[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Proposed Rules]
[Pages 41516-41518]
[FR Doc No: 2023-13574]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1220; Project Identifier MCAI-2023-00478-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A330-200 series airplanes; Model A330-200
Freighter series airplanes; Model A330-300 series airplanes; Model
A330-800 series airplanes; Model A330-900 series airplanes; Model A340-
200 series airplanes; and Model A340-300 series airplanes. This
proposed AD was prompted by a report of cracks found in the fuel
control unit housing assembly of a Honeywell GTCP331-350 auxiliary
power unit (APU), which caused fuel leakage in the APU compartment.
This proposed AD would require replacing any affected APU fuel control
unit or affected APU, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is proposed for incorporation by reference
(IBR). This proposed AD would also prohibit the installation of
affected parts under certain conditions. The FAA is proposing this AD
to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 11,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1220; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu. It is
also available at regulations.gov under Docket No. FAA-2023-1220.
     For Honeywell service information identified in this NPRM,
contact Honeywell International, Inc., 111 South 34th Street, Phoenix,
AZ 85034; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; website:
myaerospace.honeywell.com/wps/portal.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1220; Project Identifier
MCAI-2023-00478-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0057, dated March 16, 2023
(EASA AD 2023-0057), to correct an unsafe condition for all Airbus SAS
Model 330-201, A330-202, A330-203, A330-223, A330-223F, A330-243, A330-
243F, A330-301, A330-302, A330-303, A330-321, A330-322, A330-323, A330-
341, A330-342, A330-343, A330-841, A330-941, A330-743L, A340-211, A340-
212, A340-213, A340-311, A340-312, and A340-313 airplanes. Airbus SAS
Model A330-743L airplanes are not certificated by the FAA and are not
included on the U.S. type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability. The
MCAI states cracks were found in the fuel control unit housing assembly
of a Honeywell GTCP331-350 APU, which caused fuel leakage in the APU
compartment. This condition, if not addressed, could lead to an

uncommanded in-flight shutdown of the APU, or a fire in the APU
compartment, possibly resulting in damage to the airplane.
    The FAA is proposing this AD to address the unsafe condition on
these products.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1220.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0057 specifies procedures for replacing affected APU
fuel control units or APUs. EASA AD 2023-0057 also prohibits the
installation of affected parts under certain conditions.
    Honeywell Service Bulletin GTCP331-49-7954, dated December 19,
2007, specifies serial numbers for affected APU fuel control units.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0057, described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2023-0057 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0057 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same, as the heading
of a particular section in EASA AD 2023-0057 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0057. Service information required by EASA AD 2023-0057 for compliance
will be available at regulations.gov under Docket No. FAA-2023-1220
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 128 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
             Labor cost                Parts cost          Cost per  product           Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 5 work-hours x $85 per hour =             * $  Up to $425...................  Up to $54,400.
 $425.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the parts cost estimate.

    The FAA has included all known costs in its cost estimate.
According to the APU manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

Airbus SAS: Docket No. FAA-2023-1220; Project Identifier MCAI-2023-
00478-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by August 11, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS airplanes specified in
paragraphs (c)(1) through (7) of this AD, certificated in any
category.
    (1) Model A330-201, -202, -203, -223, and -243 airplanes.
    (2) Model A330-223F and -243F airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
    (4) Model A330-841 airplanes.
    (5) Model A330-941 airplanes.
    (6) Model A340-211, -212, and -213 airplanes.
    (7) Model A340-311, -312, and -313 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 49, Airborne
Auxiliary Power.

(e) Unsafe Condition

    This AD was prompted by a report of cracks in the fuel control
unit housing assembly of a Honeywell GTCP331-350 auxiliary power
unit (APU), which caused fuel leakage in the APU compartment. The
FAA is issuing this AD to address the cracked fuel control unit
housing assemblies. The unsafe condition, if not addressed, could
result in an uncommanded APU in-flight shutdown, or fire in the APU
compartment, which could result in damage to the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0057, dated March 16, 2023 (EASA AD 2023-0057).

(h) Exceptions to EASA AD 2023-0057

    (1) Where EASA AD 2023-0057 refers to its effective date; this
AD requires using the effective date of this AD.
    (2) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0057.
    (3) Where EASA AD 2023-0057 defines ``the SB,'' for this AD,
operators must use Honeywell Service Bulletin GTCP331-49-7954, dated
December 19, 2007.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Additional Information

    For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone<PHONE_NUMBER>; email
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0057,
dated March 16, 2023.
    (ii) Honeywell Service Bulletin GTCP331-49-7954, dated December
19, 2007.
    (3) For EASA AD 2023-0057, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) For Honeywell service information identified in this AD,
contact Honeywell International, Inc., 111 South 34th Street,
Phoenix, AZ 85034; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
website: myaerospace.honeywell.com/wps/portal.
    (5) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 21, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-13574 Filed 6-26-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Rules and Regulations]
[Pages 74582-74583]
[FR Doc No: 2012-30327]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1

[Docket No FDA-2012-D-1003]

Small Entity Compliance Guide: What You Need To Know About
Registration of Food Facilities; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of an updated guidance for industry entitled ``What You
Need To Know About Registration of Food Facilities--Small Entity
Compliance Guide.'' FDA has prepared this guidance to restate the legal
requirements pertaining to registration of food facilities in the
Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the
FDA Food Safety Modernization Act (FSMA). Previously, this guidance
restated the legal requirements of FDA's food facility registration
regulation. This document also served as FDA's Small Entity Compliance
Guide for FDA's food facility registration regulation in accordance
with the Small Business Regulatory Enforcement Fairness Act. FDA is
revising this document to provide guidance intended to help any entity
comply with the requirements pertaining to registration of food

facilities in the FD&C Act, including the amendments made by FSMA. This
document continues to serve as FDA's Small Entity Compliance Guide for
FDA's food facility registration regulation. Further, this guidance is
intended to set forth in plain language the requirements for
registration of food facilities and help small businesses understand
the requirements.

DATES: December 17, 2012. Submit either electronic or written comments
on Agency guidances at any time.

ADDRESSES: Submit written requests for single copies of this guidance
to the Office of Compliance, Division of Field Programs and Guidance
(HFS-615), Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740. Send
one self-addressed adhesive label to assist that office in processing
your request. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance.
    Submit electronic comments on this guidance to http://www.regulations.gov. Submit written comments on this guidance to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Amy Barringer, Office of Compliance,
Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-
402-1988.

SUPPLEMENTARY INFORMATION:

I. Background

    The FDA Food Safety Modernization Act (FSMA), enacted on January 4,
2011, amended section 415 of the FD&C Act, in relevant part, to require
that facilities engaged in manufacturing, processing, packing, or
holding food for consumption in the United States submit additional
registration information to FDA, including an assurance that FDA will
be permitted to inspect the facility at the times and in the manner
permitted by the FD&C Act. Section 415 of the FD&C Act, as amended by
FSMA, also requires food facilities required to register with FDA to
renew such registrations every other year and provides FDA with
authority to suspend the registration of a food facility in certain
circumstances.
    FDA has prepared this guidance to restate the legal requirements in
section 415 of the FD&C Act. Previously, this guidance restated the
legal requirements of FDA's food facility registration regulation at 21
CFR part 1, Subpart H (Sec. Sec.  1.225 through 1.243), implementing
section 415 of the FD&C Act, as added by the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002. This guidance also
served as FDA's Small Entity Compliance Guide for 21 CFR part 1,
Subpart H in accordance with section 212 of the Small Business
Regulatory Enforcement Fairness Act (Pub. L. 104-121). Because section
415 of the FD&C Act was amended by section 102 of FSMA in 2011, FDA is
revising this document to provide guidance on section 415 of the FD&C
Act, as amended by FSMA. This updated guidance is intended to help any
entity comply with the requirements of section 415 of the FD&C Act,
including the amendments made by section 102 of FSMA. This document
continues to serve as FDA's Small Entity Compliance Guide for 21 CFR
Part 1, Subpart H.
    FDA is issuing this guidance consistent with FDA's good guidance
practices regulation (21 CFR 10.115) as level 1 guidance. Consistent
with FDA's good guidance practices regulation, the Agency will accept
comments, but it is implementing this guidance document immediately, in
accordance with 21 CFR 10.115(g)(2), because the Agency has determined
that prior public participation is not feasible or appropriate because
the updated guidance document is merely specifying the new requirements
of section 102 of FSMA, many of which are already in effect. This
guidance represents the Agency's current thinking on the registration
of food facilities. It does not create or confer any rights for or on
any person and does not operate to bind FDA or the public. An
alternative approach may be used if such approach satisfies the
requirements of the applicable statutes and regulations.

II. The Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations and section 415 of the FD&C Act.
These collections of information are subject to review by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3520). The collections of information in Sec. Sec.
1.230 through 1.235 and section 415 of the FD&C Act have been approved
under OMB control number 0910-0502.

III. Comments

    Interested persons may submit either written comments regarding
this document to the Division of Dockets Management (see ADDRESSES) or
electronic comments to http://www.regulations.gov. It is only necessary
to send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either  http://www.fda.gov/RegulatoryInformation/Guidances/default.htm
or http://www.regulations.gov. Always access an FDA guidance document
by using FDA's Web site listed previously to find the most current
version of the guidance.

    Dated: December 12, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-30327 Filed 12-14-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62142-62143]
[FR Doc No: 2016-21554]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0557]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Postmarket
Surveillance

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by October
11, 2016.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written

comments be faxed to the Office of Information and Regulatory Affairs,
OMB, Attn: FDA Desk Officer, FAX:<PHONE_NUMBER>, or emailed to
<EMAIL_ADDRESS>All comments should be identified with the
OMB control number 0910-0449. Also include the FDA docket number found
in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A63, 11601
Landsdown St., North Bethesda, MD 20852<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Postmarket Surveillance--21 CFR Part 822--OMB Control Number 0910-
0449--Extension

    Section 522 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360l) authorizes FDA to require a manufacturer to conduct postmarket
surveillance (PS) of any device that meets the criteria set forth in
the statute. The PS regulation establishes procedures that FDA uses to
approve and disapprove PS plans. The regulation provides instructions
to manufacturers so they know what information is required in a PS plan
submission. FDA reviews PS plan submissions in accordance with part 822
(21 CFR part 822) in Sec. Sec.  822.15 through 822.19 of the
regulation, which describe the grounds for approving or disapproving a
PS plan. In addition, the PS regulation provides instructions to
manufacturers to submit interim and final reports in accordance with
Sec.  822.38. Respondents to this collection of information are those
manufacturers who require postmarket surveillance of their products.
    In the Federal Register of April 28, 2016 (81 FR 25409), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
     Activity/21 CFR section         Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Postmarket surveillance                      131               1             131             120          15,720
 submission (Sec.  Sec.   822.9
 and 822.10)....................
Changes to PS plan after                      15               1              15              40             600
 approval (Sec.   822.21).......
Changes to PS plan for a device               80               1              80               8             640
 that is no longer marketed
 (Sec.   822.28)................
Waiver (Sec.   822.29)..........               1               1               1              40              40
Exemption request (Sec.                       16               1              16              40             640
 822.30)........................
Periodic reports (Sec.   822.38)             131               3             393              40          15,720
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          33,360
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Explanation of Reporting Burden Estimate: The burden captured in
table 1 of this document is based on the data from FDA's internal
tracking system. Sections 822.26, 822.27, and 822.34 do not constitute
information collection subject to review under the PRA because it
entails no burden other than that necessary to identify the respondent,
the date, the respondents address, and the nature of the instrument
(See 5 CFR 1320.3(h)(1)).

                               Table 2--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
     Activity/21 CFR section         Number of      records per    Total annual     burden per      Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
Manufacturer records (Sec.                   131               1             131              20           2,620
 822.31)........................
Investigator records (Sec.                   393               1             393               5           1,965
 822.32)........................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           4,585
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Explanation of Recordkeeping Burden Estimate: FDA expects that at
least some of the manufacturers will be able to satisfy the PS
requirement using information or data they already have. For purposes
of calculating burden, however, FDA has assumed that each PS order can
only be satisfied by a 3-year clinically based surveillance plan, using
three investigators. These estimates are based on FDA's knowledge and
experience with postmarket surveillance.

    Dated: September 1, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-21554 Filed 9-7-16; 8:45 am]
 BILLING CODE 4160-01-P


[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Notices]
[Page 14782]
[FR Doc No: 2013-05271]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-587-000.
    Applicants: Viking Gas Transmission Company.
    Description: Semi Annual FLRP--Spring 2013 to be effective 4/1/
2013.
    Filed Date: 2/27/13.
    Accession Number: 20130227-5019.
    Comments Due: 5 p.m. ET 3/11/13.

    Docket Numbers: RP13-588-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Negotiated Rate--Interstate Power to be effective 3/1/
2013.
    Filed Date: 2/27/13.
    Accession Number: 20130227-5062.
    Comments Due: 5 p.m. ET 3/11/13.

    Docket Numbers: RP13-589-000.
    Applicants: Northwest Pipeline GP.
    Description: Northwest Pipeline GP submits tariff filing per
154.204: 2013 Summer Fuel Factor Filing to be effective 4/1/2013.
    Filed Date: 2/27/13.
    Accession Number: 20130227-5067.
    Comments Due: 5 p.m. ET 3/11/13.

    Docket Numbers: RP13-590-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Trailblazer Pipeline Company LLC submits tariff filing
per 154.204: Housekeeping to incorporate gas quality into Baseline to
be effective 3/1/2013.
    Filed Date: 2/27/13.
    Accession Number: 20130227-5068.
    Comments Due: 5 p.m. ET 3/11/13.

    Docket Numbers: RP13-591-000.
    Applicants: ANR Pipeline Company.
    Description: Fuel Filing 2013 to be effective 4/1/2013.
    Filed Date: 2/27/13.
    Accession Number: 20130227-5092.
    Comments Due: 5 p.m. ET 3/11/13.

    Docket Numbers: RP13-592-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Negotiated Rates--Eminence Enhancement--Revise
Contract Quantities to be effective 2/28/2013.
    Filed Date: 2/27/13.
    Accession Number: 20130227-5102.
    Comments Due: 5 p.m. ET 3/11/13.

    Docket Numbers: RP13-593-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Imbalance Resolution 2013 to be effective 4/1/2013.
    Filed Date: 2/28/13.
    Accession Number: 20130228-5045.
    Comments Due: 5 p.m. ET 3/12/13.

    Docket Numbers: RP13-594-000.
    Applicants: Dominion Transmission, Inc.
    Description: DTI--February 28, 2013 Negotiated Rate Agreements to
be effective 3/1/2013.
    Filed Date: 2/28/13.
    Accession Number: 20130228-5046.
    Comments Due: 5 p.m. ET 3/12/13.

    Docket Numbers: RP13-595-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: Amendment to Neg Rate Agmt (Sequent 34693-14) to be
effective 2/28/2013.
    Filed Date: 2/28/13.
    Accession Number: 20130228-5053.
    Comments Due: 5 p.m. ET 3/12/13.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP13-47-002.
    Applicants: WBI Energy Transmission, Inc.
    Description: NAESB 2.0 Compliance Filing Regarding Removal of EDI/
EDM Suspension to be effective 2/27/2013.
    Filed Date: 2/27/13.
    Accession Number: 20130227-5021.
    Comments Due: 5 p.m. ET 3/11/13.
    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: February 28, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-05271 Filed 3-6-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Notices]
[Pages 57102-57103]
[FR Doc No: 2012-22808]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2008-0010]

Board of Visitors for the National Fire Academy

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Committee Management; Notice of Open Federal Advisory Committee
Meeting.

-----------------------------------------------------------------------

SUMMARY: The Board of Visitors for the National Fire Academy (Board)
will meet on October 5 and 6, 2012. The meeting will be open to the
public.

DATES: The meeting will take place Friday, October 5, 2012, from 8:30
a.m. to 5:00 p.m. EST and Saturday, October 6, 2012, from 9:00 a.m. to
1:30 p.m. EST. Please note that the meeting may close early if the
Board has completed its business.

ADDRESSES: The meeting will be held at the National Emergency Training
Center, Building H, Room 300, Emmitsburg, Maryland. Members of the
public who wish to obtain details on how to gain access to the facility
and directions may contact Ruth MacPhail as listed in the FOR FURTHER
INFORMATION CONTACT section by close of business September 27, 2012. A
picture identification is needed for access. Members of the public may
also participate by teleconference and may contact Ruth MacPhail to
obtain the call-in number and access code. For information on services
for individuals with disabilities or to request special assistance,
contact Ruth MacPhail as soon as possible.
    To facilitate public participation, we are inviting public comment
on the issues to be considered by the Board as listed in the
SUPPLEMENTARY INFORMATION section. Comments must be submitted in
writing no later than September 27, 2012, and must be identified by
docket ID FEMA-2008-0010 and may be submitted by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Mail/Hand Delivery: Ruth MacPhail, 16825 South Seton
Avenue, Emmitsburg, Maryland 21727.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and the docket ID for this action.
Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.
    Docket: For access to the docket to read background documents or
comments received by the Board, go to http://www.regulations.gov.
    Public comments will be requested prior to deliberation of each
agenda item. Speakers will be afforded 5 minutes to make comments.
Contact Ruth MacPhail to register as a speaker.

FOR FURTHER INFORMATION CONTACT: Ruth MacPhail, 16825 South Seton
Avenue, Emmitsburg, Maryland 21727, telephone<PHONE_NUMBER>, fax (301)
447-1173, and email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463).

Purpose of the Board

    The purpose of the Board is to review annually the programs of the
National Fire Academy (Academy) and advise the Administrator of the
Federal Emergency Management Agency (FEMA), through the United States
Fire Administrator, regarding the operation of the Academy and any
improvements therein that the Board deems appropriate. The Board makes
interim advisories to the Administrator of FEMA, through the United
States Fire Administrator, whenever there is an indicated urgency to do
so in fulfilling its duties. In carrying out its responsibilities, the
Board examines Academy programs to determine whether these programs
further the basic missions which are approved by the Administrator of
FEMA, examines the physical plant of the Academy to determine the
adequacy of the Academy's facilities, and examines the funding levels
for Academy programs. The Board submits an annual report through the
United States Fire Administrator to the Administrator of FEMA, in
writing. The report provides detailed comments and recommendations
regarding the operation of the Academy.

Agenda

    On the first day of the meeting, the Board will select a
Chairperson and Vice Chairperson for fiscal year (FY) 2013, and will
review and approve the minutes of the July 26, 2012 meeting.

The Board will attend Annual Ethics Training provided by FEMA's Office
of Chief Counsel. The Board will discuss deferred maintenance and
capital improvements on the National Emergency Training Center (NETC)
campus, to include FY 2013 Budget Planning. The Board will review
Academy program activities including mediated instructor-led Online
Course Pilot update, new National Fire Academy (NFA) Online courses,
Executive Fire Officer Program Prerequisites/Accreditation update,
curriculum assessment status report, anticipated FY 2013 curriculum
developments, and changes in the State training system.
    The Board will also review the status of the Fire and Emergency
Services Higher Education (FESHE) Institutional Recognition and
Certificate Program and the progress of Training Resources And Data
Exchange (TRADE)/FESHE Adobe Connect electronic meetings, the future of
the Degrees at a Distance Program (DDP) and how changes in the DDP
Program will further the NFA goal of standardizing fire science and
emergency services undergraduate degree programs.
    The public will have an opportunity to comment on these issues
prior to deliberation and final action by the Board. After
deliberation, the Board will recommend actions to the Superintendent of
the National Fire Academy and the Administrator of FEMA.
    On the second day of the meeting, the Board will engage in an
annual report working session. There will be no public comment period
on the second day.

    Dated: September 11, 2012.
Denis G. Onieal,
Superintendent, National Fire Academy, United States Fire
Administration, Federal Emergency Management Agency.
[FR Doc. 2012-22808 Filed 9-14-12; 8:45 am]
BILLING CODE 9111-45-P


            Emergency ICR Request for OMB Control Number 2050-0202
                            (EPA ICR Number 2310.05)

      Emergency Amendment to the Information Collection for Revisions to The RCRA Definition of Solid Waste (Final Rule) OMB Control No. 2050-0202, EPA ICR No. 2310.05.

Statutory Authority
Sections 2002, 3001, 3002, 3003, 3004, 3006, 3010, and 3017 of the Solid Waste Disposal Act of 1965, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA).

Justification and background for this emergency ICR
In 2015, EPA issued a final rule that revised the RCRA Definition of Solid Waste. In that rule, EPA replaced the 2008 transfer-based exclusion found at 40 CFR 261.4(a)(24) and (25) with the verified recycler exclusion, found at 40 CFR 261.4(a)(24). The goal of the 2008 and 2015 rules was to exempt hazardous secondary materials sent to off-site recycling facilities from the definition of solid waste when certain conditions were met. These conditions included recordkeeping and reporting requirements.   EPA also revised the definition of legitimate recycling found at 40 CFR 260.43, which was originally promulgated in 2008. In the 2008 and 2015 versions of the regulation, the legitimacy provision was designed to distinguish between real recycling activities -- legitimate recycling -- and sham recycling, an activity undertaken by an entity to avoid the requirements of managing a hazardous secondary material as a hazardous waste.

On July 7, 2017 and amended on March 6, 2018  the United States Court of Appeals for the District of Columbia Circuit: (1) vacated the 2015 verified recycler exclusion for hazardous waste that is recycled off-site (except for certain provisions); (2) reinstated the transfer-based exclusion from the 2008 rule to replace the now-vacated 2015 verified recycler exclusion; (3) upheld the containment and emergency preparedness provisions and the eligibility of spent petroleum catalysts for the reinstated transfer-based exclusion; (4) vacated factor 4 of the 2015 definition of legitimate recycling in its entirety; and (5) reinstated the 2008 version of factor 4 to replace the now-vacated 2015 version of factor 4.

The court issued the mandate for its decision on March 14, 2018, at which point the orders became effective. As a result, some of the recordkeeping and reporting requirements under this ICR no longer apply, while other requirements that had previously applied were reinstated.

Burden Changes

The changes to the regulations due to the vacatur are expected to affect a total of 105 facilities, resulting in a total net burden reduction of 2,122 hours and $26,132.21 per year, as described below.

Replacement of the 2015 Factor 4 in the definition of legitimate recycling with the 2008 Factor 4
   * Due to the vacatur of the 2015 Factor 4, facilities will no longer have to document legitimacy when Factor 4 is not met or submit notification.

   * These changes are expected to affect 25 facilities, resulting in a total burden reduction of 257.75 hours and $49,895.02 per year.

Replacement of the verified recycler exclusion with the modified transfer-based exclusion at 40 CFR 261.4(a)(24)
   * Due to the vacatur of the verified recycler exclusion, facilities that do not have a permit will not be required to obtain a variance.

   * Due to the reinstatement of the transfer-based exclusion, generators that send their hazardous secondary materials to facilities that do not have a permit would be required to conduct a "reasonable efforts" environmental audit of the receiving facilities.

   * These changes are expected to affect 36 generators and 9 reclamation facilities, resulting in a total burden reduction of 1,988.50 hours and a cost increase of $15,509.46 per year.
 Reinstatement of the export provisions for the transfer-based exclusion at 40 CFR 261.4(a)(25)
   * Due to the reinstatement of the transfer-based exclusion at 40 CFR, generators will now be able to export their hazardous secondary materials under the transfer-based exclusion if they provide notice and obtain consent of the receiving country, and file an annual report.

   * These changes are expected to affect 35 exporters, resulting in a total burden increase of 123 hours and $8,253.35 per year.


[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Pages 78460-78462]
[FR Doc No: 2013-30761]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71140; File No. SR-BATS-2013-063]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

December 19, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 9, 2013, BATS Exchange, Inc. (the

``Exchange'' or ``BATS'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Exchange has designated the proposed rule change as one
establishing or changing a member due, fee, or other charge imposed by
the Exchange under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-
4(f)(2) thereunder,\4\ which renders the proposed rule change effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to BATS Rules
15.1(a) and (c). Changes to the fee schedule pursuant to this proposal
are effective upon filing.
---------------------------------------------------------------------------

    \5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, 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 parts 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 modify the ``Equities
Pricing'' section of its fee schedule effective December 9, 2013, in
order to temporarily amend the way that the Exchange calculates rebates
for adding liquidity to the Exchange. Specifically, the Exchange is
proposing to exclude odd lot executions from the calculation of average
daily TCV, as defined below, as it relates to ``Equities Pricing''
until February 1, 2014.
    The Exchange currently offers a tiered structure for determining
the rebates that Members receive for executions that add liquidity to
the Exchange. Under the tiered pricing structure, the Exchange provides
different rebates to Members based on a Member's ADAV or ADV \6\ as a
percentage of average daily TCV,\7\ as well as a possible additional
rebate where a Member's order sets or joins the NBBO and that Member
meets or exceeds a certain threshold of ADAV or ADV as a percentage of
average daily TCV. The Exchange notes that it is not proposing to
modify any of the existing rebates or the percentage thresholds at
which a Member may qualify for certain rebates. Rather, as mentioned
above, the Exchange is proposing to modify the ``Equities Pricing''
section of its fee schedule in order to temporarily exclude odd lot
executions from the calculation of average daily TCV.
---------------------------------------------------------------------------

    \6\ As provided in the ``Equities Pricing'' section of the fee
schedule, ``ADAV'' means average daily added volume calculated as
the number of shares added and ``ADV'' means average daily volume
calculated as the number of shares added or removed, combined, per
day. ADAV and ADV are calculated on a monthly basis, excluding
shares added or removed on any day that trading is not available on
the Exchange for more than 60 minutes during regular trading hours
but continues on other markets during such time (``Exchange
Outage'') and on the last Friday in June (the ``Russell
Reconstitution Day''). Routed shares are not included in ADAV or ADV
calculation. With prior notice to the Exchange, a Member may
aggregate ADAV or ADV with other Members that control, are
controlled by, or are under common control with such Member (as
evidenced on such Member's Form BD).
    \7\ As provided in the ``Equities Pricing'' section of the fee
schedule, ``TCV'' means total consolidated volume calculated as the
volume reported by all exchanges and trade reporting facilities to a
consolidated transaction reporting plan for the month for which the
fees apply, excluding any day that the Exchange experiences an
Exchange Outage and the Russell Reconstitution Day.
---------------------------------------------------------------------------

    The Exchange is proposing to exclude odd lot executions from the
calculation of average daily TCV through January 31, 2014 because
recent amendments to the Consolidated Tape Association and NASDAQ UTP
Plans \8\ require that odd lots be reported to the consolidated tape.
Beginning on December 9, 2013, exchanges and trade reporting facilities
are required to report odd lot executions to the consolidated
transaction reporting plan and, as currently defined, odd lots would be
included in the calculation of TCV. As such, the Exchange is proposing
to amend the definition of TCV in order to exclude odd lots from the
calculation of TCV until January 31, 2014. When calculating ADAV or ADV
as a percentage of TCV, the Exchange has historically included odd lots
in the Member's ADV and ADAV, but excluded them from TCV since they
have not been included in the trades reported to consolidated
transaction reporting plans. Accordingly, the proposal intends to
exclude odd lots from TCV for the first two billing cycles in which odd
lots are reported to the consolidated transaction reporting plans in
order to create a period during which odd lot reporting behavior can be
observed without affecting the rebates for which a Member will qualify.
The Exchange believes that excluding such odd lots will help to
eliminate uncertainty faced by Members as to their monthly ADAV or ADV
as a percentage of average daily TCV because of the additional reported
volume and the rebates that this percentage will qualify for, providing
Members with an increased certainty as to their monthly cost for trades
executed on the Exchange. Further, excluding such odd lots through
January 31, 2014 will allow the Exchange to evaluate the impact that
odd lot orders would have on Member rebates.
---------------------------------------------------------------------------

    \8\ Securities Exchange Act Release No. 70794 (October 31,
2013), 78 FR 66789 (November 6, 2013) (SR-CTA-2013-05); Securities
Exchange Act Release No. 70793 (October 31, 2013), 78 FR 66788
(November 6, 2013) (File No. S7-24-89).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\9\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\10\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee structures at a
particular venue to be unreasonable and/or excessive.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    With respect to the proposed changes to the tiered pricing
structure for adding liquidity to the Exchange, the Exchange believes
that its proposal is reasonable because, as explained above, it will
help provide Members with a greater level of certainty as to their
level of rebates for

December and January. The Exchange also believes that its proposal is
reasonable because it is not changing the thresholds to become eligible
or the dollar value associated with the rebates and, moreover, by
continuing to exclude odd lots from the calculation of average daily
TCV, Members will be more likely to meet the minimum or higher tier
thresholds for December and January, which will provide additional
incentive to Members to increase their participation on the Exchange in
order to meet the next tier. In addition, the Exchange believes that
the proposed changes to fees are equitably allocated among Exchange
constituents as the methodology for calculating ADV and TCV will apply
equally to all Members.
    Volume-based tiers such as the liquidity adding tiers maintained by
the Exchange have been widely adopted in the equities markets, and are
equitable and not unfairly discriminatory because they are open to all
members on an equal basis and provide rebates that are reasonably
related to the value to an exchange's market quality associated with
higher levels of market activity, such as higher levels of liquidity
provision and introduction of higher volumes of orders into the price
and volume discovery process. Accordingly, the Exchange believes that
the proposal is equitably allocated and not unfairly discriminatory
because it is consistent with the overall goals of enhancing market
quality.

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 not necessary or appropriate in
furtherance of the purposes of the Act. The proposed changes will help
the Exchange to continue to incentivize higher levels of liquidity at a
tighter spread while providing more stable and predictable costs to its
Members. As stated above, the Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee structures to be
unreasonable or excessive.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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) of the Act \11\ and paragraph (f) of Rule 19b-4
thereunder.\12\ 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 public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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 email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2013-063 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-BATS-2013-063. This file
number should be included on the subject line if email 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 Web site 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
10:00 a.m. and 3:00 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 available publicly. All
submissions should refer to File Number SR-BATS-2013-063 and should be
submitted on or before January 16, 2014.
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-30761 Filed 12-24-13; 8:45 am]
BILLING CODE 8011-01-P