[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Proposed Rules]
[Pages 27906-27908]
[FR Doc No: 2013-11316]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-HQ-OPPT-2010-0173; FRL-9385-6]
RIN 2070-AJ56

Lead; Renovation, Repair, and Painting Program for Public and
Commercial Buildings; Notice of Public Meeting and Reopening of Comment
Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public meeting and reopening of comment period.

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SUMMARY: In 2010, EPA issued an advance notice of proposed rulemaking
(ANPRM) concerning renovation, repair, and painting activities in
public and commercial buildings. EPA is in the process of determining
whether these activities create lead-based paint hazards, and, for
those that do, developing certification, training, and work practice
requirements as directed by the Toxic Substances Control Act (TSCA).
This document announces a public meeting on June 26, 2013, and reopens
the comment period for the December 31, 2012 Federal Register document
to allow for additional data and other information to be submitted by
the public and interested stakeholders.

DATES: The public meeting will be held on June 26, 2013, from 8:30 a.m.
to 12:30 p.m. Requests to participate in the meeting must be received
on or before June 3, 2013.
    To request accommodation of a disability, please contact the
technical person listed under FOR FURTHER INFORMATON CONTACT,
preferably at least 10 days prior to the meeting, to give EPA as much
time as possible to process your request.
    Comments must be received on or before July 12, 2013. For
additional information on timeframes for submission of comments, see
Unit II. of the SUPPLEMENTARY INFORMATION.

ADDRESSES: The meeting will be held at the Environmental Protection
Agency, Room 1153, EPA East Bldg., 1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
    Requests to participate in the meeting, identified by docket
identification (ID) number EPA-HQ-OPPT-2010-0173, must be submitted to
the technical person listed under FOR FURTHER INFORMATION CONTACT.
    Submit your comments, identified by docket ID number EPA-HQ-OPPT-
2010-0173, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Hans Scheifele, National Program Chemicals Division (7404T), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-3122; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This document is directed to the public in general. However, you
may be potentially affected by this action if you manage or perform
renovations, repairs, or painting activities on the exterior or
interior of public buildings or commercial buildings. The following
list of North American Industrial Classification System (NAICS) codes
is not intended to be exhaustive, but rather provides a guide to help
readers determine whether this document applies to them. Other types of
entities not listed may also be affected. Potentially affected entities
may include:
     Building construction (NAICS code 236), e.g., commercial
building construction, industrial building construction, commercial and
institutional building construction, building finishing contractors,
drywall and insulation contractors, painting and wall covering
contractors, finish carpentry contractors, other building finishing
contractors.
     Specialty trade contractors (NAICS code 238), e.g.,
plumbing, heating, and air-conditioning contractors; painting and wall
covering contractors; electrical contractors; finish carpentry
contractors; drywall and insulation contractors; siding contractors;
tile and terrazzo contractors; glass and glazing contractors.
     Real estate (NAICS code 531), e.g., lessors of non-
residential buildings and dwellings, non-residential property managers.
     Other general government support (NAICS code 921), e.g.,
general services

departments, public property management services, government.
    If you have any questions regarding the applicability of this
action to a particular entity, consult the technical person listed
under FOR FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket ID number EPA-HQ-
OPPT-2010-0173, is available at http://www.regulations.gov or at the
Office of Pollution Prevention and Toxics Docket (OPPT Docket),
Environmental Protection Agency Docket Center (EPA/DC), EPA West Bldg.,
Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPPT
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

C. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify this document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. Follow the detailed instructions as provided
under ADDRESSES.
    iii. Respond to specific questions posed by the Agency.
    iv. Describe any assumptions and provide any technical information
and/or data that you used or that would substantiate your concern.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced by the Agency and others.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified in this document.

II. Background

    Title IV of TSCA, 15 U.S.C. 2681 et seq., was enacted to assist the
Federal Government in reducing lead exposures, particularly those
resulting from lead-based paint. Section 402(c)(3) of TSCA specifically
requires EPA to revise its Lead-based Paint Activities Regulations
(Ref. 1), promulgated under TSCA section 402(a), to apply to those
renovation and remodeling activities in target housing, public
buildings constructed before 1978, or commercial buildings that create
lead-based paint hazards. In April 2008, EPA issued the final Lead
Renovation, Repair, and Painting (RRP) Rule under TSCA section
402(c)(3) (Ref. 2). The RRP Rule covers renovation, repair, and
painting activities in target housing, which is most pre-1978 housing,
and child-occupied facilities, defined in the rule as a subset of
public and commercial buildings in which young children spend a
significant amount of time.
    Shortly after the RRP Rule was published, several lawsuits were
filed challenging the rule, asserting, among other things, that EPA
violated TSCA section 402(c)(3) by failing to address renovation
activities in public and commercial buildings. These lawsuits (brought
by environmental and children's health advocacy groups as well as a
homebuilders association) were consolidated in the Circuit Court of
Appeals for the District of Columbia Circuit. EPA engaged in collective
settlement negotiations with all the parties and on August 24, 2009,
EPA entered into an agreement with environmental and children's health
advocacy groups in settlement of their lawsuits (Ref. 3). Shortly
thereafter, the homebuilders association voluntarily dismissed its
challenge to the rule. As part of this settlement agreement, EPA agreed
to commence rulemaking to address renovations in public and commercial
buildings, other than child-occupied facilities, to the extent such
renovations create lead-based paint hazards. As an initial step, EPA
issued an ANPRM in the Federal Register on renovations in public and
commercial buildings on May 6, 2010 (Ref. 4).
    The settlement agreement has been amended and modified several
times primarily to extend deadlines in the agreement, with the most
recent amendment having been entered into by the parties on September
7, 2012. Under the terms of the amended settlement agreement, the date
by which EPA has agreed to either sign a proposed rule covering
renovation, repair, and painting activities in public and commercial
buildings, or determine that these activities do not create lead-based
paint hazards, is July 1, 2015. If EPA publishes a proposed rule in the
Federal Register, EPA agrees to take final action on or before the date
18 months after the proposed rule has published.
    In addition, EPA agreed to hold a public meeting on or before July
31, 2013, and offer an opportunity for stakeholders and other
interested members of the public to provide data and other information
that EPA may use in making its regulatory determinations. On December
31, 2012, EPA announced its intention to hold a public meeting on
public and commercial building renovations and opened a comment period
to offer interested stakeholders another opportunity to provide
information and data that EPA could use to make regulatory decisions in
this area (Ref. 5). EPA specifically requested information on the
following:
    1. The manufacture, sale, and uses of lead-based paint after 1978.
    2. The use of lead-based paint on public and commercial buildings.
    3. The frequency and extent of renovations of public and commercial
buildings.
    4. Work practices used to renovate public and commercial buildings.
    5. Dust generation and transportation from exterior and interior
renovations of public and commercial buildings.
    With this document, EPA is announcing that the public meeting will
be held on June 26, 2013, from 8:30 a.m. to 12:30 p.m. at the location
provided under ADDRESSES. EPA has developed a discussion guide for the
meeting that includes a description of the information received during
the comment period earlier this year. The discussion guide has been
placed in the docket for this action, docket ID number EPA-HQ-OPPT-
2010-0173, and is available on EPA's Web site at http://www.epa.gov/lead/rrp/index.html. The discussion guide can also be obtained from the
National Lead Information Center by calling 1-800-424-LEAD (5323) or
from the technical person listed under FOR FURTHER INFORMATION CONTACT.

    EPA is also reopening the comment period for the December 31, 2012
Federal Register document (Ref. 5) to allow interested parties to
submit additional relevant information and data before the public
meeting, although EPA is not planning to update the discussion guide to
reflect any information submitted at this time. The reopened comment
period will stay open through the public meeting on June 26, 2013, and
continue to remain open until July 12, 2013 to accommodate written
follow-up comments that participants or the general public wish to
submit after the public meeting. Comments will be accepted regardless
of whether the submitter participates in the public meeting.

III. References

    As indicated under ADDRESSES, a docket has been established for
this document under docket ID number EPA-HQ-OPPT-2010-0173. The
following is a list of the documents that are specifically referenced
in this document. The docket includes these documents and other
information including documents that are referenced within the
documents that are included in the docket, even if the referenced
document is not physically located in the docket. For assistance in
locating these other documents, please consult the technical person
listed under FOR FURTHER INFORMATION CONTACT.

    1. EPA. Lead; Requirements for Lead-Based Paint Activities in
Target Housing and Child-Occupied Facilities; Final Rule. Federal
Register (61 FR 45778, August 29, 1996) (FRL-5389-9).
    2. EPA. Lead; Renovation, Repair, and Painting Program; Final
Rule. Federal Register (73 FR 21692, April 22, 2008) (FRL-8355-7).
    3. EPA. Sierra Club, etc. Settlement, as amended and modified
(2009, 2011, and 2012).
    4. EPA. Lead; Renovation, Repair, and Painting Program for
Public and Commercial Buildings; Advance Notice of Proposed
Rulemaking. Federal Register (75 FR 24848, May 6, 2010) (FRL-8823-
6).
    5. EPA. Lead; Renovation, Repair, and Painting Program for
Public and Commercial Buildings; Request for Information and Advance
Notice of Public Meeting. Federal Register (77 FR 76996, December
31, 2012) (FRL-9373-7).

List of Subjects in 40 CFR Part 745

    Environmental protection, Buildings and facilities, Business and
industry, Lead-based paint, Hazardous substances, Public and commercial
buildings, Occupational safety and health, Renovation, Repair, and
Painting Program (RRP), Safety.

    Dated: May 6, 2013.
James Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2013-11316 Filed 5-10-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Notices]
[Page 9412]
[FR Doc No: 2022-03586]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: FAA-2022-0134; Summary Notice No. 2022-12]

Petition for Exemption; Summary of Petition Received; Columbia
Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion nor omission of information in the
summary is intended to affect the legal status of the petition or its
final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before March 10, 2022.

ADDRESSES: Send comments identified by docket number FAA-2022-0134
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Alphonso Pendergrass<PHONE_NUMBER>,
Office of Rulemaking, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

Timothy R. Adams,
Deputy Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2022-0134.
    Petitioner: Columbia Helicopters.
    Section(s) of 14 CFR Affected: Sec. Sec.  91.205(h)(7) and 91.9(a).
    Description of Relief Sought: Columbia Helicopters, Inc. petitions
for relief from Sec. Sec.  91.205(h)(7) and 91.9(a). This relief would
allow Columbia Helicopters, Inc. to conduct night firefighting
operations using night vision goggles, pilot training for Part 135
helicopter operations conducted under a Department of Defense (DoD)
contract, and pilot training for FAA Safety Inspectors, with radar
(radio) altimeters that are not functioning normally due to
interference from wireless broadband 5G C-Band emissions.

[FR Doc. 2022-03586 Filed 2-17-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Notices]
[Page 12976-12977]
[DOCID:fr11mr08-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12962-000]

Newburgh Hydro, LLC; Notice of Application Accepted for Filing
and Soliciting Motions To Intervene, Protests, and Comments

March 4, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12962-000.
    c. Date filed: August 15, 2007.
    d. Applicant: Newburgh Hydro, LLC.
    e. Name of Project: Newburgh Lock and Dam Hydroelectric Project.
    f. Location: Ohio River in Henderson County, Kentucky and Newburgh

County, Indiana. It would use the U.S. Army Corps of Engineers'
Newburgh Lock and Dam.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Brent L. Smith, COO, Symbiotics, LLC,
P.O. Box 535, Rigby, ID 83442,<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. 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 filings. Please include the project number (P-12962-000) on
any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project using the U.S. Army
Corps of Engineers' Newburgh Lock and Dam and operated in a run-of-
river mode would consist of: (1) A new powerhouse and switchyard; (2)
two turbine/generator units with a combined installed capacity of 170
megawatts; (3) a new 3-mile-long above ground 25-kilovolt transmission
line extending from the switchyard to an interconnection point with the
local utility's distribution system; and (4) appurtenant facilities.
The proposed Newburgh Lock and Dam Project would have an average annual
generation of 715 gigawatt-hours.
    l. This filing 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 ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, call toll-free 1-866-208-3676 or
e-mail<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy
is also available for inspection and reproduction at the address in
item h above.
    m. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    n. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    q. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    r. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', and ``MOTION TO INTERVENE'', as applicable, and the
Project Number of the particular application to which the filing
refers. Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. An additional copy must be
sent to Director, Division of Hydropower Administration and Compliance,
Federal Energy Regulatory Commission, at the above-mentioned address. A
copy of any notice of intent, competing application or motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.
    s. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-4741 Filed 3-10-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Notices]
[Pages 34445-34448]
[FR Doc No: 2012-14066]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67128; File No. SR-NYSEArca-2012-58]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Temporarily
Suspending the Requirements of NYSE Arca Equities Rule 2.3, NYSE Arca
Options Rule 2.4 and All Related NYSE Arca Equities and NYSE Arca
Options Rules Concerning the Approval of New ETP Holders and OTP
Holders in Order To Approve Apex Clearing Corporation, f/k/a Ridge
Clearing and Outsourcing Solutions, Inc. as an NYSE Arca ETP Holder and
OTP Holder, Subject to Apex Clearing Complying With Exchange Rules for
a New Member Organization Within 30 Calendar Days of the Date That Apex
Clearing Is Provisionally Approved for Membership

June 5, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on June 5, 2012, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 temporarily suspend the requirements of
NYSE Arca Equities Rule 2.3, NYSE Arca Options Rule 2.4 and all related
NYSE Arca Equities and NYSE Arca Options rules concerning the approval
of new ETP Holders and OTP Holders in order to approve Apex Clearing
Corporation, f/k/a Ridge Clearing and Outsourcing Solutions, Inc.
(``Apex Clearing'') as an NYSE Arca ETP Holder and OTP Holder, subject
to Apex Clearing complying with Exchange rules for a new member
organization within 30 calendar days of the date that Apex Clearing is
provisionally approved for membership. The Exchange is also proposing
to accept Apex Clearing's assumption of all of the existing clearing
agreements and arrangements currently

in effect between Penson Financial Services Inc. (``PFSI'') and various
other NYSE Arca ETP Holders and OTP Holders by execution of a global
agreement thereto. The text of the proposed rule change is available on
the Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes this rule filing to temporarily suspend the
requirements of NYSE Arca Equities Rule 2.3, NYSE Arca Options Rule 2.4
and all related rules regarding the approval of ETP Holders and OTP
Holders in order to immediately approve Apex Clearing as an NYSE Arca
ETP Holder and OTP Holder. The Exchange proposes this temporary
suspension on an emergency basis to ensure that Apex Clearing can
continue the clearing operations of PFSI without unnecessary
disruption, which could have a significant collateral impact to a
number of other ETP Holders and OTP Holders. The proposed temporary
suspension is contingent upon Apex Clearing having complied with all
new ETP Holder and OTP Holder Exchange rules within 30 calendar days of
the date Apex Clearing is provisionally approved for membership
pursuant to this filing.
    On May 31, 2012, Apex Clearing Holdings, LLC (``Apex Holdings''),
Apex Clearing Solutions, LLC, Broadridge Financial Solutions, Inc.
(``Broadridge''), PFSI and Penson Worldwide, Inc. (``PWI'') (together,
the ``Parties'') consummated a transaction resulting in a change in
ownership of Apex Clearing.\4\ Broadridge, Apex Holdings, PWI and PFSI
each made capital investments in Apex Holdings, the holding company
parent of Apex Clearing. PFSI also assigned all of its U.S. clearing
contracts and all customer and introducing broker proprietary accounts
along with key personnel to Apex Clearing (the ``Transferring
Accounts'').\5\
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    \4\ Prior to the Transaction, Apex Clearing's name was Ridge
Clearing & Outsourcing Solutions, Inc. Prior to the transaction,
Ridge Clearing & Outsourcing Solutions, Inc. contributed its
outsourcing operations and all associated personnel and systems to
its affiliated entity, Broadridge Securities Processing Solutions,
LLC (``BSPS'') where it will continue to provide operations support
and outsourcing services to a number of broker-dealers, including
Apex Clearing.
    \5\ See Penson Worldwide, Inc. Form 8-K dated May 31, 2012.
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    As a result of the transaction, Apex Clearing, which is not an NYSE
Arca ETP Holder or OTP Holder, will provide the clearing and execution
services currently provided to the Transferring Accounts by PFSI. On
May 31, 2012, Apex Clearing submitted an application for approval as an
NYSE Arca ETP Holder and OTP Holder. However because of the expedited
nature of the transaction, Apex Clearing was unable to fully comply
with NYSE Arca Equities Rule 2.3, NYSE Arca Options Rule 2.4 and all
related new member organization rules. Because of the need for seamless
continuity with respect to the Transferring Accounts, Apex Clearing has
requested that the Exchange temporarily suspend its new membership
organization rules in order to enable Apex Clearing's approval as an
ETP Holder and OTP Holder on an expedited basis. Pursuant to its
request, Apex Clearing will fully comply with the Exchange's new ETP
Holder and OTP Holder requirements within 30 calendar days after
provisional approval.
    NYSE Arca Equities Rule 2.3 and NYSE Arca Options Rule 2.4 require
any person who proposes to form an ETP Holder or OTP Holder to notify
the Exchange in writing and submit such information as may be required
by NYSE Arca rules. When a corporate acquisition concerns an asset
transfer only, and not an acquisition of the corporate entity, NYSE
Arca ETP Holder or OTP Holder status cannot be transferred to the
acquiring entity. The entity that proposes to continue the acquired
business operations of a member organization must be separately
approved as an NYSE Arca ETP Holder or OTP Holder.
NYSE Arca Equities
    Among other things, to be approved as an NYSE ETP Holder, the
applicant must:
     Provide the Exchange with a written application with the
name and address of the applicant as well as a list of all proposed
parties required to be approved or identified pursuant to NYSE Arca
Equities Rules 2.3 and 2.13.
     Ensure that all persons associated with the applicant who
meet the requirements of Allied Persons and Approved Persons under NYSE
Arca Equities Rule 1, are approved (NYSE Arca Equities Rules 2.3 and
2.13).
     Submit to the Exchange partnership or corporate documents
as may be applicable including certificate of incorporation, by-laws,
and other corporate documents (NYSE Arca Equity Rules 2.3 and 2.16).
    In addition, the Exchange reviews whether the applicant meets
federal and NYSE Arca capital requirements and whether it has adopted
controls and procedures to comply with Exchange rules.
NYSE Arca Options
    Among other things, to be approved as an NYSE OTP Holder, the
applicant must:
     Provide the Exchange with a written application with the
name and address of the applicant as well as a list of all proposed
parties required to be approved or identified pursuant to NYSE Arca
Options Rules 2.2, 2.4 and 2.14.
     Ensure that all persons associated with the applicant who
meet the requirements of Allied Persons and Approved Persons under NYSE
Arca Options Rule 1.1, are approved (NYSE Arca Options Rules 2.4 and
2.14).
     Submit to the Exchange partnership or corporate documents
as may be applicable including certificate of incorporation, by-laws,
and other corporate documents (NYSE Arca Options Rules 2.4 and 2.17).
    In addition, the Exchange reviews whether the applicant meets
federal and NYSE Arca capital requirements and whether it has adopted
controls and procedures to comply with Exchange rules.
    Due to the amount of information an applicant is required to
provide and have completed prior to being approved as an ETP Holder and
OTP Holder, the ETP Holder and OTP Holder approval process generally
takes several months to complete. The length of time varies based on
the timing of the applicant's response to requests for information and
documentation.
    As proposed, Apex Clearing will continue the clearing and certain
other operations of PFSI as of June 6, 2012. In order to avoid
interruption of the services PFSI currently provides to

other Exchange ETP Holders and OTP Holders, the NYSE believes that Apex
Clearing should be approved immediately as an NYSE Arca ETP Holder and
OTP Holder. The Exchange notes that Apex Clearing is already a
registered broker-dealer and FINRA member.
    The Exchange therefore proposes providing Apex Clearing with a
temporary suspension of NYSE Arca Rule 2.3, NYSE Arca Options Rule 2.4
and related membership rules as they relate to approval to operate an
NYSE Arca ETP Holder and OTP Holder and approval of Allied Persons and
Approved Persons, and immediately approve Apex Clearing as an ETP
Holder and OTP Holder. As proposed this temporary suspension is
contingent upon:
     Apex Clearing providing the Exchange with sufficient
information to confirm that Apex Clearing will meet its capital
requirements as an NYSE Arca ETP Holder and OTP Holder; and
     Within 30 calendar days of Apex Clearing's approval as an
NYSE Arca ETP Holder and OTP Holder under this proposed filing, Apex
Clearing and its Allied Persons and Approved Persons will have complied
with the Exchange's new ETP Holder and OTP Holder requirements as set
forth in NYSE Arca Equities Rules 2.3 and 2.13 and NYSE Arca Options
Rules 2.4 and 2.14.
    As proposed, if Apex Clearing does not comply with all applicable
NYSE Arca ETP Holder and OTP Holder application requirements within 30
calendar days of the effective date of this filing, its status as an
approved NYSE ETP Holder or OTP Holder will no longer be effective.
    In addition, the Exchange proposes to accept Apex Clearing to
assume all existing clearing agreements and arrangements currently in
effect with other NYSE ETP Holders and OTP Holders by execution of
global agreements thereto.\6\ Notice of such assumption will be
provided to impacted ETP Holders and OTP Holders through issuance of a
Trader and/or Information Notices prior to the effective date thereof.
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    \6\ NYSE Arca Equities Rule 7.14(b) and NYSE Arca Options Rule
6.66(a).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) \7\ of the Securities Exchange Act of 1934 (the ``Act''),
in general, and furthers the objectives of Section 6(b)(5) \8\ in
particular in that it is designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system and, in general, to protect
investors and the public interest. The Exchange believes that
permitting the expeditious approval of Apex Clearing as an NYSE Arca
ETP Holder and OTP Holder will avoid interruption of the services PFSI
currently provides to other Exchange ETP Holders and OTP Holders. Based
on information and representations provided by Apex Clearing, a
temporary suspension of certain NYSE Arca membership rules is needed
based on the expedited nature of the transaction to enable seamless
continuity with respect to the transferring accounts. Consequently,
NYSE Arca believes that temporary suspension of its ETP Holder and OTP
Holder requirements so that Apex Clearing can be approved immediately
as an NYSE Arca ETP Holder and OTP Holder will help to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities and is consistent with the Act.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6)(iii) thereunder.\12\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires a self-regulatory organization to give the
Commission written notice of its intent to file the proposed rule
change at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Commission is waiving this five-day pre-filing
requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Exchange has asked the Commission to the 30-day operative delay
so that the proposed rule change may become operative immediately upon
filing. The Commission notes that the Exchange is proposing that
certain of its rules relating to membership requirements be temporarily
suspended so that Apex Clearing can be provisionally approved as an
NYSE Arca ETP Holder and OTP Holder. The proposed relief does not
exempt Apex Clearing from Exchange rule requirements governing NYSE
Arca ETP Holders and OTP Holders. Apex Clearing would have a 30
calendar day grace period within which to apply for and be approved
under relevant Exchange rules. Moreover, the Commission believes that
waiver of the 30-day operative delay is appropriate to ensure a smooth
transition of PFSI operations to Apex Clearing. In particular, given
the rapidity with which events have developed, waiver of the 30-day
operative delay is necessary to avoid significant disruption to PFSI's
existing customers and the market generally. Therefore, the Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest and designates the
proposed rule change as operative upon filing.\15\
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    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the

Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2012-58 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2012-58. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the 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-NYSEArca-2012-58 and should
be submitted on or before July 2, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-14066 Filed 6-8-12; 8:45 am]
BILLING CODE 8011-01-P