[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Rules and Regulations]
[Pages 3679-3681]
[FR Doc No: 2019-02074]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-1032; Airspace Docket No. 17-ANM-4]
RIN 2120-AA66

Establishment of Class E Airspace, Amendment of Class D Airspace,
and Revocation of Class E Airspace; Tacoma, WA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E surface area airspace, and
Class E airspace extending upward from 700 feet above the surface at
Tacoma Narrows Airport, Tacoma, WA. This action removes Class E
airspace designated as an extension at Tacoma Narrows Airport.
Additionally, this action updates the geographic coordinates of the
airport and replaces the outdated term Airport/Facility Directory with
the term Chart Supplement in the Class D airspace description. These
changes are necessary to accommodate airspace redesign for the safety
and management of instrument flight rules (IFR) operations within the
National Airspace System.

DATES: Effective 0901 UTC, April 25, 2019. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, call
(202) 741-6030, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Bonnie Malgarini, Federal Aviation
Administration, Operations Support Group, Western Service Center, 2200
S 216th Street, Des Moines, WA 98198-6547; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace, amends Class D airspace, and
removes Class E airspace at Tacoma Narrows Airport, Tacoma, WA to
support IFR operations at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 4863; February 2, 2018) for Docket No. FAA-2017-1032 to
establish Class E surface area airspace, and Class E airspace extending
upward from 700 feet above the surface at Tacoma Narrows Airport,
Tacoma, WA, and remove Class E airspace designated as an extension at
the airport. After publication, an error was noted in the airspace
description of the north extension and in the description of the south
extension in the section of the preamble entitled, The Rule. The
description of the north extension should be applied to the south
extension and the description of the south extension should be applied
to the north extension. Correcting the errors produced no changes in
the legal description of the boundaries as the extensions are removed
by this action. Additionally, there was an error in the latitude
coordinates for Tacoma Narrows airport. It was listed as lat.
44[deg]16'05'' N, while the correct coordinates are lat. 47[deg]16'05''
N.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. Two
comments were received, supporting the proposal.
    While the Aircraft Owners and Pilots Association (AOPA) supported
this proposal, they stated that the NPRM did not comply with FAA
guidance in Order 7400.2, Procedures for Handling Airspace Matters,
because a graphic was not included in the docket. Additionally, AOPA
encouraged the FAA to follow their guidance in the Order by making the
action effective date coincidental to the sectional chart publication
date.
    The FAA has determined AOPA's comments raised no substantive issues
with respect to the proposed changes to the airspace addressed in the
NPRM. To the extent the FAA failed to follow its policy guidance
reference publishing graphics in the docket and establishing the Class
D airspace effective date to match the sectional chart date, we note
the following.
    With respect to AOPA's comment addressing graphics, FAA Order
74002.L, para 2-3-3.c. requires the official docket to include
available graphics. For this airspace action, a graphic was produced
and placed in the docket on February 15, 2018.
    Specific to AOPA's comment regarding the FAA already creating a
graphical depiction of new or modified airspace overlaid on a Sectional
Chart for quality assurance purposes, this is not correct nor required
in all cases. During the airspace reviews, airspace graphics may be
created, if deemed necessary, to determine if there are any terrain
issues, or if cases are considered complex. However, in many cases when
developing an airspace amendment proposal, a graphic is not needed. It
was unclear if the graphic AOPA argued was already created with a
sectional chart background was actually the airspace graphic created by
the Aeronautical Informational Services office in preparation of
publishing the sectional charts. However, that graphic is normally
created after the rulemaking determination is published.
    With respect to AOPA's comment addressing effective dates, FAA
Order 7400.2L, para 2-3-7.a.4. states that, to the extent practicable,
Class D airspace area and restricted area rules should become effective
on a sectional chart date and that consideration should be given to
selecting a sectional chart date that matches a 56-day en route chart
cycle date. The FAA does consider publishing Class D airspace amendment
effective dates to coincide with the publication of sectional charts,
to the extent practicable; however, this consideration is accomplished
after the NPRM comment period ends. Substantive comments received to
NPRMs, flight safety concerns, management of IFR operations at affected
airports, and immediacy of requiring proposed airspace amendments are
some of the factors that must be taken into consideration when

selecting the appropriate effective date. After considering all
factors, the FAA may determine that selecting an effective date that
conforms to a 56-day en route chart cycle date that is not coincidental
to sectional chart dates is better for the NAS and users than awaiting
the next sectional chart date.
    Class D and E airspace designations are published in paragraph
5000, 6002, 6004, and 6005, respectively, of FAA Order 7400.11C, dated
August 13, 2018, and effective September 15, 2018, which is
incorporated by reference in 14 CFR 71.1. The Class D and E airspace
designation listed in this document will be published subsequently in
the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 modifies Class D airspace, establishes Class E surface area
airspace, removes Class E airspace designated as an extension to a
Class D or Class E surface area, and establishes Class E airspace
extending upward from 700 feet above the surface at Tacoma Narrows
Airport, Tacoma, WA.
    Class D airspace is modified to add a small extension south of the
airport within 1.7 miles each side of a 189[deg] bearing from the
airport extending from the 4-mile radius to 5.3 miles south of the
airport.
    Class E surface area airspace is established coincident with the
dimensions of the Class D airspace and effective during the hours when
the Class D is not in effect to protect IFR operations continuously.
    Class E airspace designated as an extension is removed as the
extension north of the airport (within 1.8 miles each side of the
187[deg] bearing from Scenn OM extending from the 4-mile radius to 1
mile south of the OM) protects no arrival aircraft within 1,000 feet of
the surface. Also, the extension to the south (within 1.8 miles each
side of the 009[deg] bearing from the Graye NDB extending from the 4-
mile radius to .9 miles north of the NDB; excluding that airspace
within the Tacoma, McChord AFB, WA, Class D airspace area) protects no
arrival aircraft within 1,000 feet of the surface beyond 5.3 miles
south of the airport. By eliminating the unnecessary airspace, the
remaining extension to the south is less than 2 nautical miles in
length, and must be Class D.
    Class E airspace extending upward from 700 feet is established at
Tacoma Narrows Airport within 4 miles each side of the 007[deg] and
187[deg] bearings, respectively, from the airport extending to 8 miles
north and 7 miles south of the airport. This new airspace duplicates
the larger Seattle Class E airspace area, and ensures sufficient
airspace is designated for Tacoma Narrows Airport in case of any future
modification.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ANM WA D Tacoma, WA [Amended]

Tacoma Narrows Airport, WA
    (Lat. 47[deg]16'05'' N, long. 122[deg]34'41'' W)

    That airspace extending upward from the surface to and including
2,800 feet MSL within a 4-mile radius of Tacoma Narrows Airport, and
within 1.7 miles each side of the 189[deg] bearing from the airport
extending from the 4-mile radius to 5.3 miles south of the airport,
excluding that airspace within the Tacoma, McChord AFB, WA, Class D
airspace area. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ANM WA E2 Tacoma, WA [New]

Tacoma Narrows Airport, WA
    (Lat. 47[deg]16'05'' N, long. 122[deg]34'41'' W)

    That airspace extending upward from the surface within a 4-mile
radius of the Tacoma Narrows Airport, and within 1.7 miles each side
of the 189[deg] bearing from the airport extending from the 4-mile
radius to 5.3 miles south of the airport, excluding that airspace
within the Tacoma, McChord AFB, WA, Class D airspace area. This
Class E airspace area is effective during the specific dates and
times established in advance by a Notice to Airmen. The effective
date and time will thereafter be continuously published in the Chart
Supplement.
* * * * *

ANM WA E4 Tacoma, WA [Removed]

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM WA E5 Tacoma, WA [New]

Tacoma Narrows Airport, WA
    (Lat. 47[deg]16'05'' N, long. 122[deg]34'41'' W)

    That airspace extending upward from 700 feet above the surface
within 4 miles each

side of the 007[deg] bearing from the Tacoma Narrows Airport
extending to 8 miles north of the airport, and within 4 miles each
side of a 187[deg] bearing from the airport extending to 7 miles
south of the airport.

    Issued in Seattle, Washington, on January 31, 2019.
Shawn M. Kozica,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2019-02074 Filed 2-12-19; 8:45 am]
BILLING CODE 4910-13-P


CODE OF FEDERAL REGULATIONS AFFECTING ICR ENTITLED HAZARDOUS WASTE SPECIFIC UNIT REQUIREMENTS, AND SPECIAL WASTE PROCESSES AND TYPES  1572.06 40 CFR 264.571( b) and( c) 40 CFR Part 2, Subpart B 40 CFR Part 60 40 CFR 264.280( a)( 8) and ( c) 40 CFR 265.1101( c)( 3) and ( c)( 4) 40 CFR 264.1052( d)( 5)( ii) 40 CFR 264.1062( b)( 2) or ( b)( 3) 40 CFR 264.1035( b)( 4) 40 CFR 264.1035( c)( 4) 40 CFR 265.1052( d)( 5)( ii) 40 CFR 264.1064( b)( 4) 40 CFR 264.1101( b)( 4) 40 CFR 264.1101( b)( 4)( i) and ( ii) 40 CFR 264.1101( c)( 4) 40 CFR 264.573( a)( 4)( ii) 40 CFR 261 40 CFR Part 261, Subpart D 40 CFR 261.1( c) 40 CFR 264.1033( f)( 1) and ( f)( 2) 40 CFR 264.1033( h)( 1) and ( h)( 2) 40 CFR 265.1035( b)( 4) 40 CFR 264.1035( b)( 3) 40 CFR 264.1062( d)( 3) 40 CFR 264.1063( d)( 3) 40 CFR 265.1064( b)( 4) 40 CFR 264.1064( b)( 3) 40 CFR 265.1101( b)( 4) 40 CFR 265.1101( b)( 4)( i) and ( ii) 40 CFR 265.1101( c)( 4) 40 CFR 264.1101( c)( 3) 40 CFR 264.1101( c)( 3)( i) 40 CFR 264.1101( c)( 3)( i)( a) 40 CFR 264.1101( c)( 3)( i)( c) 40 CFR 264.1101( c)( 3)( i)( d) 40 CFR 264.1101( c)( 3)( i)( d)( iii) 40 CFR 265.1101( b)( 4)( i) and ( ii) 40 CFR 265.1101( c)( 4) 40 CFR 264.1101( c)( 3) 40 CFR 264.1101( c)( 3)( i) 40 CFR 264.1101( c)( 3)( i)( a) 40 CFR 264.193( e)( 3) 40 CFR 261.35( b) and ( c) 40 CFR 265.403( a)( 4) 40 CFR 264.573( b)( 3) 40 CFR 264.1033( a)( 2) 40 CFR 264.1033( h)( 2) 40 CFR 264.1034( d)( 2) 40 CFR 265.1035( b)( 3) 40 CFR 264.1053( e)( 2) 40 CFR 265.1062( b)( 3) 40 CFR 264.1062( a)( 2) 40 CFR 265.1062( d)( 3) 40 CFR 265.1063( d)( 3) 40 CFR 265.1064( b)( 3) 40 CFR 264.1064( b)( 2) 40 CFR 265.1101( c)( 3)( i) 40 CFR 265.1101( c)( 3)( i)( a) 40 CFR 265.1101( c)( 3)( i)( c) 40 CFR 265.1101( c)( 3)( i)( d) 40 CFR 265.1101( c)( 3)( i)( d)( iii) 40 CFR 265.1101( d)( 3) 40 CFR 264.1101( c)( 2) 40 CFR 265.193( e)( 3) 40 CFR 265.226( b)( 3) 40 CFR 264.276( b)( 2)( iii) 40 CFR 264.343( a)( 2) 40 CFR 265.403( a)( 3) 40 CFR 265.1033( a)( 2) 40 CFR 264.1033( 1) 40 CFR 264.1033( h)( 1) 40 CFR 265.1034( d)( 2) 40 CFR 265.1035( b)( 2) 40 CFR 265.1053( e)( 2) 40 CFR 264.1061( b)( 1) 40 CFR 265.1062( a)( 2) 40 CFR 265.1062( b)( 2) 40 CFR 265.1064( b)( 2) 40 CFR 264.1064( b)( 1) 40 CFR 265.1101( c)( 2) 40 CFR 265.225( 2)( i) 40 CFR 264.226( d)( 1) 40 CFR 265.276( c)( 2)( iii) 40 CFR 265.301( d)( 2)( ii) 40 CFR 264.303( c)( 1) 40 CFR 265.403( a)( 2) 40 CFR 264.570( c)( 1) 40 CFR 264, Subpart I 40 CFR 264, Subpart W 40 CFR Part 264, Subpart X 40 CFR 264.1032( a) 40 CFR 264.1032 40 CFR 265.1033( f)( 1) through k 40 CFR 264.1033 40 CFR 264.1033 ( f) through ( k) 40 CFR 264.1033( o) 40 CFR 264.1033( d) 40 CFR 264.1033( g) 40 CFR 265.1035( b)( 1) 40 CFR 264.1035( b) through ( f) 40 CFR 264.1036 40 CFR 264.1052 40 CFR 264.1052( e) 40 CFR 264.1052( c) 40 CFR 264.1053 40 CFR 264.1053( i) 40 CFR 264.1053( g) 40 CFR 264.1054( a) 40 CFR 264.1054 40 CFR 264.1055 40 CFR 264.1057 40 CFR 264.1057( a) through ( h) 40 CFR 264.1058 40 CFR 264.1058( a) 40 CFR 264.1059( c) 40 CFR 264.1060 40 CFR 264.1061( a) 40 CFR 265.1061( b)( 1) 40 CFR 264.1061( d) 40 CFR 264.1062 40 CFR 264.1063( b) 40 CFR 265.1064( b)( 1) 40 CFR 264.1064( b) through ( m) 40 CFR 264.1065 40 CFR 264.1101( a) through ( c) 40 CFR 264.1101( e) 40 CFR 264.113( e) 40 CFR 264.15 40 CFR 264.174 40 CFR 264.190( a) 40 CFR 264.191 40 CFR 264.192 40 CFR 264.193( i) 40 CFR 264.193( d) 40 CFR 264.193( g) 40 CFR 264.193 40 CFR 264.195 40 CFR 264.196( b) 40 CFR 264.196( d) and ( f) 40 CFR 264.197( a) 40 CFR 264.197( b) 40 CFR 264.221 40 CFR 264.222( c) 40 CFR 264.223( b) 40 CFR 264.223( c) 40 CFR 265.226( b)( 1) 40 CFR 264.226( c) 40 CFR 264.226( c) ( 1) and ( 2) 40 CFR 264.227 40 CFR 264.227( a) 40 CFR 264.231( a) 40 CFR 264.251 40 CFR 264.251( a) 40 CFR 264.251( b) 40 CFR 264.252( c) 40 CFR 264.253( b) and ( c) 40 CFR 264.254 40 CFR 264.254( c) 40 CFR 264.259( a) 40 CFR 264.276 40 CFR 265.276( b)( 1) 40 CFR 264.278( g) and ( h) 40 CFR 264.280( a) through ( d) 40 CFR 264.283 40 CFR 264.301( b) 40 CFR 264.302( c) 40 CFR 264.304( b) and ( c) 40 CFR 264.310 40 CFR 264.314( c) 40 CFR 264.314( e) 40 CFR 264.317 ( a) 40 CFR 264.340( b) 40 CFR 264.347( d) 40 CFR 265.352( b)( 1) 40 CFR 265.353( b)( 1) 40 CFR 265.383( a)( 1) 40 CFR 265.403( a)( 1) 40 CFR 265.440( c)( 1) 40 CFR 264.443( n) 40 CFR 264.570 40 CFR 264.571( a) through ( c) 40 CFR 264.573( a) through ( m) 40 CFR 264.573 40 CFR 264.574 40 CFR 264.602 40 CFR 264.75 40 CFR 264.76 40 CFR 264 .77 40 CFR Part 265, Subpart X 40 CFR Part 265, Subpart K 40 CFR Part 265, Subpart P 40 CFR Part 265, Subpart Q 40 CFR 265.1032 40 CFR 265.1032( a) 40 CFR 265.1033( f) through ( j) 40 CFR 265.1033 40 CFR 265.1033( n) 40 CFR 265.1035( b) through ( f) 40 CFR 265.1052 40 CFR 265.1052( e) 40 CFR 265.1053 40 CFR 265.1053( i) 40 CFR 265.1057 40 CFR 265.1057( f), ( g) and ( h) 40 CFR 265.1057( a) through ( e) 40 CFR 265.1058 40 CFR 265.1059( c) 40 CFR 265.1060 40 CFR 265.1061( a) 40 CFR 265.1061 40 CFR 265.1061( d) 40 CFR 265.1062 40 CFR 265.1063( b) 40 CFR 265.1064( d) 40 CFR 265.1064( b) through ( m) 40 CFR 265.1101( a) through ( c) 40 CFR 265.1101( e) 40 CFR 265.113( e) 40 CFR 265.115 40 CFR 265.174 40 CFR 265.190 ( a) 40 CFR 265.191 40 CFR 265.192 40 CFR 265.193( d) 40 CFR 265.193( i) 40 CFR 265.193 40 CFR 265.193( g) 40 CFR 265.194( a) 40 CFR 265.195 40 CFR 265.196( b) 40 CFR 265.196( d) and ( f) 40 CFR 265.197( a) 40 CFR 265.197( b) 40 CFR 265.221 40 CFR 265.222 40 CFR 265.222( a) 40 CFR 265.222( c) 40 CFR 265.223( a) 40 CFR 265.223( b) 40 CFR 265.223( c) 40 CFR 265.229( b) 40 CFR 265.254 40 CFR 265.255( a) 40 CFR 265.255( c) 40 CFR 265.259( a) through ( c) 40 CFR 265.260 40 CFR 265.276( a) 40 CFR 265.276 40 CFR 265.278( d) 40 CFR 265.278 40 CFR 265.280( e) 40 CFR 265.301( b) 40 CFR 265.302( a) 40 CFR 265.302( c) 40 CFR 265.303( a) through ( c) 40 CFR 265.304( b) 40 CFR 265.304( c) 40 CFR 265.310 40 CFR 265.314( d) 40 CFR 265.314( f) 40 CFR 265.340( b) 40 CFR 265.401( a)( b) 40 CFR 265.402 40 CFR 265.403 40 CFR 265.441( a) 40 CFR 265.441( b) and ( c) 40 CFR 265.443( a) through ( n) 40 CFR 265.444 40 CFR Part 266 40 CFR Part 266, Subpart F 40 CFR 266.70( c) 40 CFR Part 270 40 CFR Parts 264 and 265, Subpart AA 40 CFR Part 264 and 265 Subpart BB 40 CFR Parts 264 and 265, Subpart DD 40 CFR Parts 264 and 265, Subpart J 40 CFR Parts 264 and 265, Subpart L 40 CFR Parts 264 and 265, Subpart O 40 CFR Parts 264 and 265, Subpart W 40 CFR 40 CFR Parts 264 and 265, Subpart N 40 CFR Parts 261, 264 and 265, Subpart I through DD 40 CFR 264.231( a) 264 and 265, Subpart L Revised January 20, 2004


[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Proposed Rules]
[Pages 61083-61085]
[FR Doc No: 2021-24056]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0662; Project Identifier MCAI-2021-00031-E]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
(Type Certificate Previously Held by Rolls-Royce plc) Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM)
that applied to certain Rolls-Royce Deutschland Ltd & Co KG (RRD) Trent
1000 model turbofan engines. This action revises the NPRM by reopening
the comment period because the NPRM was placed in incorrect Docket No.
FAA-2021-0637 instead of Docket No. FAA-2021-0662. The FAA is proposing
this airworthiness directive (AD) to address the unsafe condition on
these products. Since commenters experienced difficulties in commenting
on the NPRM, the FAA is requesting comments on this SNPRM.

DATES: The FAA must receive comments on this SNPRM by December 20,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this SNPRM, contact Rolls-
Royce plc, Corporate Communications, P.O. Box 31, Derby, DE24 8BJ,
United Kingdom; phone: +44 (0)1332 242424; fax: +44 (0)1332 249936;
website: https://www.rolls-royce.com/contact-us.aspx. You may view this
service information at the FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803.
For information on the availability of this material at the FAA, call
(781) 238-7759.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0662; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this SNPRM, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Kevin Clark, Aviation Safety Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
(781) 238-7088; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0662; Project Identifier
MCAI-2021-00031-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this SNPRM contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this SNPRM, it is important that you clearly designate
the submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN.'' The FAA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this SNPRM. Submissions containing CBI should
be sent to Kevin Clark, Aviation Safety Engineer, ECO Branch, FAA, 1200
District Avenue, Burlington, MA 01803. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to RRD Trent 1000-AE3, Trent 1000-CE3, Trent 1000-D3, Trent
1000-G3, Trent 1000-H3, Trent 1000-J3, Trent 1000-K3, Trent 1000-L3,
Trent 1000-M3, Trent 1000-N3, Trent 1000-P3, Trent 1000-Q3, and Trent
1000-R3 model turbofan engines. The NPRM published in the Federal
Register on August 13, 2021 (86 FR 44655). The NPRM was prompted by
reports of high levels of wear on the seal fins on a small number of
certain high-pressure turbine triple seals. In the NPRM, the FAA
proposed to require manual deactivation of the modulated air system
(MAS) control valves.
    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA AD 2021-0009, dated January 8, 2021 (referred to after this
as ``the MCAI''), to address the unsafe condition on these products.
The MCAI states:

    The Modulated Air System (MAS) optimises cooling air, extracted
from the compressor, where full flow is not required at cruise
conditions. It is only active during cruise. Recently, occurrences
have been reported of finding high levels of wear on the seal fins
on a small number of high pressure turbine triple seals, Part Number
FW34485. The effect on the secondary air system was conservatively
assessed due to the resultant increased turbine cooling air leakage,
which changes the cooling flow around the intermediate pressure (IP)
turbine disc.
    This condition, if not corrected, could lead to temperature
increase at the IP turbine disc rim when the MAS is active, possibly
resulting in IP turbine disc failure and high energy debris release,
with consequent damage to, and reduced control of, the aeroplane.
    To address this potential unsafe condition, Rolls-Royce has
issued the NMSB, providing instructions to manually `lock-out'
(deactivate) the MAS control valves.
    For the reason described above, this [EASA] AD requires to
deactivate the MAS control valves. This [EASA] AD also specifies
that the Master Minimum Equipment List (MMEL) item for `MAS
inoperative', which has a limit of 120 days, does not apply when the
system is manually deactivated.

    You may obtain further information by examining the MCAI in the AD

docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0662.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, the FAA determined the NPRM was
inadvertently placed in incorrect Docket No. FAA-2021-0637 instead of
Docket No. FAA-2021-0662. The FAA received information that the public
had difficulty commenting on the NPRM.

Comments

    The FAA received comments on the NPRM from two commenters. The
following presents the comments received on the NPRM and the FAA's
response to each comment.

Request To Revise the Unsafe Condition

    The Boeing Company (Boeing) requested the FAA revise paragraph (e),
Unsafe Condition, of the NPRM to accurately reflect the effect of the
AD on the unsafe condition. Boeing suggested revising paragraph (e) to
state ``This AD was prompted by reports of high levels of wear on the
seal fins on a small number of certain high-pressure turbine (HPT)
triple seals. This condition, if not addressed, could lead to
temperature increase at the Intermediate Pressure (IP) turbine disk rim
when the Modulated Air System (MAS) is active during cruise, possibly
resulting in failure of the IP turbine disk, loss of engine thrust
control, and loss of the airplane. The FAA is issuing this AD to
restore cooling airflow to the IP turbine disk rim during cruise by
deactivating MAS.'' Boeing reasoned that the AD action to deactivate
the MAS does not prevent wear on the HPT triple seal fins. Deactivating
the MAS restores cooling airflow to the intermediate-pressure turbine
(IPT) disk rim during cruise.
    The FAA updated paragraph (e) of this proposed AD by stating,
``This AD was prompted by reports of high levels of wear on the seal
fins on a small number of certain high-pressure turbine triple seals.
The FAA is issuing this AD to ensure cooling airflow restoration to the
intermediate-pressure turbine (IPT) disk rim during cruise by
deactivating the modulated air system (MAS). The unsafe condition, if
not addressed, could result in a temperature increase at the IPT disk
rim, when the MAS is active during cruise, resulting in failure of the
IPT disk, loss of engine thrust control, and loss of the airplane.''

Request To Correct Part Number Reference

    Rolls-Royce notified the FAA that the preamble of the NPRM
incorrectly identifies the HPT triple seal part number (P/N) as FW3448,
whereas the correct identification is FW34485.
    The FAA agrees and has revised the Background section of this
proposed AD by correcting the reference to the HPT triple seal P/N from
FW3448 to FW34485.

FAA's Determination

    This product has been approved by EASA and is approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Community, EASA has notified the FAA of the
unsafe condition described in the MCAI and service information. The FAA
is proposing this AD because the agency evaluated all the relevant
information provided by EASA and determined the unsafe condition
described previously is likely to exist or develop in other products of
the same type design. The public had difficulty commenting on the NPRM.
As a result, the FAA has determined that it is necessary to reopen the
comment period to provide opportunity for the public to comment on this
SNPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Rolls-Royce Alert Non-Modification Service
Bulletin Trent 1000 75-AK642, Initial Issue, dated November 30, 2020.
The service information specifies procedures for deactivating the MAS
control valves. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in ADDRESSES.

Proposed Requirements in This SNPRM

    This proposed AD would require manual deactivation of the MAS
control valves. Manual deactivation of the MAS control valves changes
the engine to an approved configuration that will produce engine
indicating and crew alerting system (EICAS) status messages that do not
indicate inoperative (failed) equipment. Consequently, when these
messages are displayed, the operator's existing FAA-approved minimum
equipment list (MEL) instructions and limitations, including the 120-
day operation limitation, do not apply.

Interim Action

    The FAA considers this proposed AD would be an interim action. If
final action is later identified, the FAA might consider additional
rulemaking.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 4 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Deactivate the MAS control valves.....  2 work-hours x $85 per                $0            $170            $680
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Rolls-Royce Deutschland Ltd & Co KG (Type Certificate previously
held by Rolls-Royce plc): Docket No. FAA-2021-0662; Project
Identifier MCAI-2021-00031-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by December 20, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG (RRD)
(Type Certificate previously held by Rolls-Royce plc) Trent 1000-
AE3, Trent 1000-CE3, Trent 1000-D3, Trent 1000-G3, Trent 1000-H3,
Trent 1000-J3, Trent 1000-K3, Trent 1000-L3, Trent 1000-M3, Trent
1000-N3, Trent 1000-P3, Trent 1000-Q3, and Trent 1000-R3 model
turbofan engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by reports of high levels of wear on the
seal fins on a small number of certain high-pressure turbine triple
seals. The FAA is issuing this AD to ensure cooling airflow
restoration to the intermediate-pressure turbine (IPT) disk rim
during cruise by deactivating the modulated air system (MAS). The
unsafe condition, if not addressed, could result in a temperature
increase at the IPT disk rim when the MAS is active during cruise,
resulting in failure of the IPT disk, loss of engine thrust control,
and loss of the airplane.

(f) Compliance

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

(g) Required Actions

    Within the compliance time specified in figure 1 to paragraph
(g) of this AD, deactivate the MAS control valves using the
Accomplishment Instructions, paragraphs 3.A.(6) and 3.A.(7), of
Rolls-Royce Alert Non-Modification Service Bulletin Trent 1000 75-
AK642, Initial Issue, dated November 30, 2020.
    Note 1 to paragraph (g): Deactivation of the MAS control valves
on an engine required by paragraph (g) of this AD changes the engine
to an approved configuration that will produce engine indicating and
crew alerting system (EICAS) status messages ``ENG MAS VALVE L/R''
and ``ENG MAS SYS TEST L/R.'' Since MAS is purposely disabled after
compliance with paragraph (g) of this AD, these status messages do
not indicate inoperative (failed) equipment and, consequently, the
operator's existing FAA-approved minimum equipment list (MEL)
instructions and limitations, including the 120-day operation
limitation, do not apply.
    Note 2 to paragraph (g): Deactivation of the MAS control valves
on an engine as required by paragraph (g) of this AD does not
produce the EICAS status message ``ENG MAS VALVE SENSOR L/R.''
Consequently, when this EICAS message displays, it remains
indicative of inoperative equipment, even if the MAS has been
disabled as required by paragraph (g) of this AD. As a result, the
corresponding MEL instructions and limitations apply whenever the
EICAS status message ``ENG MAS VALVE SENSOR L/R'' is displayed.
[GRAPHIC] [TIFF OMITTED] TP05NO21.033

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ECO Branch, send it to the attention of the person identified in
paragraph (i)(1) of this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Kevin Clark,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD
2021-0009, dated January 8, 2021, for more information. You may
examine the EASA AD in the AD docket at https://www.regulations.gov
by searching for and locating it in Docket No. FAA-2021-0662.
    (3) For service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, DE24
8BJ, United Kingdom; phone: +44 (0)1332 242424; fax: +44 (0)1332
249936; website: https://www.rolls-royce.com/contact-us.aspx. You
may view this referenced service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on October 29, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-24056 Filed 11-4-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Notices]
[Pages 60553-60555]
[FR Doc No: 2014-23839]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73280; File No. SR-NYSEMKT-2014-81]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing of
Proposed Rule Change Amending Rule 902.1NY To Authorize the Exchange To
Share Any User-Designated Risk Settings in Exchange Systems With the
Clearing Member That Clears Transactions on Behalf of the User

October 1, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on September 19, 2014, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rule 902.1NY (Admission to the
System) to authorize the Exchange to share any User-designated risk
settings in Exchange systems with the Clearing Member that clears
transactions on behalf of the User. The text of the

proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend Rule 902.1NY (Admission to the
System) to authorize the Exchange to share any User-designated risk
settings in Exchange systems with the Clearing Member that clears
transactions on behalf of the User.
    Rule 902.1NY states that ``[u]nless otherwise provided in the
Rules, no one but a User shall effect any transaction on the System.''
\4\ ``System'' refers to the Exchange System facility.\5\ The Exchange
proposes to amend the current rule by adding the following sentence:
``The Exchange may share any User-designated risk settings in the
System with the Clearing Member that clears transactions on behalf of
the User.'' \6\ A ``User'' is ``any ATP Holder that is authorized to
obtain access to the System pursuant to Rule 902.1NY.'' \7\
---------------------------------------------------------------------------

    \4\ See Rule 902.1NY.
    \5\ See Rule 900.1NY.
    \6\ See proposed Rule 902.1NY.
    \7\ See Rule 900.2NY(87).
---------------------------------------------------------------------------

    Each User that transacts through a Clearing Member on the Exchange
executes a Clearing Letter of Consent, which ``shall be deemed a letter
of guarantee, letter of authorization, or notice of consent pursuant to
NYSE MKT Rules and may be relied upon by NYSE Amex Options, the
[National Securities Clearing Corporation], the [Options Clearing
Corporation], and their respective members.'' \8\ The Exchange believes
that because Clearing Members that execute a Clearing Letter of Consent
guarantee all transactions of those Users, and therefore bear the risk
associated with those transactions, it is appropriate for Clearing
Members to have knowledge of what risk settings a User may utilize
within Exchange systems.
---------------------------------------------------------------------------

    \8\ See NYSE Amex Options ATP Application, Section 8 (Clearing
Letter of Consent), available here, https://www.nyse.com/publicdocs/nyse/markets/amex-options/ATP_Application.pdf.
---------------------------------------------------------------------------

    At this time, the risk settings covered by this proposal are set
forth in Rule 6.40 [sic] (Risk Limitation Mechanism).\9\ Pursuant to
Rule 928NY(b)-(d), Users may set certain risk control thresholds in the
Risk Limitation Mechanism, which are designed to mitigate the potential
risks of multiple executions against a User's trading interest that, in
today's highly automated and electronic trading environment, can occur
simultaneously across multiple series and multiple option classes. As
proposed, the Exchange may share a User's Risk Limitation Mechanism
settings with the Clearing Member that guarantees the User's
transactions on the Exchange, and therefore has a financial interest in
understanding the risk tolerance of the User.
---------------------------------------------------------------------------

    \9\ The Exchange may adopt additional rules providing for User-
enabled risk settings that would be covered under this proposal. The
Exchange will announce via Trader Update any additional risk
settings (i.e., other than Rule 928NY(b)-(d)) that are adopted and
covered by proposed Rule 902.1NY.
---------------------------------------------------------------------------

    Because the Clearing Letter of Consent codifies relationships
between each User and Clearing Member, the Exchange is on notice of
which Clearing Members have relationships with which Users. The
proposed rule change would simply provide the Exchange with authority
to directly provide Clearing Members with information that may
otherwise be available to such Clearing Members by virtue of their
relationship with the respective Users.
2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Securities Exchange Act of 1934 (the ``Act''), in general, and
furthers the objectives of Section 6(b)(5),\10\ which requires the
rules of an exchange to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change removes
impediments to and perfects the mechanism of a free and open market by
codifying that the Exchange can directly furnish to Clearing Members
that guarantee that User's transactions on the Exchange the User-
designated risk settings in OX, including Risk Limitation Mechanism
settings, which are designed to mitigate the potential risks of
multiple executions against a User's trading interest that, in today's
highly automated and electronic trading environment, can occur
simultaneously across multiple series and multiple option classes. The
Exchange believes that the proposal is consistent with the protection
of investors and the public interests because it will permit Clearing
Members with a financial interest in a User's risk settings to better
monitor and manage the potential risks assumed by Users with whom the
Clearing Member has entered into a Clearing Letter of Consent, thereby
providing Clearing Members with greater control and flexibility over
setting their own risk tolerance and exposure.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues, but would provide
authority for the Exchange to directly share risk settings with
Clearing Members regarding the Users with whom the Clearing Member has
executed a Clearing Letter of Consent so the Clearing Member can better
monitor and manage the potential risks assumed by these Users, thereby
providing them with greater control and flexibility over setting their
own risk tolerance and exposure. Nonetheless, the proposal does not
pose an undue burden on non-Clearing Members because, unlike Clearing
Members, non-Clearing Members do not guarantee the execution of the
User transactions on the Exchange. The proposal is structured to offer
the same enhancement to all Clearing Members, regardless of size, and
would not impose a competitive burden on any participant.

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

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 45 days of the date of publication of this notice in the
Federal

Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

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-NYSEMKT-2014-81 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2014-81. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2014-81, and should
be submitted on or before October 28, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-23839 Filed 10-6-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Page 17425]
[FR Doc No: 2017-07242]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 67-131]

Southern California Edison Company; Notice of Application for
Temporary Variance Accepted for Filing, Soliciting Comments, Motions To
Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Proceeding: Request for temporary variance of the
minimum reservoir elevation requirement for Florence Lake, pursuant to
Article 37(a) of the Big Creek No. 2A, 8, and Eastwood Hydroelectric
Project.
    b. Project No.: 67-131.
    c. Date Filed: March 17, 2017.
    d. Licensee: Southern California Edison Company.
    e. Name of Project: Big Creek No. 2A, 8, and Eastwood Project.
    f. Location: The project is located on various streams which are
tributaries of the San Joaquin River in Fresno County, California. The
project occupies federal lands within the Sierra National Forest.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Licensee Contact: Mr. Wayne Allen, Southern California Edison
Company, 1515 Walnut Grove Avenue, Rosemead, California 91770,
<EMAIL_ADDRESS>or Jay Kimbler at<EMAIL_ADDRESS>    i. FERC Contact: Ms. Diana Shannon,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, interventions, and protests is 30
days from the issuance date of this notice by the Commission. The
Commission strongly encourages electronic filing. Please file motions
to intervene, protests and comments using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. The first page of any filing should
include docket number P-67-131.
    k. Description of Request: The licensee requests a temporary
variance of its minimum reservoir elevation requirement at Florence
Lake, pursuant to Article 37(a) of the license which requires an
elevation of 7,276.6 feet during the recreation season (July 1 through
August 31) and a minimum reservoir elevation of 7,232.6 feet during the
remainder of the year. The licensee requests a variance to allow
Florence Lake to be drawn down below elevation 7,276.6 feet during the
entire 2017 recreation season, to facilitate the installation of a
geomembrane liner on the bottom half of the upstream face of Florence
Lake Dam. This will enable crews to access the lower portions of the
dam, excavate sediment where necessary, and seal the bottom of the
membrane liner. The licensee states that a variance from the non-
recreation season minimum pool requirement will not be required as the
lake will be maintained at or above 7,232.6 feet for the remainder of
the year. The licensee has consulted with the resource agencies and the
U.S. Army Corps of Engineers regarding this proposal.
    l. This filing may be viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number
excluding the last three digits in the docket number field to access
the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and
issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or email<EMAIL_ADDRESS>for TTY, call
(202) 502-8659. A copy is also available for inspection and
reproduction in the Commission's Public Reference Room located at 888
First Street NE., Room 2A, Washington, DC 20426, or by calling (202)
502-8371.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.212 and .214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
the temporary variance that is the subject of this notice. Agencies may
obtain copies of the application directly from the applicant. A copy of
any protest or motion to intervene must be served upon each
representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: April 5, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-07242 Filed 4-10-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 5 (Wednesday, January 8, 2020)]
[Notices]
[Pages 889-890]
[FR Doc No: 2020-00088]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC19-100-000.
    Applicants: Tucson Electric Power Company.
    Description: Informational Filing [copy of executed confirmations
and unaffiliated third party] of Tucson Electric Power Company.
    Filed Date: 12/23/19.
    Accession Number: 20191223-5333.
    Comments Due: 5 p.m. ET 1/13/20.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2822-017; ER16-1250-009; ER10-2828-006; ER10-
2285-007; ER17-1241-001; ER16-2285-004; ER10-2423-009; ER10-2404-009;
ER10-2812-015; ER10-1291-022; ER10-2843-014; ER12-2649-005; ER10-1725-
005; ER10-3001-006; ER10-3002-006; ER10-3004-007; ER12-422-007; ER10-
2301-005; ER19-2361-001; ER10-3010-006; ER10-2306-005; ER12-96-009;
ER10-3031-006; ER10-3160-004; ER16-1637-003.
    Applicants: Atlantic Renewable Projects II LLC, Avangrid
Renewables, LLC, Casselman Windpower LLC, Central Maine Power Company,
Deerfield Wind, LLC, Desert Wind Farm LLC, Flat Rock Windpower LLC,
Flat Rock Windpower II LLC, GenConn Devon LLC, GenConn Energy LLC,
GenConn Middletown LLC, Groton Wind, LLC, Hardscrabble Wind Power LLC,
Lempster Wind, LLC, Locust Ridge Wind Farm, LLC, Locust Ridge II, LLC,
New England Wind, LLC, New York State Electric & Gas Corporation, Otter
Creek Wind Farm LLC, Providence Heights Wind, LLC, Rochester Gas and
Electric Corporation, South Chestnut LLC, Streator-Cayuga Ridge Wind
Power LLC, The United Illuminating Company, UIL Distributed Resources,
LLC.

    Description: Updated Market Power Analysis for the Northeast Region
of Avangrid Northeast MBR Sellers, et al.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5276.
    Comments Due: 5 p.m. ET 2/28/20.

    Docket Numbers: ER10-3297-015.
    Applicants: Powerex Corp.
    Description: Updated Market Power Analysis for the Northwest Region
of Powerex Corp.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5274.
    Comments Due: 5 p.m. ET 1/20/20.

    Docket Numbers: ER17-2059-004; ER10-3097-009.
    Applicants: Puget Sound Energy, Inc., Bruce Power Inc.
    Description: Supplement to July 1, 2019 Updated Market Power
Analysis in the Northwest Region for Puget Sound Energy, Inc., et al.
    Filed Date: 12/19/19.
    Accession Number: 20191219-5142.
    Comments Due: 5 p.m. ET 1/9/20.

    Docket Numbers: ER19-708-002.
    Applicants: GSG, LLC.
    Description: Compliance filing: Compliance Filing Under Docket
ER19-708-002 to be effective 2/26/2019.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5104.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER19-2901-001; ER15-2582-006; ER10-1851-011; ER10-
1852-032; ER10-1930-011; ER10-1931-012; ER15-2101-007; ER19-2389-001;
ER12-2226-010; ER12-2225-010; ER14-2138-007; ER10-1966-011; ER10-1976-
011; ER19-11-003; ER10-1985-011; ER17-838-013; ER10-1951-017; ER11-
4462-038; ER18-2091-003.
    Applicants: Bronco Plains Wind, LLC, Carousel Wind Farm, LLC, ESI
Vansycle Partners, L.P., Florida Power & Light Company, FPL Energy
Stateline II, Inc., FPL Energy Vansycle, L.L.C, Golden West Power
Partners, LLC, Grazing Yak Solar, LLC, Limon Wind, LLC, Limon Wind II,
LLC, Limon Wind III, LLC, Logan Wind Energy LLC, Northern Colorado Wind
Energy, LLC, Peetz Logan Interconnect, LLC, Peetz Table Wind Energy,
LLC, NextEra Energy Marketing, LLC, NextEra Energy Services
Massachusetts, LLC, NEPM II, LLC, Titan Solar, LLC.
    Description: Updated Market Power Analysis for the Northwest Region
of NextEra Companies, et al.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5270I.
    Comments Due: 5 p.m. ET 2/28/20.

    Docket Numbers: ER20-391-001.
    Applicants: J. Aron & Company LLC.
    Description: Notice of Non-Material Change in Status of J. Aron &
Company LLC.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5275.
    Comments Due: 5 p.m. ET 1/20/20.

    Docket Numbers: ER20-720-000.
    Applicants: Plum Creek Wind, LLC.
    Description: Baseline eTariff Filing: Application for MBR Authority
to be effective 3/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5090.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-721-000.
    Applicants: Willow Creek Wind Power LLC.
    Description: Baseline eTariff Filing: Application for MBR Authority
to be effective 3/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5093.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-722-000.
    Applicants: Baconton Power LLC.
    Description: Sec.  205(d) Rate Filing: Baconton Power LLC Revised
MBR Tariff to be effective 12/21/2019.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5106.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-723-000.
    Applicants: The Narragansett Electric Company.
    Description: Sec.  205(d) Rate Filing: Narragansett Borderline
Tariff Amendment filing to be effective 1/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5111.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-724-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Sec.  205(d) Rate Filing: DEC-EDIT Wholesale PPA (RS
315, RS 316, RS 317, RS 335) to be effective 1/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5115.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-725-000.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2019-12-31 Petition for Limited
Tariff Waiver--Additional PDR EFC Waiver to be effective N/A.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5179.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-726-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Tariff Cancellation: Cancellation of Service Agreement
No. 301 to be effective 3/23/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5228.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-727-000.
    Applicants: Portland General Electric Company.
    Description: Sec.  205(d) Rate Filing: Amended NTTG Funding
Agreement to be effective 1/1/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5242.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-728-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Tariff Cancellation: Cancellation of Service Agreement
Nos. 102 and 206 to be effective 3/23/2020.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5245.
    Comments Due: 5 p.m. ET 1/21/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 2, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-00088 Filed 1-7-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Notices]
[Pages 57765-57767]
[FR Doc No: 2018-25029]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84569; File No. SR-MRX-2018-33]

Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend General 8
of the Exchange's Rules

November 9, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 29, 2018, Nasdaq MRX, LLC (``MRX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend General 8 of the Exchange's Rules,
as described below.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqmrx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend General 8 of its Rules, which govern
the provision by the Exchange of colocation, connectivity, and direct
connectivity services and related products, and which set forth the
fees that the Exchange charges for those products and services, to: (1)
Clarify that all of the products and services set forth in General 8
are shared among the Nasdaq Inc. affiliated exchanges--The Nasdaq Stock
Market LLC, Nasdaq BX, Inc., Nasdaq PHLX LLC, Nasdaq ISE, LLC, Nasdaq
MRX, LLC, and Nasdaq GEMX, LLC (collectively, the ``Nasdaq, Inc.
Exchanges'')--meaning that a firm need only purchase these products and
services once to be able to use them to connect to all of the Nasdaq,
Inc. Exchanges to which the firm is otherwise entitled to connect, and
to receive the third party services and market data feeds that it is
otherwise entitled to receive; and (2) make other non-substantive
changes that will further the objective of harmonizing General 8 with
parallel rules that exist among the other Nasdaq, Inc. Exchanges.\3\
---------------------------------------------------------------------------

    \3\ The other Nasdaq, Inc. Exchanges plan to file similar
proposals in the near future.
---------------------------------------------------------------------------

    The Nasdaq, Inc. Exchanges offer colocation, connectivity, and
direct connectivity services and related products to their customers on
a shared basis, meaning that a customer may utilize these products and
services to gain access to any or all of the Nasdaq, Inc. Exchanges to
which they are otherwise entitled to receive access under the Rules.
The Nasdaq, Inc. Exchanges only charge customers once for these shared
products and services, even to the extent that customers use the
products and services to connect to more than one of the Nasdaq, Inc.
Exchanges. For example, a firm that is a member or member organization,
as applicable, of all six Nasdaq, Inc. Exchanges, and which co-locates
its servers in the Nasdaq Data Center by purchasing a 10 GB fiber
connection, cabinet space, cooling fans, and patch cables, only needs
to purchase these products and services once to use them to connect to
all six Nasdaq, Inc. Exchanges.
    Likewise, the Rules were intended to provide for connectivity to
third-party services and market data feeds on a shared basis, meaning
that a firm need only purchase a subscription to these services once,
regardless of whether the firm is a member or member organization, as
applicable, of multiple Nasdaq, Inc. Exchanges.
    Historically, the Exchange has billed customers on a shared basis
for all of the products and services currently set forth in General 8.
Presently, however, only certain provisions of General 8 state this
fact expressly. That is, provisions in General 8 pertaining to
connectivity to the Exchange, direct circuit connectivity to the
Exchange, and point-of-presence connectivity to the Exchange, each
state that they include connectivity to the other markets of the
Nasdaq, Inc. Exchanges. However, other provisions in General 8--such as
cabinets, cabinet power, fiber and wireless connectivity to market data
feeds, and fiber and wireless connectivity to third party services--do
not contain such language.
    Notwithstanding the absence of express language in these provisions
of General 8, the Exchange believes that it is or should be apparent
that a firm need only pay once to purchase products and services--like
server cabinets, power supplies, and cables--that the firm will use to
connect to multiple Nasdaq, Inc. Exchanges or to connect to third party
services or market data feeds. Indeed, the Exchange is aware of no
actual

customer confusion on this issue. Nevertheless, the Exchange believes
that the existing Rules would benefit from clarification so as to avoid
the potential for any confusion in the future.
    Accordingly, the Exchange proposes to amend General 8 by doing the
following: (1) Deleting the existing selective references therein to
shared connectivity services; and (2) replacing selective references
with the following language, which will serve as a general preface to
General 8:

    The connectivity products and services that this Rule describes
are shared among all of the Nasdaq, Inc. exchanges (The Nasdaq Stock
Market, LLC, Nasdaq BX, Inc., Nasdaq PHLX, LLC, Nasdaq ISE, LLC,
Nasdaq MRX, LLC, and Nasdaq GEMX, LLC). Fees for these products and
services are also the same among all of the Nasdaq, Inc. exchanges.
As such, a firm need only purchase the products and services listed
below from any Nasdaq, Inc. exchange once to connect to any and all
of the Nasdaq, Inc. exchanges to which it is otherwise entitled to
connect, or to connect to third party market data feeds or services.
For example, if a firm purchases connectivity to one Nasdaq, Inc.
exchange and then subsequently qualifies to connect to a second
Nasdaq, Inc. exchange, then the firm may utilize its existing
services for connecting to the first exchange to also connect to the
second exchange, without incurring an additional charge.

This preface will clarify that all products and services set forth in
General 8 are offered on a shared basis and that a firm need only
purchase them once from any of the Nasdaq, Inc. Exchanges.
    In addition to adding this preface, the Exchange also proposes
several other non-substantive amendments to General 8 to correct
technical errors and to harmonize it with parallel provisions set forth
in the rules of the other Nasdaq, Inc. Exchanges. These changes will
reconcile minor, non-substantive differences in the phrasing and
placement of text between the Exchange's General 8 and the other
Nasdaq, Inc. Exchanges' Sections 8. The amendments will also remove
certain references to the name ``Nasdaq'' or replace it with general
references to ``the Exchange.'' Finally, the amendments will amend
General 8, Section 1(b), which provides for discounted pricing for
having multiple millimeter or microwave wireless subscriptions, to
state that such pricing applies to subscriptions under General 8,
Section 1(b) ``and/or any other provision of these Rules that provides
for such subscriptions, as may exist, from time to time.'' The intended
result of the proposed changes--along with similar changes that the
other Nasdaq, Inc. Exchanges plan to propose--will be to generalize
General 8 and render it completely identical across all six Nasdaq,
Inc. Exchanges. (The Exchange notes that The Nasdaq Stock Market LLC
and Nasdaq BX, Inc. offer wireless subscriptions under both General 8,
Section 1(b) and Rule 7015/Equity 7, Section 115 of their respective
rulebooks.)
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\4\ in general, and that it furthers the objectives of
Section 6(b)(4) of the Act,\5\ in that it provides for the equitable
allocation of reasonable dues, fees and other charges among members and
issuers and other persons using any facility, and is not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers. Likewise, the Exchange believes that its proposal is
consistent with Section 6(b)(5) of the Act,\6\ in that it is designed
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that it is equitable for the Exchange and the
other Nasdaq, Inc. Exchanges to collectively charge a firm only once
for the products and services set forth in General 8 because the same
instance of such products and services may be used by the firm to
connect to any or all of the Nasdaq, Inc. Exchanges to which it is
otherwise entitled to connect. Said otherwise, the Exchange does not
believe that it would be fair for the Nasdaq, Inc. Exchanges to each
charge separate fees to a firm to, say, rent the same cabinet space in
the same data center or to purchase the same wires to connect its
servers to the market data feed. Moreover, the practice of charging a
firm once for products and services with shared applicability among the
Nasdaq, Inc. Exchanges is not unfairly discriminatory because each of
the Nasdaq, Inc. Exchanges makes the products and services that are set
forth in General 8 of their respective rulebooks available to all
similarly situated members at the same prices.
    Meanwhile, the Exchange believes that it is just and equitable, and
in the interests of the public and investors, for the Exchange to amend
General 8 to clarify the existing practice of the Nasdaq, Inc.
Exchanges to charge firms once to purchase shared products and
services, and to codify that practice where it is not stated expressly
in the Rule. Although the Exchange believes that such codification and
clarification of General 8 are not necessary in this instance--given
that it should be (and in the Exchange's experience, it is) apparent to
firms that each of the Nasdaq, Inc. Exchanges will not charge them more
than once to, say, rent the same cabinet space or to purchase the same
wires or power supplies--the Exchange believes, nevertheless, that the
public and investors will benefit from increased clarity to General 8.
Even if the proposal is not needed to dispel any actual confusion about
the Rules, it will help to limit any potential confusion in the future.
    The Exchange also believes that it is just and equitable, and in
the interests of the public and investors, to harmonize the language of
General 8 among all six of the Nasdaq, Inc. Exchanges. Given that
General 8 in each of the Nasdaq, Inc. Exchanges' rulebooks sets forth
the same products, services, and associated fees that are assessed on a
shared basis, the language of General 8 should be uniform across these
Exchanges to avoid any confusion about unintended disparities. The
proposal makes minor, non-substantive changes to accomplish this
harmonization, which include removing references that are idiosyncratic
to this Exchange and are not common among all of the Nasdaq, Inc.
Exchanges.
    Lastly, the Exchange believes that its proposals to amend General 8
are non-controversial because they merely codify and clarify the
Exchange's existing interpretation of General 8, serve the interests of
the public and investors in promoting a more clear and transparent
Rulebook that is harmonized with the shared rules of the other Nasdaq,
Inc. Exchanges, and because the proposals will not impact competition
or limit access to or availability of the Exchange or its systems.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposals merely codify and
clarify existing practice of the Nasdaq, Inc. Exchanges to collectively
charge a customer only once to connect to any or all of the Nasdaq,
Inc. Exchanges of which it is a member and to connect to third party
services. The proposals also harmonize Section 8 with corresponding
provisions of the

rulebooks of the other Nasdaq, Inc. Exchanges.

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

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \9\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay so
that the proposed rule change may become operative upon filing. Waiver
of the operative delay would allow the Exchange to immediately amend
its rules to specify that the products and services set forth in
General 8 are shared among the Nasdaq, Inc. Exchanges and to harmonize
General 8 with parallel rules of the other Nasdaq, Inc. Exchanges. The
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission hereby waives the operative delay and
designates the proposed rule change operative upon filing.\11\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

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 protected]. Please include
File Number SR-MRX-2018-33 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MRX-2018-33. 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 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 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 filing also will be available for inspection
and copying at the principal office of the Exchange. 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 SR-MRX-2018-33, and should be submitted on
or before December 7, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Brent J. Fields,
Secretary.
[FR Doc. 2018-25029 Filed 11-15-18; 8:45 am]
 BILLING CODE 8011-01-P