[Federal Register: November 9, 2006 (Volume 71, Number 217)]
[Notices]
[Page 65862-65863]
[DOCID:fr09no06-149]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54695; File No. SR-NASD-2006-116]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Modify Pricing for NASD Members Using ITS/CAES, Brut and
Inet

November 2, 2006.
    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 September 29, 2006, the National Association of Securities Dealers,
Inc. (``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``Nasdaq''), 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 Nasdaq.
Nasdaq submitted the proposed rule change under Section 19(b)(3)(A) of
the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to modify the pricing for NASD members using ITS/
CAES, Brut, and Inet. Nasdaq implemented the proposed rule change on
October 2, 2006. The text of the proposed rule change is available on
the Nasdaq's Web site at http://www.nasdaq.com, at Nasdaq's Office of

the Secretary and at the Commission's Public Reference Room.

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    In response to a recently announced pricing change by NYSE Arca,
Inc. (``NYSE Arca'') \5\ and to better reflect other pre-existing NYSE
Arca charges, Nasdaq is instituting a price change for orders in non-
Nasdaq exchange-listed securities routed to NYSE Arca for execution.
Specifically, most orders in non-Nasdaq securities routed to NYSE Arca
will be assessed a routing fee of $0.0028 per share executed; the
exception will be for orders for exchange-traded funds routed outside
of the Intermarket Trading System (``ITS''),\6\ for which the fee will
remain $0.003 per share executed. By contrast, the applicable fee had
been $0.001 per share executed for orders in securities other than
exchange-traded funds and $0.0007 per share executed for orders routed
through the ITS. The price change reflects the higher costs that Nasdaq
expects to incur to access liquidity at NYSE Arca.
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    \5\ See Securities Exchange Act Release No. 54686 (November 1,
2006) (SR-NYSEArca-2006-68).
    \6\ Since October 1, 2006, the effective date of the ``Plan for
the Purpose of Creating and Operating an Intermarket Communications
Linkage Pursuant to Section 11A(a)(3)(B) of the Securities Exchange
Act of 1934'' (``Linkage Plan''), connectivity between markets is
provided pursuant to the Linkage Plan. The current ITS technology is
used to effectuate both the ITS Plan and Linkage Plan. Therefore,
the term ``ITS'' applies to the technology used to effectuate both
the ITS Plan and the Linkage Plan.
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    To enhance the competitiveness of Nasdaq's DOT router to the NYSE,
Nasdaq is also instituting a cap of $100,000 per month with respect to
orders routed through DOT that do not attempt to execute against
liquidity in Nasdaq trading systems prior to routing and that are not
charged a fee by the

NSYE specialist (also known as non-billable orders). Nasdaq had
previously instituted a $60,000 per month cap for non-billable orders
that attempt to execute in Nasdaq before routing.\7\
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    \7\ The proposed rule change also deletes obsolete rule language
regarding fees charged to persons that are not NASD members using
Brut or Inet. Persons who are not NASD members are no longer
permitted to use these systems for trading non-Nasdaq securities.
Similarly, persons who are not members of The NASDAQ Stock Market
LLC may not use Brut or Inet to trade Nasdaq-listed securities.
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2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
Section 15A of the Act,\8\ in general, and furthers the objectives of
Section 15A(b)(5) of the Act,\9\ in particular, in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which the NASD operates or controls.
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    \8\ 15 U.S.C. 78o-3.
    \9\ 15 U.S.C. 78o-3(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq 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

    Nasdaq has neither solicited nor received comments on the proposed
rule change.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \10\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\11\ because it establishes or changes a due, fee, or other
charge imposed by the Nasdaq. 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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    \10\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \11\ 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-NASD-2006-116 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-NASD-2006-116. 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. Copies of such
filing also will be available for inspection and copying at the
principal offices of Nasdaq.
    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-NASD-2006-116
and should be submitted on or before November 30, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-18959 Filed 11-8-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29741-29743]
[FR Doc No: 2017-13648]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0310]
RIN 1625-AA00

Safety Zone: Vengeance Sunken Barge, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in
support of the environmental and salvage response operation to the
sunken barge Vengeance in the San Francisco Bay, east of Yerba Buena
Island and north of the Oakland Outer Harbor Entrance Channel near
Oakland, CA. All vessel traffic is prohibited from transiting the area
to allow safe response operations to be conducted. All vessels are
prohibited from entering into, transiting through, or remaining in the
safety zone without permission of the Captain of the Port or their
designated representative.

DATES: This rule is effective without actual notice from June 30, 2017
until July 31, 2017. For the purposes of enforcement, actual notice
will be used from June 1, 2017 until June 30, 2017.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2017-0310. To view these documents go to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and
click ``SEARCH.'' Click on Open Docket Folder on the line associated
with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Marcia Medina, U.S. Coast Guard Sector San
Francisco; telephone<PHONE_NUMBER> or email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

APA Administrative Procedures Act
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NAD North American Datum of 1983
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NPRM. Publishing an NPRM would be
impractical due to the emergent nature of the environmental and salvage
response to be conducted on the barge Vengeance.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard finds that it is
impracticable to provide notice and receive comment due to the emergent
nature of the environmental and salvage response to be conducted on the
barge Vengeance.

III. Legal Authority and Need for Rule

    The legal basis for the proposed rule is 33 U.S.C 1231; 50 U.S.C.
191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to establish safety zones.
    The sunken barge Vengeance creates a significant underwater hazard
to navigation to vessels transiting the San Francisco Bay. The response
operations are complex in nature and involve

multiple vessels. These operations, when conducted in close proximity
to transiting vessels, create unpredictable hazards, hence
necessitating a safety zone restricting all vessel traffic within this
impacted area until environmental response operations are complete.
This safety zone establishes a temporary restricted area on the
navigable waters of the San Francisco Bay, east of Yerba Buena Island
and north of Oakland Outer Harbor Entrance Channel within the following
points: 37[deg]48.549' N. 122[deg]20.891' W., 37[deg]48.498' N.
122[deg]21.134' W., 37[deg]48.346' N. 122[deg]21.068' W., and
37[deg]48.461' N. 122[deg]20.782' W. (NAD 83). This restricted area
applies to all vessels transiting the specified area.

IV. Discussion of the Rule

    The Coast Guard or a designated representative will enforce a
safety zone in navigable waters of the San Francisco Bay, east of Yerba
Buena Island and north of Oakland Outer Harbor Entrance Channel within
the following points: 37[deg]48.549' N. 122[deg]20.891' W.,
37[deg]48.498' N. 122[deg]21.134' W., 37[deg]48.346' N. 122[deg]21.068'
W., and 37[deg]48.461' N. 122[deg]20.782' W. (NAD 83).
    This safety zone is effective from June 1, 2017 through on July 31,
2017 or as announced via Broadcast Notice to Mariners.
    The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the sunken barge Vengeance until the
environmental and salvage response operations are complete. Except for
persons or vessels authorized by the Captain of the Port or a
designated representative, no vessel may enter or remain in the
restricted area. These regulations are needed to keep vessels safely
outside of the response zone until environmental and salvage response
operations are complete.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it.
    As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
    We expect the economic impact of this rule will not rise to the
level of necessitating a full Regulatory Evaluation. The safety zone is
limited in duration, and is limited to a narrowly tailored geographic
area. In addition, although this rule restricts access to the waters
encompassed by the safety zone, the effect of this rule will not be
significant because it is outside of the Oakland Outer Harbor Entrance
Channel and will be notified via public Broadcast Notice to Mariners to
ensure the safety zone will result in minimum impact. The entities most
likely to be affected are waterfront facilities, commercial vessels,
and pleasure craft engaged in recreational activities.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 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.
    This rule may affect the following entities, some of which may be
small entities: Owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing, if these facilities or vessels are in the
vicinity of the safety zone at times when this zone is being enforced.
This rule will not have a significant economic impact on a substantial
number of small entities for the following reasons: (i) This rule will
encompass only a small portion of the waterway for a limited period of
time, (ii) vessel traffic can transit safely around the safety zone,
and (iii) the maritime public will be advised in advance of this safety
zone via Broadcast Notice to Mariners.
    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 would affect 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 above.

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 (NEPA) (42 U.S.C. 4321-4370f), and have determined
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 a safety zone of limited size and
duration. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record
of Environmental Consideration for categorically excluded actions is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

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 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T11-857 to read as follows:

Sec.  165.T11-857  Safety Zone; Vengeance Sunken Barge, San Francisco,
CA.

    (a) Location. This temporary safety zone is established in the
navigable waters of San Francisco Bay, east of Yerba Buena Island and
north of Oakland Outer Harbor Entrance Channel within the following
points: 37[deg]48.549' N. 122[deg]20.891' W., 37[deg]48.498' N.
122[deg]21.134' W., 37[deg]48.346' N. 122[deg]21.068' W., and
37[deg]48.461' N. 122[deg]20.782' W. (NAD 83).
    (b) Enforcement period. The zone described in paragraph (a) of this
section will be enforced from June 1, 2017 through July 31, 2017 or as
announced via Broadcast Notice to Mariner. The Captain of the Port San
Francisco (COTP) will notify the maritime community of any changes to
this enforcement period via Broadcast Notice to Mariners in accordance
with 33 CFR 165.7.
    (c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR part
165, subpart C, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the COTP or a designated
representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zone through the 24-hour
Command Center at telephone<PHONE_NUMBER> or on VHF channel 16.

    Dated: June 1, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2017-13648 Filed 6-29-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 21, 2006 (Volume 71, Number 161)]
[Notices]
[Page 48571-48573]
[DOCID:fr21au06-85]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54309; File No. SR-NYSEArca-2006-25]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to the
NYSE Arca Schedule of Fees and Charges for Exchange Services

August 11, 2006.
    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 August 1, 2006, NYSE Arca, Inc. (``NYSE Arca'' 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. NYSE Arca filed the proposed
rule change pursuant to Section 19(b)(3)(A)(ii) of the Act,\3\ and Rule
19b-4(f)(2) thereunder,\4\ which renders the proposal effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to amend its Schedule of Fees and Charges
for Exchange Services (``Schedule'') in order make changes to
transaction charges, dues, and fees. The Exchange also proposes the
elimination of certain obsolete fees and the implementation of certain
new fees. The changes to the Schedule pursuant to this proposal became
effective on August 1, 2006. The text of the proposed rule change is
available on NYSE Arca's Web site at http://www.nysearca.com, at the

principal office of NYSE Arca, and at the Commission's Public Reference
Room.\5\
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    \5\ The Exchange effected certain technical changes to the
proposed Schedule via telephone. Conversation between Janet
Angstadt, Acting General Counsel, NYSE Arca and Tim Fox, Special
Counsel, Commission, on August 9, 2006.
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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 Arca 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 Arca 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
    As part of its ongoing effort to improve competitiveness through
technology and new rules, NYSE Arca is proposing changes to its
Schedule in conjunction with the implementation of its new OX trading
platform.\6\ The new rate Schedule will eliminate all application fees,
enhance Option Trading Permit (``OTP'') fees and cut transaction
charges. A new per issue fee conveying Lead Market Maker (``LMM'')
rights will also be implemented that assesses monthly fees based on the
average daily trading volume of an LMM's allocations. Under the
proposal, the Cancellation fee will be phased out, as it will only
apply to issues trading on PCX Plus. The 5% invoice surcharge that the
Exchange presently assesses will be terminated. NYSE Arca also proposes
to update any reference to the name of the Exchange contained in the
Schedule to reflect its recent name change.\7\ In order to offer a more
user-friendly format, the Schedule has also been reformatted with all
footnotes being replaced, as needed, with endnotes contained in an easy
to read summary at the end of the Schedule. What follows details the
exact nature of the changes in the Schedule.
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    \6\ OX, the Exchange's new electronic trading platform for
options will be replacing PCX Plus, the Exchange's existing
electronic trading system. OX is being introduced as a part of a
phased-in rollout in August 2006. See Securities Exchange Act
Release No. 54238 (July 28, 2006), 71 FR 44758 (August 7, 2006) (SR-
NYSEArca-2006-13).
    \7\ The Exchange recently amended its rules to reflect these
name changes: from Pacific Exchange, Inc. to NYSE Arca, Inc.; from
PCX Equities, Inc. to NYSE Arca Equities, Inc.; from PCX Holdings,
Inc., to NYSE Arca Holdings, Inc.; and from the Archipelago
Exchange, L.L.C. to NYSE Arca, L.L.C. See Securities and Exchange
Act Release No. 53615 (April 7, 2006), 71 FR 19226 (April 13, 2006)
(SR-PCX-2006-24).
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Application Fees
    All application fees will be eliminated. These include the
Application fee, Reapplication fee, OTP Activation fees and the Joint
Account Application fee. The OTP Intra Firm Transfer fees are also
being eliminated.
OTP Fees
    OTP Trading Participant Rights will replace the existing OTP Fee of
$750 per month, which has been applicable to Floor Brokers, Market
Makers and off floor firms. OTP Trading Participation Rights for Floor
Brokers and Office Firms will now be $1,000 per month per OTP. Under
the proposal, neither group will pay for an access fee. The existing
Access fee of $130 will only be assessed on registered floor personnel
that do not pay an OTP fee. The $5,000 per month fee cap on Access fees
will be eliminated. The existing $500 per month Floor Broker fee will
no longer apply.
    OTP Trading Participant Rights for NYSE Arca Market Makers will be
$4,000 fee per OTP. Participation Rights for NYSE Arca Market Makers
will be subject to a monthly cap of $16,000 per Market Maker. Under the
proposed changes, Market Makers will no longer pay the existing $1,500
Market Maker fee or the $130 Access fee. Although the direct expense
associated with a single OTP will increase, the Exchange believes that
restructuring of fixed fees relative to transaction fees will encourage
trading on the Exchange by market makers. In addition, the maximum cost
for a market making firm to stream quotes and transact business in all
issues on the Exchange has been significantly reduced, from $33,280 per
month to $16,000 per month.
Lead Market Maker Rights
    OTP Firms acting as LMMs will be assessed a fee for LMM Rights on a
per issue basis in addition to the OTP Trade Participant Rights. The
LMM Rights, assessed on every issue that an LMM

has been allocated, will be based on the average daily volume (``ADV'')
of customer contracts traded in that issue. The ADV will be calculated
using customer volume figures as reported by the Options Clearing
Corporation.\8\
---------------------------------------------------------------------------

    \8\ The Exchange notes that a number of institutional and large
size transactions sometimes skew average daily volumes. These trades
usually clear under firm and market maker clearance accounts. To
ensure that LMMs are not disadvantaged by these levels of activity,
customer volumes are therefore being used in the calculation of the
LMM Rights Fee. For the purposes of calculating this fee, the ADV
will be based on a trailing 3-month average.
---------------------------------------------------------------------------

    For issues with an ADV of between 0-2,000 contracts, the LMM Rights
fee will be $150 per stock. For issues with an ADV of between 2,001 and
5,000 contracts, the LMM Rights fee will be $400 per stock. For issues
with an ADV of between 5,001-15,000 contracts, the LMM Rights fee will
be $750 per stock. For issues with an ADV of between 15,001 and 100,000
contracts, the LMM Rights fee will be $1,500 per stock and for issues
that trade with an ADV in excess of 100,000 contracts per month the LMM
Rights fee will be $3,000 per stock. This fee will help offset the
costs incurred to provide technology and other infrastructure to
support firms operating on the trading platform of the Exchange. This
fee will be assessed at the end of each month on each issue that an LMM
holds in its LMM appointment. In the event that an LMM has voluntarily
delisted an issue prior to the end of the month, the full monthly rate
will still apply. LMMs will not incur LMM fees on issues that they
trade that are not included in their LMM appointment. An Interim
LMM,\9\ that is temporarily allocated an issue(s) by the Exchange will
not be assessed an LMM rights fee for those issues. This fee will not
apply in the event an issue has been designated for ``closing
transactions only'' and is subject to delisting by the Exchange.
---------------------------------------------------------------------------

    \9\ If an LMM has been relieved of an appointment or resigns or
if the allocation otherwise becomes vacant, the Exchange may
designate an interim LMM or a Market Maker trading crowd pending the
conclusion of a new LMM selection process. The designation of an
interim LMM is not a prejudgment of the new LMM selection process.
See NYSE Arca Rule 6.82(b)(4) (Interim LMMs).
---------------------------------------------------------------------------

Per Contract Charges
    Options per contract transaction charges will reflect the following
rate schedule:

------------------------------------------------------------------------
                                                               Rate per
                         Order type                            contract
------------------------------------------------------------------------
LMM.........................................................       $0.09
NYSE Arca Market Maker......................................        0.16
Broker Dealer Electronic....................................        0.50
Broker Dealer Manual........................................        0.26
Customer Electronic.........................................        0.00
Customer Manual.............................................        0.00
Firm........................................................        0.15
------------------------------------------------------------------------

    NYSE Arca Market Maker charges will be reduced from $0.26 per
contact to $0.16 per contract. A new $0.09 per contract fee will now
apply to LMMs on all trades that they transact in issues in which they
are the appointed LMM. Previously, LMMs were charged the $0.26 Market
Maker rate on all transactions. Certain LMM transactions previously
qualified for the Firm transaction fee. Going forward, in the event of
the LMM fee conflicts with the Firm transaction fee, the lower rate
will always apply. The Exchange will continue to rebate LMM transaction
fees for executions that result from the LMM sending Linkage Orders
\10\ executed on other exchanges. In addition to the aforementioned
rebate, the Exchange will continue to credit Market Makers $0.26 per
contract for executions that result from the LMM sending Linkage Orders
to other exchanges.
---------------------------------------------------------------------------

    \10\ ``Linkage Orders'' are Immediate or Cancel orders routed
through the Intermarket Option Linkage containing certain
information prescribed in the Plan for the Purpose of Creating and
Operating an Intermarket Option Linkage (``Linkage Plan''). See
Section 2(16) of the Linkage Plan. See also NYSE Arca Rule
6.92(a)(12).
---------------------------------------------------------------------------

    Manual broker dealer (``BD'') executions, presently $0.26 per
contract, will remain unchanged. Electronic BD executions will now be
assessed a transaction fee of $0.50 per contract (instead of $0.51
total charge that was comprised of the $0.26 transaction fee and $0.25
surcharge). BD fees are not assessed on NYSE Arca Market Makers. The BD
Surcharge is being eliminated to provide for simplification of rates.
Specifically, the old rate schedule required the addition of the
Transaction charge and the Surcharge to come up with the total cost;
the new rate schedule rolls it up into one category.
    In the descriptive language associated with Limit of Fees on
Strategy Executions under the Trade Related Charges section of the
Schedule, a reference to the ``on line comparison fee'' has been
deleted. The on line comparison fee as it applied to these trades was
eliminated from the Schedule in a recent filing with the
Commission.\11\ A reference to the fee was inadvertently left in this
section. This change is for housekeeping purposes and makes no
substantive change.
---------------------------------------------------------------------------

    \11\ The Exchange amended the Schedule in order to combine a
$0.21 transaction fee and a $0.05 comparison fees into one $0.26
transaction fee for Market Maker, Firm and Broker Dealer executions.
See Securities Exchange Act Release No. 53485 (March 14, 2006), 71
FR 14564 (March 22, 2006) (SR-PCX-2006-15).
---------------------------------------------------------------------------

Cancellation Fees
    The order cancellation fee will be phased out, as it will only be
assessed on issues trading on PCX Plus. This fee has been typically
assessed by most options exchanges to help mitigate congestion caused
by trading participants that have excessive cancellations. NYSE Arca
believes its new OX trading platform will be robust enough to handle
this traffic, and therefore a fee designed to mitigate incoming order
flow is no longer necessary.
The 5% Surcharge Fee
    NYSE Arca will no longer assess a 5% Surcharge Fee on an OTP
Holder's and OTP Firm's monthly invoice. Eliminating this fee will
assist NYSE Arca in being more price competitive with other Exchanges.
Other Changes
    Booth Fees on the Options Floor will be consolidated into one rate:
$350 per month per booth, regardless of the size or location of the
booth. The ACTANT server fee of $100 per month will be eliminated. A
$175 Electronic Order Capture (``EOC'') fee will replace the Floor
Broker Hand Held device fee. The EOC system will now encompass all
order handling functions previously done on the Floor Brokers Hand
Held. The $175 fee will apply to each EOC device.
    NYSE Arca Equities Regulatory Fees are being removed from the NYSE
Arca Options Schedule. These fees were incorporated into the NYSE Arca
Equities Fee Schedule as part of a separate filing.\12\
---------------------------------------------------------------------------

    \12\ SR-NYSEArca-06-43, filed with the Commission on June 30,
2006, was effective upon filing.
---------------------------------------------------------------------------

    Various other charges that have become obsolete over time will be
eliminated. Trade Match tables are no longer used; therefore, the fee
associated with them will be deleted. The Exchange will no longer have
an Agency Stock Execution Fee nor assess a Market Maker give-up charge,
as these fees are no longer applicable in today's marketplace. POETS
Workstations, which are used in OTP floor booths, will now include
other applications, and will now be called ``Booth Workstations.'' The
Standard Report Package is a printed report that the Exchange
previously produced for OTP Holders. The information contained in the
report is now available

electronically and can be accessed free of charge. Therefore, the fee
will be eliminated.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Act,\13\ in general, and
with Section 6(b)(4) of the Act,\14\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among OTP Holders, OTP Firms.\15\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
    \15\ The Exchange removed a reference in the Statutory Basis
Section of the filing relating to the applicability of the fees to
``other market participants trading options contracts on certain
ETFs'' via telephone. Conversation between Pete Armstrong, NYSE Arca
and Tim Fox, Special Counsel, Commission, on August 10, 2006.
---------------------------------------------------------------------------

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

    NYSE Arca does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change is subject to Section 19(b)(3)(A)(ii) of
the Act \16\ and subparagraph (f)(2) of Rule 19b-4 thereunder \17\
because it establishes or changes a due, fee, or other charge
applicable only to a member imposed by the self-regulatory
organization. Accordingly, the proposal is effective upon Commission
receipt of the filing. 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.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \17\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-NYSEArca-2006-25 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File No. SR-NYSEArca-2006-25. 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. Copies of such
filing will also be available for inspection and copying at the
principal office of the NYSE Arca. 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-NYSEArca-2006-25 and
should be submitted on or before September 11, 2006.
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\18\
Nancy M. Morris,
Secretary.
[FR Doc. E6-13729 Filed 8-18-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: December 8, 2006 (Volume 71, Number 236)]
[Notices]
[Page 71148]
[DOCID:fr08de06-63]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER02-302-000]

Duke Energy Murray, LLC; Notice of Issuance of Order

December 1, 2006.
    Duke Energy Murray, LLC (Duke Murray) filed an application for
market-based rate authority, with an accompanying rate tariff and a
code of conduct. The proposed market-based rate tariff provides for the
sale of capacity, energy and ancillary services at market-based rates
and for the reassignment of transmission capacity. Duke Murray also
requested waivers of various Commission regulations. In particular,
Duke Murray requested that the Commission grant blanket approval under
18 CFR Part 34 of all future issuances of securities and assumptions of
liability by Duke Murray.
    On January 11, 2002, pursuant to delegated authority, the Director,
Division of Tariffs and Rates--East, granted the requests for blanket
approval under Part 34. The Director's order also stated that the
Commission would publish a separate notice in the Federal Register
establishing a period of time for the filing of protests. Accordingly,
any person desiring to be heard or to protest the blanket approvals of
issuances of securities or assumptions of liability by Duke Murray
should file a motion to intervene or protest with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure, 18 CFR 385.211, 385.214 (2006).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is December 15, 2006.
    Absent a request to be heard in opposition by the deadline above,
Duke Murray is authorized to issue securities and assume obligations or
liabilities as guarantor, indorser, surety, or otherwise in respect of
any security of another person, provided that such issuance or
assumption is for some lawful object within the corporate purposes of
Duke Murray, compatible with the public interest, and is reasonably
necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Duke Murray's issuance of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the internet in lieu of paper. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the e-Filing link. The Commission strongly encourages electronic
filing.

Magalie R. Salas,
Secretary.
[FR Doc. E6-20819 Filed 12-7-06; 8:45 am]

BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual  to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel strongly about e-cigarettes as an alternative to combustible cigarettes. I believe that electronic cigarettes saved my life after 27 years as a smoker of analog cigarettes. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further. Rob Smith


[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Rules and Regulations]
[Pages 17493-17494]
[FR Doc No: 2018-08319]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0068]

Safety Zone; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone-Rockets for Schools Rocket Launch,
Sheboygan Harbor, Sheboygan, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the safety zone on the Sheboygan
Harbor, near the Sheboygan South Pier in Sheboygan, WI for the Rockets
for Schools Rocket Launch on May 12, 2018. This action is necessary and
intended to ensure safety of life on navigable waterways before, during
and after this event. During the aforementioned period, the Coast Guard
will enforce restrictions upon, and control movement of, vessels in the
safety zone. No person or vessel may enter the safety zone while it is
being enforced without permission of the Captain of the Port Lake
Michigan or a designated representative.

DATES: The regulations in 33 CFR 165.929 will be enforced for safety
zone (c)(3), Table 165.929, on May 12, 2018 from 8 a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email marine event coordinator MST1
Kaleena Carpino, Prevention Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Rockets for
School Rocket Launch Safety Zone listed as item (c)(3) in Table 165.929
of 33 CFR 165.929 on May 12, 2018 from 8 a.m. to 5 p.m. This action is
being taken to provide for the safety of life on navigable waterways of
the Sheboygan Harbor in Sheboygan, WI. This safety zone will encompass
all waters of the Sheboygan Harbor within an arc of a circle with a
1500 yard radius from a center point launch position at 43[deg]44.914'
N, 087[deg]41.869' W (NAD 83). As specified in 33 CFR 165.929, all
vessels must obtain permission from the Captain of the Port Lake
Michigan or a designated representative to enter, move within or exit
the safety zone when it is enforced. Vessels or persons granted
permission to enter the safety zone must

obey all lawful orders or directions of the Captain of the Port Lake
Michigan or a designated representative.
    This notice of enforcement is issued under authority of 33 CFR
165.929; Safety Zones; Annual events requiring safety zones in the
Captain of the Port Lake Michigan zone, and 5 U.S.C. 552 (a). In
addition to this publication in the Federal Register, the Coast Guard
plans to provide the maritime community with advance notification for
the enforcement of this zone via Broadcast Notice to Mariners or Local
Notice to Mariners. The Captain of the Port Lake Michigan or a
representative may be contacted via Channel 16, VHF-FM.

    Dated: March 14, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2018-08319 Filed 4-19-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: January 31, 2008 (Volume 73, Number 21)]
[Rules and Regulations]
[Page 5733-5735]
[DOCID:fr31ja08-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0105; Directorate Identifier 2008-CE-001-AD;
Amendment 39-15355; AD 2008-03-06]
RIN 2120-AA64

Airworthiness Directives; Stemme GmbH & Co. KG Model S10-VT
Powered Sailplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by the aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    A leakage in the area of a plastic T-connector was found during
a daily pre-flight check. The investigation has shown a crack in the
centre part of this connector.

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective February 20, 2008.
    On February 20, 2008, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
    We must receive comments on this AD by March 3, 2008.

ADDRESSES: You may send comments 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Gregory Davison, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued
Emergency AD No. 2007-0315-E, dated December 21, 2007 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    A leakage in the area of a plastic T-connector was found during
a daily pre-flight check. The investigation has shown a crack in the
centre part of this connector.

    This proposed AD would require you to inspect all plastic
connectors in the area of the fuel pumps and the connection point of
the pressure lines to the fuel shut-off valve for possible leakage and
replace the plastic connectors in the fuel system with metal connectors
if leaks are found.
    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    STEMME F & D has issued Service Bulletin A31-10-082, Am.-Index:
01.a, dated November 30, 2007. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of the AD

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

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because a
leak in the area of a fuel line plastic T-connector was found, which
could result in the possibility of fuel leaking into the engine
compartment. Therefore, we determined that notice and opportunity for
public comment before issuing this AD are impracticable and that good
cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2008-0105; Directorate
Identifier 2008-CE-001-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

under the criteria of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 AD:

2008-03-06 Stemme GmbH & Co. KG: Amendment 39-15355; Docket No. FAA-
2008-0105; Directorate Identifier 2008-CE-001-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February
20, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model S10-VT powered sailplanes, serial
numbers 11-001 through 11-112, except 11-036, 11-067, 11-068, and
11-090, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    A leakage in the area of a plastic T-connector was found during
a daily pre-flight check. The investigation has shown a crack in the
centre part of this connector.

This AD requires you to inspect all plastic connectors in the area
of the fuel pumps and the connection point of the pressure lines to
the fuel shut-off valve for possible leakage and replace the plastic
connectors in the fuel system with metal connectors if leaks are
found.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Before the first flight of each day after February 20, 2008
(the effective date of this AD) until the replacement required in
paragraph (f)(3) of this AD is done, inspect all plastic connectors
in the area of the fuel pumps and the connection point of the
pressure lines to the fuel shut-off valve (behind the rear bulkhead
of the front fuselage) for possible leakage. Do the inspection
following STEMME F & D Service Bulletin A31-10-082, Am.-Index: 01.a,
dated November 30, 2007.
    (2) Before further flight after the inspection required in
paragraph (f)(1) of this AD, replace the plastic T- and Y-connectors
in the fuel system with metal connectors if leaks are found. Do the
replacements following STEMME F & D Service Bulletin A31-10-082,
Am.-Index: 01.a, dated November 30, 2007. This replacement
terminates the repetitive inspections required in paragraph (f)(1)
of this AD.
    (3) Within the next 30 days after February 20, 2008 (the
effective date of this AD), replace all plastic T- and Y-connectors
in the fuel system with metal connectors. Do the replacements
following STEMME F & D Service Bulletin A31-10-082, Am.-Index: 01.a,
dated November 30, 2007. This replacement terminates the repetitive
inspections required in paragraph (f)(1) of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Gregory Davison, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA),
Emergency AD 2007-0315-E, dated December 21, 2007, and STEMME F & D
Service Bulletin A31-10-082, Am.-Index: 01.a, dated November 30,
2007, for related information.

Material Incorporated by Reference

    (i) You must use STEMME F & D Service Bulletin A31-10-082, Am.-
Index: 01.a, dated November 30, 2007, to do the actions required by
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
STEMME GmbH & Co. KG, Flugplatzstra[szlig]e F 2, Nr. 7, 15344
Strausberg, Federal Republic of Germany; telephone: <IP_ADDRESS>12.0;
facsimile: <IP_ADDRESS>12.30.
    (3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-
register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri on January 24, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-1679 Filed 1-30-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: September 29, 2006 (Volume 71, Number 189)]
[Notices]
[Page 57596-57598]
[DOCID:fr29se06-145]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54480; File No. SR-NYSE-2006-72]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Order Granting Accelerated Approval to Proposed
Rule Change, as Amended, Relating to Exchange to Exchange Billing Under
the Linkage Plan

September 21, 2006.

    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 August 25, 2006, 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 and
II below, which Items have been prepared by the Exchange. On September
7, 2006, the Exchange filed Amendment No. 1 to the proposed rule
change.\3\ The Commission is publishing this notice to solicit comments
on the proposed rule change, as amended, from interested persons, and
is approving the proposal, as amended, on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(l).
    \2\ 17 CFR 240. 19b-4.
    \3\ See Amendment No. 1 which replaced the original filing in
its entirety.
---------------------------------------------------------------------------

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

    The Exchange proposes to permit the Exchange to bill directly, and
to accept direct billing from, other participants in the proposed
``Plan for the Purpose of Creating and Operating an Intermarket
Communications Linkage Pursuant to Section 11A(a)(3)(B) of the
Securities Exchange Act of 1934'' (``Linkage Plan'') that are unable to
implement Sponsoring Member billing, as described herein, on October 1,
2006.
    This proposal does not require changes to the Exchange's rule text.

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 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 III below. The NYSE has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such
statements.\4\
---------------------------------------------------------------------------

    \4\ The staff has made minor changes to the Exchange's summaries
pursuant to the telephone conversation between Karen Lorentz,
Managing Director, Competitive Analysis, NYSE, and Nataliya Cowen,
Special Counsel, Division of Market Regulation, Commission, on
September 15, 2006.
---------------------------------------------------------------------------

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

1. Purpose
    On July 17, 2006, the American Stock Exchange LLC, the Boston Stock
Exchange, Inc., the Chicago Board Options Exchange, Incorporated, the
Chicago Stock Exchange, Inc., The NASDAQ Stock Market LLC, the National
Stock Exchange, the New York Stock Exchange LLC, and the NYSE Arca,
Inc., executed and filed with the Commission the Linkage Plan. The
Philadelphia Stock Exchange, Inc. (``Phlx'') subsequently executed the
Linkage Plan on August 1, 2006.\5\ The Linkage Plan was filed with the
Commission pursuant to Rule 608 of Regulation NMS under the Act.\6\ The
purpose of the proposed Linkage Plan is to enable the Linkage Plan
participants to act jointly in planning, developing, operating and
regulating the NMS Linkage System (``Linkage'') that will
electronically link the Linkage Plan Participant Markets to one
another, as described in the Linkage Plan. The Linkage Plan
participants have requested that the Commission approve the Linkage
Plan by October 1, 2006. The Plan would run concurrently with the ITS
Plan from October 1, 2006 until February 5, 2007.\7\ The Linkage Plan
by its terms ends on June 30, 2007;

however, if the Linkage Plan participants wish to extend the term they
could agree to do so, subject to Commission approval.\8\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 54239 (July 28,
2006); 71 FR 44328 (August 4, 2006). A Linkage Plan, dated August 1,
2006, reflecting Phlx's inclusion as a Linkage Plan participant, was
sent to the Commission on August 8, 2006.
    \6\ 17 CFR 242.608.
    \7\ The Linkage Plan participants have requested that the
Commission grant appropriate exemptions from the ITS Plan to
accommodate this result. See letter to Nancy Morris, Secretary,
Commission, from Robert Hill, Chairman, ITS Operating Committee,
dated September 18, 2006.
    \8\ Upon implementation of Rule 611 on February 5, 2007, the ITS
Plan Participants expect to have submitted an amendment to eliminate
the ITS Plan.
---------------------------------------------------------------------------

    The Linkage Plan provides that orders must be sent to a Participant
Market through the auspices of a member of that Participant Market
(``Sponsoring Member''). An order entered through the Linkage must
specify the member of the destination market (either clearing member or
default Sponsoring Member). Pursuant to the Linkage Plan, each market
should maintain within the facilities of the Securities Industry
Automation Corporation (``SIAC''), the facilities manager for the
Linkage, a database of default Sponsoring Members for after-hours
processing and billing for orders sent to a market where the
originating firm is not a member of the market to which the order is
sent for execution.
    Historically, ITS Plan Participants have not imposed transaction
charges for executions of commitments delivered through ITS, although
the ITS Plan does not prohibit such charges. Under the Linkage Plan,
each participant would be accessed through its own members and could
charge for orders executed in its market through the Linkage. The
destination market would bill the clearing or Sponsoring Member for
executions in that market, pursuant to that market's transaction fee
schedule,\9\ based on the monthly reports provided by SIAC.\10\ Certain
markets, however, may be unable to supply clearing or Sponsoring Member
information on orders routed through the Linkage to other markets by
October 1, 2006. In this case, the Linkage Plan participants have
agreed to bill each other directly, based on data supplied by SIAC.\11\
---------------------------------------------------------------------------

    \9\ The NYSE will bill for such executions on the NYSE in
accordance with the NYSE's current transaction fee schedule. See
Securities Exchange Act Release No. 54142 (July 13, 2006), 71 FR
41493 (July 21, 2006) (SR-NYSE-2006-46).
    \10\ Under the Linkage Plan, the member of the destination
market would be identified by a unique clearing number. If the
clearing number provided by the originating Participant Market does
not identify a member of the destination market, SIAC will identify
the default Sponsoring Member of the originating market at the
destination market for the security in question and that Sponsoring
Member's identification information will be included on the order to
the destination market on all reports sent to the destination
market, including any report for billing purposes. The member
identified on the order will be responsible for any fees in the
destination market. SIAC will provide to Participants a key to match
the clearing number to the member's name.
    \11\ The National Association of Securities Dealers, Inc.
(``NASD'') is not a member of the Linkage Plan. In lieu of direct
billing to or by the NASD, Linkage Plan participants expect to bill
Alternative Display Facility (``ADF'') market participants directly
and would be directly billed by ADF market participants, based upon
data supplied by SIAC.
---------------------------------------------------------------------------

    Example: A member of a self-regulatory organization (``SRO'') A
that is not a member of SRO B sends an order through the Linkage to SRO
B for execution. In routing the transaction through the Linkage, SRO A
is unable to include Sponsoring Member information on the report. The
transaction will be included in a monthly report provided to SRO B by
SIAC (without identifying Sponsoring Member information), and SRO B may
bill SRO A directly for the transaction in accordance with SRO B's
transaction fee schedule applicable to the Linkage.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\12\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\13\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in, securities, to remove impediments to, and
perfect the mechanism of, a free and open market and a national market
system, and in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed rule change will impose no
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

    The Exchange has neither solicited nor received comments on this
proposal.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-NYSE-2006-72 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2006-72. 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. Copies of such
filing also will be available for inspection and copying at the
principal offices of NYSE. 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-2006-72 and should be submitted on or before October 20, 2006.

IV. Commission's Findings and Order Granting Accelerated Approval of a
Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change, as amended, is consistent with the requirements of the Act
and the rules and regulations thereunder, applicable to a national
securities exchange.\14\ In particular, the Commission finds that the
proposal, as amended, is consistent with the

provisions of Section 6(b)(5),\15\ in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in,
securities, to remove impediments to, and perfect the mechanism of, a
free and open market and a national market system, and in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \14\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. See
U.S.C. 78c(f).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Linkage Plan, the purpose of which is to enable its
participants to act jointly in planning, developing, operating and
regulating the NMS Linkage System electronically linking the Linkage
Plan Participant Markets to one another, is expected to become
operative on October 1, 2006. The Linkage Plan provides for a mechanism
for charging for orders executed in each Participant Market using the
information about a clearing or Sponsoring Member. Certain markets have
indicated that they may be unable to supply clearing or Sponsoring
Member information on orders routed through the Linkage to other
markets, thus under the proposed rule change, which the Commission
understands will be adopted by each of the Linkage Plan participants,
the participants have agreed to bill each other directly, based on data
supplied by SIAC.
    The Exchange has requested that the Commission approve the proposed
rule change, as amended, on an accelerated basis. The Exchange notes
that the Linkage Plan participants expect the Linkage Plan to become
operative on October 1, 2006, and that accelerated approval would
permit the Exchange to implement exchange to exchange billing
procedures at the start of the Linkage Plan's operation, allowing
Linkage Plan participants who do not have a Sponsoring Member at each
destination market, to use the Linkage Plan and pay fees directly to
the other Linkage Plan participant.\16\
---------------------------------------------------------------------------

    \16\ The Commission understands that each of the Linkage Plan
participants will file a proposed rule change similar to this one.
To date, the Amex and the Phlx have done so. See file nos. SR-Amex-
2006-85 and SR-Phlx-2006-58.
---------------------------------------------------------------------------

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\17\ for approving the proposed rule change, as amended, prior
to the thirtieth day after the date of publication of notice in the
Federal Register. Granting accelerated approval would permit the
Exchange to implement exchange to exchange billing procedures at the
start of the Linkage Plan's operation enabling Linkage Plan
participants who were not able to find a Sponsoring Member at each of
the destination markets, to use the Linkage Plan and pay fees directly
to another Linkage Plan participant.
---------------------------------------------------------------------------

    \17\ See id.
---------------------------------------------------------------------------

    Accordingly, the Commission finds that there is good cause,
consistent with Section 19(b)(2) of the Act,\18\ to approve the
proposed rule change, as amended, on an accelerated basis.
---------------------------------------------------------------------------

    \18\ See id.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change, as amended, (SR-NYSE-2006-72)
is hereby approved on an accelerated basis.
---------------------------------------------------------------------------

    \19\ See id.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-15986 Filed 9-28-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Notices]
[Page 33266]
[FR Doc No: 2012-13501]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0027]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated March 2, 2012, the Heber Valley Railroad (HVRR) has petitioned
the Federal Railroad Administration (FRA) for a waiver of compliance
from certain provisions of the Federal railroad safety regulations
contained at 49 CFR. FRA assigned the petition Docket Number FRA-2012-
0027.
    Specifically, HVRR seeks a waiver of compliance for 15 freight
cars, from 49 CFR 215.303, which requires stenciling on restricted
freight cars; and 49 CFR part 224, Reflectorization of Rail Freight
Rolling Stock. HVRR also requested a Special Approval to continue in
service of the same cars in accordance with 49 CFR Section 215.203(c).
The ages of these cars are more than 50 years from their original
construction dates, and therefore, are restricted per 49 CFR Section
215.203(a); unless HVRR receives a Special Approval from FRA.
    HVRR stated that it is a nonprofit independent agency of the State
of Utah doing business as the Heber Valley Railroad. This railroad was
a former Denver and Rio Grande Western branch line. The trains operate
on 16 miles of Class I and Class II track between Heber City and Vivian
Park, UT, at no more than 25 mph. This line is a noninsular tourist
railroad that is not connected to the general system. HVRR exercises
complete control of the operation and maintenance of the freight cars,
which are the subject of this waiver petition.
    HVRR attached to the petition letter an Exhibit A, which lists the
subject cars' types, reporting marks, construction, designs, type
components, and other items causing the restriction of some of the
cars.
    HVRR stated that the main reason for the maintenance and operation
of these historic cars is their status and attraction as operating
historic artifacts. There would be few other uses worth the expense and
effort that HVRR has put into the maintenance and upkeep of these cars.
Each car is lettered and painted according to its appearance on its
road of origin approximately 60 years ago, or in a scheme representing
one of the railroads that would have originally purchased that type of
car. HVRR further stated that stenciling the cars and adding
reflectorization in order to meet the requirements of 49 CFR Section
215.303 and Part 224 would violate the historic impression that the car
is maintained to preserve.
    The HVRR petition letter also mentioned that these freight cars
have been inspected by HVRR shop personnel and have been deemed safe
for service. These restricted cars are limited in their service by
speed, lading, and territory. HVRR's track is not connected to the
general system. The subject cars will be operated at speeds not
exceeding 25 mph, with light tonnage loading, if any. These cars will
never be subject to regular railroad interchange operations.
    HVRR believes that the restricted cars will always be operated in a
context that ensures that each car and its sensibilities are readily
accessible and known both to HVRR, as operator; and to FRA, as enforcer
of 49 CFR part 215. In making this request, HVRR understands that a
permanent roster of restricted cars shall be maintained for the benefit
of the railroad and FRA at all times.
    A copy of the petition, as well as any written communications
concerning the petition, is 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 July 20, 2012 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 comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on May 30, 2012.
Ron Hynes,
Acting Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2012-13501 Filed 6-4-12; 8:45 am]
BILLING CODE 4910-06-P