[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Notices]
[Pages 8793-8794]
[FR Doc No: 2011-3315]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63875; File No. SR-Phlx-2010-183]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Order
Granting Approval of Proposed Rule Change Expanding Its Short Term
Option Program

February 9, 2011.

I. Introduction

    On December 15, 2010, NASDAQ OMX PHLX LLC (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'')\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to expand the Short Term Option Program
(``Program'') to allow the Exchange to select up to 15 option classes
on which Short Term Option Series may be listed. The proposed rule
change was published for comment in the Federal Register on December
28, 2010.\3\ The Commission received no comment letters on the
proposal. This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 63594 (December 21,
2010), 75 FR 81689 (``Notice'').
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II. Description of the Proposal

    Currently, Rule 1101A(b)(vi)(A) and Commentary .11(a) to Rule 1012
permit the Exchange to open for trading on any Thursday or Friday that
is a business day series of options on no more than five option classes
that expire on the Friday of the following business week that is a
business day. The Exchange has proposed to increase from five to 15 the
number of option classes that may be opened pursuant to the Program.
    In its filing, the Exchange stated that, because of the five-class
limit imposed by the Program, on numerous occasions it has had to
eliminate option classes from the Program in order to select new
classes, even though demand remained for the eliminated classes. The
Exchange noted that it believes an expansion of the current Program
would allow the Exchange to better meet customer demand for short-term
option classes.
    Phlx stated that it has analyzed its capacity and represented that
it believes that it and the Options Price Reporting Authority
(``OPRA'') have the necessary systems capacity to handle the potential
additional traffic associated with trading of an expanded number of
classes in the Program.

    Finally the Exchange submitted a report to the Commission providing
an analysis of the Program (the ``Report''). The Report covered the
period from the date of effectiveness of the Program through November
2010, and described the experience of the Exchange with the Program in
respect of the options classes included by the Exchange in the
Program.\4\ The Report was submitted on a confidential basis under
separate cover.
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    \4\ The Report included the following: (1) Data and written
analysis on the open interest and trading volume in the classes for
which Short Term Option Series were opened; (2) an assessment of the
appropriateness of the option classes selected for the Program; (3)
an assessment of the impact of the Program on the capacity of the
Exchange, OPRA, and market data vendors (to the extent data from
market data vendors are available); (4) any capacity problems or
other problems that arose during the operation of the Program and
how the Exchange addressed such problems; (5) any complaints that
the Exchange received during the operation of the Program and how
the Exchange addressed them; and (6) any additional information that
would assist in assessing the operation of the Program.
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III. Discussion

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\5\
Specifically, the Commission finds that the proposal is consistent with
Section 6(b)(5) of the Act,\6\ which requires, among other things, that
the rules of a national securities exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest.
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    \5\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78f(b)(5).
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    The Commission believes that the proposal strikes a reasonable
balance between the Exchange's desire to offer a wider array of
investment opportunities and the need to avoid unnecessary
proliferation of options series. The Commission expects the Exchange to
monitor the trading volume associated with the additional options
series listed as a result of this proposal and the effect of these
additional series on market fragmentation and on the capacity of the
Exchange's, OPRA's, and vendors' automated systems.
    In approving this proposal, the Commission notes that Exchange has
represented that it believes the Exchange and OPRA have the necessary
systems capacity to handle the potential additional traffic associated
with trading of an expanded number of classes in the Program.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\7\ that the proposed rule change (SR-Phlx-2010-183) be, and it
hereby is, approved.
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    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-3315 Filed 2-14-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Notices]
[Pages 69635-69636]
[FR Doc No: 2012-28205]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Pulmonary-Allergy Drugs Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Pulmonary-Allergy Drugs Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on January 29, 2013, from 8
a.m. to 5 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Building
31 Conference Center, the Great Room (Rm. 1503), Silver Spring, MD
20993-0002. Information regarding special accommodations due to a
disability,

visitor parking, and transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/default.htm; under the heading
``Resources for You,'' click on ``Public Meetings at the FDA White Oak
Campus.'' Please note that visitors to the White Oak Campus must enter
through Building 1.
    Contact Person: Cindy Hong, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, Fax: 301-847-
8533, email<EMAIL_ADDRESS>or FDA Advisory Committee Information
Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). A
notice in the Federal Register about last minute modifications that
impact a previously announced advisory committee meeting cannot always
be published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.
    Agenda: The committee will discuss new drug application (NDA)
203108, for olodaterol (proposed trade name Striverdi Respimat) metered
dose inhaler, sponsored by Boehringer Ingelheim, for the proposed
indication of long-term, once-daily maintenance bronchodilator
treatment of airflow obstruction in patients with chronic obstructive
pulmonary disease (COPD), including chronic bronchitis and/or
emphysema.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
January 14, 2013. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. Those individuals interested in
making formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before January 4, 2013. Time allotted for
each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by January 7, 2013.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Cindy Hong at least
7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: November 15, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-28205 Filed 11-19-12; 8:45 am]
BILLING CODE 4160-01-P


STATE REVOLVING FUND WATER INFRASTRUCTURE FINANCE AND INNOVATION ACT (SWIFIA) LETTER OF INTEREST INSTRUCTIONS State Infrastructure Financing Authorities (SIFA) seeking Water Infrastructure Finance and Innovation Act (WIFIA) credit assistance under the SWIFIA program must complete and submit this letter of interest form and provide the requested attachment to the U.S. Environmental Protection Agency (EPA) following the instructions in the Notice of Funding Availability (NOFA). A SIFA is a State entity established or designated by the Governor of a State to receive a capitalization grant provided by, or otherwise carry out the requirements of, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et. seq.) or section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j - 12).

Resources regarding SWIFIA program eligibility; completing a letter of interest and application; how loans are selected and closed; as well as post-close expectations are available in the WIFIA program handbook. It is highly recommended to use this document as a companion when developing your letter of interest. For general information about WIFIA and SWIFIA, consult the WIFIA website (www.epa.gov/wifia).  Additional information specific to the current project selection round can be found in the NOFA, and questions may be submitted to the WIFIA program office at<EMAIL_ADDRESS>

A prospective borrower may assert a Confidential Business Information (CBI) claim covering part or all of the information submitted to EPA as part of its letter of interest, in a manner consistent with 40 C.F.R. 2.203, 41 Fed. Reg. 36902 (Sept. 1, 1976), by placing on (or attaching to) the information a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as trade secret, proprietary, or company confidential. The prospective borrower should also state whether it desires confidential treatment until a certain date or until the occurrence of a certain event. Information covered by a business confidentiality claim will be disclosed by EPA only to the extent and only by means of the procedures set forth under 40 C.F.R. Part 2, Subpart B. Information that is not accompanied by a business confidentiality claim when it is received by EPA may be made available to the public by EPA without further notice to the prospective borrower. More information about CBI is available in the WIFIA program handbook.

The final letter of interest submission must include:  A completed, signed version of this letter of interest form  All attachments requested in the letter of interest form. There is no limit to the length of attachments provided. Attachments should be the most recent versions of the documents available at the time of submission and may be draft or preliminary.

When finished, the letter of interest form and attachments may be submitted by uploading the documents to EPA's SharePoint site. To be granted access to the SharePoint site, prospective borrowers can request access to SharePoint by emailing<EMAIL_ADDRESS>After uploading the completed letter of interest form and all attachments, emailing the WIFIA program office at<EMAIL_ADDRESS>with the subject line: "[NAME OF PROSPECTIVE BORROWER]  -  [NAME OF PROJECT]  -  Letter of Interest Submitted".

Upon receipt, EPA will provide a confirmation email. If you have questions on completing this letter of interest, please consult the WIFIA website (www.epa.gov/wifia) or contact the WIFIA program office at<EMAIL_ADDRESS> After completing its intake process, EPA will provide a confirmation email.

 Burden

 The public reporting and recordkeeping burden for this collection of information is estimated to average 5 hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, included through the use of automated collection techniques to the Director, Regulatory Support Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.  Include the OMB control number in any correspondence. Do not send the completed form to this address.

 Warning

 Falsification or misrepresentation of information or failure to file or report information required to be reported may be the basis for denial of financial assistance by EPA. Knowing and willful falsification of information required to be submitted and false statements to a Federal Agency may also subject you to criminal prosecution. See, for example, 18 U.S.C. §1001.

 Additional information is available at https://epa.gov/wifia and by contacting<EMAIL_ADDRESS>

SWIFIA LETTER OF INTEREST FORM

Section A: Loan Information  Provide the requested information in the response boxes.

 Legal name of prospective borrower:

 Other names under which the prospective borrower does business:

 Business street address:

       Street Address: 			 City/State/Zip:

 Program website:

 Employer/taxpayer identification number (EIN/TIN):

 Unique Entity ID from SAM.gov:

 Requested amount of the SWIFIA loan (in dollars) (cannot exceed 49% of question A-8):

 Estimated total costs of the State Revolving Fund (SRF) loans that are included in the SWIFIA Project (as defined on page 7) (in dollars):

 The SRF loans are for (select only one):

       Clean Water SRF (CWSRF) projects Drinking Water SRF (DWSRF) projects Both CWSRF and DWSRF projects

 Requested loan structure (select only one):      OPTION 1: EPA adopts the SIFA's existing indenture and understands that EPA's adoption of those terms are subject to compliance federal requirements and EPA policy). If selected, provide indenture as Attachment 4.         OPTION 2: The SIFA accepts EPA standard terms. More information on standard terms is available at www.epa.gov/wifia.

Section B: Supporting Documents  Provide the most recent versions of the following documents as attachments. The document is required unless otherwise noted.

 Attachment 1: Intended Use Plan (IUP)  Attachment 2: SRF Operating Agreements with EPA Regional Office (CWSRF and/or DWSRF, as applicable)  Attachment 3: Documentation of the priority setting system (if not included in IUP or Operating Agreement)  Attachment 4: Bond Indentures - CWSRF/DWSRF/Combined, as applicable (if applying for OPTION 1)  Attachment 5: Summary of security/collateral structure

Section C: Contact Information  Primary point of contact

    ____ Name:		 	 Title:    	 Organization:    	 Street Address:    	 City/State/Zip:    	    	    	 Phone:    	 E-mail:

 ____ Secondary point of contact

Name:                                                                          	    	Title:                                                                               	Organization:                                                                               	Street Address:                                                                               	City/State/Zip:                                                                     	    	    	Phone:    	 E-mail:

Section D: Certifications  Please sign in the appropriate space and submit a scanned version of the signature page to EPA with your electronic Letter of Interest submission.

 National Environmental Policy Act: The undersigned acknowledges that EPA will not approve a loan until a final agency determination, such as a Categorical Exclusion (CATEX), Finding of No Significant Impact (FONSI), or a Record of Decision (ROD), has been issued.  American Iron and Steel: The undersigned acknowledges that any project receiving credit assistance under this program for the construction, alteration, maintenance, or repair of a project may only use iron and steel products produced in the United States and must comply with all applicable guidance.  Buy America Preference: The prospective borrower acknowledges that any project receiving credit assistance under this program for the construction, alteration, maintenance, or repair of a project may only use domestic iron/steel, manufactured produces and construction materials produced or manufactured in the United States and must comply with all applicable guidance.  Prevailing Wages: The undersigned acknowledges that all laborers and mechanics employed by contractors or subcontractors on projects receiving credit assistance under this program shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with sections 3141-3144, 3146, and 3147 of Title 40 (Davis-Bacon wage rules).         Lobbying: Section 1352 of Title 31, United States Code provides that none of the funds appropriated by any Act of Congress may be expended by a recipient of a contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, or an employee of a Member of Congress in connection with the award or making of a Federal contract, grant, loan, or cooperative agreement or the modification thereof. The EPA interprets this provision to include the use of appropriated funds to influence or attempt to influence the selection for assistance under the WIFIA and SWIFIA program.        Prospective borrowers must file a declaration: (a) with the submission of an application for SWIFIA credit assistance; (b) upon receipt of SWIFIA credit assistance (unless the information contained in the declaration accompanying the SWIFIA application has not materially changed); and (c) at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration previously filed in connection with the SWIFIA credit assistance.        The undersigned certifies, to the best of his or her knowledge and belief, that:  No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.  If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a

          Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.  The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.           This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.  Debarment: The undersigned further certifies that it is not currently: 1) debarred or suspended ineligible from participating in any Federal program; 2) formally proposed for debarment, with a final determination still pending; or 3) indicted, convicted, or had a civil judgment rendered against it for any of the offenses listed in the Regulations Governing Debarment and Suspension (Governmentwide Nonprocurement Debarment and Suspension Regulations: 2 C.F.R. Part 180 and Part 1532).  Default/Delinquency: The undersigned further certifies that neither it nor any of its subsidiaries or affiliates are currently in default or delinquent on any debt or loans provided or guaranteed by the Federal Government.  Other Federal Requirements: The undersigned acknowledges that it must comply with all other federal statutes and regulations, as applicable. A non-exhaustive list of federal cross-cutting statutes and regulations can be found at: https://www.epa.gov/wifia/wifia- resources#complianceanchor.  SWIFIA Requirements: The undersigned acknowledges that it must comply with the requirements set by the EPA regarding the loans included in the SWIFIA Project, acceptance of standard terms or indenture requirements, and other SWIFIA program requirements outlined in regulation and guidance materials.         Signature: By submitting this letter of interest, the undersigned certifies that the facts stated and the certifications and representations made in this letter of interest are true, to the best of the prospective borrower's knowledge and belief after due inquiry, and that the prospective borrower has not omitted any material facts. The undersigned is an authorized representative of the SIFA.

 Signature:

 Date Signed:

    ____ Name:			 	 Title:					 Organization:					 Street Address:

    City/State/Zip:			 	 	 Phone:		     E-mail:


[Federal Register: April 9, 2010 (Volume 75, Number 68)]
[Notices]
[Page 18200]
[DOCID:fr09ap10-72]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR07-12-005]

Enterprise Texas Pipeline LLC; Notice of Compliance Filing

April 1, 2010.
    Take notice that on March 30, 2010, Enterprise Texas Pipeline LLC
(Enterprise Texas), filed its Statement of Operating Conditions in
compliance with the March 2, 2010 Letter Order (March 2 Order) and
pursuant to section 284.123(e) of the Commission's regulations.
Enterprise Texas states that the revisions include modifications
consistent with the March 2 Order.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before 5 p.m. Eastern time on the specified comment
date. Anyone filing a protest must serve a copy of that document on all
the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern time on Thursday, April 8, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-8063 Filed 4-8-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 30 (Monday, February 14, 2011)]
[Notices]
[Pages 8386-8388]
[FR Doc No: 2011-3177]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63855; File No. SR-NYSE-2011-02]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending the Forms of Broker Letters Set Forth in Exchange Rule 451 and
Sections 905.02 and 905.03 of the Exchange's Listed Company Manual

February 7, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on January 26, 2011, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') 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 Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Exchange Rule 451 and Sections
905.02 and 905.03 of the Exchange's Listed Company Manual (the
``Manual'') to amend the forms of letters contained in those rules to
reflect the recent amendments to the Exchange's broker voting rules in
relation to executive compensation proposals. The text of the proposed
rule change is available at the Exchange, the Commission's Public
Reference Room, and http://www.nyse.com.

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 recently amended Exchange Rule 452 and Section 402.08
of the Manual to provide that brokers which are record holders of
shares held in client accounts will no longer be permitted to vote
those shares on matters relating to executive compensation.\3\ This
amendment was made in accordance with the requirements of Section 957
of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the
``Dodd-Frank Act'').
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    \3\ See Securities Exchange Act Release No. 62874 (September 9,
2011) 75 FR 56152 (September 15, 2011) (SR-NYSE-2011-59).
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    Supplementary Material .20 to Exchange Rule 451 and Sections
905.01, 905.02 and 905.03 contain specimens of letters containing the
information and instructions required pursuant to the proxy rules to be
given by NYSE member organizations to clients where the member
organization is the record holder of shares beneficially owned by those
clients in the circumstances where a broker (i) may vote on all
proposals without voting instructions (Section 905.01), (ii) may not
vote on any proposals without instructions (Section 905.02), and (iii)
may vote on certain but not all proposals without instructions (Section
905.03). These letters are shown as examples and not as prescribed
forms. Member organizations are permitted to adapt the

form of these letters for their own purposes provided all of the
required information and instructions are clearly enumerated in letters
to clients.
    The Exchange is concerned that many shareholders receiving proxy
materials from their brokers for meetings scheduled after effectiveness
of the amendments to the NYSE broker voting rules in relation to
executive compensation proposals will not be aware of those amendments
and may therefore assume that the broker as record holder will vote
their shares on such proposals if they do not return voting
instructions to their broker. The NYSE believes it is important for as
many shares as possible to be voted on such proposals and, therefore,
believes it is important to educate retail investors with respect to
the implications of their failure to return voting instructions under
the amended rules. Consequently, the Exchange proposes to amend the
forms of letters provided for use in connection with meetings where the
broker may vote on none of the proposals before the meeting and
meetings where the broker may vote on some but not all of the proposals
before the meeting. The proposed amendments will insert language in
those forms to alert beneficial holders that brokers will no longer be
able to vote uninstructed shares on executive compensation matters. To
limit the length of the letters, the Exchange proposes to modify
language previously added with respect to the fact that brokers could
no longer vote uninstructed shares on the election of directors for
meetings scheduled after January 1, 2010.\4\ References to the new
treatment of executive compensation proposals and director elections
will be combined.
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    \4\ See Securities Exchange Act Release No. 61046 (November 20,
2009), 74 FR 62849 (December 1, 2009) (SR-NYSE-2009-114).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) \5\ of the Act, in general, and furthers the
objectives of Section 6(b)(5) of the Act,\6\ in particular in that it
is designed 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,
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers. The Exchange believes that the proposed
amendments are consistent with the investor protection objectives of
the Act in that their sole purpose is to explain to shareholders the
implications of failing to provide voting instructions to their
brokers, thereby enabling them to make a more informed decision with
respect to the exercise of their voting rights.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, provided that the self-regulatory
organization has given 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,\7\ the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Exchange Act \8\ and
Rule 19b-4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \7\ The Commission notes that the Exchange has satisfied the
five-day pre-filing requirement.
    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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 change 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2011-02 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-NYSE-2011-02. 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of 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-NYSE-2011-02 and should be
submitted on or before March 7, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-3177 Filed 2-11-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Proposed Rules]
[Pages 23583-23585]
[FR Doc No: 2023-07929]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 88, No. 74 / Tuesday, April 18, 2023 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0932; Project Identifier MCAI-2022-01491-E]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd. & Co. KG
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2021-26-11, which applies to all Rolls-Royce Deutschland Ltd. & Co. KG
(RRD) Model RB211-Trent 875-17, 877-17, 884-17, 884B-17, 892-17, 892B-
17, and 895-17 engines. AD 2021-26-11 requires replacing the affected
fuel pump on at least one affected engine. Since the FAA issued AD
2021-26-11, the FAA has determined that replacing all affected fuel
pumps on all installed engines is necessary to address the unsafe
condition. This proposed AD would require replacing the affected fuel
pump on at least one engine before further flight and replacing all
affected fuel pumps within a specified compliance time, and would also
prohibit installing any affected engine onto any airplane or any
affected fuel pump onto any engine, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is proposed for incorporation
by reference (IBR). The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this NPRM by June 2, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0932; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA service information that is proposed for IBR in
this NPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; phone: +49 221 8999 000; email: [email protected]; website:
easa.europa.eu. You may find this material on the EASA website at
ad.easa.europa.eu. It is also available at regulations.gov under Docket
No. FAA-2023-0932.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
(781) 238-7241; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-0932; Project Identifier
MCAI-2022-01491-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Sungmo Cho, Aviation Safety Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.

Background

    The FAA issued AD 2021-26-11, Amendment 39-21870 (86 FR 71367,
December 16, 2021) (AD 2021-26-11), for all RRD Model RB211-Trent 875-
17, 877-17, 884-17, 884B-17, 892-17, 892B-17, and 895-17 engines. AD
2021-26-11 was prompted by an MCAI originated by EASA, which is the
Technical Agent for the Member States of the European Union. EASA
issued EASA AD 2021-0245, dated November 10, 2021 (EASA AD 2021-0245),
to correct an unsafe condition identified as failure of the variable
stator vane system.
    AD 2021-26-11 requires replacing the affected fuel pump on at least
one engine. The FAA issued AD 2021-26-11 to prevent failure of the
variable stator

vane system, which could result in loss of engine thrust control, in-
flight engine shutdown, and reduced control of the airplane.

Actions Since AD 2021-26-11 Was Issued

    Since the FAA issued AD 2021-26-11, EASA superseded EASA AD 2021-
0245 and issued EASA AD 2022-0225, dated November 21, 2022 (EASA AD
2022-0225) (referred to after this as the MCAI). The MCAI states that
reports of single engine events caused by water contamination resulted
in loss of engine thrust. An investigation determined that certain
engines were exposed to unacceptable levels of water contamination,
which caused corrosion on the fuel pump's internal components. This
corrosion led to debris release and filter blockages in variable stator
vane actuator control units, which resulted in the variable stator vane
system failing in the closed position.
    The FAA has since determined that in addition to replacing the
affected fuel pump on at least one engine before further flight,
replacing all affected fuel pumps installed on all engines within a
specified compliance time and prohibiting installation of any affected
engine onto any airplane or any affected fuel pump onto any engine is
necessary to address the unsafe condition. Subsequently, the
manufacturer published service information, which describes procedures
for replacing the fuel pump.
    Additionally, the FAA has determined that the estimated labor cost
in AD 2021-26-11 requires revision as it indicates 4.5 work-hours are
required to replace the affected fuel pump. The correct estimated labor
cost for replacement of the affected fuel pump is estimated to be 9
work-hours. The FAA has updated the cost estimate in this proposed AD
to reflect the correct number of work-hours.
    The FAA is proposing this AD to prevent failure of the variable
stator vane system. This condition, if not addressed, could result in
dual-engine loss of thrust control or in-flight engine shutdown, and
reduced control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0932.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0225, which specifies procedures for
replacing the affected fuel pump. EASA AD 2022-0225 also specifies not
to install an affected engine onto any airplane or an affected part
onto any engine. This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI described above. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain none of the requirements of AD 2021-
26-11. This proposed AD would require accomplishing the actions
specified in the MCAI described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD and
except as discussed under ``Differences Between this Proposed AD and
the MCAI.'' This proposed AD would also prohibit installation of any
affected engine onto any airplane or any affected fuel pump onto any
engine.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has since
coordinated with other manufacturers and CAAs to use this process. As a
result, the FAA proposes to incorporate by reference EASA AD 2022-0225
in the FAA final rule. This proposed AD would, therefore, require
compliance with EASA AD 2022-0225 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this proposed AD. Using common terms that are
the same as the heading of a particular section in the EASA AD does not
mean that operators need comply only with that section. For example,
where the AD requirement refers to ``all required actions and
compliance times,'' compliance with this AD requirement is not limited
to the section titled ``Required Action(s) and Compliance Time(s)'' in
EASA AD 2022-0225. Service information required by the EASA AD for
compliance will be available at regulations.gov by searching for and
locating Docket No. FAA-2023-0932 after the FAA final rule is
published.

Differences Between This Proposed AD and the MCAI

    Where paragraph (1) of EASA AD 2022-0225 requires replacing the
affected part within 30 days after November 17, 2021 (the effective
date of EASA AD 2021-0245), this AD requires replacing an affected fuel
pump on at least one engine before further flight after the effective
date of this AD.
    Where paragraphs (3) and (4) of EASA AD 2022-0225 refer to November
17, 2021 (the effective date of EASA AD 2021-0245), this AD requires
using the effective date of this AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 2 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Replace fuel pump...................  9 work-hours x $85 per         $138,456         $139,221         $278,442
                                       hour = $765.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.

    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2021-26-11, Amendment 39-21870 (86
FR 71367, December 16, 2021); and
0
b. Adding the following new airworthiness directive:

Rolls-Royce Deutschland Ltd. & Co. KG: Docket No. FAA-2023-0932;
Project Identifier MCAI-2022-01491-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by June 2, 2023.

(b) Affected ADs

    This AD replaces AD 2021-26-11, Amendment 39-21870 (86 FR 71367,
December 16, 2021).

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd. & Co. KG Model
RB211-Trent 875-17, 877-17, 884-17, 884B-17, 892-17, 892B-17, and
895-17 engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7314, Engine Fuel
Pump.

(e) Unsafe Condition

    This AD was prompted by reports of single engine events caused
by water contamination, which led to corrosion on the fuel pump that
resulted in loss of engine thrust. The FAA is issuing this AD to
prevent failure of the variable stator vane system. The unsafe
condition, if not addressed, could result in dual-engine loss of
thrust control or in-flight engine shutdown, and reduced control of
the airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraphs (h) and (i) of this AD:
Perform all required actions within the compliance times specified
in, and in accordance with, European Union Aviation Safety Agency
(EASA) AD 2022-0225, dated November 21, 2022 (EASA AD 2022-0225).

(h) Exceptions to EASA AD 2022-0225

    (1) Where paragraph (1) of EASA AD 2022-0225 specifies to
replace the affected part with a fuel pump that is not an affected
part, on at least one of the affected engines within 30 days after
17 November 2021 [the effective date of EASA AD 2021-0245], this AD
requires replacing an affected fuel pump on at least one engine
before further flight after the effective date of this AD.
    (2) Where paragraph (2) of EASA AD 2022-0225 refers to its
effective date, this AD requires using the effective date of this
AD.
    (3) Where paragraphs (3) and (4) of EASA AD 2022-0225 refer to
November 17, 2021 (the effective date of EASA AD 2021-0245), this AD
requires using the effective date of this AD.
    (4) This AD does not adopt the Remarks paragraph of EASA AD
2022-0225.
    (5) Where the service information referenced in EASA AD 2022-
0225 specifies to scrap fuel pumps, this AD requires removing those
fuel pumps from service.
    (6) Where the service information referenced in EASA AD 2022-
0225 specifies to return fuel pumps, this AD requires removing those
fuel pumps from service.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0225
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (k) of this AD and email to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Additional Information

    For more information about this AD, contact Sungmo Cho, Aviation
Safety Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington,
MA 01803; phone:<PHONE_NUMBER>; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency AD 2022-0225, dated
November 21, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0225, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone: +49 221 8999 000; email:
[email protected]; website: easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 11, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-07929 Filed 4-17-23; 8:45 am]
BILLING CODE 4910-13-P