble Bee
Seafoods Inc.'s temporary permit to market test canned skinless and
boneless chunk salmon packed in water that contains sodium
tripolyphosphate to inhibit protein curd formation during retorting.
The temporary permit is amended to add an additional manufacturing
location. This amendment will allow the applicant to continue to test
market the test product and collect data on consumer acceptance of the
test product.

FOR FURTHER INFORMATION CONTACT: Marjan Morravej, Center for Food
Safety and Applied Nutrition (HFS-820), Food and Drug Administration,
5001 Campus Dr., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the Federal Register of July 13, 1987 (52
FR 26186), we issued a notice announcing that we had issued a temporary
permit to Bumble Bee Seafoods, Inc., San Diego, CA 92123, to market
test products identified as canned skinless and boneless chunk salmon
packed in water and containing added sodium tripolyphosphate to inhibit
protein curd formation during retorting. The permit allowed for the
test product to be manufactured at a plant located in Petersburg, AK.
We issued the permit to facilitate market testing of products that
deviate from the requirements of the standard of identity for canned
Pacific salmon in 21 CFR 161.170, which were issued under section 401
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341).
    In the Federal Register of April 8, 1988 (53 FR 11710), we issued a
notice announcing that we had amended the temporary permit to permit
the test product be manufactured at one additional plant, Chugach
Alaska Fisheries, Inc., Ocean Dock Rd., Cordova, AK 99574.
    In the Federal Register of September 6, 1988 (53 FR 34354), we
issued another notice announcing that we were extending the expiration
date of the permit to either the effective date of a

final rule for any proposal to amend the standard of identity for
canned Pacific salmon that may result from the National Food Processors
Association's petition, submitted on behalf of Bumble Bee Seafoods,
Inc., and other salmon packers holding temporary permits, or 30 days
after termination of such proposal.
    In the Federal Register of April 24, 2020 (85 FR 23047), we issued
a notice announcing that we amended the temporary permit to allow for
the canned skinless and boneless chunk salmon packed in water with or
without sodium tripolyphosphate and to allow the test product to be
manufactured only at one plant, Pataya Food Industries Ltd., located at
90/6 Moo 7, Settakit Road, Tambol Tarsai, Amphur Maung, Samutsakorn
74000, Thailand.
    Under our regulations at 21 CFR 130.17(f), we are amending the
temporary permit issued to Bumble Bee Seafoods, Inc., to allow the test
product to be manufactured at an additional plant, RS Cannery Company
Limited, located at 255/1 Industrial Soi 3, Bangpoo Industrial Estate,
Samutprakarn 10280, Thailand. All other conditions and terms of this
permit remain the same.

    Dated: November 23, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-26533 Filed 12-1-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Rules and Regulations]
[Pages 28717-28719]
[FR Doc No: 2019-13040]

========================================================================
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. 84, No. 119 / Thursday, June 20, 2019 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0212; Product Identifier 2019-NE-05-AD; Amendment
39-19660; AD 2019-12-05]
RIN 2120-AA64

Airworthiness Directives; CFM International S.A. Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain CFM International S.A. (CFM) CFM56-5B, CFM56-5C, and CFM56-7B
model turbofan engines with a certain rotating air high-pressure
turbine (HPT) front seal. This AD requires replacement of the affected
rotating air HPT front seal with a part eligible for installation. This
AD was prompted by cracks found in the rotating air HPT front seal. The
FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective July 5, 2019.
    The FAA must receive comments on this AD by August 5, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact CFM
International Inc., Aviation Operations Center, 1 Neumann Way, M/D Room
285, Cincinnati, OH 45125; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>You may view this service
information at the FAA, Engine and Propeller Standards Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0212.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0212; 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, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations is
listed above. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Christopher McGuire, Aerospace
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA received reports that cracks were found in the rotating air
HPT front seal on CFM56-5B model turbofan engines during a scheduled
shop visit. After further analysis, CFM determined that when a single
rotating air HPT front seal is mated to more than one HPT disk some
seals develop microcracks. These cracks resulted from variations in the
geometry of the parts being mated.
    This AD pertains to the highest risk engines and therefore
addresses certain CFM CFM56-5B, CFM56-5C, and CFM56-7B model turbofan
engines with an affected rotating air HPT front seal that has a
specified number of cycles since being reconfigured. The FAA expects to
propose future rulemaking for additional CFM CFM56-5B, CFM56-5C, and
CFM56-7B model turbofan engines with this same rotating air HPT front
seal that have fewer cycles since being reconfigured. These engines
have the same unsafe condition as the engines affected by this AD but
represent a lower safety risk due to the lower number of cycles since
being reconfigured on the affected rotating air HPT front seal.
    This condition, if not addressed, could result in the uncontained
release of the rotating air HPT front seal, damage to the engine, and
damage to the airplane. The FAA is issuing this AD to address the
unsafe condition on these products.

Related Service Information

    The FAA reviewed CFM Service Bulletin (SB) CFM56-5B S/B 72-1074,
Revision 01, dated December 5, 2018; CFM SB CFM56-5C S/B 72-0794,
Revision 01, dated January 2, 2019; and CFM SB CFM56-7B S/B 72-1042,
Revision 01, dated January 2, 2019. CFM SB CFM56-5B S/B 72-1074,
Revision 01, describes procedures for replacement of the affected
rotating air HPT front seal on CFM CFM56-5B turbofan engines. CFM SB
CFM56-5C S/B 72-0794, Revision 01, describes procedures for replacement
of the affected rotating air HPT front seal on CFM CFM56-5C turbofan
engines. CFM SB CFM56-7B S/B 72-1042, Revision 01, describes procedures
for replacement of the affected rotating air HPT front seal on CFM
CFM56-7B turbofan engines.

FAA's Determination

    The FAA is issuing this AD because it evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires replacement of the affected rotating air HPT front
seal with a part eligible for installation.

FAA's Justification and Determination of the Effective Date

    No domestic operators use the affected higher risk CFM CFM56-5B,
CFM56-5C, and CFM56-7B model turbofan engines. Therefore, the FAA finds
good cause that notice and opportunity for prior public comment

are impracticable. In addition, for the reason stated above, the FAA
finds that good cause exists for making this amendment effective in
less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, the FAA invites you to send any written data, views,
or arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2019-
0212 and Product Identifier 2019-NE-05-AD at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this final
rule. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this final rule.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects no engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace the rotating air HPT front      1 work-hour x $85 per           $344,600        $344,685              $0
 seal.                                   hour = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
    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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

    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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

Adoption of 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 adding the following new airworthiness
directive (AD):

2019-12-05 CFM International S.A.: Amendment 39-19660; Docket No.
FAA-2019-0212; Product Identifier 2019-NE-05-AD.

(a) Effective Date

    This AD is effective July 5, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to:
    (1) CFM International S.A. (CFM) CFM56-5B1, -5B2, -5B4, -5B5, -
5B6, -5B7, -5B1/P, -5B2/P, -5B3/P, -5B4/P, -5B5/P, -5B6/P, -5B7/P, -
5B8/P, -5B9/P, -5B3/P1, -5B4/P1, -5B1/2P, -5B2/2P, -5B3/2P, -5B4/2P,
-5B6/2P, -5B9/2P, -5B3/2P1, -5B4/2P1, -7B20, -7B22, -7B24, -7B26, -
7B27, -7B22/B1, -7B24/B1, -7B26/B1, -7B26/B2, -7B27/B1, -7B27/B3, -
7B20/2, -7B22/2, -7B24/2, -7B26/2, -7B27/2, -7B27A model turbofan
engines with a:
    (i) rotating air high-pressure turbine (HPT) front seal:
    (A) with part number (P/N) 1795M36P01 or P/N 1795M36P02 and
serial numbers (S/Ns) GWNDN949 through GWNSE969 or S/Ns GWN000CE
through GWN0990L, not including S/Ns GWN08ND7, GWN0923A, GWN0971E,
GWN098A1, GWN098W6, GWN098W8, GWN098WA, and GWN0990G, installed;
    (B) that has been removed from the original HPT disk and re-
assembled to a different HPT disk; and
    (C) that has 6,001 or more cycles since being reconfigured.
    (ii) [Reserved]
    (2) CFM CFM56-5C2, -5C2/4, -5C2/F, -5C2/F4, -5C2/G, -5C2/G4, -
5C2/P, -5C3/F, -5C3/F4, -5C3/G, -5C3/G4, -5C3/P, -5C4, -5C4/1, -5C4/
P, -5C4/1P model turbofan engines with a:
    (i) rotating air HPT front seal:
    (A) with P/N 1795M36P01 or P/N 1795M36P02 and S/Ns GWNDN949
through GWNSE969 or S/Ns GWN000CE through GWN0990L, not including S/
Ns GWN08ND7, GWN0923A, GWN0971E, GWN098A1, GWN098W6, GWN098W8,
GWN098WA, and GWN0990G, installed;

    (B) that has been removed from the original HPT disk and re-
assembled to a different HPT disk; and
    (C) that has 3,751 or more cycles since being reconfigured.
    (ii) [Reserved]

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by cracks found in the rotating air HPT
front seal. The FAA is issuing this AD to prevent failure of the
rotating air HPT front seal. The unsafe condition, if not addressed,
could result in the uncontained release of the rotating air HPT
front seal, damage to the engine, and damage to the airplane.

(f) Compliance

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

(g) Required Actions

    (1) For all affected CFM CFM56-5B and CFM56-7B model turbofan
engines:
    (i) If, on the effective date of this AD, the rotating air HPT
front seal has 7,000 cycles or greater since being reconfigured,
remove the part from service within 50 cycles after the effective
date of this AD and replace with a part eligible for installation.
    (ii) If, on the effective date of this AD, the rotating air HPT
front seal has between 6,001 and 6,999 cycles, inclusive, since
being reconfigured, remove the part from service within 500 cycles
after the effective date of this AD, but not to exceed 7,050 cycles
since being reconfigured, and replace with a part eligible for
installation.
    (2) For all affected CFM CFM56-5C model turbofan engines:
    (i) If, on the effective date of this AD, the rotating air HPT
front seal has 4,250 cycles or greater since being reconfigured,
remove the part from service within 25 cycles after the effective
date of this AD, or within 1,500 cycles since the last fluorescent
penetrant inspection (FPI) of the rotating air HPT front seal,
whichever occurs later, and replace with a part eligible for
installation.
    (ii) If, on the effective date of this AD, the rotating air HPT
front seal has between 3,751 and 4,249 cycles, inclusive, since
being reconfigured, remove the part from service within 250 cycles
after the effective date of this AD, before accumulating 4,275
cycles since being reconfigured, or within 1,500 cycles since the
last FPI of the rotating air HPT front seal, whichever occurs later,
and replace with a part eligible for installation.

(h) Definition

    For the purpose of this AD, reconfigured is when a rotating air
HPT front seal has been removed from the original HPT disk and re-
assembled to a different HPT disk.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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
certification office, send it to the attention of the person
identified in paragraph (j) of this AD. You may email your request
to<EMAIL_ADDRESS>    (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.

(j) Related Information

    For more information about this AD, contact Christopher McGuire,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on June 14, 2019.
Karen M. Grant,
Acting Manager, Engine and Propeller Standards Branch, Aircraft
Certification Service.
[FR Doc. 2019-13040 Filed 6-19-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Proposed Rules]
[Pages 72998-72999]
[FR Doc No: 2014-28793]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

Docket No. FAA-2014-0902; Airspace Docket No. 14-ASW-8

Proposed Establishment of Class E Airspace; Tucumcari, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at the
Tucumcari VHF Omni-Directional Radio Range Tactical Air Navigation Aid
(VORTAC), Tucumcari, NM, to facilitate vectoring of Instrument Flight
Rules (IFR) aircraft under control of Albuquerque Air Route Traffic
Control Center (ARTCC). The FAA is proposing this action to enhance the
safety and efficiency of aircraft operations within the National
Airspace System (NAS).

DATES: Comments must be received on or before January 23, 2015.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2014-0902/Airspace Docket No. 14-
ASW-8, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9:00 a.m. and
5:00 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527), is on the ground floor of the
building at the above address.

FOR FURTHER INFORMATION CONTACT: Raul Garza, Jr., Central Service
Center, Operations Support Group, Federal Aviation Administration,
Northwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone:
817-222-4075/817-321-7654.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2014-0902/
Airspace Docket No. 14-ASW-8.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Central Service Center, 2601
Meacham Blvd., Fort Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by amending Class E airspace extending upward from
1,200 feet above the surface at the Tucumcari VORTAC navigation aid,
Tucumcari, NM. This action would contain aircraft while in IFR
conditions under control of Albuquerque ARTCC by safely vectoring
aircraft from en route airspace to terminal areas.
    Class E airspace areas are published in Paragraph 6006 of FAA Order
7400.9Y, dated August 6, 2014, and effective September 15, 2014, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule,

when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish controlled airspace at the Tucumcari VORTAC,
Tucumcari, NM.

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting Points, dated August 6, 2014, and
effective September 15, 2014, is amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

ASW NM E6 Tucumcari, NM [New]

Tucumcari VORTAC, NM
    Lat. 35[deg]10'56'' N., long. 103[deg]35'55'' W

    That airspace extending upward from 1,200 feet above the surface
within an area bounded by lat. 37[deg]30'00'' N., long.
102[deg]33'00'' W.; to lat. 36[deg]30'00'' N., long. 101[deg]45'00''
W.; to lat. 36[deg]23'50'' N., long. 101[deg]28'20'' W.;
35[deg]12'30'' N., long. 105[deg]28'30'' W.; to lat. 36[deg]43'00''
N., long. 105[deg]20'30'' W.; to lat. 36[deg]43'00'' N., long.
105[deg]00'00'' W.; thence to the point of beginning.

    Issued in Fort Worth, TX, on November 24, 2014.
Humberto Melendez,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2014-28793 Filed 12-8-14; 8:45 am]
BILLING CODE 4901-14-P


[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Page 81820]
[FR Doc No: 2016-27708]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Order Approving Public Company Accounting Oversight Board
Supplemental Budget for Calendar Year 2016

Securities Act of 1933, Release No. 10255/November 14, 2016
Securities Exchange Act of 1934, Release No. 79303/November 14, 2016

    The Sarbanes-Oxley Act of 2002, as amended (the ``Sarbanes-Oxley
Act''),\1\ established the Public Company Accounting Oversight Board
(``PCAOB'') to oversee the audits of companies that are subject to the
securities laws, and related matters, in order to protect the interests
of investors and further the public interest in the preparation of
informative, accurate and independent audit reports. Section 982 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-
Frank Act'') \2\ amended the Sarbanes-Oxley Act to provide the PCAOB
with explicit authority to oversee auditors of broker-dealers
registered with the Commission. The PCAOB is to accomplish these goals
through registration of public accounting firms and standard setting,
inspection, and disciplinary programs. The PCAOB is subject to the
comprehensive oversight of the Securities and Exchange Commission (the
``Commission'').
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 7201 et seq.
    \2\ Public Law 111-203, 124 Stat. 1376 (2010).
---------------------------------------------------------------------------

    Section 109(b) of the Sarbanes-Oxley Act directs the PCAOB to
establish a budget for each fiscal year in accordance with the PCAOB's
internal procedures, subject to approval by the Commission. Rule 190 of
Regulation P facilitates the Commission's review and approval of PCAOB
budgets and annual accounting support fees.\3\ This budget rule
provides, among other things, limits on the PCAOB's ability to incur
expenses and obligations except as provided in the approved budget as
well as the procedures for the submission of supplemental budgets when
it is forecasted that the limits to incur expenses and obligations will
be exceeded in a given year. The Commission previously determined that
the PCAOB's 2016 budget of $257.7 million was consistent with Section
109 of the Sarbanes-Oxley Act and accordingly, it approved the PCAOB's
2016 Budget on March 14, 2016.\4\
---------------------------------------------------------------------------

    \3\ 17 CFR 202.190.
    \4\ Release No. 33-10054 (March 14, 2016).
---------------------------------------------------------------------------

    During 2016, the PCAOB determined that it had under budgeted for
inspections related travel for the year, and, on October 14, 2016 it
submitted a supplemental budget request to the Commission. The PCAOB's
2016 supplemental budget requests Commission approval to transfer $1
million of FY 2016 funding from certain program areas where the PCAOB
has a 2016 underspend to the Inspections program area to cover the
projected overspend in inspections related travel costs. The
supplemental budget does not request an increase to the PCAOB's
previously approved 2016 Budget of $257.7 million.
    The Commission has determined that the PCAOB's 2016 supplemental
budget is consistent with Section 109 of the Sarbanes-Oxley Act.
Accordingly,
    It is ordered, pursuant to Section 109 of the Sarbanes-Oxley Act,
that the PCAOB supplemental budget for calendar year 2016 is approved.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2016-27708 Filed 11-17-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Rules and Regulations]
[Pages 21468-21470]
[FR Doc No: 2023-07585]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket Number USCG-2021-0474]
RIN 1625-AA87

Safety Zone; Lucius Spar Outer Continental Shelf Facility,
Keathley Canyon Block 875, Gulf of Mexico

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone around the
Lucius Spar, located in Keathley Canyon Block 875 on the Outer
Continental Shelf (OCS) in the Gulf of Mexico. The purpose of this rule
is to protect the facility from all vessel traffic operating outside
the normal shipping channels and fairways that are not providing
service to or working with the facility. Establishing a safety zone
around the facility will significantly reduce the threat of allisions,
collisions, security breaches, oil spills, releases of natural gas, and
thereby protect the safety of life, property, and the environment.

DATES: This rule is effective April 11, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0474 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR David Newcomb, District Eight OCS, U.S. Coast Guard;
telephone<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf

Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Anadarko Petroleum Corporation requested that the Coast Guard
establish a safety zone around its facility. There are safety concerns
for both the personnel aboard the facility and the environment that
arise when a safety zone is not established. In response, on October
23, 2022, the Coast Guard published a notice of proposed rulemaking
(NPRM) titled Safety Zone; Lucius Spar Outer Continental Shelf
Facility, Keathley Canyon Block 875, Gulf of Mexico. There we stated
why we issued the NPRM, and invited comments on our proposed regulatory
action related to this safety zone. During this comment period that
ended on November 23, 2022, we received 1 comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 14 U.S.C.
85, 43 U.S.C. 1333, Department of Homeland Security Delegation No.
0170.1, and 33 CFR 1.05-1, 147.1, and 147.10, which collectively permit
the establishment of safety zones for facilities located on the OCS for
the purpose of protecting life and property on the facilities, and the
marine environment in the safety zones. The Coast Guard has determined
that a safety zone is necessary to protect the facility from all
vessels operating outside the normal shipping channels and fairways
that are not providing services to or working with the facility.
Navigation in the vicinity of the safety zone consists of large
commercial shipping vessels, fishing vessels, cruise ships, tugs with
tows and the occasional recreational vessel. The deepwater area also
includes an extensive system of fairways. The purpose of the rule is to
significantly reduce the threat of allisions, oil spills, and releases
of natural gas, and thereby protect the safety of life, property, and
the environment.

IV. Discussion of Comments, Changes and the Rule

    As noted above, we received 1 comment on our NPRM published on
November 23, 2022. The commenter asked to specify the horizontal datum
(NAD 27, NAD 83, etc.) for the latitude and longitude position in the
rule. We have done so. In this rule, as in all OCS Safety Zone rules,
we use the NAD 83 horizontal datum.
    This rule established a safety zone on the Outer Continental Shelf
(OCS) in the deepwater area of the Gulf of Mexico at Keathley Canyon
875. The area or the safety zone is 500 meters (1640.4 feet) from each
point on the facility, which is located at 26[deg]7'55.0632'' N,
92[deg]2'24.2982'' W (NAD 83). The deepwater area is waters of 304.8
meters (1,000 feet) or greater depth extending to the limits of the
Exclusive Economic Zone (EEZ) contiguous to the territorial sea of the
United States and extending to a distance up to 200 nautical miles from
the baseline from which the breadth of the sea is measured. No vessel,
except those attending the facility, or those less than 100 feet in
length and not engaged in towing will be permitted to enter the safety
zone without obtaining permission from Commander, Eighth Coast Guard
District or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking, and we considered the First
Amendment rights of protestors. Below we summarize our analyses based
on a number of these statutes or executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the location of
the Lucius Spar, on the OCS, and its distance from both land and safety
fairways. Vessels traversing waters near the safety zone will be able
to safely travel around the zone using alternate routes. Exceptions to
this rule include vessels measuring less than 100 feet in length
overall and not engaged in towing. The Eighth Coast Guard District
Commander, or a designated representative, will consider requests to
transit through the safety zone on a case-by-case basis.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule affects your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and

have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a safety zone around an
offshore deepwater facility. Normally such actions are categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of
Commandant Instruction M16475.lD. A preliminary environmental analysis
checklist and Categorical Exclusion Determination, prepared and signed
before October 31, 2022 are available in the docket where indicated
under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 147

    Continental shelf, Marine safety, Navigation (water).

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 147 as follows:

PART 147--SAFETY ZONES

0
1. The authority citation for part 147 continues to read as follows:

    Authority: 14 U.S.C. 554; 43 U.S.C. 1333; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  147.873 to read as follows:

Sec.  147.873  Safety Zone; Lucius Spar, Outer Continental Shelf
Facility, Keathley Canyon 875.

    (a) Description. The Lucius Spar in the deepwater area of the Gulf
of Mexico at Keathley Canyon 875. The facility is located at:
26[deg]7'55.0632'' N, 92[deg]2'24.2982'' W (NAD 83) and the area within
500 meters (1640.4 feet) from each point on the facility structure's
outer edge is a safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone
except for the following:
    (1) An attending vessel, as defined in 147.20
    (2) A vessel under 100 feet in length overall not engaged in
towing; or
    (3) A vessel authorized by the Commander, Eighth Coast Guard
District or a designated representative.
    (c) Requests for permission. Persons or vessels requiring
authorization to enter the safety zone must request permission from the
Commander, Eighth Coast Guard District or a designated representative.
If permission is granted, all persons and vessels shall comply with the
instructions of the Commander or designated representative.

    Dated: April 4, 2023.
Richard Timme,
RADM, U.S. Coast Guard, Commander, Coast Guard District Eight.
[FR Doc. 2023-07585 Filed 4-10-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: January 22, 2009 (Volume 74, Number 13)]
[Notices]
[Page 4063-4065]
[DOCID:fr22ja09-83]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59247; File No. SR-Phlx-2008-87]

Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Amending the
Phlx Fee Schedule

January 14, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 31, 2008, NASDAQ OMX PHLX, Inc. (``Phlx'' 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 substantially prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its Summary of Equity Option, and
MNX, NDX, RUT and RMN Charges; Summary of Index Option Charges; and
Summary of U.S Dollar-Settled Foreign Currency Option Charges fee
schedules. Specifically, the Exchange proposes to assess an option
transaction charge of $0.08 per contract side for specialists and
Registered Options Traders (``ROTs''), including Streaming Quote
Traders (``SQTs'') \3\ and Remote Streaming Quote Traders (``RSQTs'')
\4\ on contracts that are executed electronically as part of a Complex
Order \5\ in equity options on the Exchange's electronic trading
platform for options, Phlx XL.\6\ Market participants other than
specialists and ROTs would be assessed the applicable current equity
options transaction charge.
---------------------------------------------------------------------------

    \3\ An SQT is an Exchange Registered Options Trader (``ROT'')
who has received permission from the Exchange to generate and submit
option quotations electronically through an electronic interface
with AUTOM via an Exchange approved proprietary electronic quoting
device in eligible options to which such SQT is assigned. See
Exchange Rule 1014(b)(ii)(A).
    \4\ An RSQT is an ROT and participant in the Exchange's
electronic trading system, ``Phlx XL'' who has received permission
from the Exchange to trade in options for his own account, and to
generate and submit option quotations electronically from off the
floor of the Exchange through AUTOM in eligible options to which
such RSQT has been assigned. See Exchange Rule 1014(b)(ii)(B).
    \5\ A Complex Order is composed of two or more option components
and is priced as a single order (a ``Complex Order Strategy'') on a
net debit or net credit basis. See Exchange Rule 1080, Commentary
.08. For a complete description of the Exchange's Complex Order
System, see Securities Exchange Act Release No. 58361 (August 14,
2008), 73 FR 49529 (August 21, 2008) (SR-Phlx-2008-50).
    \6\ See Securities Exchange Act Release No. 50100 (July 27,
2004), 69 FR 46612 (August 3, 2004) (SR-Phlx-2003-59).
---------------------------------------------------------------------------

    The Exchange proposes to assess any applicable option transaction
charges to participants, including specialists and ROTs, on contracts
in Index Options and U.S. Dollar-Settled Foreign Currency Options that
are executed electronically as part of a Complex Order.\7\
---------------------------------------------------------------------------

    \7\ This proposal and the Exhibits attached hereto include
amendments to the Exchange's fee schedule that were submitted on
December 30, 2008 as part of SR-Phlx-2008-86. Beginning with
transactions settling on or after January 2, 2009, the Exchange will
assess an option transaction charge of $0.22 per contract for ROTs,
$0.24 per contract for Firms that submit proprietary orders, and
$0.14 for Firm facilitation orders. The Commission notes that the
preceding sentence refers to the ``Summary of Equity Option, and
MNX, NDX, RUT and RMN Charges'' on the fee schedule as amended by
File No. Phlx-2008-86.
---------------------------------------------------------------------------

    This proposal is effective upon filing and will be implemented for
transactions settling on or after January 2, 2009.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The 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
    The purpose of the proposed rule change is to provide an incentive
for specialists and ROTs to provide liquidity in Complex Orders sent to
the Exchange for execution, and to enhance Exchange revenues, by
assessing an equity option transaction charge of $0.08 per contract
side for specialists and ROTs instead of the current applicable charges
that apply to simple option transactions in equity options.\8\
Respecting Complex Orders in equity options for other market
participants, the equity option transaction charges in effect on the
Exchange for simple orders would be assessed.
---------------------------------------------------------------------------

    \8\ The Commission notes that prior to this filing, Phlx did not
assess transaction charges for Complex Orders.
---------------------------------------------------------------------------

    Respecting Complex Orders in index and foreign currency options,
the index option and foreign currency option

transaction charges in effect on the Exchange for simple orders would
be assessed on all participants.
    Pursuant to this proposal, the Exchange intends to amend the
Exchange's: (i) Summary of Equity Option, and MNX, NDX, RUT and RMN
Charges; (ii) Summary of Index Option Charges; and (iii) Summary of U.S
Dollar-Settled Foreign Currency Option Charges.
    Currently, the Exchange does not assess transaction charges for
Complex Orders. The Exchange believes that the $0.08 transaction charge
for Complex Orders in equity options (as opposed to the transaction
charges for simple orders) should provide incentives for specialists
and ROTs to provide liquidity in the Exchange's markets for Complex
Orders in equity options.
Summary of Equity Option, and MNX, NDX, RUT and RMN Charges
    Currently, the Exchange assesses various option transaction charges
for equity options, depending on such factors as the category of
person(s) submitting orders for execution (e.g., customers,
specialists, broker-dealers, ROTs and Firms are all charged
differently, on a per contract basis, ranging from $0.00 per contract
to $0.45 per contract) and the manner in which the order is delivered
to the Exchange. For example, broker-dealer orders submitted
electronically to the Exchange's systems are charged $0.45 per
contract, whereas broker-dealer orders submitted through means other
than the Exchange's electronic system are charged $0.25 per contract.
Customers submitting orders in equity options are generally not charged
transaction fees \9\ whereas ROTs and Firms are charged.
---------------------------------------------------------------------------

    \9\ Customers are charged $0.12 per contract for executions in
MNX and NDX options. The Commission notes that the Phlx fee schedule
also provides for a $0.12 per contract charge for customer
executions in RUT and RMN. See Securities Exchange Act Release No.
59243 (January 13, 2009) (File No. Phlx-2008-86) (adding those
charges to the fee schedule).
---------------------------------------------------------------------------

    The Exchange proposes to amend the fee schedule to assess
specialists and ROTs an option transaction charge of $0.08 per contract
side on contracts in equity and MNX, NDX, RUT and RMN options that are
executed electronically as part of a Complex Order. Participants other
than specialists and ROTs would be assessed the regular equity option
transaction charge applicable to simple equity option orders.
Summary of Index Option Charges
    The Exchange assesses an option transaction charge for index option
transactions other than transactions involving Complex Orders, as
described in the Exchange's Summary of Index Option Charges. The
Exchange proposes to amend its Summary of Index Option Charges to
assess any applicable option transaction charges to participants,
including specialists and ROTs, on contracts in index options that are
executed electronically as part of a Complex Order. For clarity, the
Exchange proposes to amend its Summary of Index Option Charges to state
specifically that Registered Option Traders (on-floor) and specialists
will be assessed $0.24 per contract side on contracts that are executed
electronically as part of a Complex Order.
Summary of U.S. Dollar-Settled Foreign Currency Option Charges
    The Exchange currently assesses an option transaction charge for
transactions in options overlying U.S. dollar-settled foreign
currencies, as described in the Exchange's Summary of U.S Dollar-
Settled Foreign Currency Option Charges. The Exchange proposes to amend
its Summary of U.S Dollar-Settled Foreign Currency Option Charges
schedule to assess any option transaction charges on contracts in U.S
dollar-settled foreign currency options that are executed
electronically as part of a Complex Order. For clarity, the Exchange
proposes to amend its Summary of U.S Dollar-Settled Foreign Currency
Option Charges schedule to state specifically that Registered Option
Traders (on-floor) and specialists will be assessed $0.24 per contract
side on contracts that are executed electronically as part of a Complex
Order.
    The Exchange currently provides a discount for ROTs (on-floor) and
specialists that exceed 4.5 million contracts in a given month (the
``Volume Threshold'') by assessing $0.01 per contract on contract
volume above the Volume Threshold instead of the applicable options
transaction charge described in the Summary of Equity Option, and MNX,
NDX, RUT and RMN Charges. Complex Order volume is not used in
calculating the Volume Threshold.\10\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 58420 (August 25,
2008), 73 FR 51035 (August 29, 2008) (SR-Phlx-2008-62).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal to amend its schedule of
fees is consistent with Section 6(b) of the Act \11\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \12\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members. Specifically, the Exchange
believes that this proposal is equitable because it would apply evenly
to specialists and ROTs transacting with Complex Orders sent to the
Exchange for execution.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

    No written comments were solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \13\ and paragraph (f)(2) of Rule 19b-4 \14\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate such rule change if
it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \14\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2008-87 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-Phlx-2008-87. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-Phlx-2008-87 and should be
submitted on or before February 12, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-1232 Filed 1-21-09; 8:45 am]

BILLING CODE 8011-01-P