60934 Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Notices

OPRA Plan are the American Stock Exchange

(‘‘AMEX’’); the Chicago Board Options Exchange

(‘‘CBOE’’); the New York Stock Exchange (‘‘NYSE’’);

the Pacific Exchange (‘‘PCX’’); and the Philadelphia

Stock Exchange (‘‘Phlx’’).

2See Exchange Act Release No. 39137 (September

26, 1997) 62 FR 51707.

3The proposal would require vendors to obtain

a written agreement from each OPRA subscriber

whose customers will be provided the dial-up

service from the vendor that the subscriber will: (1)

obtain from each of its customers to whom the

vendor furnishes the service an agreement that the

customer will: (a) receive OPRA data only for such

person’s use, (b) not retransmit the data to anyone

else, and (c) acknowledge that OPRA data is the

property of the respective exchange or market in

which a reported transaction occurred or a reported

quotation was entered; (2) provide to the vendor a

current list of customers entitled to receive the

service from the vendor and to certify that each

named customer has entered into the required

agreement; (3) maintain the same customer records

required to be maintained by the vendor with

respect to customers; and (4) acknowledge the

absence of any guarantee and the disclaimer of

liability on the part of OPRA, OPRA’s processor and

each participating exchange.

4 In approving this rule, the Commission notes

that it has considered the proposed rule’s impact on

efficiency, competition, and capital formation. 15

U.S.C. 78c(f). 517 CFR 200.30–3(a)(29).

submitted to the Securities and

Exchange Commission (‘‘SEC’’ or

‘‘Commission’’), pursuant to Rule

11Aa3–2 under the Securities Exchange

Act of 1934 (‘‘Exchange Act’’), an

amendment to the Plan for Reporting of

Consolidated Options Last Sale Reports

and Quotation Information (‘‘Plan’’).

The proposed amendment revises the

Dial-Up Market Data Service Rider

(‘‘Rider’’) to OPRA’s vendor agreement

to accommodate a third party vendor’s

provisions of dial-up service to

customers of an OPRA subscriber.

The proposed amendment was

published for comment in the Federal

Register on October 2, 1997.2 No

comments were received on the

proposal. This order approves the

proposal.

II. Description and Purpose of the

Amendment

The purpose of the amendment is to

add provisions to OPRA’s Rider to the

vendor agreement to accommodate the

situation in which an OPRA vendor

provides a dial-up service to the

customers of an OPRA subscriber, rather

than to its own customers. According to

OPRA, several vendors and brokerdealer subscribers have recently

expressed interest in such an

arrangement. As this arrangement is not

currently contemplated under the Rider,

the proposal would amend the Rider to

address the one significant difference

between the traditional situation of a

firm providing a dial-up service to its

own customers and the recent proposals

for firms to arrange for third-party

vendors to provide a dial-up service for

the firms’ customers. In the former case,

there is a direct contractual relationship

between the vendor, a party to the

Rider, and the vendor’s customers. In

the latter case, however, the vendor’s

subscriber, rather than the vendor, has

a contractual relationship with the

customer.

In its current form, the Rider imposes

certain obligations on vendors who

provide a dial-up service. These

obligations require that contracts

between vendors and their customers

contain specific provisions, for the

benefit of OPRA, relating to proprietary

rights to OPRA data, non-retransmission

of data, the absence of any guarantee of

the data and a disclaimer of liability.

The proposed amendment to the Rider

would mandate that vendors require

comparable provisions to be included in

contracts between subscribers and their

customers who receive a dial-up service

from a third-party vendor.3

Other than as described above, OPRA

proposes no change in the way in which

dial-up services may be offered to

investors. OPRA represents that no new

or additional OPRA fees will result from

this proposed amendment and the

amendment will not make any new

parties subject to OPRA’s existing fee.

OPRA proposes to phase in the revised

form of the Rider to take the place of the

existing Rider.

III. Discussion

After careful review, the Commission

finds that the proposed amendment is

consistent with the requirements of the

Act and the rules and regulations

thereunder.4 Specifically, the

Commission believes that the proposed

amendment, which accommodates the

provision of OPRA data through thirdparty vendors, is consistent with Rule

11Aa3–2 in that it will contribute to the

maintenance of fair and orderly markets

and remove impediments to and perfect

the mechanisms of a national market

system.

The Commission notes that the

proposed amendment will require third

party vendors that provide a dial-up

service to the customers of OPRA

subscribers to obtain an agreement from

the subscribers, in writing, that the

subscribers will include provisions for

the benefit of OPRA in the subscribers’

written agreements with its customers.

The Commission believes that it is

reasonable for OPRA to extend its

existing contractual protections to

situations in which a third party vendor

provides a dial-up service to the

customers of an OPRA subscriber. The

Commission notes that the proposed

amendment also provides OPRA

subscribers with alternatives for the

provision of the dial-up service to their

customers. Accordingly, the

Commission believes that the proposed

amendment will provide additional

flexibility to OPRA subscribers while

providing OPRA with the contractual

protections that it requires.

IV. Conclusion

It is therefore ordered, pursuant to

Rule 11Aa3–2 of the Act, that the

proposed amendment (SR–OPRA–97–4)

is approved.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.5

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 97–29882 Filed 11–12–97; 8:45 am]

BILLING CODE 8010–01–M

DEPARMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. RE–97–57]

Petitions for Exemption Summary of

Petitions Received; Dispositions of

Petitions Issued

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of petitions for

exemption received and dispositions of

prior petitions.

SUMMARY: Pursuant to FAA’s rulemaking

provisions governing the application,

processing, and disposition of petitions

for exemption (14 CFR Part 11), this

notice contains a summary of certain

petitions seeking relief from specified

requirements of the Federal Aviation

Regulations (14 CFR Chapter I),

dispositions of certain petitions

previously received, and corrections.

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

any petition or its final disposition.

DATES: Comments on petitions received

must identify the petition docket

number involved and must be received

on or before December 3, 1997.

ADDRESSES: Send comments on any

petition in triplicate to: Federal

Aviation Administration, Office of the

Chief Counsel, Attn: Rule Docket (AGC–

200), Petition Docket No. llll, 800

Independence Avenue, SW.,

Washington, DC. 20591.
Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Notices 60935

Comments may also be sent

electronically to the following internet

address: 9–NPRM–CMNTS@faa,dot.gov.

The petition, any comments received,

and a copy of any final disposition are

filed in the assigned regulatory docket

and are available for examination in the

Rules Docket (AGC–200), Room 915G,

FAA Headquarters Building (FOB 10A),

800 Independence Avenue, SW.,

Washington, DC, 20591; telephone (202)

267–3132.

FOR FURTHER INFORMATION CONTACT:

Heather Thorson, (202) 267–7470 or

Angela Anderson (202) 267–9681 Office

of Rulemaking (ARM–1), Federal

Aviation Administration, 800

Independence Avenue, SW.,

Washington, DC 20591.

This notice is published pursuant to

paragraphs (c), (e), and (g) of § 11.27 of

Part 11 of the Federal Aviation

Regulations (14 CFR part 11).

Issued in Washington, D.C., on November

6, 1997.

Donald P. Byrne,

Assistant Chief Counsel for Regulations.

Petitions for Exemption

Docket No.: 29038.

Petitioner: GE Varig.

Sections of the FAR Affected: 14 CFR

145.47(b).

Description of Relief Sought: To

permit the petitioner to substitute the

calibration standards of the Instituto

Nacional de Metrologia, Normalizac ̨a ̃o e

Qualidade Industrial, Brazil’s national

standards organization, for the

calibration standards of the U.S.

National Institute of Standards and

Technology to test its inspection

equipment.

Docket No.: 29039.

Petitioner: Worldwide Aircraft

Services, Inc.

Sections of the FAR Affected: 14 CFR

25.807(g)(1), 25.807(i)(1), and 25.857(e).

Description of Relief Sought: To

exempt Worldwide Aircraft Services

from the requirements of 14 CFR

§§ 25.807(g)(1), 25.807(i)(1), and

25.857(e) for the carriage of

supernumeraries on Embraer model 120

airplanes with a Class E cargo

compartment.

Docket No.: 26734.

Petitioner: Sierra Industries, Inc.

Sections of the FAR Affected: 14 CFR

91.9(a) and 91.531(a)(1) and (2).

Description of Relief Sought: To

permit certain qualified pilots of Cessna

Model 500 Citation (CE–500) airplanes

with Supplemental Type Certificate

(STC) No. SA09377SC to operate those

airplanes within a pilot who is

designated as second in command.

Docket No.: 29027.

Petitioner: National Business Aviation

Association, Inc.

Sections of the FAR Affected: 14 CFR

61.57(b).

Description of Relief Sought: To

permit NBAA-member companies to

meet night takeoff and landing recent

flight experience requirements using a

Level C or Level D flight simulator, and

to accomplish the required takeoffs and

landings every 180 days rather than

every 90 days.

Docket No.: 27052.

Petitioner: Petroleum Helicopters, Inc.

Sections of the FAR Affected: 14 CFR

135.143(c).

Description of Relief Sought: To

permit the petitioner to continue to

operate its Bell Model 206L–1

helicopters (Registration Nos. N2761X,

N5005B, N50182, and N50046; and

Serial Nos. 45283, 45175, 45242, 45173,

respectively) without having a TSO–

C112 (Mode S) transponder installed on

those aircraft.

Docket No.: 29034.

Petitioner: Eagle Jet Charter, Inc.

Sections of the FAR Affected: 14 CFR

93.316(b).

Description of Relief Sought: To

permit the petitioner to continue to

operate its Fokker F–27 turboprop

aircraft after January 31, 1998, under

instrument flight rules in the Grand

Canyon National Park Special Flight

rules Area at cruise altitudes of 15,000

and 16,000 feet mean sea level without

those aircraft being listed on its

operations specifications as commercial

sightseeing aircraft.

Dispositions of Petitions

Docket No.: 012SW.

Petitioner: Frank D. Robinson.

Sections of the FAR Affected: 14 CFR

27.1(a).

Description of Relief Sought/

Disposition: To permit certification of

hydraulically boosted controls on the

Model R44 helicopter without the

necessity of considering the jamming of

a control valve as a possible single

failure. Grant, October 17, 1997,

Exemption No. 6692.

Docket No.: 23771.

Petitioner: Cessna Aircraft Company.

Sections of the FAR Affected: 14 CFR

91.9(a) and 91.531(a)(1) and (2).

Description of Relief Sought/

Disposition: To permit certain qualified

pilots of Cessna Citation Model 550,

S550, 552, or 560 aircraft to operate

those aircraft without a pilot who is

designated as second in command.

Grant, October 28, 1997, Exemption No.

4050J.

[FR Doc. 97–29902 Filed 11–12–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Flight Standards District Office at

Scottsdale, AZ; Certificate

Management Office at Phoenix, AZ;

Notice of Consolidation

Notice is hereby given that on or

about November 10, 1997, the Flight

Standards District Office at Scottsdale,

Arizona and the Certificate Management

Office at Phoenix, Arizona will be

consolidated as Arizona Flight

Standards District Office. Services to the

general public of Arizona will continue

to be provided by the new organization

at the same physical locations. This

information will be reflected in the FAA

Organizational Statement the next time

it is reissued.

(Sec. 313(a), 72 Stat. 752; 49 U.S.C. 1354.)

Issued in Los Angeles, CA, on October 27,

1997.

Lynore C. Brekke,

Acting Regional Administrator, WesternPacific Region.

[FR Doc. 97–29903 Filed 11–12–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Sec. 5a Application No. 61]

National Classification Committee—

Agreement

AGENCY: Surface Transportation Board,

DOT.

ACTION: Request for comments.

SUMMARY: The Surface Transportation

Board is commencing a proceeding to

determine whether, under 49 U.S.C.

13703(d) and (e), it is in the public

interest to renew the bureau agreement

of the National Classification

Committee, which administers the

National Motor Freight Classification.

DATES: Written notices of intent to

participate are due by November 28,

1997. Shortly thereafter, we will serve a

preliminary service list and request for

written corrections. By December 11,

1997, we will serve any necessary

corrections to the service list. Opening

comments are due by January 8, 1998.

Reply comments are due by February 5,

1998.

ADDRESSES: Send an original and 10

copies of notices of intent to participate

and comments, referring to ‘‘Section 5a

Application No. 61,’’ to: Surface

Transportation Board, Office of the

Secretary, Case Control Unit, 1925 K

Street, N.W., Washington, DC 20423.