Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 81323 

18The text of the proposed rule change is 

available on the Commission’s Web site at 

www.sec.gov. 

19 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A). 

4 17 CFR 240.19b–4(f)(2). 

5See Securities Exchange Act Release No. 63318 

(November 16, 2010), 75 FR 71155 (November 22, 

2010) (SR–Phlx–2010–148). 

6Member Organizations operating through one or 

more Exchange markets that are able to demonstrate 

that 25% or more of its revenue, as reflected in the 

most recently submitted FOCUS Report or 

transactions as reflected on its purchased and sales 

blotter, are derived from securities transactions on 

the Exchange are exempt from the Examinations 

Fee. 

All submissions should refer to File 

Number SR–Phlx–2010–176. 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 website 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.18 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–Phlx– 

2010–176 and should be submitted on 

or before January 18, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.19

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–32382 Filed 12–23–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63569; File No. SR–Phlx– 

2010–178] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Amend Its 

Fee Schedule 

December 17, 2010. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on December 

15, 2010, NASDAQ OMX PHLX LLC 

(‘‘Phlx’’ 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. Phlx has filed the 

proposal pursuant to Section 19(b)(3)(A) 

of the Act 3 and Rule 19b–4(f)(2) 

thereunder,4 which renders the proposal 

effective upon filing with the 

Commission. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of the Substance 

of the Proposed Rule Change 

The Exchange proposes to eliminate 

the Examinations Fee, amend the 

Exchange’s Permit Fees and Application 

Fee and create a Transfer of Affiliation 

Fee. The Exchange also proposes to 

make other technical non-substantive 

amendments to the proposal to update 

the Fee Schedule by removing obsolete 

language and adding clarifying 

language. 

While changes to the Exchange’s Fee 

Schedule pursuant to this proposal are 

effective upon filing, the Exchange has 

designated this proposal to be operative 

on January 3, 2011, except for the 

Lapsed Application Fee which the 

Exchange proposes to be operative on 

the approval of proposed rule change 

SR–Phlx–2010–148.5

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://nasdaqtrader.com/ 

micro.aspx?id=PHLXfilings, 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 

Exchange included statements 

concerning the purpose of and basis for 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in sections A, B and C below, of 

the most significant aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of the proposed rule 

change is to eliminate the Exchange’s 

Examination Fee, amend the Permit Fee 

and Application Fee and propose a new 

Transfer of Affiliation Fee. 

Examinations Fee 

The Exchange is proposing to 

eliminate the Examinations Fee. The 

Exchange believes that the 

Examinations Fee is no longer necessary 

because the number of off-floor traders 

for which the Exchange is the 

Designated Examining Authority 

(‘‘DEA’’) has declined to under ten 

member organizations with a limited 

number of off-floor trades. Also, the 

Exchange believes that members should 

bear the burden of certain Exchange 

expenses associated with membership 

equally. The Exchange proposes to 

amend its Permit Fees, as described 

below, to differentiate between members 

who transact business at the Exchange 

and those members who do not transact 

business at the Exchange. Members who 

transact business at the Exchange pay 

transaction fees and other types of fees, 

as compared to members who do not 

transact business at the Exchange and 

do not pay such fees but still incur costs 

for the Exchange related to membership. 

The Exchange believes that eliminating 

the Examinations Fee and creating the 

proposed Permit Fees spreads Exchange 

costs equally among members. 

Currently, the Exchange assesses an 

Examinations Fee based on a tiered 

schedule. The fee is applicable to 

member organizations for which the 

Exchange is the DEA.6 The Exchange 

assesses the monthly Examinations Fee 

as follows: $2,100 is assessed to a 

member organization that has from 0–10 

off-floor traders; $2,600 is assessed to a 

member organization that has from 11– 

50 off-floor traders; $5,000 is assessed to 

a member organization that has from 

51–200 off-floor traders; and $12,500 is 

assessed to a member organization that 

has over 200 off-floor traders. 


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81324 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 

7Applicants that apply for membership solely to 

participate in the NASDAQ OMX PSX equities 

market are not assessed a Permit Fee, Application 

Fee, Initiation Fee, or Account Fee. See Securities 

Exchange Act Release No. 61863 (April 7, 2010), 75 

FR 20021 (April 16, 2010) (SR–Phlx–2010–54). 

8See Exchange Rule 1094 titled Sponsored 

Participants. A Sponsored Participant may obtain 

authorized access to the Exchange only if such 

access is authorized in advance by one or more 

Sponsoring Member Organizations. Sponsored 

Participants must enter into and maintain 

participant agreements with one or more 

Sponsoring Member Organizations establishing a 

proper relationship(s) and account(s) through 

which the Sponsored Participant may trade on the 

Exchange. 

9Application Fees are used to help offset 

Exchange clerical and administrative expenditures 

related to application processing including, but not 

limited to, regulatory background checks, 

registration and fingerprint card processing. 

10See Securities Exchange Act Release No. 63318 

(November 16, 2010), 75 FR 71155 (November 22, 

2010) (SR–Phlx–2010–148). 

11The purpose of the new application would be 

to update all information to provide the 

Membership Department current information on 

which to base a decision to accept the applicant for 

membership. 

12See Securities Exchange Act Release No. 61863 

(April 7, 2010), 75 FR 20021 (April 16, 2010) (SR– 

Phlx–2010–54). 

13See Securities Exchange Act Release No. 47148 

(January 9, 2003), 68 FR 2614 (January 17, 2003) 

(SR–Phlx–2002–79). 

14An Initiation Fee would also be assessed. See 

footnote 16. 

15See Exchange Rule 908(b) which states, ‘‘A 

Series A–1 permit shall only be issued to an 

individual or to a corporation meeting the 

requirements of Section 12–4 of the By-Laws, who 

meets the eligibility and application requirements 

set forth in Article XII of the By-Laws and in these 

rules, including, without limitation, Rule 972. 

***’’ 

16The Initiation Fee is $1,500 and is assessed 

upon the issuance of a permit. The initiation fee is 

payable by a non-member upon election to 

membership and is non-recurring unless there is a 

lapse in membership and the former member 

subsequently applies for admission. See Securities 

Exchange Act Release No. 20651 (February 23, 

1984), 49 FR 6817 (SR–Phlx–84–2). 

17The Application Fee would not apply today if 

a lapse in membership was not more than 6 months. 

The Exchange is proposing to eliminate this 

treatment with this proposal. 

Permit Fees 

The Exchange is proposing to amend 

its current Permit Fee which is $1,000 

per month. The Exchange proposes to 

amend this Permit Fee by instead 

assessing two different Permit Fees 

based on whether a member is 

transacting business on the Exchange. 

The Exchange proposes to assess 

members who are transacting business 

on the Exchange a Permit Fee of $1,100 

per month. The Exchange proposes to 

assess members who are not transacting 

business on the Exchange a Permit Fee 

of $7,500 per month. A member or 

member organization would not be 

assessed the $7,500 Permit Fee for not 

transacting business on the Exchange if 

that member is either: (i) Solely a PSX 

Participant 7 or (ii) engaged in any 

options business at the Exchange in a 

particular month. That member would 

instead be assessed the $1,100 monthly 

Permit Fee. In addition, a member or 

member organization that sponsors an 

options participant 8 would pay an 

additional Permit Fee for each 

sponsored options participant. 

The Exchange is proposing to increase 

the current Permit Fee, the addition of 

a Permit Fee for members not 

transacting business and a fee for 

sponsored participants to recoup costs 

associated with the administration of its 

members. 

Application Fee 

The Exchange is proposing to amend 

its Application Fee to add another 

Application Fee for Lapsed 

Applications. The title of the new fee 

will be ‘‘Application Fee for Lapsed 

Applications’’ and the Exchange would 

assess $350 to submit the application 

after a lapse. The Application Fee for 

Lapsed Applications is the same as the 

current Application Fee.9 The fee is 

proposed to recoup administrative 

expenses incurred by the Exchange to 

review new applications for 

membership. 

Pursuant to Exchange Rule 900.2, 

applicants desiring membership in the 

Exchange are required to submit 

information in a form prescribed by the 

Membership Department. The Exchange 

recently proposed to amend its rules to 

require persons seeking membership to 

the Exchange to provide all information 

and subsequent requests from the 

Membership Department for 

information within a 90 calendar day 

period, otherwise the application 

lapses.10 If an application lapses, the 

applicant would be required to resubmit 

a new application.11 The Exchange 

would not refund the fee associated 

with submitting an application and the 

applicant would be required to pay a 

new fee to resubmit the application. 

Applicants that apply for membership 

solely to participate in the NASDAQ 

OMX PSX equities market today are not 

assessed a Permit Fee, Application Fee, 

Initiation Fee, or Account Fee.12 The 

Exchange would not assess the 

Application Fee for Lapsed 

Applications because the Application 

Fee is currently waived. 

The Exchange also proposes to amend 

the manner in which the Application 

and Initiation Fees are assessed. 

Currently, the Application Fee is 

charged only upon the first such 

approval of an applicant and is nonrecurring; however, a lapse for 6 months 

or more necessitates the payment of an 

Application Fee for reapplication.13 For 

example, if a member ceases to be a 

member on January 1st and applies on 

or after July 1st of that year to once 

again become a member, an Application 

Fee is charged to that applicant. 

The Exchange proposes to 

discontinue this practice of allowing a 

former member to reapply without being 

assessed an Application Fee so long as 

the former member reapplies for 

membership with the Exchange within 

6 months of terminating membership. 

The Exchange proposes to assess the 

Application Fee each time an applicant 

applies for membership, 

notwithstanding the fact that the 

applicant may have previously been a 

member of the Exchange.14

The Exchange is required to examine 

each applicant and perform all the 

necessary diligence for reviewing an 

applicant for membership.15 The ability 

to assess the Application Fee on former 

members who have a lapse in their 

membership would allow the Exchange 

to recoup administrative expenses 

incurred by the Exchange to determine 

if the lapsed member still meets all the 

membership requirements. 

Transfer of Affiliation Fee 

The Exchange proposes to create a 

$350 fee titled a ‘‘Transfer of Affiliation 

Fee.’’ The Exchange would assess this 

fee on permit holders who apply to 

transfer their affiliation from one 

Exchange member to another Exchange 

member, so long as there is no lapse in 

membership status. 

The Exchange has received requests 

from permit holders to affiliate with a 

different member organization. Today, 

the Exchange is required to assess an 

Application Fee 16 on applicants for 

membership, unless the member 

reapplies within 6 months. The 

Exchange is proposing to eliminate the 

ability of a permit holder to lapse an 

application for 6 months as mentioned 

herein. 

The Exchange is also proposing to 

treat permit holders who apply to 

transfer his or her affiliation from one 

member to another member as a transfer 

instead of as a new applicant, so long 

as the membership is continuous 

(permit was continuously held by the 

permit holder). Pursuant to Exchange 

Rule 908(b), no individual shall hold 

more than a single Series A–1 permit. A 

permit holder who desires to transfer 

his or her affiliation to a different 

member is required today to cancel their 

current permit and apply for another 

permit and incur an Application Fee 17


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Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 81325 

18See footnote 16. 

19This is the same amount that is currently 

assessed for an Application Fee. 

20See SR–Phlx–2010–177 (a proposal to expand 

the Sector Index Options promotional pricing for 

options overlying QNET to December 31, 2010). 

21See SR–Phlx–2010–177. 

22See SR–Phlx–2010–177. 

23See SR–Phlx–2010–177. 

24 15 U.S.C. 78f(b). 

25 15 U.S.C. 78f(b)(4). 

26See Securities Exchange Act Release No. 45816 

(April 24, 2002), 67 FR 30406 (May 6, 2002) (SR– 

ISE–2002–11) (a rule change that distinguishes 

pricing for competitive market makers (‘‘CMM’’) 

who actively trade as compared to CMMs who do 

not actively trade on ISE.) See also primary market 

maker fees (active and inactive) on ISE’s Schedule 

of Fees. 

27See Securities Exchange Act Release No. 63175 

(October 25, 2010), 75 FR 66813 (October 29, 2010) 

(SR–C2–2010–006) (a rule change to impose 

sponsored user fees). See also CBOE’s Fees 

Schedule at sponsored access fees. 

28 15 U.S.C. 78s(b)(3)(A)(ii). 

29 17 CFR 240.19b–4(f)(2). 

and an Initiation Fee.18 In this scenario, 

the Membership Department would not 

be required to perform the same 

diligence that would be necessary for a 

permit holder whose membership 

lapsed for any period of time. The 

Membership Department would be 

required to issue another permit and 

cancel the current permit and amend 

the affiliation in its records. 

The Exchange proposes to assess a 

Transfer of Affiliation Fee of $350 19 and 

waive the Initiation Fee of $1,500 

because the administrative time and 

clerical expenditures are substantially 

less for this type of request as compared 

to a new applicant or a former permit 

holder who left the Exchange, canceled 

his or her permit and is seeking to 

become a permit holder once again. The 

Exchange is proposing to assess only a 

Transfer of Affiliation Fee and waive the 

Initiation Fee because the Transfer Fee 

alone should allow the Exchange to 

recoup the costs of affiliating a current 

Exchange permit holder with a different 

member and issuing a new permit. 

Technical Amendments 

The Exchange is proposing to delete 

the language in Section III concerning 

Sector Index Options, related to the 

incentive program for Options 

Overlying QNET. This $.20 per contract 

transaction promotional pricing will 

expire on December 31, 2010,20 and the 

Exchange would instead assess 

members the applicable sector index 

options transaction charges, by market 

participant, on January 3, 2011.21 For 

example, for transactions in QNET 

sector index options, a customer would 

no longer be assessed the $.20 per 

contract on trade date January 3, 2011, 

but instead would be assessed the 

option transaction charge, which is $.44 

per contract.22 The Exchange proposes 

to remove this text which will be 

obsolete on January 3, 2011.23

2. Statutory Basis 

The Exchange believes that its 

proposal to amend its Fee Schedule is 

consistent with Section 6(b) of the 

Act— 24 in general, and furthers the 

objectives of Section 6(b)(4) of the 

Act—25 in particular, in that it is an 

equitable allocation of reasonable fees 

and other charges among Exchange 

members and other persons using its 

facilities. 

The Exchange believes that 

eliminating the Examinations Fee is 

reasonable because the fee is no longer 

necessary with the decline in off-floor 

traders and because the Permit Fee, as 

proposed, would assist the Exchange is 

equally distributing costs associated 

with membership. The Exchange 

believes that eliminating the 

Examinations Fee is equitable because 

the Exchange would not assess such a 

fee on any member organization for 

which it is the DEA. 

The Exchange believes that increasing 

the current Permit Fee and adding a 

new category of fees for members not 

transacting business on the Exchange is 

reasonable. Member organizations that 

are not active at the Exchange receive 

the same benefits as members who are 

actively transacting business at the 

Exchange. The members who are 

transacting business at the Exchange are 

assessed other fees for conducting 

business while members not transacting 

business at the Exchange and 

maintaining a membership are not 

incurring such fees. The Exchange also 

believes that the distinction in fees is 

equitable because it is similar to fees 

assessed by the International Securities 

Exchange LLC (‘‘ISE’’), which 

distinguish between active and inactive 

memberships.26

The Exchange also believes that the 

additional Permit Fee assessed on 

members/member organizations for each 

sponsored participant is reasonable 

because the member is benefitting from 

the additional access that is granted to 

the sponsored participant from the 

permit. The fee is equitable because it 

is similar to fees assessed by C2 Options 

Exchange, Incorporated (‘‘C2’’) and the 

Chicago Board Options Exchange, 

Incorporated (‘‘CBOE’’).27

The Exchange expends resources in 

processing applications for members. 

The determination to admit a person for 

membership in the Exchange is 

contingent on the information provided 

in the application. After a 90 day 

calendar period has elapsed, the 

information provided by the applicant is 

stale and no longer a reasonable basis 

for the Exchange to make a 

determination on admitting a person for 

membership. The Membership 

Department expends a considerable 

amount of resources requesting updates 

from members and researching 

information to make a reasonable 

determination when an application is 

outdated. Similarly, the Exchange is 

proposing to eliminate the waiver for 

members who lapse for less than 6 

months for similar reasons involving 

costs and resources. 

The Exchange believes that imposing 

a Transfer of Affiliation Fee on members 

desiring to transfer their affiliation and 

waiving the Initiation Fee is reasonable 

because the Exchange is proposing to 

only apply such a fee to members who 

have no lapse in their membership. 

Additionally, the Exchange believes that 

waiving the Initiation Fee is equitable 

because there is less administrative cost 

associated with transferring an 

affiliation as compared to a new 

application. 

Finally, the Exchange believes the 

proposed technical amendments to 

remove obsolete language will avoid 

confusion for members. 

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 Regarding the 

Proposed Rule Change Received From 

Members, Participants or Others 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(B)(3)(A)(ii) of the Act 28 and 

subparagraph (f)(2) of Rule 19b–4 

thereunder 29 because it establishes or 

changes a due, fee, or other charge 

applicable only to a member imposed by 

the self-regulatory organization. 

Accordingly, the proposal is effective 

upon Commission receipt of the filing. 

At any time within 60 days of the filing 

of the proposed rule change, the 

Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 


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81326 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 

30 17 CFR 200.30–3(a)(12). 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. 

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 rulecomments@sec.gov. Please include File 

Number SR–Phlx–2010–178 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–Phlx–2010–178. 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 website 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 such 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 

publicly available. All submissions 

should refer to File Number SR–Phlx– 

2010–178 and should be submitted on 

or before January 18, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.30

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–32376 Filed 12–23–10; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

Interest Rates 

The Small Business Administration 

publishes an interest rate called the 

optional ‘‘peg’’ rate (13 CFR 120.214) on 

a quarterly basis. This rate is a weighted 

average cost of money to the 

government for maturities similar to the 

average SBA direct loan. This rate may 

be used as a base rate for guaranteed 

fluctuating interest rate SBA loans. This 

rate will be 3.000 (3) percent for the 

January–March quarter of FY 2011. 

Pursuant to 13 CFR 120.921(b), the 

maximum legal interest rate for any 

third party lender’s commercial loan 

which funds any portion of the cost of 

a 504 project (see 13 CFR 120.801) shall 

be 6% over the New York Prime rate or, 

if that exceeds the maximum interest 

rate permitted by the constitution or 

laws of a given State, the maximum 

interest rate will be the rate permitted 

by the constitution or laws of the given 

State. 

Richard C. Blewett, 

Acting Director, Office of Financial 

Assistance. 

[FR Doc. 2010–32311 Filed 12–23–10; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2010–61] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of 14 CFR. 

The purpose of this notice is to improve 

the public’s awareness of, and 

participation in, this aspect of FAA’s 

regulatory activities. Neither publication 

of this notice nor the inclusion or 

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 

involved and must be received on or 

before January 18, 2011. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2010–1195 using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Send comments to the Docket 

Management Facility; U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to the Docket 

Management Facility at 202–493–2251. 

• Hand Delivery: Bring comments to 

the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Privacy: We will post all comments 

we receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Frances Shaver, ARM–207, (202) 267– 

4059, FAA, Office of Rulemaking, 800 

Independence Ave., SW., Washington, 

DC 20591. This notice is published 

pursuant to 14 CFR 11.85. 

Issued in Washington, DC, on December 

20, 2010. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2010–1195. 

Petitioner: Avianca Airlines. 

Section of 14 CFR Affected: Part 121, 

Appendix M (Item 18). 

Description of Relief Sought: Avianca 

Airlines is requesting relief from the 


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