Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Notices 51547 

5 15 U.S.C. 78s(b)(3)(A)(iii). 

6 17 CFR 240.19b–4(f)(6). 

7See 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). 

12For 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). 13 17 CFR 200.30–3(a)(12). 

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 

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. 

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–NYSE–2008–069 on the 

subject line. 

Paper Comments 

• 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 

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. 

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] 

BILLING CODE 8010–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket Number: OST–95–177] 

Notice of Request for Extension of a 

Previously Approved Collection 

AGENCY: Office of the Secretary. 

ACTION: Notice and request for 

comments. 

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:// 


sroberts on PROD1PC70 with NOTICES
51548 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 

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 

(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 


sroberts on PROD1PC70 with NOTICES