[Federal Register Volume 87, Number 148 (Wednesday, August 3, 2022)]
[Proposed Rules]
[Pages 47381-47383]
[FR Doc No: 2022-16623]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 87, No. 148 / Wednesday, August 3, 2022 /
Proposed Rules

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0354]
RIN 1625-AA00

Safety Zone; Mystic River, Mystic, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to eastablish a temporary safety
zone on the Mystic River for the Mystic Seaport Bridge 100th
Anniversary Fireworks Display. This action is necessary to provide for
the safety of life on the navigable waters in the vicinity of the
Mystic Bascule Bridge during a fireworks display on October 15, 2022
enforced from 8:15 until 9 p.m. This proposed rulemaking would prohibit
persons and vessels from being in the safety zone unless authorized by
the Captain of the Port Long Island Sound or a designated
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before September 2, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0354 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Marine Science Technician 3rd Class
Ashley Dodd, Waterways Management Division, Sector Long Island Sound;
Tele:<PHONE_NUMBER>; Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On March 16, 2022, the Mystic Chamber of Commerce notified the
Coast Guard that it will be conducting a fireworks display from 8:15 to
9 p.m. on October 15, 2022, with a rain date on October 16, 2022 to
commemorate the Mystic Seasport Bridge 100th Anniversary. The fireworks
are to be launched from a barge in the Mystic River approximately 200
yards west of the Mystic River Boathouse Park, Mystic, CT. Hazards from
fireworks displays include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The Captain of the
Sector Long Island Sound (COTP) has determined that potential hazards
associated with the fireworks to be used in this display would be a
safety concern for anyone within a 200-yard radius of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 200-yard radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).]

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 7:45 to 9:30
p.m. on October 15, 2022 with a rain date scheduled for October 16,
2022. The safety zone would cover all navigable waters within 200 yards
of a barge in the Mystic River located approximately 200 yards west of
the Mystic River Boathouse Park, Mystic, CT. The duration of the zone
is intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 8:15 to 9 p.m. fireworks
display. All persons or vessels would be prohibited from entering the
safety zone without permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. Due to the size of the fall-
out zone, vessel traffic will be impeded throughout the duration of the
fireworks display.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting one hour and 45 minutes that would prohibit entry within
200 yards of a fireworks barge. Normally such actions are categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2022-0354 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T151-0354 to read as follows:

Sec.  165.T151-0354   Safety Zone; Mystic River, Mystic, CT.

    (a) Location. The following area is a safety zone: All waters
within a 200 yard radius of the fireworks barge located at
41[deg]21'54'' N, 71[deg]57'59'' W.
    (b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's

representative by<PHONE_NUMBER>. Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
    (c) Enforcement period. This section will be enforced from 7:45
p.m. to 9:30 p.m. on October 15, 2022 with a rain date scheduled on
October 16, 2022.

    Dated: July 21, 2022.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2022-16623 Filed 8-2-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Notices]
[Page 40804-40805]
[DOCID:fr14jy10-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13591-000]

McGinnis, Inc.; Notice of Preliminary Permit Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Competing
Applications

July 6, 2010.
    On September 29, 2009, McGinnis, Inc. filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Kentucky Hydrokinetic
Project, to be located on the Tennessee River downstream of the
Tennessee Valley Authority (TVA) and the Corps of Engineers' (COE)
existing Kentucky Lock & Dam in Marshall and Livingston County,
Kentucky. The sole purpose of a preliminary permit, if issued, is to
grant the permit holder priority to file a license application during
the permit term. A preliminary permit does not authorize the permit
holder to perform any land disturbing activities or otherwise enter
upon lands or waters owned by others without the owners' express
permission.
    The proposed Kentucky Hydrokinetic Project consists of: (1) 10
proposed 35 kilowatt axial flow turbine generating units having a total
installed capacity of 350 kilowatts; (2) a 700-foot-long, 13.2 kilovolt
transmission line; and (3) appurtenant facilities. The proposed
Kentucky Hydrokinetic Project would have an average annual generation
of 1.533 gigawatt-hours.
    Applicant Contact: Bruce McGinnis, Sr., CEO, McGinnis, Inc., 502
Second Street Ext., South Point, OH 45680; phone:<PHONE_NUMBER>.

    FERC Contact: Kim Carter,<PHONE_NUMBER>.
    Deadline for filing comments or motions to intervene: 60 days from
the issuance of this notice. Comments and motions to intervene may be
filed electronically via the internet. See 18 CFR 385.2001(a)(1)(iii)
and the instructions on the Commission's Web site (http://www.ferc.gov/
docs-filing/ferconline.asp) under the ``eFiling'' link. For a simpler
method of submitting text only comments, click on ``Quick Comment.''
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>call toll-free at<PHONE_NUMBER>; or, for
TTY, contact<PHONE_NUMBER>. Although the Commission strongly
encourages electronic filing, documents may also be paper-filed. To
paper-file, mail an original and eight copies to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13591) in the docket number field to access
the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-17096 Filed 7-13-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Notices]
[Page 32432]
[FR Doc No: 2015-13882]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2015-36]

Petition for Exemption; Summary of Petition Received; California
Shock Trauma Air Rescue

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14 of the Code of Federal
Regulations. The purpose of this notice is to improve the public's
awareness of, and participation in, the FAA's exemption process.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before June 29, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-1868
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Keira Jones<PHONE_NUMBER>, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on June 2, 2015.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2015-1868.
    Petitioner: California Shock Trauma Air Rescue.
    Section(s) of 14 CFR Affected: Sec.  135.611.
    Description of Relief Sought: California Shock Trauma Air Rescue
seeks relief to perform instrument flight rules (IFR) departures and
IFR instrument approach procedures (IAP) at airports and/or heliports
that do not have an approved weather reporting source, without airborne
radar or thunderstorm detection equipment installed on its aircraft.

[FR Doc. 2015-13882 Filed 6-5-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Notices]
[Pages 35980-35981]
[FR Doc No: 2017-16247]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2017-0109]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0030

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0030,
Oil and Hazardous Materials Transfer Procedures without change. Our ICR
describes the information we seek to collect from the public. Before
submitting this ICR to OIRA, the Coast Guard is inviting comments as
described below.

DATES: Comments must reach the Coast Guard on or before October 2,
2017.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2017-0109] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION: Contact Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995;

44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA
seeking the approval, extension, or renewal of a Coast Guard collection
of information (Collection). The ICR contains information describing
the Collection's purpose, the Collection's likely burden on the
affected public, an explanation of the necessity of the Collection, and
other important information describing the Collection. There is one ICR
for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek an
extension of approval for the Collection. We will consider all comments
and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2017-0109], and
must be received by October 2, 2017.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Oil and Hazardous Materials Transfer Procedures.
    OMB Control Number: 1625-0030.
    Summary: Vessels with a cargo capacity of 250 barrels or more of
oil or hazardous materials must develop and maintain transfer
procedures. Transfer procedures provide basic safety information for
operating transfer systems with the goal of pollution prevention.
    Need: Title 33 U.S.C. 1231 authorizes the Coast Guard to prescribe
regulations related to the prevention of pollution. Title 33 CFR part
155 prescribes pollution prevention regulations including those related
to transfer procedures.
    Forms: Not applicable.
    Respondents: Operators of certain vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has decreased from 160
hours to 149 hours a year due to a decrease in the estimated annual
number of responses.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: July 18, 2017.
Marilyn Scott-Perez,
Chief, U.S. Coast Guard, Office of Information Management.
[FR Doc. 2017-16247 Filed 8-1-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Notices]
[Pages 67695-67699]
[FR Doc No: 2012-27492]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68166; File No. SR-EDGX-2012-46]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Amendments to the EDGX Exchange, Inc. Fee Schedule

November 6, 2012.
    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 November 1, 2012, EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') 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 self-regulatory
organization. The

Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its fees and rebates applicable to
Members \3\ of the Exchange pursuant to EDGX Rule 15.1(a) and (c). All
of the changes described herein are applicable to EDGX Members. The
text of the proposed rule change is available on the Exchange's
Internet Web site at www.directedge.com, at the Exchange's principal
office, and at the Public Reference Room of the Commission.
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    \3\ As defined in Exchange Rule 1.5(n).
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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 self-regulatory organization
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 self-regulatory organization
has prepared summaries, set forth in sections A, B and C below, of the
most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to add the Step-up Take Tier to the
Exchange's fee schedule in Footnote 2. A Member will qualify for the
Step-up Take Tier by (i) adding an average daily volume (``ADV'') of at
least 2 million shares on a daily basis, measured monthly more than
that Member's September 2012 added ADV (the ``September Added
Baseline''); and (ii) removing at least 0.40% total consolidated volume
(``TCV'') on a daily basis, measured monthly more than that Member's
September 2012 removed ADV (the ``September Removal Baseline'').
Members qualifying for the Step-up Take Tier will earn a rebate of
$0.0030 per share for orders that add liquidity and yield Flags B, V,
Y, 3 and 4, and will be assessed a fee of $0.0028 per share for orders
that remove liquidity and yield Flags N, W, BB, PI, and 6.\4\
Accordingly, the Exchange proposes to append Footnote 2 to the default
rates for adding and removing liquidity on the fee schedule, and Flags
B, V, Y, 3, 4, N, W, BB, PI, and 6. The Exchange believes the Step-Up
Take Tier will encourage large market participants, who are not
currently large takers, to grow their take volume over an established
baseline in order to achieve the tier.
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    \4\ The Exchange notes that to the extent Members qualify for a
rebate higher than $0.0030 per share through other volume tiers,
such as the Mega Tier, Market Depth Tier or the Ultra Tier, they
will earn the higher rebate on the add flags instead of the Step-up
Take Tier. In addition, such Members will still qualify for the
reduced charge of $0.0028 per share for the removal flags.
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    In Footnote 8 of the fee schedule that is appended to Flag SW., the
Exchange proposes to assess a fee of $0.0025 per share in lieu of the
current fee of $0.0023 per share for Members' orders that are routed
using the SWPA, SWPB or SWPC routing strategies \5\ and remove
liquidity from the New York Stock Exchange (``NYSE''), yielding Flag D.
This proposed change represents a pass-through of the rate that Direct
Edge ECN LLC d/b/a DE Route (``DE Route''), the Exchange's affiliated
routing broker dealer, is charged for routing orders to NYSE, in
response to the pricing changes in NYSE's filing with the Securities
and Exchange Commission (``SEC'').\6\ Accordingly, the Exchange
proposes to delete the reference to the fee of $0.0023 per share in
Footnote 8 because the rate for Flag D is $0.0025 per share. Therefore,
the Exchange will assess a charge of $0.0025 for Members' orders that
are routed using the SWPA, SWPB or SWPC routing strategies and remove
liquidity from NYSE, yielding Flag D. In addition, the Exchange
proposes deleting the reference to ``either'' in the text of Footnote 8
given it is grammatically incorrect. The Exchange notes that its
proposed deletion does not alter the intended purpose of the footnote.
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    \5\ As defined in Exchange Rules 11.9(b)(3)(o), (p) and (q).
    \6\ See Securities Exchange Release No. 68021 (October 9, 2012),
77 FR 63406 (October 16, 2012) (SR-NYSE-2012-50).
---------------------------------------------------------------------------

    In Footnote 3 of the fee schedule that is appended to Flags C, D,
J, L and 2, the Exchange proposes to assess a fee of 0.30% of the
dollar value of the transaction in lieu of the current fee of $0.0023
per share for stocks priced below $1.00 that are routed or re-routed to
NYSE and remove liquidity, yielding Flag D.\7\ This proposed change now
represents a pass-through of the rate that DE Route is charged for
routing orders to NYSE that remove liquidity.\8\
---------------------------------------------------------------------------

    \7\ The Exchange does not propose to amend the rates for stocks
priced below $1.00 that are routed to Nasdaq OMX BX (``BX'') or
NASDAQ, yielding Flags C, J, L and 2, as described in Footnote 3 of
the fee schedule.
    \8\ Prior to March 1, 2012, the NYSE Price List generally
specified that the applicable rate was the lesser of (i) 0.3% of the
total dollar value of the transaction and (ii) $0.0023 per share.
See Securities Exchange Act Release No. 66600, (March 14, 2012), 77
FR 16298 (March 20, 2012) (SR-NYSE-2012-07). Effective March 1,
2012, the rate for these transactions with a per-share price of less
than $1.00 is now 0.3% of the total dollar value of the transaction.
---------------------------------------------------------------------------

    On Flag RS, the Exchange proposes to offer a rebate of $0.0026 per
share \9\ in lieu of the current rebate of $0.0016 per share for orders
that are routed to the Nasdaq OMX PSX (``PSX'') and add liquidity. This
proposed change represents a pass-through of the rebate that DE Route
receives for routing orders to PSX, in response to recent pricing
changes in PSX's filing with the SEC.\10\
---------------------------------------------------------------------------

    \9\ The Exchange notes that it is passing through the standard
rebate of $0.0026 per share even though it possibly can achieve a
tiered rebate of $0.0028 per share if it meets certain criteria.
    \10\ See Securities Exchange Release No. 68052 (October 12,
2012), 77 FR 64170 (October 18, 2012) (SR-PHLX-2012-119).
---------------------------------------------------------------------------

    Currently, the Exchange charges Members a rate of $0.0027 per share
for orders that are routed to PSX using the ROUC or ROUE routing
strategies,\11\ yielding Flag K. The Exchange proposes to increase the
rate to $0.0028 per share for orders that yield Flag K in response to
recent pricing changes in PSX's filing with the SEC.\12\
---------------------------------------------------------------------------

    \11\ As defined in Exchange Rules 11.9(b)(3)(a) and (c).
    \12\ See Securities Exchange Release No. 68052 (October 12,
2012), 77 FR 64170 (October 18, 2012) (SR-PHLX-2012-119).
---------------------------------------------------------------------------

    The Exchange proposes adding the title ``EdgeBook Depth Fees'' to
the fee schedule describing the fees for the EdgeBook Depth X to
increase the transparency of the fee schedule for Members.
    The Exchange also proposes deleting the dollar sign ($) on the fee
table next to the fees on Flags N, W, 6, BB and PI. The Exchange
regards this change as non-substantive in nature and is intended to
conform to the other rates displayed on the fee table.
    The Exchange proposes to implement these amendments to its fee
schedule on November 1, 2012.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Securities and Exchange Act of
1934 (the ``Act''),\13\ in general, and furthers the objectives of
Section 6(b)(4),\14\ in particular, as it is designed to provide for
the equitable allocation of reasonable dues, fees and other charges
among its

Members and other persons using its facilities.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed Step-up Take Tier is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The requirements of the Step-up Take Tier to add ADV of at
least 2 million shares (on a daily basis, measured monthly) more than
the Member's September Added Baseline and to remove at least 0.40% TCV
(on a daily basis, measured monthly) more than the Member's September
Removal Baseline incentivizes substantial take volume from Members that
generally add and remove volume from the Exchange by offering Members
an increased add rebate of $0.0030 per share and a discounted removal
rate of $0.0028 per share. The Exchange also believes that establishing
Member's September Added Baseline and September Removal Baselines
rewards liquidity provision attributes, encourages price discovery and
market transparency by encouraging growth in liquidity over a defined
baseline. The Exchange believes the Step-Up Take Tier will also
encourage large market participants, who are not currently large
takers, to grow their take volume over an established baseline in order
to achieve the tier. In addition, the Exchange believes that these
proposed amendments are non-discriminatory because they apply uniformly
to all Members.
    The Exchange believes the Step-up Take Tier will increase volume on
the Exchange. Therefore, the Exchange can increase the add rebate from
$0.0023 per share to $0.0030 per share and discount the removal rate
from $0.0030 per share to $0.0028 per share. The increased volume
increases potential revenue to the Exchange, and allows the Exchange to
spread its administrative and infrastructure costs over a greater
number of shares, leading to lower per share costs. These lower per
share costs in turn would allow the Exchange to pass on the savings to
Members in the form of higher rebates and lower fees. The increased
liquidity benefits all investors by deepening EDGX's liquidity pool,
offering additional flexibility for all investors to enjoy cost
savings, supporting the quality of price discovery, promoting market
transparency and improving investor protection. Volume-based rebates
such as the one proposed herein have been widely adopted in the cash
equities markets, and are equitable because they are open to all
Members on an equal basis and provide discounts 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 processes.
    The Step-Up Take Tier represents an equitable allocation of
reasonable dues, fees, and other charges. First, the Step-Up Take Tier
allows the Exchange to compete with other exchanges such as NASDAQ,
NYSE ARCA and BATS BZX in offering a discounted removal rate that is
designed to incent fee sensitive liquidity takers to EDGX if they are
willing to increase or grow their volume over an established baseline.
This incentive recognizes that liquidity takers often have different
trading strategies and types of order flow that they typically handle--
such as market orders, marketable limit orders, or proprietary removal
strategies. Thus, when multiple exchanges are quoting at the same price
level, the Exchange believes that certain liquidity takers that are
incented to achieve the Step-Up Take Tier would be attracted to EDGX
first. In turn, this would lead to increased price discovery on EDGX,
result in additional prints on the Tape, and would have the effect of
bringing additional liquidity providers to the exchange, thus
bolstering its standing and value as a market. Since the Step-Up Take
Tier offers lower removal fees for Members and fosters competition
among exchanges, it could translate into costs savings for all market
participants and their end customers. The Exchange also believes that
the $0.0028 per share removal rate makes EDGX a more attractive venue
to take liquidity from, which brings a higher quality of order flow to
the EDGX Exchange and supports price discovery on EDGX. Finally, the
Exchange believes that the Step-Up Take Tier will also help it to grow
its market share as new takers who are incentivized to achieve the
Step-Up Take Tier would send additional volume to the Exchange or
remove additional shares from the Exchange in future trading
opportunities. In addition, the Exchange believes that the proposed
Step-Up Take Tier is non-discriminatory because it applies the same
criteria uniformly to all Members.
    In addition, the criteria for the Step-up Take Tier is also
reasonable as compared to similar pricing mechanisms employed by NYSE
Arca,\15\ where NYSE Arca offers customers step-up tiers for Tape B and
C securities that discount the default removal rate of $0.0030 per
share when a baseline ADV is achieved. The Tape B Step Up Tier requires
customers to add in excess of the greater of (i) 0.25% of US Tape B ADV
over a January 2012 benchmark or (ii) 20% more than their January 2012
benchmark to earn a discounted removal rate of $0.0026 per share. In
addition, the Tape C Step Up Tier requires customers to add in excess
of the greater of (i) 0.10% of US Tape C ADV over a January 2012
benchmark or (ii) 20% more than their January 2012 benchmark plus 20%to
earn a discounted removal rate of $0.0029 per share. The Exchange's
discounted removal rate from $0.0030 per share to $0.0028 per share for
Members that achieve the Step-up Take Tier is also reasonable because
it is within the range of discounts offered by NYSE Arca, where the
default removal rate is $0.0030 per share and customers that qualify
for the step-up earn discounts of $0.0026 per share or $0.0029 per
share.
---------------------------------------------------------------------------

    \15\ See NYSE Arca Equities Trading Fees, http://usequities.nyx.com/markets/nyse-arca-equities/trading-fees. See also
Securities Exchange Release No. 66568 (March 9, 2012), 77 FR 15819
(March 16, 2012) (SR-NYSEARCA-2012-17).
---------------------------------------------------------------------------

    The proposed rate change in Footnote 8 associated with routing
orders to NYSE through DE Route on the Exchange's fee schedule is a
pass-through rate from DE Route to the Exchange and from the Exchange,
in turn, to its Members. The Exchange's proposal represents an
equitable allocation of reasonable dues, fees, and other charges among
Members of the Exchange and other persons using its facilities because
the Exchange does not levy additional fees or offer additional rebates
for orders that it routes to NYSE through DE Route. The Exchange notes
that routing through DE Route is voluntary. Currently, in Footnote 8,
for orders yielding Flag D that use the SWPA, SWPB, or SWPC routing
strategies and remove liquidity from NYSE, NYSE charged DE Route a fee
of $0.0023 per share, which, in turn, was passed through to the
Exchange. The Exchange, in turn, charged its Members a fee of $0.0023
per share as a pass-through. On October 1, 2012, NYSE increased the
rate it charges its customers, such as DE Route, from $0.0023 per share
to a charge of $0.0025 per share for orders that are routed or re-
routed to NYSE and remove liquidity. Therefore, the Exchange believes
that the proposed change in Footnote 8 from a fee of $0.0023 per share
to a fee of $0.0025 per share is equitable and reasonable because it
accounts for the pricing changes on NYSE. In addition, the proposal
allows the Exchange to continue to charge its Members a pass-through
rate for orders that are routed or re-routed to NYSE and remove
liquidity using DE Route. Lastly, the Exchange

also believes that the proposed amendment is non-discriminatory because
it applies uniformly to all Members.
    The proposed rate change in Footnote 3 associated with routing
orders to NYSE through DE Route now represents a pass-through rate from
DE Route to the Exchange and from the Exchange, in turn, to its
Members. The Exchange's proposal represents an equitable allocation of
reasonable dues, fees, and other charges among Members of the Exchange
and other persons using its facilities because the Exchange does not
levy additional fees or offer additional rebates for orders that it
routes to NYSE through DE Route. The Exchange notes that routing
through DE Route is voluntary. For stocks priced below $1.00 that are
routed or re-routed to NYSE and remove liquidity, DE Route charged its
Members a fee of $0.0023 per share.\16\ NYSE modified the rate it
charged its customers, such as DE Route, effective March 2012, to a
charge of 0.30% of the dollar value of the transaction \17\ for stocks
priced below $1.00 that remove liquidity. Therefore, the Exchange
believes that the proposed change in Footnote 3 from a fee of $0.0023
per share to a fee of 0.30% of the dollar value of the transaction is
equitable and reasonable because it allows the Exchange to now charge
its Members a pass-through rate for orders that are routed or re-routed
to NYSE and remove liquidity using DE Route. Lastly, the Exchange also
believes that the proposed amendment is non-discriminatory because it
applies uniformly to all Members.
---------------------------------------------------------------------------

    \16\ Prior to March 1, 2012, the NYSE Price List generally
specified that the applicable rate was the lesser of (i) 0.30% of
the total dollar value of the transaction and (ii) $0.0023 per
share. See Securities Exchange Act Release No. 66600, (March 14,
2012), 77 FR 16298 (March 20, 2012) (SR-NYSE-2012-07). Effective
March 1, 2012, the rate for these transactions with a per-share
price of less than $1.00 is now 0.3% of the total dollar value of
the transaction.
    \17\ Id.
---------------------------------------------------------------------------

    The proposed rate change for Flag RS associated with routing orders
to PSX through DE Route on the Exchange's fee schedule is a pass-
through rate from DE Route to the Exchange and from the Exchange, in
turn, to its Members. The Exchange's proposal represents an equitable
allocation of reasonable dues, fees, and other charges among Members of
the Exchange and other persons using its facilities because the
Exchange does not levy additional fees or offer additional rebates for
orders that it routes to PSX through DE Route. The Exchange notes that
routing through DE Route is voluntary. Currently, for orders yielding
Flag RS, PSX offers DE Route a rebate of $0.0016 per share, which, in
turn, is passed through to the Exchange. The Exchange, in turn, offers
its Members a rebate of $0.0016 per share as a pass-through. On October
1, 2012, PSX increased the rebate it offers its customers, such as DE
Route, from $0.0016 per share to a rebate of $0.0026 per share \18\ for
orders that are routed to PSX and add liquidity. Therefore, the
Exchange believes that the proposed change for Flag RS from a rebate of
$0.0016 per share to a rebate of $0.0026 per share is equitable and
reasonable because it accounts for the pricing changes on PSX. In
addition, the proposal allows the Exchange to continue to charge its
Members a pass-through of the standard rebate \19\ for orders that are
routed to PSX and add liquidity using DE Route. Lastly, the Exchange
also believes that the proposed amendment is non-discriminatory because
it applies uniformly to all Members.
---------------------------------------------------------------------------

    \18\ The Exchange notes that it is passing through the standard
rebate of $0.0026 per share even though it possibly can achieve a
tiered rebate of $0.0028 per share if it meets certain criteria.
    \19\ Id.
---------------------------------------------------------------------------

    The Exchange believes that its proposal to amend the rate for Flag
K represents an equitable allocation of reasonable dues, fees and other
charges among its Members and other persons using its facilities. DE
Route is charged either a fee of $0.0028 per share or $0.0030 per share
depending on the routing strategy employed.\20\ Because the Exchange
does not distinguish between ROUC and ROUE when yielding Flag K, the
Exchange proposes to assess a charge of $0.0028 per share for Members
orders that are routed to PSX using either ROUC or ROUE, which
represents the more favorable of the two rates for its Members. The
Exchange's proposal to offer its Members the more favorable of two
rates is a reasonable pricing strategy because it is similar to the
pricing strategy of Flag C on EDGA Exchange, Inc. (``EDGA''), where
EDGA offers its customers the more favorable rebate of $0.0014 per
share for orders routed to BX that remove liquidity regardless of
whether the Member achieves the tiered volume necessary to exceed the
default rebate of $0.0005 per share.\21\ In addition, the rate of
$0.0028 per share for Flag K is reasonable because it is similar to the
rates charged by PSX for orders routed to its exchange, where PSX
assesses charges between $0.0028 per share and $0.0030 per share
depending on the routing strategy employed.\22\ Lastly, the Exchange
also believes that the proposed amendment is non-discriminatory because
it applies uniformly to all Members.
---------------------------------------------------------------------------

    \20\ See NASDAQ OMX PSX, Price List--Trading and Connectivity,
http://www.nasdaqtrader.com/Trader.aspx?id=PSX_pricing.
    \21\ See Securities Exchange Release No. 67980 (October 4,
2012), 77 FR 61800 (October 11, 2012) (SR-EDGA-2012-45).
    \22\ See NASDAQ OMX PSX, Price List--Trading and Connectivity,
http://www.nasdaqtrader.com/Trader.aspx?id=PSX_pricing.
---------------------------------------------------------------------------

    The Exchange's proposal to add the title ``EdgeBook Depth Fees'' to
the fee schedule increases transparency on the fee schedule for Members
and does not represent any change in EdgeBook Depth fees.
    The Exchange also 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 levels at a particular venue to be
excessive. The proposed rule change reflects a competitive pricing
structure designed to incent market participants to direct their order
flow to the Exchange. The Exchange believes that the proposed rates are
equitable and non-discriminatory in that they apply uniformly to all
Members. The Exchange believes the fees and credits remain competitive
with those charged by other venues and therefore continue to be
reasonable and equitably allocated to Members.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

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 \23\ and Rule 19b-4(f)(2) \24\ thereunder. At
any time within 60 days of the filing of such 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.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

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-EDGX-2012-46 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-EDGX-2012-46. 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 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-EDGX-2012-46 and should be
submitted on or before December 4, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-27492 Filed 11-9-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Proposed Rules]
[Pages 54057-54059]
[FR Doc No: 2018-22661]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2018-0918; Notice No. 23-18-03-SC]

Special Conditions: Innovative Solutions & Support, Inc.; Textron
Aviation, Inc. Model B200-Series Airplanes; Autothrust Functions

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for Textron Aviation,
Inc. B200-series airplanes. These airplanes as modified by Innovative
Solutions & Support, Inc., will have a novel or unusual design feature
associated with an autothrust system. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These proposed special conditions contain the
additional safety standards the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: Send your comments on or before December 10, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0918
using any of the following methods:
    [ssquf] Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
    [ssquf] Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC, 20590-0001.
    [ssquf] Hand Delivery of Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    [ssquf] Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://regulations.gov, including any personal information
the commenter provides. Using the search function of the docket
website, anyone can find and read the electronic form of all comments
received into any FAA docket, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). DOT's complete Privacy Act Statement can
be found in the Federal Register published on April 11, 2000 (65 FR
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Pretz, AIR-691, Regulations &
Policy Section, Small Airplane Standards Branch, Policy & Innovation
Division, Aircraft Certification Service, Federal Aviation
Administration, 901 Locust; Kansas City, Missouri 64106; telephone
(816) 329-3239; facsimile<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data. We ask
that you send us two copies of written comments.
    We will consider all comments we receive on or before the closing
date for comments. We will consider comments filed late if it is
possible to do so without incurring expense or delay. We may change
these special conditions based on the comments we receive.

Background

    On December 14, 2017, Innovative Solutions & Support, Inc.
(Innovative Solutions), applied for a supplemental type certificate for
installation of an autothrust system (ATS)--also known as an
autothrottle system--in Textron Aviation, Inc., (Textron) B200-series
airplanes. The B200-series airplanes are powered by two Pratt & Whitney
PT6A turbo-propeller engines--depending on airplane model--that can
carry thirteen passengers, including two-flightcrew members. These
airplanes have a service ceiling up to 35,000-feet and a maximum
takeoff weight of up to 12,500 pounds in the normal category. These
airplanes are approved for single-pilot operation.
    The installation of an ATS in Textron B200-series airplanes is
intended to reduce pilot workload. The ATS is useable in all phases of
flight except below decision height on approach. The system includes a
torque and airspeed mode along with monitors to prevent the system from
exceeding critical engine or airspeed limits. Throttle movement is
provided by a stepper motor acting through a linear actuator, which
acts as a link between the stepper motor and throttle. The liner
actuator can be overridden by pilot movement of the throttle and
automatically disengages upon disagreement in the expected throttle
position versus its actual position.
    Section 23.1329, amendment 23-49, only contained requirements for
automatic pilot systems that act on the airplane flight controls.
Autothrust systems are automatic systems that act on the thrust
controls. These systems provide enhanced automation and safety, but may
also introduce pilot confusion, countering the safety benefit. 14 CFR
25.1329, amendment 25-119, addresses these concerns. Therefore, these
proposed special conditions are based on Sec.  25.1329 and provide
additional requirements to standardize the pilot interface and system
behavior and enhance pilot awareness of system active and armed modes.

Type Certification Basis

    Under the provisions of Sec.  21.101, Innovative Solutions must
show that B200-series airplanes, as changed, continue to meet the
applicable provisions of the regulations incorporated by reference in
Type Certificate (TC) No. A24CE \1\ or the

applicable regulations in effect on the date of application for the
change. The regulations incorporated by reference in the type
certificate are commonly referred to as the ``original type
certification basis.'' The regulations incorporated by reference in TC
No. A24CE are as follows: 14 CFR part 23, amendments 23-1 through 23-9,
plus various later part 23 amendments--depending on the model and
serial number of the airplane--as noted on Type Certification Data
Sheet A24CE.
---------------------------------------------------------------------------

    \1\ See http://rgl.faa.gov/.
---------------------------------------------------------------------------

    If the Administrator finds the applicable airworthiness regulations
(i.e., 14 CFR part 23) do not contain adequate or appropriate safety
standards for B200-series airplanes because of a novel or unusual
design feature, special conditions are prescribed under the provisions
of Sec.  21.16.
    Special conditions are initially applicable to the model(s) for
which they are issued. Should the applicant apply for a supplemental
type certificate to modify any other model included on the same type
certificate to incorporate the same or similar novel or unusual design
feature, the FAA would apply these special conditions to the other
model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, B200-series airplanes must comply with the fuel vent and
exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    Textron B200-series airplanes will incorporate the following novel
or unusual design features:
    Autothrust system, which provides commands to two linear actuators,
one attached to each throttle lever, that automatically control thrust
on each engine. The autothrust system can be operated in either Torque
Control Mode or Airspeed Mode.

Discussion

    The current part 23 airworthiness regulations do not contain
appropriate safety standards for an ATS installation; hence, the need
for special conditions. However, part 25 regulations contain
appropriate airworthiness standards; therefore, these proposed special
conditions are derived from 14 CFR 25.1329, amendment 25-119. Sections
23.143, amendment 23-50, and 23.1309, amendment 23-62, would be used
instead of the corresponding part 25 regulations referenced in Sec.
25.1329.

Applicability

    As discussed above, these special conditions are applicable to
Textron B200-series airplanes. Should Innovative Solutions apply at a
later date for a supplemental type certificate to modify any other
model included on TC No. A24CE to incorporate the same novel or unusual
design feature, the FAA would apply these special conditions to that
model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model series of airplanes. It is not a rule of general
applicability and it affects only the applicant who applied to the FAA
for approval of these features on the airplane.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44704,
Pub. L. 113-53, 127 Stat. 584 (49 U.S.C. 44704) note.

The Proposed Special Conditions

0
Accordingly, the FAA proposes the following special conditions as part
of the type certification basis for Textron Aviation, Inc., B200-series
airplanes as modified by Innovative Solutions & Support, Inc.

1. Autothrottle System

    In addition to the requirements of Sec. Sec.  23.143, 23.1309, and
23.1329, the following apply:
    (a) Quick disengagement controls for the autothrust functions must
be provided for each pilot. The autothrust quick disengagement controls
must be located on the thrust control levers. Quick disengagement
controls must be readily accessible to each pilot while operating the
thrust control levers.
    (b) The effects of a failure of the system to disengage the
autothrust functions when manually commanded by the pilot must be
assessed in accordance with the requirements of Sec.  23.1309.
    (c) Engagement or switching of the flight guidance system, a mode,
or a sensor may not cause the autothrust system to affect a transient
response that alters the airplane's flight path any greater than a
minor transient, as defined in paragraph (1)(l)(1) of this section.
    (d) Under normal conditions, the disengagement of any automatic
control function of a flight guidance system may not cause a transient
response of the airplane's flight path any greater than a minor
transient.
    (e) Under rare normal and non-normal conditions, disengagement of
any automatic control function of a flight guidance system may not
result in a transient any greater than a significant transient, as
defined in paragraph (1)(l)(2) of this section.
    (f) The function and direction of motion of each command reference
control, such as heading select or vertical speed, must be plainly
indicated on, or adjacent to, each control if necessary to prevent
inappropriate use or confusion.
    (g) Under any condition of flight appropriate to its use, the
flight guidance system may not produce hazardous loads on the airplane,
nor create hazardous deviations in the flight path. This applies to
both fault-free operation and in the event of a malfunction, and
assumes the pilot begins corrective action within a reasonable period
of time.
    (h) When the flight guidance system is in use, a means must be
provided to avoid excursions beyond an acceptable margin from the speed
range of the normal flight envelope. If the airplane experiences an
excursion outside this range, a means must be provided to prevent the
flight guidance system from providing guidance or control to an unsafe
speed.
    (i) The flight guidance system functions, controls, indications,
and alerts must be designed to minimize flight crew errors and
confusion concerning the behavior and operation of the flight guidance
system. Means must be provided to indicate the current mode of
operation, including any armed modes, transitions, and reversions.
Selector switch position is not an acceptable means of indication. The
controls and indications must be grouped and presented in a logical and
consistent manner. The indications must be visible to each pilot under
all expected lighting conditions.
    (j) Following disengagement of the autothrust function, a caution
(visual and auditory) must be provided to each pilot.
    (k) During autothrust operation, it must be possible for the
flightcrew to move the thrust levers without requiring excessive force.
The autothrust may not create a potential hazard when the flightcrew
applies an override force to the thrust levers.
    (l) For purposes of this section, a transient is a disturbance in
the control or flight path of the airplane that is not

consistent with response to flight crew inputs or environmental
conditions.
    (1) A minor transient would not significantly reduce safety margins
and would involve flightcrew actions that are well within their
capabilities. A minor transient may involve a slight increase in flight
crew workload or some physical discomfort to passengers or cabin crew.
    (2) A significant transient may lead to a significant reduction in
safety margins, an increase in flight crew workload, discomfort to the
flightcrew, or physical distress to the passengers or cabin crew,
possibly including non-fatal injuries. Significant transients do not
require, in order to remain within or recover to the normal flight
envelope, any of the following:
    (i) Exceptional piloting skill, alertness, or strength.
    (ii) Forces applied by the pilot that are greater than those
specified in Sec.  23.143(c).
    (iii) Accelerations or attitudes in the airplane that might result
in further hazard to secured or non-secured occupants.

    Issued in Kansas City, Missouri, on October 10, 2018.
Jacqueline Jambor,
Acting Manager, Small Airplane Standards Branch, Aircraft Certification
Service.
[FR Doc. 2018-22661 Filed 10-25-18; 8:45 am]
BILLING CODE 4910-13-P