54448 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices 

6E-mail from Tim Malinowski, Director, NYSE 

Euronext, to Edward Cho, Special Counsel, Division 

of Trading and Markets, Commission, dated 

September 9, 2008. 

7 15 U.S.C. 78f(b). 

8 15 U.S.C. 78f(b)(5). 

9E-mail from Tim Malinowski, Director, NYSE 

Euronext, to Edward Cho, Special Counsel, Division 

of Trading and Markets, Commission, dated August 

27, 2008. 10 17 CFR 200.30–3(a)(12). 

trading volume in each non-U.S. 

security and related non-U.S. security 

occurs in the U.S. market during the sixmonth period preceding the date of 

listing; or (b) three percent of the total 

shares outstanding of the relevant 

underlying security worldwide if at 

least 50 percent of the worldwide 

trading volume in each non-U.S. 

security and related non-U.S. security 

occurs in the U.S. market during the sixmonth period preceding the date of 

listing; and (c) five percent of the total 

shares outstanding of the relevant 

underlying security worldwide if at 

least 70 percent of the worldwide 

trading volume in each non-U.S. 

security and related non-U.S. security 

occurs in the U.S. market during the sixmonth period preceding the date of 

listing.6

Additional Technical Changes 

The Exchange proposes to correct the 

numbering of NYSE Arca Equities Rule 

5.2(j)(2)(C)(iv) to NYSE Arca Equities 

Rule 5.2(j)(2)(C)(iii). The Exchange also 

proposes to change the reference to the 

Division of Market Regulation to the 

Division of Trading and Markets in 

NYSE Arca Equities Rule 5.2(j)(2)(D)(i). 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) 7 of the Exchange Act, in 

general, and furthers the objectives of 

Section 6(b)(5),8 in particular, in that it 

is designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to foster cooperation and 

coordination with persons engaged in 

facilitating transactions in securities, 

and to remove impediments to and 

perfect the mechanisms of a free and 

open market and a national market 

system, and, in general, to protect 

investors and the public interest. The 

Exchange believes that expanding the 

listing criteria for ELNs to encompass 

notes that are linked to the securities of 

investment companies will provide 

investors with enhanced investment 

options and flexibility. The Exchange 

also believes that the availability of 

financial information for the underlying 

securities of 1940 Act registered 

investment companies, like the 

Exchange Act reporting companies, 

have disclosure obligations under the 

federal securities laws. 

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 Exchange Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the Exchange consents, 

the Commission will: 

(A) By order approve the proposed 

rule change, or 

(B) Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

The Exchange has requested accelerated 

approval of this proposed rule change 

prior to the 30th day after the date of 

publication of the notice in the Federal 

Register.9

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 Exchange 

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–NYSEArca–2008–94 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–Arca–2008–94. 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 the 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 available publicly. All 

submissions should refer to File 

Number SR–NYSEArca–2008–94 and 

should be submitted on or before 

October 6, 2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–21901 Filed 9–18–08; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Request Approval 

From the Office of Management and 

Budget of a New Information 

Collection Activity, Request for 

Comments; Revisions to Digital Flight 

Data Recorder Regulations for Boeing 

737 Airplanes and for All Part 125 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: The FAA invites public 

comments about our intention to request 

the Office of Management and Budget 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices 54449 

(OMB) to approve a new information 

collection. The FAA would amend the 

regulations governing flight data 

recorders to increase the number of 

digital flight data recorder parameters 

for certain Boeing airplanes. 

DATES: Please submit comments by 

November 18, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Carla Mauney on (202) 267–9895, or by 

e-mail at: Carla.Mauneyfaa.gov. 

SUPPLEMENTARY INFORMATION: 

Federal Aviation Administration (FAA) 

Title: Revisions to Digital Flight Data 

Recorder Regulations for Boeing 737 

Airplanes and for All Part 125 

Airplanes. 

Type of Request: Reinstatement, 

without change, of a previously 

approved collection. 

OMB Control Number: 2120–0616. 

Form(s): There are no FAA forms 

associated with this collection. 

Affected Public: A total of 2,960 

Respondents. 

Frequency: This is a passive 

information collection. 

Estimated Average Burden per 

Response: This is a passive information 

collection activity. Responses are 

recorded automatically in the aircraft’s 

digital flight data recorder. 

Estimated Annual Burden Hours: An 

estimated 1 hour annually. 

Abstract: The FAA would amend the 

regulations governing flight data 

recorders to increase the number of 

digital flight data recorder parameters 

for certain Boeing airplanes. This 

change is based on safety 

recommendations from the National 

Transportation Safety Board following 

its investigations of two accidents and 

several incidents involving 737s. 

Addresses: Send comments to the 

FAA at the following address: Ms. Carla 

Mauney, Room 712, Federal Aviation 

Administration, IT Enterprises Business 

Services Division, AES–200, 800 

Independence Ave., SW., Washington, 

DC 20591. 

Comments are invited on: Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimates of the 

burden of the proposed information 

collection; ways to enhance the quality, 

utility and clarity of the information to 

be collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Issued in Washington, DC, on 

September 12, 2008. 

Carla Mauney, 

FAA Information Collection Clearance 

Officer, IT Enterprises Business Services 

Division, AES–200. 

[FR Doc. E8–21812 Filed 9–18–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Public Notice for Waiver of 

Aeronautical Land-Use Assurance; 

Mansfield Lahm International Airport, 

Mansfield, OH 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of intent of waiver with 

respect to land. 

SUMMARY: The Federal Aviation 

Administration (FAA) is considering a 

proposal to change a portion of the 

airport from aeronautical use to nonaeronautical use and to authorize the 

sale of the airport property. The 

proposal consists of the sale of two areas 

adjacent to one another of vacant land 

with few trees remaining along old 

property lines and at the edge of the 

approach surface, and owned by the 

City of Mansfield. The Parcels (#47 and 

0–1) is approximately 21.571 acres. 

There are no impacts to the airport by 

allowing the airport to dispose of the 

property. The proposed land for release 

is vacant and not required for future 

airport development. The intended land 

use is for the expansion of the GormanRupp Company along Harrington 

Memorial Road. Approval does not 

constitute a commitment by the FAA to 

financially assist in the disposal of the 

subject airport property nor a 

determination of eligibility for grant-inaid funding from the FAA. The 

disposition of proceeds from the 

disposal of the airport property will be 

in accordance with FAA’s Policy and 

Procedures Concerning the Use of 

Airport Revenue, published in the 

Federal Register on February 16, 1999. 

In accordance with section 47107(h) 

of title 49, United States Code, this 

notice is required to be published in the 

Federal Register 30 days before 

modifying the land-use assurance that 

requires the property to be used for an 

aeronautical purpose. 

DATES: Comments must be received on 

or before October 20, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Swann, Program Manager, 

Detroit Airports District Office, 11677 

South Wayne Road, Suite 107, Romulus, 

Michigan 48174. Telephone Number: 

(734) 229–2945/FAX Number: (734) 

229–2950. Documents reflecting this 

FAA action may be reviewed at this 

same location or at Mansfield Lahm 

International Airport, Mansfield, Ohio. 

SUPPLEMENTARY INFORMATION: Following 

is a legal description of both properties 

situated in the State of Ohio, County of 

Richland, City of Mansfield, located in 

the Northeast Quarter of Section 3, 

Township 21 North, Range 18 West, and 

described as follows: 

(Legal Description of Property). 

Parcel 0–1 

Beginning at a concrete monument 

found at the Southwest corner of said 

Northeast Quarter of Section 3, said 

being the Northeasterly corner of a 

parcel of land now owned by The 

Gorman-Rupp Company of record in 

Official Record Volume 514, Page 50; 

Thence North 01°28′00′′ West, a 

distance of 1270.74 feet along the 

westerly line of said Northeast Quarter 

of Section 3, to a concrete monument 

found on the Southerly right-of-way line 

of Airport Road South; 

Thence the following two (2) courses 

and distances along and southerly rightof-way line of Airport Road South: 

1. Thence North 89°01′07′′ East, a 

distance of 10.88 feet to an iron pin; 

2. Thence South 66°22′53′′ East, a 

distance of 29.86 feet to a point at the 

northwesterly center of the 4.586 acre 

tract (clear zone); 

Thence South 34°30′27′′ East, a 

distance of 1133.89 feet along the 

southwesterly line of said 4.586 acre 

tract to a point on a curve in the 

westerly right-of-way line of State Route 

13, at the southerly corner of said 4.586 

acre tract; 

Thence along said westerly right-ofway line of State Route 13, with a curve 

to the right, having a radius of 2850.96 

feet, a central angle of 06°29′06′′ an arc 

length of 322.68 feet, the chord to which 

bears South 16°45′09′′ West, a chord 

distance of 322.51 feet to an iron pin; 

Thence South 88°25′00′′ West, a 

distance of 555.32 feet to the Point of 

Beginning, containing 11.870 acres, 

more or less, being subject to all legal 

highways and easements of record. 

Parcel 47 

Being known as a part of the 

Northwest Quarter of Section No. 3, 

Township 21 North, Range 18 West and 

more fully described as follows: 

Commencing at a concrete monument 

found at the Southeast corner of the 

Northwest Quarter of Section No. 3, said 

concrete monument also being at the 

Southeast corner of a parcel of land now 

owned by The Gorman-Rupp Company, 


jlentini on PROD1PC65 with NOTICES