Published 60-Day FRN; Vol. 73, page 51547

Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Notices
the Commission of any written
comments received by NYSE.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective upon filing pursuant to Section
19(b)(3)(A)(iii) of the Act 5 and Rule
19b–4(f)(6) 6 thereunder because it does
not (i) significantly affect the protection
of investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
for 30 days after the date of filing, or
such shorter time as the Commission
may designate if consistent with the
protection of investors and the public
interest. A proposed rule change filed
under Rule 19b–4(f)(6) normally does
not become operative prior to the 30th
day after the date of filing.7 However,
Rule 19b–4(f)(6)(iii) permits the
Commission to designate a shorter time
if such action is consistent with the
protection of investors and the public
interest.8
The NYSE has requested that the
Commission waive the 30-day operative
delay so that the proposed rule change
may take effect and become operative
upon filing with the Commission
pursuant to Section 19(b)(3)(A) 9 and
Rule 19b–4(f)(6) 10 thereunder. Waiver
of the 30-day operative delay will
enable NYSE to list foreign private
issuers whose home country laws
prohibit them from complying with
Section 501.00 of the Manual. NYSE
notes that Nasdaq already has a
comparable exception to its direct
registration system eligibility
requirement. As such, waiving the
operative delay eliminates a potential
competitive disadvantage that the NYSE
currently faces in competing for listings.
For the foregoing reasons, the
Commission believes that this rule filing
qualifies for immediate effectiveness
under paragraph (f)(6) of Rule 19b–4 11
and that waiving the 30-day operative
delay is consistent with the protection
of investors and the public interest.
Accordingly, the Commission hereby
5 15

U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
7 See 17 CFR 240.19b–4(f)(6)(iii).
8 In addition, Rule 19b–4(f)(6)(iii) requires the
self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule
change, along with a brief description and text of
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 NYSE has satisfied this
requirement.
9 15 U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(6).
11 17 CFR 240.19b–4(f)(6).

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designates the proposal as operative
upon filing.12
At any time within sixty days of the
filing of such rule change, the
Commission may summarily abrogate
such rule change if it appears to the
Commission that such action is
necessary or appropriate in the public
interest, for the protection of investors,
or otherwise in furtherance of the
purposes of the Act.

NYSE’s Web site, http://www.nyse.com.
All comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–NYSE–2008–069 and
should be submitted on or before
September 24, 2008.

IV. Solicitation of Comments

For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.13
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–20382 Filed 9–2–08; 8:45 am]

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

DEPARTMENT OF TRANSPORTATION

• Use the Commission’s Internet
comment form (http://www.sec.gov/
rules/sro.shtml) or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSE–2008–069 on the
subject line.
Paper Comments

12 For the 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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Office of the Secretary
[Docket Number: OST–95–177]

Notice of Request for Extension of a
Previously Approved Collection
Office of the Secretary.
Notice and request for
comments.

AGENCY:
ACTION:

• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street, NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSE–2008–069. This file
number should be included on the
subject line if e-mail is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for inspection and copying in
the Commission’s Public Reference
Room, 100 F Street, NE., Washington,
DC 20549, on official business days
between the hours of 10 a.m. and 3 p.m.
Copies of such filings also will be
available for inspection and copying at
the principal office of NYSE and on

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SUMMARY: In compliance with the
Paperwork Reduction Act of 1995,
Public Law 104–13, this notice
announces the Department of
Transportation’s (DOT) intention to
request extension of a previously
approved information collection.
DATES: Comments on this notice must be
received on or before November 3, 2008.
ADDRESSES: You may submit a comment
(identified by DOT Docket Number
OST–95–177) by any of the following
methods:
• Web site: http://regulations.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building,
Room W12–140, Washington, DC
20590–001.
• Hand Delivery: Room W12–140 on
the ground level of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Wednesday and Federal Holidays.
Instructions: All comments must
include the agency name and Docket
Number OST–95–177. Note that all
comments received will be posted
without change to http://
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Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Notices

regulations.gov, including any personal
information provided. You should know
that anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.).
Docket: For access to the docket to
read background documents or
comments, go to http://regulations.gov
at any time or to Room W12–140 on the
ground level of the West Building, 1200
New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Wednesday and
Federal holidays.
If you wish to receive confirmation of
receipt of your written comments,
please include a self-addressed,
stamped postcard with the following
statement: ‘‘Comments on Docket OST–
95–177’’. The Docket Clerk will date
stamp the postcard prior to returning it
to you via the U.S. mail. Please note that
due to delays in the delivery of U.S.
mail to Federal offices in Washington,
DC, we recommend that persons
consider an alternative method
(Internet, fax, or professional delivery
service) to submit comments to the
docket and ensure their timely receipt at
U.S. DOT.
FOR FURTHER INFORMATION CONTACT:
Aleta Best, Office of the Assistant
Secretary for Aviation and International
Affairs, Office of the Secretary, U.S.
Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC 20590, (202) 493–0797.
SUPPLEMENTARY INFORMATION:
Title: Disclosure of Change-of-Gauge
Services.
OMB Control Number: 2105–0538.
Expiration Date: November 30, 2008.
Type of Request: Extension of a
previously approved collection.
Abstract: Change-of-gauge service is
scheduled passenger air transportation
for which the operating carrier uses one
single flight number even though
passengers do not travel in the same
aircraft from origin to destination but
must change planes at an intermediate
stop. In addition to one-flight-to-oneflight change-of-gauge services, changeof-gauge services can also involve
aircraft changes between multiple
flights on one side of the change point
and one single flight on the other side.
As with one-for-one change-of-gauge
services, the carrier assigns a single
flight number for the passenger’s entire
itinerary even though the passenger
changes planes, but in addition, the
single flight to or from the exchange
point itself has multiple numbers, one

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for each segment with which it connects
and one for the local market in which
it operates.
The Department recognizes various
public benefits that can flow from
change-of-gauge services, such as a
lowered likelihood of missed
connections. However, although changeof-gauge flights can offer valuable
consumer benefits, they can be
confusing and misleading unless
consumers are given reasonable and
timely notice that they will be required
to change planes during their journey.
Section 41712 of Title 49 of the U.S.
code authorizes the Department to
decide if a U.S. air carrier or foreign air
carrier or ticket agent (including travel
agents) has engaged in unfair or
deceptive practices. Under this
authority, the Department has adopted
various regulations and policies to
prevent unfair or deceptive practices or
unfair methods of competition. The
Department requires as a matter of
policy that customers be given notice of
aircraft changes for change-of-gauge
flights. (See Department Order 89–1–31,
page 5.) The Department proposed to
adopt the extant regulations, however,
because it was not convinced that these
rules and policies resulted in effective
disclosure all of the time.
Respondents: All U.S. air carriers,
foreign air carriers, computer
reservations systems (CRSs), and travel
agents doing business in the United
States, and the traveling public.
Estimated Total Annual Burden:
Annual reporting burden for this data
collection is estimated at 113,644 hours
for all travel agents and airline ticket
agents and 113,644 hours for air
travelers, based on 15 seconds per
phone call and an average of 1.5 phone
calls per trip, for the approximately
33% of change-of-gauge itineraries that
involve personal contact. Most of this
data collection (third party notification)
is accomplished through highly
automated computerized systems.
Estimated Number of Respondents:
16,000, excluding travelers.
Estimated Time per Response: At 15
seconds per call and an average of 1.5
calls per trip, a total of 22.5 seconds per
respondent or traveler, for the
approximately 33% of change-of-gauge
itineraries that involve personal contact.
Comments are invited on: (a) Whether
this collection of information (third
party notification) is necessary for the
proper performance of the agency,
including whether the information will
have practical utility; (b) the accuracy of
the agency’s estimate of burden of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information collected; and

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(d) ways to minimize the burden of the
collection of information on the
respondents, including through the use
of automated techniques or other forms
of information technology.
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Todd M. Homan,
Director, Office of Aviation Analysis.
[FR Doc. E8–20371 Filed 9–2–08; 8:45 am]
BILLING CODE 4910–9X–P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Research, Engineering and
Development Advisory Committee
Pursuant to section 10(A)(2) of the
Federal Advisory Committee Act (Public
Law 92–463; 5 U.S.C. App. 2), notice is
hereby given of a meeting of the FAA
Research, Engineering and Development
(R, E&D) Advisory Committee.
AGENCY: Federal Aviation
Administration, DOT.
ACTION:

Notice of meeting.

Name: Research, Engineering &
Development Advisory Committee.
Time and Date: September 24, 2008—
9 a.m. to 5 p.m.
Place: Federal Aviation
Administration, 800 Independence
Avenue, SW.—Round Room (10th
Floor), Washington, DC 20591
Purpose: The meeting agenda will
include receiving from the Committee
guidance for FAA’s research and
development investments in the areas of
air traffic services, airports, aircraft
safety, human factors and environment
and energy. Attendance is open to the
interested public but seating is limited.
Persons wishing to attend the meeting
or obtain information should contact
Gloria Dunderman at (202) 267–8937 or
gloria.dundermanfaa.gov. Attendees
will have to present picture ID at the
security desk and be escorted to the
Round Room.
Members of the public may present a
written statement to the Committee at
any time.
Issued in Washington, DC, on August 22,
2008.
Barry Scott,
Director, Research & Technology
Development.
[FR Doc. E8–20314 Filed 9–2–08; 8:45 am]
BILLING CODE 4910–13–M

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