[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Proposed Rules]
[Pages 32195-32197]
[FR Doc No: 2014-12974]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0164; Directorate Identifier 2014-NE-02-AD]
RIN 2120-AA64

Airworthiness Directives; Turbomeca S.A. Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Turbomeca S.A. Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1,
1S, 1S1, 2B, 2B1, 2C, 2C1, 2C2, 2S1, and 2S2 turboshaft engines. This
proposed AD was prompted by reports of uncommanded in-flight shutdowns
on Turbomeca S.A. Arriel 1 and Arriel 2 engines following rupture of
the 41-tooth gear forming part of the 41/23-tooth bevel gear located in
the engine accessory gearbox (AGB). This proposed AD would require an
initial one-time vibration check of the engine AGB on certain higher
risk Arriel 1 and Arriel 2 model engines. This proposed AD would also
require repetitive vibration checks of the engine AGB for all Arriel 1
and Arriel 2 engines at every engine shop visit. We are proposing this
AD to prevent failure of the engine AGB, which could lead to in-flight
shutdown and damage to the engine, which may result in damage to the
aircraft.

DATES: We must receive comments on this proposed AD by August 4, 2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    For service information identified in this AD, contact Turbomeca,
S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74 40 00; telex: 570 042;
fax: 33 (0)5 59 74 45 15. You may view this service information at the
FAA, Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0164; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the mandatory continuing airworthiness
information (MCAI), the regulatory evaluation, any comments received,
and other information. The street address for the Docket Operations
office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mark Riley, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0164;
Directorate Identifier 2014-NE-02-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2014-0036, dated February 11, 2014 (referred

to herein after as ``MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Several cases of uncommanded in-flight shut-down (IFSD) have
been reported on ARRIEL 1 or ARRIEL 2 engines following rupture of
the 41-tooth gear forming part of the 41/23 tooth bevel gear located
in the accessory gearbox (AGB) within engine module M01.
    Results of subsequent investigations showed that the meshing
quality of the bevel gear may have contributed to tooth rupture.
    The rupture of the AGB 41-tooth gear may lead to loss of driving
of equipment essential to engine operation.
    This condition if not detected and corrected, could lead to an
uncommanded engine in-flight shut-down and may ultimately lead to an
emergency landing.

We are proposing an initial one-time vibration check of the engine AGB
on certain higher risk Arriel 1 and Arriel 2 model engines. We are also
proposing repetitive vibration checks of the engine AGB for all Arriel
1 and Arriel 2 engines at every engine shop visit. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2014-0164.

Relevant Service Information

    Turbomeca S.A. has issued Mandatory Service Bulletin (MSB) No. 292
72 0839, Version B, dated November 25, 2013, and MSB No. 292 72 2849,
Version B, dated November 25, 2013. The service information describes
procedures for correcting the unsafe condition described in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of France
and is approved for operation in the United States. Pursuant to our
bilateral agreement with the European Community, EASA has notified us
of the unsafe condition described in the MCAI and service information
referenced above. We are proposing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design. This proposed AD would require vibration checks of the 41/23-
tooth bevel gear assembly of the AGB on certain Turbomeca S.A. Arriel 1
and Arriel 2 model turboshaft engines and, if a discrepancy is found,
replacement of the AGB with a part eligible for installation.

Costs of Compliance

    We estimate that this proposed AD affects 1,268 engines installed
on aircraft of U.S. registry. We also estimate that it would take about
4 hours per engine to comply with the inspection requirement in this
proposed AD. The average labor rate is $85 per hour. Based on these
figures, we estimate the cost of this proposed AD on U.S. operators to
be $431,120.

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.
    We are 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

    We 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) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, and
    (4) Will 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 (AD):

Turbomeca S.A.: Docket No. FAA-2014-0164; Directorate Identifier
2014-NE-02-AD.

(a) Comments Due Date

    We must receive comments by August 4, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Turbomeca S.A. Arriel 1A1, 1A2, 1B, 1C,
1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, 1S1, 2B, 2B1, 2C, 2C1, 2C2, 2S1,
and 2S2 turboshaft engines.

(d) Reason

    This AD was prompted by reports of uncommanded in-flight
shutdowns on Turbomeca S.A. Arriel 1 and Arriel 2 engines following
rupture of the 41-tooth gear forming the 41/23-tooth bevel gear
located in the engine accessory gearbox (AGB). We are issuing this
AD to prevent failure of the engine AGB, which could lead to in-
flight shutdown and damage to the engine, which may result in damage
to the aircraft.

(e) Actions and Compliance

    Unless already done, do the following.
    (1) For all Turbomeca S.A. Arriel 1B, 1D, 1D1, 2B, and 2B1
turboshaft engines, perform a one-time vibration check of the AGB
41/23-tooth bevel gear meshing within 32 months of the effective
date of this AD, as follows:
    (i) For all Turbomeca S.A. Arriel 1B, 1D, and 1D1 engines,
except those engines with an AGB installed with a serial number (S/
N) listed in Figure 1 of Turbomeca S.A. Mandatory Service Bulletin
(MSB) No. 292 72 0839, Version B, dated November 25, 2013, use
paragraphs 6.A. through 6.C. of Turbomeca S.A. MSB No. 292 72 0839,
Version B, dated November 25, 2013, to perform the vibration check.
The reporting requirements in paragraphs 6.A.(1)(c), 6.A.(2)(b), and
6.B.(1)(c) and the requirement to return module M01 in paragraph
6.B.(2)(b)2, of Turbomeca S.A. MSB No. 292 72 0839, Version B, dated
November 25, 2013, are not required by this AD.
    (ii) For all Turbomeca S.A. Arriel 2B and 2B1engines, except
those engines with an AGB installed with a S/N listed in Figure 1 of
Turbomeca MSB No. 292 72 2849, Version B, dated November 25, 2013,
use paragraphs

6.A. through 6.C. of Turbomeca S.A. MSB No. 292 72 2849, Version B,
dated November 25, 2013, to perform the vibration check. The
reporting requirements in paragraphs 6.A.(1)(c), 6.A.(2)(b), and
6.B.(1)(c), and the requirement to return module M01 in paragraph
6.B.(2)(b)2, of Turbomeca S.A. MSB No. 292 72 2849, Version B, dated
November 25, 2013, are not required by this AD.
    (2) For all affected Turbomeca S.A. engines, during each engine
shop visit after the effective date of this AD, perform a vibration
check of the AGB 41/23-tooth bevel gear meshing. Guidance on
performing the vibration check during an engine shop visit can be
found in the service information listed in paragraph (i)(3) in the
Related Information section.
    (3) If the AGB does not pass the vibration check required by
paragraphs (e)(1) or (e)(2) of this AD, replace the AGB with a part
eligible for installation.

(f) Credit for Previous Action

    If you performed a vibration check of the AGB before the
effective date of this AD using Turbomeca S.A. MSB No. 292 72 0839,
Version A, dated September 9, 2013; or MSB No. 292 72 2849, Version
A, dated September 9, 2013, or during an engine shop visit per
paragraph (e)(2) of this AD, you met the initial inspection
requirement of paragraph (e)(1) of this AD.

(g) Definition

    For the purposes of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine flanges. The separation
of engine flanges solely for the purpose of transportation without
subsequent engine maintenance does not constitute an engine shop
visit.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
to this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(i) Related Information

    (1) For more information about this AD, contact Mark Riley,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2014-0036,
dated February 11, 2014, for related information. You may examine
the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No.
FAA-2014-0164.
    (3) Turbomeca S.A. MSB No. 292 72 0839, Version B, dated
November 25, 2013; and MSB No. 292 72 2849, Version B, dated
November 25, 2013, provide guidance on performing the one-time
vibration check. Arriel 1 Technical Instruction (TI) No. 292 72
0839, Version E, dated February 20, 2014; Arriel 1 TI No. 292 72
0840, dated November 29, 2013; Arriel 2 TI No. 292 72 2849, Version
E, dated February 20, 2014; and Arriel 2 TI No. 292 72 2850, dated
November 29, 2013, provide detailed instructions on performing the
one-time vibration check for Arriel 1 and Arriel 2 engines,
respectively. Turbomeca Engine Test Bed Acceptance Test
Specifications CCT No.<PHONE_NUMBER>, Version T; CCT No.<PHONE_NUMBER>,
Version R; CCT No.<PHONE_NUMBER>, Version I; CCT No. 029201530, Version
K; CCT No.<PHONE_NUMBER>, Version K; CCT No.<PHONE_NUMBER>, Version J; CCT
No.<PHONE_NUMBER>, Version I; CCT No.<PHONE_NUMBER>, Version I; CCT No.
0292029480, Version K; CCT No.<PHONE_NUMBER>, Version H; CCT No.
0292029410, Version L; CCT No.<PHONE_NUMBER>, Version H; or Turbomeca
ID No. 383952; or Turbomeca RTD No. X 292 65 327 2, provide
information on performing a vibration check during an engine shop
visit. These service documents can be obtained from Turbomeca S.A.
using the contact information in paragraph (i)(4) of this proposed
AD.
    (4) For service information identified in this proposed AD,
contact Turbomeca, S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74
40 00; telex: 570 042; fax: 33 (0)5 59 74 45 15.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on May 28, 2014.
Colleen M. D'Alessandro,
Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2014-12974 Filed 6-3-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 84074-84079]
[FR Doc No: 2020-28309]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90704; File No. 4-663]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Notice of Filing and Order Approving and Declaring
Effective an Amended Plan for the Allocation of Regulatory
Responsibilities Between the Financial Industry Regulatory Authority,
Inc. and Nasdaq GEMX, LLC

December 17, 2020.
    Notice is hereby given that the Securities and Exchange Commission
(``Commission'') has issued an Order, pursuant to Section 17(d) of the
Securities Exchange Act of 1934 (``Act''),\1\ approving and declaring
effective an amendment to the plan for allocating regulatory
responsibility (``Plan'') filed on November 19, 2020, pursuant to Rule
17d-2 of the Act,\2\ by the Financial Industry Regulatory Authority,
Inc. (``FINRA'') and Nasdaq GEMX, LLC (``GEMX'') (collectively,
``Participating Organizations'' or ``parties''). This agreement amends
and restates the agreement entered into between FINRA and Topaz
Exchange, LLC (n/k/a GEMX) on June 21, 2013, entitled ``Agreement
Between Financial Industry Regulatory Authority, Inc. and Topaz
Exchange Pursuant to Rule 17d-2 under the Securities Exchange Act of
1934,'' and any subsequent amendments thereafter.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78q(d).
    \2\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------

I. Introduction

    Section 19(g)(1) of the Act,\3\ among other things, requires every
self-regulatory organization (``SRO'') registered as either a national
securities exchange or national securities association to examine for,
and enforce compliance by, its members and persons associated with its
members with the Act, the rules and regulations thereunder, and the
SRO's own rules, unless the SRO is relieved of this responsibility
pursuant to Section 17(d) \4\ or Section 19(g)(2) \5\ of the Act.
Without this relief, the statutory obligation of each individual SRO
could result in a pattern of multiple examinations of broker-dealers
that maintain memberships in more than one SRO (``common members'').
Such regulatory duplication would add unnecessary expenses for common
members and their SROs.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(g)(1).
    \4\ 15 U.S.C. 78q(d).
    \5\ 15 U.S.C. 78s(g)(2).
---------------------------------------------------------------------------

    Section 17(d)(1) of the Act \6\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\7\ With
respect to a common member, Section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules, and regulations, or to perform other
specified regulatory functions.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q(d)(1).
    \7\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975).
---------------------------------------------------------------------------

    To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17d-2 under the Act.\8\ Rule 17d-1 authorizes the
Commission to name a single SRO as the designated examining authority
(``DEA'') to examine common members for compliance with the financial
responsibility requirements imposed by the Act, or by Commission or SRO
rules.\9\ When an SRO has been named as a common member's DEA, all
other SROs to which the common member belongs are relieved of the
responsibility to examine the firm for compliance with the applicable
financial responsibility rules. On its face, Rule 17d-1 deals only with
an SRO's obligations to enforce member compliance with financial
responsibility requirements. Rule 17d-1 does not relieve an SRO from
its obligation to examine a common member for compliance with its own
rules and provisions of the federal securities laws governing matters
other than financial responsibility, including sales practices and
trading activities and practices.
---------------------------------------------------------------------------

    \8\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
    \9\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
---------------------------------------------------------------------------

    To address regulatory duplication in these and other areas, the
Commission adopted Rule 17d-2 under the Act.\10\ Rule 17d-2 permits
SROs to propose joint plans for the allocation of regulatory
responsibilities with respect to their common members. Under paragraph
(c) of Rule 17d-2, the Commission may declare such a plan effective if,
after providing for appropriate notice and opportunity for comment, it
determines that the plan is necessary or appropriate in the public
interest and for the protection of investors, to foster cooperation and
coordination among the SROs, to remove impediments to, and foster the
development of, a national market system and a national clearance and
settlement system, and is in conformity with the factors set forth in
Section 17(d) of the Act. Commission approval of a plan filed pursuant
to Rule 17d-2 relieves an SRO of those regulatory responsibilities
allocated by the plan to another SRO.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
---------------------------------------------------------------------------

II. The Plan

    On August 19, 2013, the Commission declared effective the Plan
entered into between FINRA and GEMX for allocating regulatory
responsibility pursuant to Rule 17d-2.\11\ The Plan is intended to
reduce regulatory duplication for firms that are common members of
FINRA and GEMX by allocating regulatory responsibility with respect to
certain applicable laws, rules, and regulations that are common among
them. Included in the Plan is an exhibit that lists every GEMX rule for
which FINRA bears responsibility under the Plan for overseeing and
enforcing with respect to GEMX members that are also members of FINRA
and the associated persons therewith (``Certification'').
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 70228 (August 19,
2013), 78 FR 52587 (August 23, 2013).
---------------------------------------------------------------------------

III. Proposed Amendment to the Plan

    On November 19, 2020, the parties submitted a proposed amendment to
the Plan (``Amended Plan''). The primary purpose of the Amended Plan is
to allocate surveillance, investigation, and enforcement
responsibilities for Rule 14e-4 under the Act and to reflect the name
change of Topaz Exchange, LLC to Nasdaq GEMX, LLC. The text of the
proposed Amended Plan is as follows

(additions are italicized; deletions are [bracketed]):
* * * * *
AGREEMENT BETWEEN FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. AND
[TOPAZ EXCHANGE]NASDAQ GEMX, LLC PURSUANT TO RULE 17d-2 UNDER THE
SECURITIES EXCHANGE ACT OF 1934
    This Agreement, by and between Financial Industry Regulatory
Authority, Inc. (``FINRA'') and [Topaz Exchange, LLC (``Topaz'')]Nasdaq
GEMX, LLC (``GEMX''), is made this [21st] 16th day of [June]November,
20[13]20 (the ``Agreement''), pursuant to Section 17(d) of the
Securities Exchange Act of 1934 (the ``Exchange Act'') and Rule 17d-2
thereunder which permits agreements between self-regulatory
organizations to allocate regulatory responsibility to eliminate
regulatory duplication. FINRA and [Topaz]GEMX may be referred to
individually as a ``party'' and together as the ``parties.''
    This Agreement amends and restates this agreement entered into
between FINRA and GEMX on June 21, 2013, entitled ``Agreement between
Financial Industry Regulatory Authority, Inc. and Topaz Exchange, LLC
Pursuant to Rule 17d-2 under the Securities Exchange Act of 1934,'' and
any subsequent amendments thereafter.
    Whereas, FINRA and [Topaz]GEMX desire to reduce duplication in the
examination of their Dual Members (as defined herein) and in the filing
and processing of certain registration and membership records; and
    Whereas, FINRA and [Topaz]GEMX desire to execute an agreement
covering such subjects pursuant to the provisions of Rule 17d-2 under
the Exchange Act and to file such agreement with the Securities and
Exchange Commission (the ``SEC'' or ``Commission'') for its approval.
    Now, therefore, in consideration of the mutual covenants contained
hereinafter, FINRA and [Topaz]GEMX hereby agree as follows:
    1. Definitions. Unless otherwise defined in this Agreement or the
context otherwise requires, the terms used in this Agreement shall have
the same meaning as they have under the Exchange Act and the rules and
regulations thereunder. As used in this Agreement, the following terms
shall have the following meanings:
    (a) ``[Topaz]GEMX Rules'' or ``FINRA Rules'' shall mean the rules
of [Topaz]GEMX or FINRA, respectively, as the rules of an exchange or
association are defined in Exchange Act Section 3(a)(27).
    (b) ``Common Rules'' shall mean the [Topaz]GEMX Rules that are
substantially similar to the applicable FINRA Rules in that examination
for compliance with such rules would not require FINRA to develop one
or more new examination standards, modules, procedures, or criteria in
order to analyze the application of the rule, or a Dual Member's
activity, conduct, or output in relation to such rule.
    (c) ``Dual Members'' shall mean those [Topaz]GEMX members that are
also members of FINRA and the associated persons therewith.
    (d) ``Effective Date'' shall have the meaning set forth in
paragraph 13.
    (e) ``Enforcement Responsibilities'' shall mean the conduct of
appropriate proceedings, in accordance with the FINRA Code of Procedure
(the Rule 9000 Series) and other applicable FINRA procedural rules, to
determine whether violations of pertinent laws, rules or regulations
have occurred, and if such violations are deemed to have occurred, the
imposition of appropriate sanctions as specified under the FINRA's Code
of Procedure and sanctions guidelines. Common Rules shall not include
any provisions regarding (i) notice, reporting or any other filings
made directly to or from GEMX, (ii) incorporation by reference of GEMX
Rules that are not Common Rules, (iii) exercise of discretion in a
manner that differs from FINRA's exercise of discretion including, but
not limited to exercise of exemptive authority by GEMX, (iv) prior
written approval of GEMX and (v) payment of fees or fines to GEMX.
    (f) ``Regulatory Responsibilities'' shall mean the examination
responsibilities and Enforcement Responsibilities relating to
compliance by the Dual Members with the Common Rules and the provisions
of the Exchange Act and the rules and regulations thereunder, and other
applicable laws, rules and regulations, each as set forth on Exhibit 1
attached hereto. The term ``Regulatory Responsibilities'' shall also
include the surveillance, investigation and Enforcement
Responsibilities relating to compliance by Common Members with Rule
14e-4 of the Securities Exchange Act (``Rule 14e-4''), with a focus on
the standardized call option provision of Rule 14e-4(a)(1)(ii)(D).
    2. Regulatory and Enforcement Responsibilities. FINRA shall assume
Regulatory Responsibilities and Enforcement Responsibilities for Dual
Members. Attached as Exhibit 1 to this Agreement and made part hereof,
[Topaz]GEMX furnished FINRA with a current list of Common Rules and
certified to FINRA that such rules are substantially similar to the
corresponding FINRA Rule (the ``Certification''). FINRA hereby agrees
that the rules listed in the Certification are Common Rules as defined
in this Agreement. Each year following the Effective Date of this
Agreement, or more frequently if required by changes in either the
[Topaz]GEMX Rules or FINRA Rules, [Topaz]GEMX shall submit an updated
list of Common Rules to FINRA for review which shall add [Topaz]GEMX
Rules not included in the current list of Common Rules that qualify as
Common Rules as defined in this Agreement; delete [Topaz]GEMX Rules
included in the current list of Common Rules that no longer qualify as
Common Rules as defined in this Agreement; and confirm that the
remaining rules on the current list of Common Rules continue to be
[Topaz]GEMX Rules that qualify as Common Rules as defined in this
Agreement. Within 30 days of receipt of such updated list, FINRA shall
confirm in writing whether the rules listed in any updated list are
Common Rules as defined in this Agreement. Notwithstanding anything
herein to the contrary, it is explicitly understood that the term
``Regulatory Responsibilities'' does not include, and [Topaz]GEMX shall
retain full responsibility for (unless otherwise addressed by separate
agreement or rule) the following (collectively, the ``Retained
Responsibilities''):
    (a) Surveillance and enforcement with respect to trading activities
or practices involving [Topaz]GEMX's own marketplaces, including
without limitation [Topaz]GEMX's Rules relating to the rights and
obligations of market makers;
    (b) registration pursuant to its applicable rules of associated
persons (i.e., registration rules that are not Common Rules);
    (c) discharge of its duties and obligations as a Designated
Examining Authority pursuant to Rule 17d-1 under the Exchange Act; and
    (d) any [Topaz]GEMX Rules that are not Common Rules.
    3. Dual Members. Prior to the Effective Date, [Topaz]GEMX shall
furnish FINRA with a current list of Dual Members, which shall be
updated no less frequently than once each quarter.
    4. No Charge. There shall be no charge to [Topaz]GEMX by FINRA for
performing the Regulatory Responsibilities and Enforcement
Responsibilities under this Agreement except as hereinafter provided.
FINRA shall provide [Topaz]GEMX with ninety (90) days advance written
notice in the

event FINRA decides to impose any charges to [Topaz]GEMX for performing
the Regulatory Responsibilities under this Agreement. If FINRA
determines to impose a charge, [Topaz]GEMX shall have the right at the
time of the imposition of such charge to terminate this Agreement;
provided, however, that FINRA's Regulatory Responsibilities under this
Agreement shall continue until the Commission approves the termination
of this Agreement.
    5. Reassignment of Regulatory Responsibilities. Notwithstanding any
provision hereof, this Agreement shall be subject to any statute, or
any rule or order of the Commission, or effective industry agreement,
restructuring the regulatory framework of the securities industry or
reassigning Regulatory Responsibilities between self-regulatory
organizations. To the extent such action is inconsistent with this
Agreement, such action shall supersede the provisions hereof to the
extent necessary for them to be properly effectuated and the provisions
hereof in that respect shall be null and void.
    6. Notification of Violations. In the event that FINRA becomes
aware of apparent violations of any [Topaz]GEMX Rules, which are not
listed as Common Rules, discovered pursuant to the performance of the
Regulatory Responsibilities assumed hereunder, FINRA shall notify
[Topaz]GEMX of those apparent violations for such response as
[Topaz]GEMX deems appropriate. In the event [Topaz]GEMX becomes aware
of apparent violations of the Common Rules, discovered pursuant to the
performance of the Retained Responsibilities, [Topaz]GEMX shall notify
FINRA of those apparent violations and such matters shall be handled by
FINRA as provided in this Agreement. Apparent violations of all the
Common Rules shall be processed by, and enforcement proceedings in
respect thereto shall be conducted by FINRA as provided hereinbefore;
provided, however, that in the event a Dual Member is the subject of an
investigation relating to a transaction on [Topaz]GEMX, [Topaz]GEMX may
in its discretion assume concurrent jurisdiction and responsibility.
Each party agrees to make available promptly all files, records and
witnesses necessary to assist the other in its investigation or
proceedings.
    7. Continued Assistance. FINRA shall make available to [Topaz]GEMX
all information obtained by FINRA in the performance by it of the
Regulatory Responsibilities hereunder in respect to the Dual Members
subject to this Agreement. In particular, and not in limitation of the
foregoing, FINRA shall furnish [Topaz]GEMX any information it obtains
about Dual Members which reflects adversely on their financial
condition. It is understood that such information is of an extremely
sensitive nature and, accordingly, [Topaz]GEMX acknowledges and agrees
to take all reasonable steps to maintain its confidentiality.
[Topaz]GEMX shall make available to FINRA any information coming to its
attention that reflects adversely on the financial condition of Dual
Members or indicates possible violations of applicable laws, rules or
regulations by such firms.
    8. Dual Member Applications.
    (a) Dual Members subject to this Agreement shall be required to
submit, and FINRA shall be responsible for processing and acting upon
all applications submitted on behalf of allied persons, partners,
officers, registered personnel and any other person required to be
approved by the [Topaz]GEMX Rules and FINRA Rules or associated with
Dual Members thereof. Upon request, FINRA shall advise [Topaz]GEMX of
any changes of allied members, partners, officers, registered personnel
and other persons required to be approved by the [Topaz]GEMX Rules and
FINRA Rules.
    (b) Dual Members shall be required to send to FINRA all letters,
termination notices or other material respecting the individuals listed
in paragraph 8(a).
    (c) When as a result of processing such submissions FINRA becomes
aware of a statutory disqualification as defined in the Exchange Act
with respect to a Dual Member, FINRA shall determine pursuant to
Sections 15A(g) and/or Section 6(c) of the Exchange Act the
acceptability or continued applicability of the person to whom such
disqualification applies and keep [Topaz]GEMX advised of its actions in
this regard for such subsequent proceedings as [Topaz]GEMX may
initiate.
    (d) Notwithstanding the foregoing, FINRA shall not review the
membership application, reports, filings, fingerprint cards, notices,
or other writings filed to determine if such documentation submitted by
a broker or dealer, or a person associated therewith or other persons
required to register or qualify by examination: (i) Meets the
[Topaz]GEMX requirements for general membership or for specified
categories of membership or participation in [Topaz]GEMX, such as (A)
Primary Market Maker Membership (``PMM''); (B) Competitive Market Maker
Membership (``CMM''); (C) Electronic Access Membership (``EAM'') (or
any similar type of [Topaz]GEMX membership or participation that is
created after this Agreement is executed); or (ii) meets the
[Topaz]GEMX requirements to be associated with, or employed by, a
[Topaz]GEMX member or participant in any capacity, such a Designated
Trading Representative (``DTR'') (or any similar type of participation,
employment category or title, or associate-person category or class
that is created after this Agreement is executed). FINRA shall not
review applications or other documentation filed to request a change in
the rights or status described in this paragraph 8(d), including
termination or limitation on activities, of a member or a participant
of [Topaz]GEMX, or a person associated with, or requesting association
with, a member or participant of [Topaz]GEMX.
    9. Branch Office Information. FINRA shall also be responsible for
processing and, if required, acting upon all requests for the opening,
address changes, and terminations of branch offices by Dual Members and
any other applications required of Dual Members with respect to the
Common Rules as they may be amended from time to time. Upon request,
FINRA shall advise [Topaz]GEMX of the opening, address change and
termination of branch and main offices of Dual Members and the names of
such branch office managers.
    10. Customer Complaints. [Topaz]GEMX shall forward to FINRA copies
of all customer complaints involving Dual Members received by
[Topaz]GEMX relating to FINRA's Regulatory Responsibilities under this
Agreement. It shall be FINRA's responsibility to review and take
appropriate action in respect to such complaints.
    11. No Restrictions on Regulatory Action. Nothing contained in this
Agreement shall restrict or in any way encumber the right of either
party to conduct its own independent or concurrent investigation,
examination or enforcement proceeding of or against Dual Members, as
either party, in its sole discretion, shall deem appropriate or
necessary.
    12. Termination. This Agreement may be terminated by [Topaz]GEMX or
FINRA at any time upon the approval of the Commission after one (1)
year's written notice to the other party (or such shorter time as may
be agreed by the parties), except as provided in paragraph 4.
    13. Effective Date. This Agreement shall be effective upon approval
of the Commission.
    14. Arbitration. In the event of a dispute between the parties as
to the operation of this Agreement,

[Topaz]GEMX and FINRA hereby agree that any such dispute shall be
settled by arbitration in Washington, DC in accordance with the rules
of the American Arbitration Association then in effect, or such other
procedures as the parties may mutually agree upon. Judgment on the
award rendered by the arbitrator(s) may be entered in any court having
jurisdiction.
    15. Separate Agreement. This Agreement is wholly separate from (1)
the multiparty Agreement made pursuant to Rule 17d-2 of the Exchange
Act among [BATS Exchange, Inc., BOX Options Exchange, LLC, the Chicago
Board Options Exchange, Incorporated, C2 Options Exchange,
Incorporated, the International Securities Exchange, LLC, Financial
Industry Regulatory Authority, Inc., Miami International Securities
Exchange, LLC, the New York Stock Exchange, LLC, the NYSE MKT LLC, the
NYSE Arca Inc., The NASDAQ Stock Market LLC, NASDAQ OMX BX, Inc., and
the NASDAQ OMX PHLX, LLC] NYSE American LLC, Cboe BZX Exchange, Inc.,
the Cboe EDGX Exchange, Inc., Cboe C2 Exchange, Inc., Cboe Exchange,
Inc., Nasdaq ISE, LLC, Financial Industry Regulatory Authority, Inc.,
NYSE Arca, Inc., The NASDAQ Stock Market LLC, BOX Exchange LLC, NASDAQ
BX, Inc., NASDAQ PHLX LLC, Miami International Securities Exchange,
LLC, Nasdaq GEMX, LLC, Nasdaq MRX, LLC, MIAX PEARL, LLC, and MIAX
Emerald, LLC approved by the Commission on [December 5, 2012]February
12, 2019 involving the allocation of regulatory responsibilities with
respect to common members for compliance with common rules relating to
the conduct by broker-dealers of accounts for listed options or index
warrants or (2) the multiparty Agreement made pursuant to Rule 17d-2 of
the Exchange Act among [NYSE MKT LLC, BATS Exchange, Inc., BOX Options
Exchange, LLC, C2 Options Exchange, Incorporated, Chicago Board Options
Exchange, Incorporated, International Securities Exchange LLC,
Financial Industry Regulatory Authority, Inc., NYSE Arca, Inc., The
NASDAQ Stock Market LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX, Inc. and
Miami International Securities Exchange, LLC,] NYSE American LLC, Cboe
BZX Exchange, Inc., the Cboe EDGX Exchange, Inc., Cboe C2 Exchange,
Inc., Cboe Exchange, Inc., Nasdaq ISE, LLC, Financial Industry
Regulatory Authority, Inc., NYSE Arca, Inc., The NASDAQ Stock Market
LLC, BOX Exchange LLC, NASDAQ BX, Inc., NASDAQ PHLX LLC, Miami
International Securities Exchange, LLC, Nasdaq GEMX, LLC, Nasdaq MRX,
LLC, MIAX PEARL, LLC, and MIAX Emerald, LLC approved by the Commission
on [December 5, 2012]February 11, 2019 involving options-related market
surveillance matters and such agreements as may be amended from time to
time.
    16. Notification of Members. [Topaz]GEMX and FINRA shall notify
Dual Members of this Agreement after the Effective Date by means of a
uniform joint notice.
    17. Amendment. This Agreement may be amended in writing duly
approved by each party. All such amendments must be filed with and
approved by the Commission before they become effective.
    18. Limitation of Liability. Neither FINRA nor [Topaz]GEMX nor any
of their respective directors, governors, officers or employees shall
be liable to the other party to this Agreement for any liability, loss
or damage resulting from or claimed to have resulted from any delays,
inaccuracies, errors or omissions with respect to the provision of
Regulatory Responsibilities as provided hereby or for the failure to
provide any such responsibility, except with respect to such liability,
loss or damages as shall have been suffered by one or the other of
FINRA or [Topaz]GEMX and caused by the willful misconduct of the other
party or their respective directors, governors, officers or employees.
No warranties, express or implied, are made by FINRA or [Topaz]GEMX
with respect to any of the responsibilities to be performed by each of
them hereunder.
    19. Severability. Any term or provision of this Agreement that is
invalid or unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without rendering invalid or unenforceable the
remaining terms and provisions of this Agreement or affecting the
validity or enforceability of any of the terms or provisions of this
Agreement in any other jurisdiction.
    20. Relief From Responsibility. Pursuant to Sections 17(d)(1)(A)
and 19(g) of the Exchange Act and Rule 17d-2 thereunder, FINRA and
[Topaz]GEMX join in requesting the Commission, upon its approval of
this Agreement or any part thereof, to relieve [Topaz]GEMX of any and
all responsibilities with respect to matters allocated to FINRA
pursuant to this Agreement; provided, however, that this Agreement
shall not be effective until the Effective Date.
    In witness whereof, each party has executed or caused this
Agreement to be executed on its behalf by a duly authorized officer as
of the date first written above.

FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
By---------------------------------------------------------------------
Name:
Title:
[TOPAZ EXCHANGE]NASDAQ GEMX, LLC

By---------------------------------------------------------------------
Name:
Title:

    NOTE: The entire existing table of rules should be deleted and
replaced with the table below.

EXHIBIT 1

[TOPAZ]GEMX CERTIFICATION OF COMMON RULES
    [Topaz]GEMX hereby certifies that the requirements contained in the
rules listed below for [Topaz]GEMX are identical to, or substantially
similar to, the comparable FINRA Rules or SEC Rules identified.
    # Common Rules shall not include provisions regarding (i) notice,
reporting or any other filings made directly to or from GEMX, (ii)
incorporations by reference to other GEMX Rules that are not Common
Rules, (iii) exercise of discretion in a manner that differs from
FINRA's exercise of discretion including, but not limited to exercise
of exemptive authority, by GEMX, (iv) prior written approval of GEMX,
and (v) payment of fees or fines to GEMX.

------------------------------------------------------------------------
               GEMX RULE                        FINRA or SEC RULE
------------------------------------------------------------------------
General 3, Section 3(b)--Persons         FINRA Rule 1010 Electronic
 Associated with Members; General 4--     Filing Requirements for
 Nasdaq Stock Market General 4, Rule      Uniform Forms; FINRA By-Laws
 1.1250 Electronic Filing Requirements    Article IV, Sec. 1(c)
 for Uniform Forms incorporated by        Application for Membership;
 reference .                             FINRA By-Laws, Article V,
                                          Section 1 Qualification
                                          Requirements; FINRA By-Laws,
                                          Article V, Sec. 2 Application
                                          for Registration; and FINRA By-
                                          Laws Article V, Section 3
                                          Notification by Member to the
                                          Corporation and Associated
                                          Person of Termination;
                                          Amendments to Notification

General 4--Nasdaq Stock Market General   FINRA Rule 1240 Continuing
 4, Section 1.1240 Continuing Education   Education Requirements
 Requirements incorporated by reference
 .
Options 9, Nasdaq ISE Options 9,         FINRA Rule 2010 Standards of
 Section 1 Just and Equitable             Commercial Honor and
 Principles of Trade incorporated by      Principles of Trade; FINRA
 reference \1\.                           Rule 0140(a) Applicability
Options 9--Nasdaq ISE Options 9,         Section 15(g) of the Securities
 Section 9(a)(1) Prevention of the        Exchange Act of 1934, and
 Misuse of Material, Nonpublic            FINRA Rule 3110(b)(1), (d)
 Information incorporated by reference    Supervision
 .
Options 9--Nasdaq ISE Options 9,         FINRA Rule 4530(a)(1)(A) and
 Section 10 Disciplinary Action by        (2) Reporting Requirements;
 Other Organizations incorporated by      FINRA By-Laws, Article V,
 reference .                             Section 2(c); and FINRA By-
                                          Laws, Article V, Section 3
Options 9--Nasdaq ISE Options 9,         FINRA Rule 3310 Anti-Money
 Section 21 Anti-Money Laundering         Laundering Compliance Program
 Compliance Program incorporated by
 reference .
Options 10--Nasdaq ISE Options 10,       Rule 17a-5 of the Securities
 Section 12 Statements of Financial       Exchange Act of 1934
 Condition to Customers incorporated by
 reference.
Options 10--Nasdaq ISE Options 10,       FINRA Rule 11870 Customer
 Section 19 Transfer of Accounts          Account Transfer Contracts
 incorporated by reference .
Options 10--Nasdaq ISE Options 10,       FINRA Rule 3230 Telemarketing
 Section 23 Telemarketing incorporated
 by reference.
Options 6E--Nasdaq ISE Options 6E,       FINRA Rule 4511(a) Books and
 Section 1 Maintenance, Retention, and    Records--Requirements
 Furnishing of Books, Records and Other
 Information incorporated by reference
 .
------------------------------------------------------------------------
\1\ FINRA shall not have Regulatory Responsibilities with respect to the
  Supplementary Material to Nasdaq ISE Options 9, Section 1.
  Responsibility for such shall remain with GEMX.

    In addition, the following provisions shall be part of this 17d-2
Agreement:
    SEA Rule 14e-4--Prohibited Transactions in Connection with Partial
Tender Offers [supcaret]
    [supcaret] FINRA shall perform surveillance, investigation, and
Enforcement Responsibilities for SEA Rule 14e-4(a)1)(ii)(D).

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing. 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 4-663 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number 4-663. 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 website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed plan that are filed with the
Commission, and all written communications relating to the proposed
plan 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 website 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 plan also will be available for inspection and
copying at the principal offices of FINRA and GEMX. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number 4-663 and should be submitted on or before
January 13, 2021.

V. Discussion

    The Commission finds that the proposed Amended Plan is consistent
with the factors set forth in Section 17(d) of the Act \12\ and Rule
17d-2(c) thereunder \13\ in that the proposed Amended Plan is necessary
or appropriate in the public interest and for the protection of
investors, fosters cooperation and coordination among SROs, and removes
impediments to and fosters the development of the national market
system. In particular, the Commission believes that the proposed
Amended Plan should reduce unnecessary regulatory duplication by
allocating to FINRA certain examination and enforcement
responsibilities for Common Members that would otherwise be performed
by both FINRA and GEMX. Accordingly, the proposed Amended Plan promotes
efficiency by reducing costs to Common Members. Furthermore, because
GEMX and FINRA will coordinate their regulatory functions in accordance
with the Amended Plan, the Amended Plan should promote investor
protection.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78q(d).
    \13\ 17 CFR 240.17d-2(c).
---------------------------------------------------------------------------

    The Commission notes that, under the Amended Plan, GEMX and FINRA
have allocated regulatory responsibility for those GEMX rules, set
forth in the Certification, that are substantially similar to the
applicable FINRA rules in that examination for compliance with such
provisions and rules would not require FINRA to develop one or more new
examination standards, modules, procedures, or criteria in order to
analyze the application of the rule, or a Common Member's activity,
conduct, or output in relation to such rule. In addition, under the
Amended Plan, FINRA would assume regulatory responsibility for certain
provisions of the federal securities laws and the rules and regulations
thereunder that are set forth in the Certification. The Common Rules
covered by the Amended Plan are specifically listed in the
Certification, as may be amended by the Parties from time to time.
    According to the Amended Plan, GEMX will review the Certification
at least annually, or more frequently if required by changes in either
the rules of GEMX or FINRA, and, if necessary, submit to FINRA an
updated list of Common Rules to add GEMX rules not included on the
then-current list of Common Rules that are substantially similar to
FINRA rules; delete GEMX

rules included in the then-current list of Common Rules that no longer
qualify as common rules; and confirm that the remaining rules on the
list of Common Rules continue to be GEMX rules that qualify as common
rules.\14\ FINRA will then confirm in writing whether the rules listed
in any updated list are Common Rules as defined in the Amended Plan.
Under the Amended Plan, GEMX also will provide FINRA with a current
list of Common Members and will update the list no less frequently than
once each quarter.\15\ The Commission believes that these provisions
are designed to provide for continuing communication between the
Parties to ensure the continued accuracy of the scope of the proposed
allocation of regulatory responsibility.
---------------------------------------------------------------------------

    \14\ See paragraph 2 of the Amended Plan.
    \15\ See paragraph 3 of the Amended Plan.
---------------------------------------------------------------------------

    The Commission is hereby declaring effective an Amended Plan that,
among other things, allocates regulatory responsibility to FINRA for
the oversight and enforcement of all GEMX rules that are substantially
similar to the rules of FINRA for Common Members of GEMX and FINRA.
Therefore, modifications to the Certification need not be filed with
the Commission as an amendment to the Amended Plan, provided that the
Parties are only adding to, deleting from, or confirming changes to
GEMX rules in the Certification in conformance with the definition of
Common Rules provided in the Amended Plan. However, should the Parties
decide to add a GEMX rule to the Certification that is not
substantially similar to a FINRA rule; delete a GEMX rule from the
Certification that is substantially similar to a FINRA rule; or leave
on the Certification a GEMX rule that is no longer substantially
similar to a FINRA rule, then such a change would constitute an
amendment to the Amended Plan, which must be filed with the Commission
pursuant to Rule 17d-2 under the Act.\16\
---------------------------------------------------------------------------

    \16\ The addition to or deletion from the Certification of any
federal securities laws, rules, and regulations for which FINRA
would bear responsibility under the Amended Plan for examining, and
enforcing compliance by, Common Members, also would constitute an
amendment to the Amended Plan.
---------------------------------------------------------------------------

    Under paragraph (c) of Rule 17d-2, the Commission may, after
appropriate notice and comment, declare a plan, or any part of a plan,
effective. In this instance, the Commission believes that appropriate
notice and comment can take place after the proposed amendment is
effective. The primary purpose of the amendment is to allocate
surveillance, investigation, and enforcement responsibilities for Rule
14e-4 under the Act, to reflect the name change of Topaz Exchange, LLC
to Nasdaq GEMX, LLC. By declaring it effective today, the Amended Plan
can become effective and be implemented without undue delay. The
Commission notes that the prior version of this plan immediately prior
to this proposed amendment was published for comment and the Commission
did not receive any comments thereon.\17\ Furthermore, the Commission
does not believe that the amendment to the plan raises any new
regulatory issues that the Commission has not previously considered.
---------------------------------------------------------------------------

    \17\ See supra note 11 (citing to Securities Exchange Act
Release No. 70228).
---------------------------------------------------------------------------

VI. Conclusion

    This order gives effect to the Amended Plan filed with the
Commission in File No. 4-663. The Parties shall notify all members
affected by the Amended Plan of their rights and obligations under the
Amended Plan.
    It is therefore ordered, pursuant to Section 17(d) of the Act, that
the Amended Plan in File No. 4-663, between the FINRA and GEMX, filed
pursuant to Rule 17d-2 under the Act, hereby is approved and declared
effective.
    It is further ordered that GEMX is relieved of those
responsibilities allocated to FINRA under the Amended Plan in File No.
4-663.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(34).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-28309 Filed 12-22-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 29, 2008 (Volume 73, Number 146)]
[Notices]
[Page 43942-43943]
[DOCID:fr29jy08-65]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0038]

Risk Communication Advisory Committee; Notice of Meeting

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public. All attendees should bring some form of
government-issued photo identification, such as a driver's license.
    Name of Committee: Risk Communication Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the agency on effective risk communication.
    Date and Time: The meeting will be held on August 14, 2008, from 8
a.m. to 5 p.m. and August 15, 2008, from 8 a.m. to 2 p.m.
    Location: Food and Drug Administration, Center for Drug Evaluation
and Research Advisory Committee Conference Room, rm. 1066, 5630 Fishers
Lane, Rockville, MD.
    Contact Person: Lee L. Zwanziger, Office of the Commissioner,
Office of Policy, Planning and Preparedness, Office of Planning (HFP-
60), Food and Drug Administration, 5600 Fishers Lane (for express
delivery: rm 15-22), Rockville, MD 20857,<PHONE_NUMBER>, FAX: 301-827-
3285, Food and Drug Administration, or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area), code<PHONE_NUMBER>. Please call the Information Line for up-to-date
information on this meeting. A notice in the Federal Register about
last minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the agency's Web site
and call the appropriate advisory committee hot line/phone line to
learn about possible modifications before coming to the meeting.
    Agenda: On August 14 and 15, 2008, the committee will meet for
presentations and discussion of the scientific basis for translating
principles of risk communication into practice in situations of
emerging and uncertain risk.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is or
will be available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm,
click on the year 2008 and scroll down to the appropriate advisory
committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
August 11, 2008. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. on August 14\th\ and 10:30 to
11:30 on August 15\th\. Those desiring to make formal oral
presentations should notify the contact person and should submit a
brief statement of the general nature of the evidence or arguments they
wish to present, the names and addresses of proposed participants, and
an indication of the approximate time requested to make their
presentation on or before August 7, 2008. Time allotted for each
presentation may be limited. If the number of registrants requesting to
speak is greater than can be reasonably accommodated during the
scheduled open public hearing session, FDA may conduct a lottery to
determine the speakers for the scheduled open public hearing session.
The contact person will

notify interested persons regarding their request to speak by August 8,
2008.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Lee L. Zwanziger at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/
default.htm for procedures on public conduct during advisory committee
meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: July 17, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8-17304 Filed 7-28-08; 8:45 am]

BILLING CODE 4160-01-S