[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Page 62557]
[FR Doc No: 2016-21762]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2015-0106]

Petition for Special Approval of Alternate Standard

    In accordance with Part 232 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated September 17, 2015, the National Railroad Passenger Corporation
(Amtrak) has requested a Special Approval of an alternate standard for
49 CFR 238.311(a)--Single car test, as prescribed in 49 CFR 238.21(b)--
Special approval procedure. FRA assigned the request Docket Number FRA-
2015-0106.
    Amtrak requests permission to continue to maintain and test the
9600 series cab coach car CCB II brake systems under the requirements
of 49 CFR 229.29 as an alternative maintenance procedure that provides
equivalent safety to the standard in APTA-PR-M-S-005-98 Rev 2.1
outlined in 49 CFR 238.311.
    Amtrak's fleet of 9600 series cab coach cars was originally
equipped with a 26-C (car) type of brake system along with additional
26-L (locomotive) style of control valves in the cab, to control the
brake system when in push/pull service. Amtrak previously maintained
and tested the 26-C style of valves per 49 CFR 238.309 and the 26-L
style of valves per 49 CFR 229.29, along with the requirement of FRA
Form F6180-49A (``Blue Card'') to be located in the cab. The main
reservoir leakage tests and the brake cylinder leakage tests were
conducted per APTA-PR-M-S-005-98 Rev 2.1.
    The cab cars are presently equipped with New York Air Brake's CCB
II brake system designed for locomotives and are being maintained and
tested under the requirements of 49 CFR 229.29. The main reservoir
leakage test and the brake cylinder leakage test continue to be tested
per APTA-PR-M-S-005-98 Rev 2.1. The 92-day and annual test procedures
for these CCB II-equipped cab cars are found in documents submitted to
the public docket.
    Copies of these documents and the petition, as well as any written
communications concerning the petition, are available for review online
at www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by October 11, 2016 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Safety, Chief Safety Officer.
[FR Doc. 2016-21762 Filed 9-8-16; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register: April 15, 2009 (Volume 74, Number 71)]
[Notices]
[Page 17471]
[DOCID:fr15ap09-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13355-000]

Middlebury Electric, LLC; Notice of Preliminary Permit
Applications Accepted for Filing and Soliciting Comment, Motions To
Intervene, and Competing Applications

April 8, 2009.
    On January 22, 2009, Middlebury Electric, LLC, filed an
application, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Middlebury Upper East Bank
Hydroelectric Project, to be located on Otter Creek, in Addison County,
Vermont.
    The proposed Upper East Bank Hydroelectric Project consists of: (1)
A refurbished abandoned mill structure including a new intake
structure, penstock, tailrace and appurtenant facilities; (2) the
millhouse would contain one or more turbine generating units with a
total installed capacity of 0.4 megawatts; (3) a direct connection to
an existing Central Vermont Public Service (CVPS) transmission line;
and (4) appurtenant facilities. The Middlebury Upper Bank Project would
have an estimated average annual generation of 3,400 megawatt-hours,
which would be sold to CVPS.
    Applicant Contact: Dr. Anders Holm, 1330 Exchange Street,
Middlebury, VT 05445, phone<PHONE_NUMBER>.
    FERC Contact: John Ramer,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13355) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-8558 Filed 4-14-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Notices]
[Page 40821]
[DOCID:fr14jy10-66]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2149-131]

Public Utility District No. 1 of Douglas County; Notice of
Settlement Agreement and Soliciting Comments

July 7, 2010.
    Take notice that the following Settlement Agreement (Settlement)
has been filed with the Commission and is available for public
inspection.
    a. Type of Application: Aquatic Settlement Agreement for the
relicensing of the Wells Hydroelectric Project.
    b. Project No.: P-2149-131.
    c. Date Filed: May 27, 2010.
    d. Applicant: Public Utility District No. 1 of Douglas County,
Washington.
    e. Location: The existing project is located at river mile 515.6 on
the Columbia River in Chelan, Douglas, and Okanogan Counties in central
Washington. The project occupies 15.15 acres of Federal land
administered by the Department of the Interior and the U.S. Corps of
Engineers.
    g. Filed Pursuant to Rule 602 of the Commission's Rules of Practice
and Procedure, 18 CFR 385.602 Federal Power Act 16 U.S.C. 791 (a)-
825(r).
    h. Applicant Contact: Shane Bickford, Natural Resources Supervisor,
Public Utility District No. 1 of Douglas County, 1151 Valley Mall
Parkway, East Wenatchee, WA 98802-4497;<PHONE_NUMBER>.
    i. FERC Contact: Kim A. Nguyen<PHONE_NUMBER> or e-mail at
<EMAIL_ADDRESS>    j. Deadline for filing comments on the Settlement: July 27, 2010.
Reply comments due August 6, 2010. All comments should be filed
electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site (http://www.ferc.gov/docs-
filing/ferconline.asp) under the ``eFiling'' link. For a simpler method
of submitting text only comments, click on ``Quick Comment.'' For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>call toll-free at<PHONE_NUMBER>; or, for
TTY, contact<PHONE_NUMBER>. Although the Commission strongly
encourages electronic filing, documents may also be paper-filed. To
paper-file, mail an original and eight copies to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC.
    k. The Public Utility District No. 1 of Douglas County (Douglas
PUD) filed an aquatic settlement agreement (Settlement) on behalf of
Douglas PUD; U.S. Fish and Wildlife Service; U.S. Bureau of Land
Management; Washington Department of Fish and Wildlife; Washington
Department of Ecology; Confederated Tribes of the Colville Reservation;
and Confederated Bands and Tribes of the Yakama Nation (collectively,
the Parties). The Settlement resolves among the Parties all remaining
aquatic resource issues and includes proposed license articles and six
aquatic resource management plans for white sturgeon, bull trout,
Pacific lamprey, resident fish, aquatic nuisance species and water
quality. The Parties request that the Commission accept and
incorporate, without material modification, all of the proposed license
articles in Attachment A of the Settlement in the new project license
for the Wells Project.
    l. A copy of the Settlement is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov, using the ``e-Library''
link. Enter the docket number, excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    Register online at http://www.ferc.gov/esubscribenow.htm to be
notified via e-mail of new filings and issuances related to this or
other pending projects before the Commission. For assistance, contact
FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-17105 Filed 7-13-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Rules and Regulations]
[Pages 22190-22192]
[FR Doc No: 2013-08599]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-1295; Airspace Docket No. 12-AAL-10]
RIN 2120-AA66

Modification of Area Navigation (RNAV) Route T-266; AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies low-altitude RNAV route T-266 in the
state of Alaska by removing two non-directional beacons (NDB) as the
navigation signal source for segments of the route and replacing them
with RNAV waypoints. This action enhances the safety and efficiency of
the National Airspace System (NAS).

DATES: Effective date 0901 UTC, June 27, 2013. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and ATC
Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA published in the Federal Register a notice of proposed
rulemaking (NPRM) to modify T-266 in the state of Alaska (78 FR 4353,
January 22, 2013). Interested parties were invited to participate in
this rulemaking effort by submitting written comments on the proposal.
Two comments were received.

Discussion of Comments

    One commenter wrote that moving the RADKY fix, as proposed, would
require revision of the JUNEAU FOUR Departure procedure that serves the
Juneau International Airport. The commenter noted that other waypoints
being added to T-266 also form part of special Capstone low level route
R2015 and any future modification of those points could require
reissuance of the special Capstone charts.
    The FAA will amend all procedures affected by the relocation of the
RADKY fix. Additionally, there are no plans to modify waypoints
associated with route R2015.
    Another commenter stated that more information should be provided
regarding how pilots would benefit from the change. The commenter also
questioned whether plans to remove/reduce the number of NDBs within the
NAS was the driving cause for the change.
    The current track of T-266 consists of two minimum en route
altitudes (MEA): 6,500 feet MSL between the Coghlin Island NDB and the
Frederick's Point NDB; and 6,200 feet MSL between the Frederick's Point
NDB and the Annette Island VOR. The modified track of T-266 uses a
portion of Capstone route R2015. The segments on R2015 have MEAs
ranging from 4,500 feet MSL to

6,200 feet MSL. This enables aircraft in the vicinity of Wrangell and
Petersburg to take advantage of lower MEAs while transitioning into and
out of airports at those cities. Additionally, the lower MEAs will
benefit aircraft transiting that area by making lower altitudes
available when icing conditions are encountered. The amended T-266 will
also facilitate future amendment of the RNAV (GPS) approaches into
Petersburg and Wrangell to incorporate transitions from T-266.
    The amendment of T-266 is not being driven specifically by any plan
to decommission NDBs. T-routes are RNAV routes. As the NAS transitions
to performance-based navigation, reduced reliance will be placed on
ground-based navigation aids. Removing the NDBs from T-266 both
``unties'' the route from those facilities should future plans call for
them to be decommissioned and also advances the transition to
satellite-based navigation.

The Rule

    This action amends Title 14 Code of Federal regulations (14 CFR),
part 71 by modifying RNAV route T-266 in Alaska. T-266 is currently
defined by the Coghland Island, AK, NDB, the Fredericks Point, AK, NDB
and the Annette Island, AK, VOR/DME. The Annette Island VOR/DME remains
as one end point of the route, but the two NDBs are removed from the
route description and replaced by the addition of eight RNAV waypoints
(WP). The existing RADKY, AK, fix (near the Coghland Island NDB) is
relocated to the southeast of its current position and serves as the
other endpoint of the route. These changes enhance safety by providing
lower IFR minimum en route altitudes on T-266 allowing aircraft to fly
at lower altitudes when inflight icing conditions are encountered.
Additionally, the changes support the expanded use of RNAV within the
NAS by reducing the reliance on ground-based NDBs for navigation
guidance.
    Area navigation routes are published in paragraph 6011 of FAA Order
7400.9W, dated August 8, 2012 and effective September 15, 2012, which
is incorporated by reference in 14 CFR 71.1. The area navigation routes
listed in this document will be published subsequently in the Order.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (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 only affects air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, does not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 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. 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
the 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 modifies the route structure as required to preserve
the safe and efficient flow of air traffic.

Environmental Review

    The FAA has reviewed the above referenced action and determined
that it is categorically excluded from further environmental
documentation according to FAA Order 1050.1E, Environmental Impacts:
Policies and Procedures, in accordance with paragraphs 311a.
Additionally, the implementation of this action will not result in any
extraordinary circumstances in accordance with FAA Order 1050.1E
paragraph 304.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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 7400.9W,
Airspace Designations and Reporting Points, dated August 8, 2012, and
effective September 15, 2012, is amended as follows:

Paragraph 6011--United States area navigation routes

* * * * *

T-266 RADKY, AK to Annette Island, AK (ANN) [Amended]
RADKY, AK                        Fix                (Lat. 58[deg]08'00'' N., long. 134[deg]29'56'' W.)
XADZY, AK                        WP                 (Lat. 57[deg]01'00'' N., long. 133[deg]00'00'' W.)
VULHO, AK                        WP                 (Lat. 56[deg]49'05'' N., long. 132[deg]49'30'' W.)
FOGID, AK                        WP                 (Lat. 56[deg]43'31'' N., long. 132[deg]42'02'' W.)
YICAX, AK                        WP                 (Lat. 56[deg]39'45'' N., long. 132[deg]37'00'' W.)
NEREE, AK                        WP                 (Lat. 56[deg]32'36'' N., long. 132[deg]30'34'' W.)
VAZPU, AK                        WP                 (Lat. 56[deg]27'24'' N., long. 132[deg]25'56'' W.)
DOOZI, AK                        Fix                (Lat. 55[deg]37'57'' N., long. 132[deg]10'29'' W.)
Annette Island, AK (ANN)         VOR/DME            (Lat. 55[deg]03'37'' N., long. 131[deg]34'42'' W.)

* * * * *

    Issued in Washington, DC, on April 8, 2013.
Gary A. Norek,
Manager, Airspace Policy and ATC Procedures Group.
[FR Doc. 2013-08599 Filed 4-12-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Rules and Regulations]
[Page 69531-69532]
[DOCID:fr19no08-3]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 200

[Release No. 34-58938]

Delegation of Authority to the Director of the Office of
Compliance Inspections and Examinations and the Secretary of the
Commission

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is
amending Rules 30-18 \1\ and 30-7 \2\ to delegate to the Director of
the Office of Compliance Inspections and Examinations (``OCIE'') and
the Secretary of the Commission, respectively, functions currently
delegated to the Associate Executive Director of the Office of Filings
and Information Services (``OFIS''). This re-delegation reflects the
transfer to OCIE and the Office of the Secretary of functions
previously performed by OFIS, which was fully dissolved in May 2007.
The Commission is delegating to the Director of OCIE functions relating
to, among other things, the granting and cancellation of the
registrations of brokers, dealers, municipal securities dealers,
government securities brokers or government securities dealers for
which the Commission is the appropriate regulatory agency, transfer
agents, and investment advisers. The Commission is delegating to the
Secretary of the Commission the function of authenticating all
Commission documents produced for administrative and judicial
proceedings.
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    \1\ 17 CFR 200.30-18: Delegation of Authority to Director of the
Office of Compliance Inspections and Examinations.
    \2\ 17 CFR 200.30-7: Delegation of Authority to Secretary of the
Commission.

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DATES: Effective Date: November 19, 2008.

FOR FURTHER INFORMATION CONTACT: For information regarding the
delegation of authority to the Director of OCIE, contact John Walsh,
Associate Director--Chief Counsel, at<PHONE_NUMBER>, or Nancy
Hansbrough, Assistant Chief Counsel, at<PHONE_NUMBER>. For information
regarding the delegation of authority to the Secretary of the
Commission, contact Florence Harmon, Acting Secretary, at (202) 551-
5604.

SUPPLEMENTARY INFORMATION:

I. Discussion

    The advent of the Commission's Electronic Data Gathering and
Retrieval (``EDGAR'') system in the 1980s diminished the need for the
processing of paper filings (formerly the primary function of OFIS and
its predecessor offices) and, as a result, the number of staff to
handle the filings. In recognition of this diminished need, OFIS was
dissolved fully in May 2007, with its functions allocated among other
divisions and offices within the Commission in order to achieve greater
efficiencies. Certain of these functions are now performed by OCIE and
the Office of the Secretary of the Commission.\3\
---------------------------------------------------------------------------

    \3\ See 17 CFR 200.30-11: Delegation of Authority to Associate
Executive Director of the Office of Filings and Information
Services.
---------------------------------------------------------------------------

    The Commission today is amending Rule 30-18 \4\ and Rule 30-7,\5\
which specify the functions delegated to the Director of OCIE and the
Secretary of the Commission, respectively, to include functions
currently delegated to the Associate Executive Director of OFIS in Rule
30-11.\6\ The functions that are being delegated to the Director of
OCIE include, among other things, the granting and cancellation of the
registrations of brokers, dealers, municipal securities dealers,
transfer agents, investment advisers, and government securities brokers
or government securities dealers for which the Commission is the
appropriate regulatory agency.\7\ They also include the functions of
notifying a broker or dealer that has failed to comply with certain
requirements of the Securities Investor Protection Act of 1970 that it
is unlawful to engage in business as a broker or dealer, and of
authorizing a broker or dealer to resume business upon compliance.\8\
The function that is being delegated to the Secretary of the Commission
is to authenticate all Commission documents produced for administrative
and judicial proceedings.\9\ As a result of these re-delegations, Rule
30-11 is being removed and reserved.
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    \4\ 17 CFR 200.30-18.
    \5\ 17 CFR 200.30-7.
    \6\ 17 CFR 200.30-11: Delegation of Authority to Associate
Executive Director of the Office of Filings and Information
Services.
    \7\ See 17 CFR 200.30-11(a)-(b).
    \8\ See 17 CFR 200.30-11(c).
    \9\ See 17 CFR 200.30-11(e).
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II. Administrative Procedures Act and Other Administrative Laws

    The Commission has determined that these amendments to its rules
relate solely to the agency's organization, procedure or practice.
Therefore, the provisions of the Administrative Procedures Act
(``APA'') regarding notice of proposed rulemaking and opportunities for
public participation are not applicable.\10\ For the same reason, and
because these amendments do not substantially affect the rights or
obligations of non-agency parties, the provisions of the Small Business
Regulatory Enforcement Fairness Act are not applicable.\11\ In
addition, the provisions of the Regulatory Flexibility Act, which apply
only when notice and comment are required by the APA or

other law, are not applicable.\12\ Finally, these amendments do not
contain any collection of information requirements as defined by the
Paperwork Reduction Act of 1995, as amended.\13\
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    \10\ 5 U.S.C. 533.
    \11\ 5 U.S.C. 804.
    \12\ 5 U.S.C. 601-12.
    \13\ 44 U.S.C. 3501-20.
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III. Cost Benefit Analysis

    The Commission is sensitive to the costs and benefits imposed by
its rules. The rule amendments the Commission is adopting today re-
delegate functions from the Associate Executive Director of OFIS to the
Director of OCIE and the Secretary of the Commission to reflect the
transfer of OFIS's responsibilities to OCIE and the Office of the
Secretary. The re-delegation will update the Commission's rules to
accurately reflect that OCIE and the Office of the Secretary are
performing functions previously performed by OFIS. The Commission does
not believe that the rule amendments will impose any costs on non-
agency parties, or that if there are costs, they are negligible.

IV. Consideration of Burden on Competition

    Section 23(a)(2) of the Securities Exchange Act of 1934 (``Exchange
Act'') requires the Commission, in making rules pursuant to any
provision of the Exchange Act, to consider among other matters the
impact any such rule would have on competition. The Commission does not
believe that the amendments that the Commission is adopting today will
have any impact on competition.

V. Statutory Basis

    The amendments to the Commission's delegations are being adopted
pursuant to statutory authority granted to the Commission, including
Section 4A of the Exchange Act.

VI. Text of Final Amendments

List of Subjects in 17 CFR Part 200

    Administrative practices and procedures, Authority delegations
(Government agencies).

0
For the reasons set out in the preamble, Title 17, Chapter II of the
Code of Federal Regulations is amended as follows:

PART 200--ORGANIZATION; CONDUCT AND ETHICS; AND INFORMATION AND
REQUESTS

Subpart A--Organization and Program Management

0
1. The authority citation for part 200 subpart A continues to read in
part as follows:

    Authority: 15 U.S.C. 77o, 77s, 77sss, 78d, 78d-1, 78d-2, 78w,
78ll(d), 78mm, 80a-37, 80b-11, and 7202, unless otherwise noted.
* * * * *

0
2. Amend Sec.  200.30-7 by redesignating paragraph (c) as paragraph
(d).

0
3. Section 200.30-11(e) is redesignated as Sec.  200.30-7(c).

0
4. Amend Sec.  200.30-18 by redesignating paragraph (j) as paragraph
(m).

0
5. Section 200.30-11 paragraphs (a), (b), and (c) are redesignated as
Sec.  200.30-18 paragraphs (j), (k), and (l).

0
6. Remove and reserve Sec.  200.30-11.

    By the Commission.

    Dated: November 13, 2008.
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-27403 Filed 11-18-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: December 31, 2008 (Volume 73, Number 251)]
[Notices]
[Page 80492-80494]
[DOCID:fr31de08-114]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59145; File No. SR-NYSE-2008-101]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change To Establish Its New Risk
Management Gateway Service

December 22, 2008.
    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 12, 2008, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to establish its new Risk Management Gateway
(``RMG'') service.

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

    In its filing with the Commission, NYSE 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. NYSE 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 Exchange proposes to offer, through its wholly-owned subsidiary
NYSE Euronext Advanced Trading Solutions, Inc., the Risk Management
Gateway (``RMG'') service to NYSE members and member organizations.
NYSE Transact Tools, Inc., a division of the NYSE Euronext Advanced
Trading Solutions Group (``NYXATS''), owns RMG.\3\
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    \3\ NYXATS will similarly offer the same services to NYSE
Alternext via a separate filing SR-NYSEALTR-2008-12.
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Background
    NYSE Rule 54 provides that only members are permitted to ``* * *
make or accept bids or offers, consummate transactions, or otherwise
transact business on the Floor for any security admitted to dealings on
the [Exchange] * * *.'' \4\ However, the Exchange permits NYSE members
and member organizations (a ``Sponsoring Member Organization'') to
sponsor access to Exchange systems by non-member firms or customers
(``Sponsored Participants'').
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    \4\ See also NYSE Rule 2.
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    Prior to August 2008, requirements related to sponsored access on
the Exchange were included in certain NYSE rules that govern specific
Exchange products or facilities: NYSE MatchPoint\SM\ \5\ and NYSE
Bonds\SM\.\6\ However, in August, the Exchange submitted a rule change
to the SEC to amend NYSE Rule 123B (Exchange Automated Order Routing
System) \7\ in order to create a general sponsored access rule that
permits a Sponsoring Member Organization to sponsor a Sponsored
Participant's access to Exchange systems for the Sponsored
Participant's entry and execution of orders on the Exchange. The
proposed amendments to NYSE Rule 123B reflect the Exchange's general
policy regarding sponsored access to the Exchange, though they do not
govern NYSE MatchPoint or NYSE Bonds.\8\ NYSE

Arca, Inc. and other market centers similarly permit sponsored access
to their trading systems.
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    \5\ See NYSE Rule 1500.
    \6\ See NYSE Rule 86.
    \7\ See Securities Exchange Act Release No. 58429 (August 27,
2008), 73 FR 51676 (September 4, 2008) (SR-NYSE-2008-71) (initial
filing to create NYSE's general sponsored access rule); see also,
Securities Exchange Act Release No. 58758 (October 8, 2008), 73 FR
62352 (October 20, 2008) ( SR-NYSE-2008-100) (filing to conform
NYSE's sponsored access rule to current industry standards).
    \8\ That is, currently, the provisions of NYSE Rule 123B do not
apply to NYSE Rules 1500 and 86 as those rules independently contain
provisions related to how a user gains sponsored access to the NYSE
MatchPoint and NYSE Bonds systems.
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RMG
    Traditionally, the customers of a member or member organization
gave orders to the member or member organization and the member or
member organization then submitted those orders to the Exchange on
behalf of the customer. By means of sponsored access, a member or
member organization will allow its customers to enter orders directly
into the trading systems of the Exchange as Sponsored Participants,
without the Sponsoring Member Organization acting as an intermediary.
    To facilitate the ability of Sponsoring Member Organizations to
monitor and oversee the sponsored access activity of their Sponsored
Participants, NYXATS will offer an order-verification service to
Sponsoring Member Organizations. This service will act as a risk filter
by causing the orders of Sponsored Participants to pass through RMG
prior to entering the Exchange's trading systems for execution. When a
Sponsored Participant's order passes through RMG, RMG software
determines whether the order complies with order criteria that the
Sponsoring Member Organization has established for that Sponsored
Participant. The order criteria pertain to such matters as the size of
the order (per order or daily quantity limits) or the credit limit (per
order or daily value) that the Sponsoring Member Organization has
established for the Sponsored Participant. Additional risk filters may
also be selected by the Sponsoring Member Organization relating to
specific symbols or end users.
    If the order is consistent with the parameters set by the
Sponsoring Member Organization, then RMG allows the order to continue
along its path to the Exchange's trading systems. If the order falls
outside of those parameters, then RMG returns the order to the
Sponsored Participant. RMG will only return an order to the Sponsored
Participant when the order fails to comply with the criteria set by the
Sponsoring Member Organization.
    RMG software interacts with orders only prior to the orders' entry
into the Exchange's trading system for execution. RMG does not have
order execution or trade reporting capabilities (though it will allow a
Sponsoring Member Organization to monitor the orders of its Sponsored
Participants). RMG maintains a record of all messages relating to
Sponsored Participants' transactions and supplies a copy of such
messages to the applicable Sponsoring Member Organization.
    The Sponsoring Member Organization, and not RMG, will have full
responsibility for ensuring that Sponsored Participants' sponsored
access to the Exchange complies with the Exchange's sponsored access
rules. The use of RMG by a Member Organization does not automatically
constitute compliance with Exchange rules.
    NYXATS will host RMG software on NYXATS' infrastructure. After
passing through RMG software, each order will enter the NYSE Common
Customer Gateway (CCG) for connectivity to the Exchange's matching
engine. In the future NYXATS may integrate RMG into the NYSE CCG for
more direct access to the Exchange's matching engine.
    The Exchange does not require Sponsoring Member Organizations to
use RMG (even when it is integrated into NYSE CCG in the future).
Sponsoring Member Organizations are free to use a competing risk-
management service or to use none at all. The Exchange will not provide
preferential treatment to Sponsoring Member Organizations using RMG.
    The Exchange proposes to make RMG available to its members and
member organizations pursuant to contractual arrangements. The Exchange
believes that RMG will offer its members and member organizations
another option in the efficient risk management of its Sponsored
Participant's access to the NYSE.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under section 6(b)(5) \9\ that an Exchange have rules that
are designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, to protect
investors and the public interest. The proposed rule change also is
designed to support the principles of section 11A(a)(1) \10\ in that it
seeks to assure economically efficient execution of securities
transactions, make it practicable for brokers to execute investors'
orders in the best market and provide an opportunity for investors'
orders to be executed without the participation of a dealer. The
Exchange believes that RMG is consistent with all the aforementioned
principles because it fosters competition by providing another option
in the efficient risk management of trading on the Exchange without the
participation of a dealer.
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    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78k-1(a)(1).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-NYSE-2008-101 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2008-101. 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, 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 Number SR-
NYSE-2008-101 and should be submitted on or before January 21, 2009.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-31102 Filed 12-30-08; 8:45 am]

BILLING CODE 8011-01-P