19th Meeting: RTCA Special Committee 206/EUROCAE WG 76 Plenary: AIS and MET Data Link Services, 59601-59602 [E9-27662]
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Federal Register / Vol. 74, No. 221 / Wednesday, November 18, 2009 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
open market and a national market
system, and in general, to protect
investors and the public interest.24
The Exchange has proposed that
members and member firm employees
be permitted to use personal portable or
wireless communication devices off the
Exchange Trading Floor and outside of
restricted access areas (i.e. restricted
access areas are areas where there are
turnstiles or card swipe pads that
electronically release locked doors to
permit authorized entry),25 subject to
compliance with all other Exchange
Rules and the federal securities laws
and rules thereunder. The proposal
marks a departure from the Exchange’s
current prohibition on the use of such
devices in areas that are in close
proximity to the Trading Floor of the
Exchange, and its stated policy that
‘‘best practice’’ is for ‘‘personal contacts
made using portable communication
devices, whether Exchange issued or
not, [to] be made outside the
building.’’ 26
The Commission finds, however, that
the proposal strikes a reasonable
balance between the Exchange’s interest
in providing a convenient and
comfortable space for Exchange
members and member firm employees
to use their personal portable
communications devices inside
Exchange buildings and its interest in
minimizing the risk of misuse of such
devices, which are not subject to the
same surveillance as Exchange
authorized and issued devices. In
particular, the Commission notes the
Exchange’s representation that any time
or place advantage to using personal
portable communication devices outside
restricted points of access to the Trading
Floor is ‘‘significantly reduced by the
fact that a Floor Broker or DMM has no
line of sight and no ability to hear
trading activity on the [Trading] Floor
and the speed of electronic trading
would likely render stale any
information a DMM had prior to leaving
his or her post on the Trading Floor.’’ 27
As noted above, the Commission
expects that the Exchange will, in the
exercise of its regulatory
responsibilities, work to ensure that any
line of sight to the Trading Floor that
may exist does not allow access to
24 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).
25 As noted above, restricted access areas include
the areas outside the Blue Line that include member
and member organization booths and/or trading
desks.
26 See NYSE/NYSE Amex Information Memo 08–
66 (December 22, 2008).
27 See Notice, supra note 5.
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16:30 Nov 17, 2009
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Trading Floor information that may
raise concerns.28
The Commission notes that the
Exchange retains jurisdiction over its
members for their conduct in the new
areas where the use of personal
communication devices will now be
permitted because these areas are still
within the broader definition of Floor
under Rule 6—NYSE Amex Equities.29
The Commission further notes the
Exchange’s representation that it will
issue a Notice to Members reminding
members of their obligations under
Securities Exchange Act Release Nos.
33–7288 and 34–37182, concerning the
‘‘Use of Electronic Media by BrokerDealers, Transfer Agents, and
Investment Advisers for Delivery of
Information.’’ 30 In these releases,
among other things, the Commission
noted that the substantive and liability
provisions of the federal securities laws,
as well as the recordkeeping
requirements of the Act apply equally to
electronic and paper based media.31
The Commission further finds that the
added reference in Rule 36.23 to NYSE
Amex Options Rule 902NY is consistent
with the Act because it ensures that
Rule 36.23 references a rule that
clarifies members’ obligations. The
Commission also finds the proposed
technical changes to Rules 36.20 to be
consistent with the Act.
Based on the foregoing, the
Commission therefore finds the
proposal to be consistent with the Act.
The Commission believes that the
proposal to permit the use of personal
communication devices in certain
specified areas adjacent to the
Exchange’s Equities Trading Floor, the
NYSE Amex Options Trading Floor, and
the NYSE Trading Floor, while not
without any risk, is tempered by the
speed of electronic trading, the
existence of access barriers between
such Trading Floors and the areas where
use of personal communication devices
will now be permitted, and the fact that
the Exchange retains jurisdiction over
its members while they are in these
28 See
supra note 20.
note 14 and accompanying text supra.
30 See Securities Act Release No 7288 and
Securities Exchange Act Release No. 37182 (May 9,
1996), 61 FR 24643 (May 15, 1996) (S7–13–96).
31 Id. See also FINRA Regulatory Notice 2007–59
(December 7, 2007), concerning the supervision of
electronic communications, which among other
things, reminds member firms of their obligation to
(1) have supervisory policies and procedures to
monitor all electronic communications technology
used by the firm and its associated persons to
conduct the firm’s business; and (2) ensure that
their use of electronic communications media
enables them to make and keep records, as required
by Commission and Exchange rules (e.g., Rules
17a–3 and 17a–4 under the Act and Rule 440—
NYSE Amex Equities).
29 See
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
59601
areas. The Commission expects,
however, that the Exchange will
monitor compliance with the new rule
and inform the Commission if it
encounters difficulties in implementing
and enforcing it or otherwise finds that
that the new rule raises regulatory
concerns.
V. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,32 that the
proposed rule change (SR–NYSEAmex–
2009–57), as amended, be, and hereby
is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.33
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–27609 Filed 11–17–09; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
19th Meeting: RTCA Special
Committee 206/EUROCAE WG 76
Plenary: AIS and MET Data Link
Services
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of RTCA Special
Committee 206/EUROCAE WG 76
Plenary: AIS and MET Data Link
Services meeting.
SUMMARY: The FAA is issuing this notice
to advise the public of a meeting of
RTCA Special Committee 206/
EUROCAE WG 76 Plenary: AIS and
MET Data Link Services.
DATES: The meeting will be held
December 7–11, 2009 from 9 a.m. to 5
p.m.
ADDRESSES: The meeting will be held at
Gilruth Center, Brazos Room, Space
Center Blvd, Gate 5, Building 207,
Houston, TX 77058, 281–483–0304;
Contact Person: Tom Evans, (P) 757–
864–2499, (C) 757–268–4852, (E)
e.t.evans@nasa.gov.
FOR FURTHER INFORMATION CONTACT:
RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036;
telephone (202) 833–9339; fax (202)
833–9434; Web site https://www.rtca.org.
SUPPLEMENTARY INFORMATION: Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92–
463, 5 U.S.C., Appendix 2), notice is
hereby given for a RTCA Special
32 15
33 17
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U.S.C. 78s(b)(2).
CFR 200.30–3(a)(12).
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59602
Federal Register / Vol. 74, No. 221 / Wednesday, November 18, 2009 / Notices
Federal Aviation Administration
Committee 206/EUROCAE WG 76
Plenary: AIS and MET Data Link
Services meeting. The agenda will
include:
7 December—Monday
9 a.m. Opening Plenary
• Chairmen’s remarks and Host’s
comments
• Introductions, review and approve
meeting agenda and approval of
previous meeting minutes
• Schedule for this week
• Action Item Review
• Schedule for next meetings
1 a.m. Presentations
• Proposal for a MASPS/MOPS for
AIS/MET Data Link Services—Gary
Livack & Mark Mutchler
• To be determined
1 p.m. SPR
8 December—Tuesday
9 a.m. Joint AIS and MET Subgroup
Meetings
9 December—Wednesday
9 a.m. Joint AIS and MET Subgroup
Meetings
10 December—Thursday
9 a.m. Joint AIS and MET Subgroup
Meetings
11 December—Friday
9 a.m. Joint AIS and MET Subgroup
Meetings
10:30 a.m. Plenary Session
• Other Business
• Meeting Plans and Dates
mstockstill on DSKH9S0YB1PROD with NOTICES
Attendance is open to the interested
public but limited to space availability.
With the approval of the chairmen,
members of the public may present oral
statements at the meeting. Persons
wishing to present statements or obtain
information should contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. Members of the public
may present a written statement to the
committee at any time.
Issued in Washington, DC, on November
12, 2009.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. E9–27662 Filed 11–17–09; 8:45 am]
BILLING CODE 4910–13–P
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16:30 Nov 17, 2009
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Noise Compatibility Program (NCP); 14
CFR Part 150; Notice of Record of
Approval (ROA) the Louisville
International Airport, Louisville, KY
(SDF)
Business Park Drive, Building G,
Memphis, TN 38118. Documents
reflecting this FAA action can be
reviewed in person at this same
location.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF TRANSPORTATION
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice.
SUMMARY: The Federal Aviation
Administration (FAA) announces its
findings on the noise compatibility
program update submitted by the
Louisville Regional Airport Authority
(LRAA).
On October 29, 2008, the LRAA
submitted to the FAA Air Traffic
Organization (ATO) a request with
supporting documentation for an offset
approach to Runway 17R at Louisville
International Airport (SDF). This
request was for a re-evaluation of noise
abatement measure NA–7, and
associated measures NA–2 and NA–3,
submitted to the FAA for action in its
2003 NCP but were deferred.
The FAA ATO evaluated the offset
approach procedure provided by LRAA.
After considerable review and
evaluation, the procedure was
disapproved. The FAA ATO notified
LRAA of its determination on April 3,
2009. Subsequent to ATO’s
determination, the FAA issued its
Record of Approval (ROA) concerning
the LRAA’s NCP update on August 4,
2009, and disapproved noise abatement
measures NA–2, NA–3, and NA–7.
In its evaluation, the FAA reviewed
the proposal under 14 CFR part 150 and
the Aviation Safety and Noise
Abatement Act of 1979. Section 150.35
of Part 150 includes language stating
that programs will be approved under
this part if program measures relating to
the use of flight procedures for noise
control can be implemented within the
period covered by the program and
without reducing the level of aviation
safety provided or adversely affecting
the efficient use and management of the
navigable airspace and air traffic control
systems.
DATES: Effective Date: The effective date
of the FAA’s disapproval of the request
for an offset approach to Runway 17R at
Louisville International Airport is April
3, 2009. The effective date of FAA’s
ROA of LRAA’s NCP update is August
4, 2009.
FOR FURTHER INFORMATION CONTACT:
Stephen Wilson, Community Planner,
Federal Aviation Administration,
Memphis Airports District Office, 2862
PO 00000
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The FAA
has reviewed Noise Abatement
Measures (NA–2), (NA–3) and (NA–7) in
accordance with 14 CFR Part 150. The
ROA contains the FAA’s decisions for 3
of the 7 NCP measures that were
previously deferred under LRAA’s 2003
NCP. The FAA has given its disapproval
to the Runway 17R offset approach
request at LRAA. All other portions of
the previously issued ROA remain in
effect.
The following is a brief overview of
the request:
On October 29, 2008, the LRAA
provided the FAA Air Traffic
Organization with a letter and
supporting documentation requesting an
offset approach to Runway 17R at
Louisville International Airport (SDF).
This was additional information
submitted for re-evaluation of
previously submitted but deferred noise
abatement measures NA–2, NA–3, and
NA–7 in LRAA’s 2003 NCP
Issued in Memphis, TN on November 3,
2009.
Tommy L Dupree,
Acting Manager, Memphis Airports District
Office, Southern Region.
[FR Doc. E9–27684 Filed 11–17–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35311]
BNSF Railway Company—Trackage
Rights Exemption—Union Pacific
Railroad Company
Pursuant to a written supplemental
trackage rights agreement dated January
1, 2009, BNSF Railway Company
(BNSF) has agreed to amend the existing
overhead trackage rights previously
granted to Union Pacific Railroad
Company (UP) over BNSF’s Bieber line
at Keddie, CA.1
According to BNSF, the purpose of
the proposed transaction is to amend
the parties’ existing agreement to
accurately reflect the trackage rights
received by UP under that agreement.
1 This decision embraces Finance Docket No.
32760 (Sub-No. 1) in which the original trackage
rights were granted to UP in connection with UP’s
acquisition of control of Southern Pacific
Transportation Company and were exempted by the
Board. Union Pacific/Southern Pacific Merger, 1
S.T.B. 233 (1996).
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Agencies
[Federal Register Volume 74, Number 221 (Wednesday, November 18, 2009)]
[Notices]
[Pages 59601-59602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27662]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
19th Meeting: RTCA Special Committee 206/EUROCAE WG 76 Plenary:
AIS and MET Data Link Services
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of RTCA Special Committee 206/EUROCAE WG 76 Plenary: AIS
and MET Data Link Services meeting.
-----------------------------------------------------------------------
SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 206/EUROCAE WG 76 Plenary: AIS and
MET Data Link Services.
DATES: The meeting will be held December 7-11, 2009 from 9 a.m. to 5
p.m.
ADDRESSES: The meeting will be held at Gilruth Center, Brazos Room,
Space Center Blvd, Gate 5, Building 207, Houston, TX 77058, 281-483-
0304; Contact Person: Tom Evans, (P) 757-864-2499, (C) 757-268-4852,
(E) e.t.evans@nasa.gov.
FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036; telephone (202) 833-9339; fax (202)
833-9434; Web site https://www.rtca.org.
SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a RTCA Special
[[Page 59602]]
Committee 206/EUROCAE WG 76 Plenary: AIS and MET Data Link Services
meeting. The agenda will include:
7 December--Monday
9 a.m. Opening Plenary
Chairmen's remarks and Host's comments
Introductions, review and approve meeting agenda and
approval of previous meeting minutes
Schedule for this week
Action Item Review
Schedule for next meetings
1 a.m. Presentations
Proposal for a MASPS/MOPS for AIS/MET Data Link Services--
Gary Livack & Mark Mutchler
To be determined
1 p.m. SPR
8 December--Tuesday
9 a.m. Joint AIS and MET Subgroup Meetings
9 December--Wednesday
9 a.m. Joint AIS and MET Subgroup Meetings
10 December--Thursday
9 a.m. Joint AIS and MET Subgroup Meetings
11 December--Friday
9 a.m. Joint AIS and MET Subgroup Meetings
10:30 a.m. Plenary Session
Other Business
Meeting Plans and Dates
Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.
Issued in Washington, DC, on November 12, 2009.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. E9-27662 Filed 11-17-09; 8:45 am]
BILLING CODE 4910-13-P