[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Notices]
[Pages 44888-44890]
[FR Doc No: 2020-16112]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2020-0368; FRL-10012-76-OGC]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA)

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), notice is given of a proposed consent
decree in Our Children's Earth Foundation v. Wheeler, No. 3:19-cv-07125
(N.D. Cal.). On October 29, 2019, Our Children's Earth Foundation filed
a complaint in the United States District Court for the Northern
District of California, alleging that the Administrator of the United
States Environmental Protection Agency (``EPA'') failed to perform non-
discretionary duties to review the existing New Source Performance
Standards (``NSPS'') governing Secondary Lead Smelters (``Secondary
Lead Smelters NSPS''); Lead-Acid Battery Manufacturing Plants (``Lead-
Acid Battery Manufacturing NSPS''); Industrial Surface Coating: Surface
Coating of Plastic Parts for Business Machines (``Industrial Surface
Coating of Plastic Parts for Business Machines NSPS''); and Automobile
and Light Duty Truck Surface Coating Operations (``Automobile and Light
Duty Truck Surface Coating Operations NSPS''), and to review the
existing National Emission Standards for Hazardous Air Pollutants
(``NESHAP'') governing Dry Cleaning Facilities: National
Perchloroethylene Air Emission Standards (``Dry Cleaning Facilities
NESHAP''); Paint Stripping and Miscellaneous Surface Coating Operations
at Area Sources (``Paint Stripping and Miscellaneous Surface Coating
Operations NESHAP''), and Lead Acid Battery Manufacturing Area Sources
(``Lead Acid Battery Manufacturing NESHAP''). The proposed consent
decree would establish deadlines for EPA to take action on these source
categories.

DATES: Written comments on the proposed consent decree must be received
by August 24, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2020-0368, online at https://www.regulations.gov (EPA's preferred
method). Follow the online instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
number for this action. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Additional Information
about Commenting on the Proposed Consent Decree'' heading under the
SUPPLEMENTARY INFORMATION section of this document. Out of an abundance
of caution for members of the public and our staff, the EPA Docket
Center and Reading Room are closed to the public, with limited
exceptions, to reduce the risk of transmitting COVID-19. Our Docket
Center staff will continue to provide remote customer service via
email, phone, and webform. We encourage the public to submit comments
via https://www.regulations.gov, as there may be a delay in processing
mail and faxes. Hand deliveries and couriers may be received by
scheduled appointment only. For further information on EPA Docket
Center services and the current status, please visit us online at
https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information
from the CDC, local area health departments, and our Federal partners
so that we can respond rapidly as conditions change regarding COVID-19.

FOR FURTHER INFORMATION CONTACT: Stacey Simone Garfinkle, Air and
Radiation Law Office (2344A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Obtaining a Copy of the Proposed Consent Decree

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2020-0368) contains a copy of the proposed consent
decree.
    The electronic version of the public docket for this action
contains a copy of the proposed consent decree, and is available
through https://www.regulations.gov. You may use https://www.regulations.gov to submit or view public comments, access the index
listing of the contents of the official public docket, and access those
documents in the public docket that are available electronically. Once
in the system, key in the appropriate docket identification number then
select ``search.''

II. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by Our
Children's Earth Foundation seeking to compel the Administrator to take
action under the Clean Air Act to review, and if appropriate revise,
the Secondary Lead Smelters NSPS, Lead-Acid Battery Manufacturing
Plants NSPS, Industrial Surface Coating of Plastic Parts for Business
Machines NSPS, and Automobile and Light Duty Truck Surface Coating
Operations NSPS at least every 8 years under section 111(b)(1)(B) of
the Act, and to review, and revise if necessary (taking into account
developments in practices, processes, and control technologies), the
Dry Cleaning Facilities NESHAP, Paint Stripping and Miscellaneous
Surface Coating Operations NESHAP, and Lead Acid Battery Manufacturing
NESHAP no less often than every 8 years under section 112(d)(6) of the
Act.
    Under the terms of the proposed consent decree, EPA shall review,
and revise if necessary, the above source categories by the deadlines
established in the proposed consent decree. Beginning on January 1,
2021, EPA will provide Our Children's Earth Foundation with status
reports every 180 days to inform Plaintiff as to whether the Agency is
making reasonable progress toward meeting the deadlines proposed in the
consent decree, and whether the Agency anticipates any difficulties in
meeting the deadlines with an explanation of the difficulty or
difficulties.
    For a period of thirty (30) days following the date of publication
of this document, the Agency will accept written comments relating to
the proposed consent decree. EPA or the Department of Justice may
withdraw or withhold consent to the proposed consent decree if the
comments disclose facts or considerations that indicate that such
consent is inappropriate, improper, inadequate, or inconsistent with
the requirements of the Act.

III. Additional Information About Commenting on the Proposed Consent
Decree

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2020-
0368, via https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from this docket. The EPA may publish any comment
received to its public docket. Do not submit to EPA's docket at https://www.regulations.gov any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. For additional information about submitting information
identified as CBI, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section of this document. Note that written
comments containing CBI and submitted by mail may be delayed and
deliveries or couriers will be received by scheduled appointment only.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment. This ensures that you
can be identified as the submitter of the comment and allows EPA to
contact you in case EPA cannot read your comment due to technical
difficulties or needs further information on the substance of your
comment. Any identifying or contact information provided in the body of
a comment will be included as part of the comment that is placed in the
official public docket and made available in EPA's electronic public
docket. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.
    Use of the https://www.regulations.gov website to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.

    Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.

Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2020-16112 Filed 7-23-20; 8:45 am]
BILLING CODE P


[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Notices]
[Pages 29499-29501]
[FR Doc No: 2020-10393]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88852; File No. SR-NASDAQ-2020-022]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Certain Internal Cross-References in General 5, Discipline

May 11, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 28, 2020, The Nasdaq Stock Market LLC (``Nasdaq'' 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend certain internal cross-references
within General 5, Discipline.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaq.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
    In 2019, Nasdaq relocated its rules into a new Rulebook shell.\3\
As a result, several rules referenced within the 8000 and 9000 Series
Rules contained in General 5 Discipline have been relocated under a new
rule number. At this time, Nasdaq proposes to update certain internal
cross-references within General 5, Discipline. Specifically, Nasdaq
proposes to update internal cross-references within Rules 8120
(Definitions), 9110 (Application), 9268 (Decision of Hearing Panel or
Extended Hearing Panel), 9269 (Default Decisions), 9270 (Settlement
Procedure), 9311 (Appeal by Any Party; Cross-Appeal), 9312 (Review
Proceeding Initiated By the Nasdaq Review

Council), 9351 (Discretionary Review by Nasdaq Board), 9360
(Effectiveness of Sanctions), 9524 (Nasdaq Review Council
Consideration), 9552 (Failure to Provide Information or Keep
Information Current), 9553 (Failure to Pay Nasdaq Dues, Fees and Other
Charges), 9554 (Failure to Comply with an Arbitration Award or Related
Settlement or an Order of Restitution or Settlement Providing for
Restitution), 9555 (Failure to Meet the Eligibility or Qualification
Standards or Prerequisites for Access to Services), 9556 (Failure to
Comply with Temporary and Permanent Cease and Desist Orders), 9557
(Procedures for Regulating Activities Under Rules 4110A and 4120A
Regarding a Member Experiencing Financial or Operational Difficulties),
9558 (Summary Proceedings for Actions Authorized by Section 6(d)(3) of
the Act), 9559 (Hearing Procedures for Expedited Proceedings Under the
Rule 9550 Series), and 9810 (Initiation of Proceeding).
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    \3\ See Securities Exchange Act Release No. 87778 (December 17,
2019), 84 FR 70590 (December 23, 2019) (SR-NASDAQ-2019-98).
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    The Exchange proposes to update internal cross-references within
these rules as follows:
     Rule 0120 to General 1(b);
     Rule 1160 to General 2, Section 11;
     Rule 2010A to General 9, Section 1(a);
     Rule 2140 to General 9, Section 1(h);
     Rule 2160 to General 2, Section 14;
     Rule 4110A to General 9, Section 40; and
     Rule 4120A to General 9, Section 41.
    The Exchange also proposes to replace references to General 5,
Section 2 with the Rule 9600 Series within Nasdaq Rules 8211 (Automated
Submission of Trading Data), 9120(r) (Definitions) and 9610
(Application). These amendments correct references to General 5,
Section 2, which were erroneously made as that reference does not exist
in the Rulebook. The Exchange is reverting the text back to the
original citations.
    The Exchange proposes other minor technical amendments to correct
grammar and punctuation. These amendments are non-substantive.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\4\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\5\ in particular, in that it is designed to promote
just and equitable principles of trade and to protect investors and the
public interest by correcting internal cross-references to its current
rules, which were relocated. These corrections to update rule
references within the Nasdaq Disciplinary Rules will make the rules
accurate and reflect the correct cross-referenced rules. These
amendments are non-substantive.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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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. These corrections to update
rule references within the Nasdaq Disciplinary Rules will make the
rules accurate and reflect the correct cross-referenced rules. These
amendments are non-substantive.

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 \6\ and Rule 19b-
4(f)(6) thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 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.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \8\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \9\ 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 asked the Commission to waive the 30-day operative delay so that
the Exchange may immediately update the identified rule references
within the Nasdaq disciplinary rules, which the Exchange states will
make the rules accurate and reflect the correct cross-referenced rules.
For this reason, and to avoid any investor confusion that may result
from inaccurate references within Nasdaq's disciplinary rules, the
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the operative delay and
designates the proposal as operative upon filing.\10\
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    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
    \10\ 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).
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    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_ADDRESS>Please include
File Number SR-NASDAQ-2020-022 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-NASDAQ-2020-022. 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-NASDAQ-2020-022 and should
be submitted on or before June 5, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
J. Matthew DeLesDernier,
Assistant Secretary.

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    \11\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2020-10393 Filed 5-14-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Pages 4982-4988]
[FR Doc No: 2022-01851]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94053; File No. SR-NYSE-2022-04]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change To Amend Rules 5P,
5.2(j)(8)(e), 8P, and 98

January 25, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on January 14, 2022, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rules 5P, 5.2(j)(8)(e), 8P, and 98
to permit the listing and trading of certain Exchange Traded Products
that have a component NMS Stock listed on the Exchange or that are
based on, or represent an interest in, an underlying index or reference
asset that includes an NMS Stock listed on the Exchange. The proposed
rule change is available on the Exchange's website 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rules 5P, 8P, 5.2(j)(8)(e) and 98 to
permit the listing of certain Exchange Traded Products (``ETPs'') \4\
that have a component NMS Stock listed on the Exchange or that are
based on, or represent an interest in, an underlying index or reference
asset that includes an NMS Stock listed on the Exchange (an ``NYSE
Component Security'' or, collectively, ``NYSE Component Securities'').
The amendments would also permit the trading of those ETPs on the NYSE
Trading Floor (``Trading Floor'' or ``Floor'').\5\
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    \4\ Rule 1.1(l) defines ``Exchange Traded Product'' as a
security that meets the definition of ``derivative securities
product'' in Rule 19b-4(e) under the Act. ETPs include, for example,
securities listed and traded on the Exchange pursuant to the
following Exchange rules: Rule 5.2(j)(3) (Investment Company Units);
Rule 5.2(j)(5) (Equity Gold Shares); Rule 5.2 (j)(6)(Equity Index-
Linked Securities); Rule 8.100 (Portfolio Depositary Receipts); Rule
8.200 (Trust Issued Receipts) (``TIR'')); Rule 8.201 (Commodity-
Based Trust Shares); Rule 8.202 (Currency Trust Shares); Rule 8.203
(Commodity Index Trust Shares); Rule 8.204 (Commodity Futures Trust
Shares); Rule 8.600 (Managed Fund Shares); and Rule 8.700 (Managed
Trust Securities).
    \5\ The term ``Trading Floor'' is defined in Rule 6A to mean the
restricted-access physical areas designated by the Exchange for the
trading of securities, commonly known as the ``Main Room'' and the
``Buttonwood Room.''
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    Currently, Exchange rules do not permit the listing of an ETP that
has underlying NYSE Component Securities. The proposed changes would
permit the listing of ETPs that satisfy the composition and
concentration requirements for equity-based products set forth in the
listing criteria of (1) current Rules 5.2(j)(3) (Investment Company
Units), 5.2(j)(6) (Equity Index-Linked Securities), 8.100 (Portfolio

Depositary Receipts), 8.600 (Managed Fund Shares), and (2) Rule
5.2(j)(8) as proposed to be amended to include requirements to ensure
diversification, non-concentration, liquidity and capitalization.
    Accordingly, these ETPs would not be covered by the restrictions
associated with the listing of ETPs that have an NYSE Component
Security.
Background
Current Listing Rules
    Currently, the Exchange trades securities, including ETPs, on its
Pillar trading platform on an unlisted trading privileges (``UTP'')
basis, subject to Pillar Platform Rules 1P--13P.\6\ ETPs traded on a
UTP basis on the Exchange are not assigned to a Designated Market Maker
(``DMM'') and are available for Floor brokers to trade in Floor-based
crossing transactions.\7\ The Exchange does not have any restrictions
on which ETPs may trade on a UTP basis on the Exchange.
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    \6\ ``UTP Security'' is defined as a security that is listed on
a national securities exchange other than the Exchange and that
trades on the Exchange pursuant to unlisted trading privileges. See
Rule 1.1.
    \7\ See Securities Exchange Act Release No. 82945 (March 26,
2018), 83 FR 13553, 13568 (March 29, 2018) (SR-NYSE-2017-36)
(approving Exchange rules to trade securities on a UTP basis on the
Pillar trading platform).
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    The Exchange's rules permit it to list ETPs under Rules 5P and 8P.
Specifically, Rules 5P (Securities Traded) and 8P (Trading of Certain
Exchange Traded Products) provide for the listing of certain ETPs on
the Exchange that (1) meet the applicable requirements set forth in
those rules, and (2) do not hold NYSE Component Securities.\8\ ETPs
listed under Rules 5P and 8P are ``Tape A'' listings and are traded
pursuant to the rules applicable to NYSE-listed securities.
Accordingly, once an ETP is listed, it is assigned to a DMM pursuant to
Rule 103B and the assigned DMM has obligations vis-[agrave]-vis such
securities as specified in Rule 104, including facilitating the
opening, reopening, and closing of, and trading in, such securities.\9\
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    \8\ ETPs listed under NYSE Rules 8.601 (Active Proxy Portfolio
Shares) and 8.900 (Managed Portfolio Shares) are not subject to the
prohibition in the preamble to Rule 8P. See Securities Exchange Act
Release No. 90091 (October 5, 2020), 85 FR 64194, 64211 (October 9,
2020) (SR-NYSE-2020-77) (Notice); Securities Exchange Act Release
No. 90526 (November 27, 2020), 85 FR 78157 (December 3, 2020) (SR-
NYSE-2020-77) (Notice of Deemed Approval).
    \9\ See Securities Exchange Act Release No. 87056 (September 23,
2019), 84 FR 51205 (September 27, 2019) (SR-NYSE-2019-34) (order
approving amendments to Rule 104 to specify DMM requirements for
ETPs listed on the Exchange pursuant to Rules 5P and 8P).
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    The Exchange recently adopted a new Rule 5.2(j)(8) \10\
establishing generic listing standards allowing the Exchange to list
and trade Exchange-Traded Fund Shares.\11\
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    \10\ See Securities Exchange Act Release No. 91029 (February 1,
2021), 86 FR 8420 (February 5, 2021) (SR-NYSE-2020-86) (approval
order).
    \11\ See Release Nos. 33-10695; IC-33646; File No. S7-15-18
(ETFs) (September 25, 2019), 84 FR 57162 (October 24, 2019) (the
``Rule 6c-11 Release'').
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Relevant Commission Precedent
    While the trading of an equity security and its related derivative
product at the same physical location (``side-by-side trading'') \12\
and the practice of the same person or firm making markets in an equity
security and its related option (``integrated market making'' \13\) has
generally not been permitted, the Commission has approved integrated
market making and side-by-side trading for ``broad-based'' exchange
traded funds (``ETF'') and Trust-Issued Receipts (``TIR'') and related
options.\14\ The test for whether a product is ``broad-based,'' and
therefore not readily susceptible to manipulation, is whether the
individual components of the ETP are sufficiently liquid and well-
capitalized and the product is not over-concentrated.\15\ When these
criteria are met, and the product can therefore can be considered
``broad-based,'' the Commission has explicitly permitted integrated
market making and side-by-side trading in both the ETP and related
options, with no additional requirement for information barriers or
physical or organizational separation.
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    \12\ ``Side-by-side trading'' refers to the trading of an equity
security and its related derivative product at the same physical
location, though ``not necessarily by the same specialist or
specialist firm.'' See Securities Exchange Act Release No. 46213
(July 16, 2002), 67 FR 48232, 48233 (July 23, 2002) (SR-Amex-2002-
21) (``Release No. 46213'') (order approving side-by-side trading
and integrated market making of broad index-based ETFs and related
options); see also Securities Exchange Act Release No. 45454
(February 15, 2002), 67 FR 8567, 8568 n. 7 (February 25, 2002) (SR-
NYSE-2001-43) (``Release No. 45454'') (order approving approved
person of a specialist to act as a specialist or primary market
maker with respect to an option on a stock in which the NYSE
specialist is registered on the Exchange).
    \13\ ``Integrated market making'' refers to the practice of the
same person or firm making markets in an equity security and its
related option. See Release No. 45454, 67 FR at 8568 n. 7.
    \14\ See Release No. 46213, 67 FR at 48232 (approving side-by-
side trading and integrated market making for certain ETFs and TIRs
and related options); see also Securities Exchange Act Release No.
62479 (July 9, 2010), 75 FR 41264 (July 15, 2010) (SR-Amex-2010-31)
(``Release No. 62479'') (order approving side-by-side trading and
integrated market making in the QQQ ETF and certain of its component
securities where the QQQs met the composition and concentration
measures to be classified as a broad-based ETF).
    \15\ See Release No. 62479, 75 FR at 41272. The Commission has
expressed its belief ``that, when the securities underlying an ETF
consist of a number of liquid and well-capitalized stocks, the
likelihood that a market participant will be able to manipulate the
price of the ETF is reduced.'' See id. See generally Securities
Exchange Act Release Nos. 56633 (October 9, 2007), 72 FR 58696
(October 16, 2007) (SR-ISE-2007-60) (order approving generic listing
standards for ETFs based on both U.S. and international indices,
noting they are ``sufficiently broad-based in scope to minimize
potential manipulation.''); 55621 (April 12, 2007), 72 FR 19571
(April 18, 2007) (SR-NYSEArca-2006-86) (same); 54739 (November 9,
2006), 71 FR 66993 (November 17, 2006) (SR-Amex-2006-78) (same);
57365 (February 21, 2008), 73 FR 10839 (February 28, 2008) (SR-CBOE-
2007-109) (order approving generic listing standards for ETFs based
on international indices, noting they are ``sufficiently broad-based
in scope to minimize potential manipulation.''); 56049 (July 11,
2007), 72 FR 39121 (July 17, 2007) (SR-Phlx-2007-20) (same); 55113
(January 17, 2007), 72 FR 3179 (January 24, 2007) (SR-NYSE-2006-101)
(same); and 55269 (February 9, 2007), 72 FR 7490 (February 15, 2007)
(SR-Nasdaq-2006-50) (same).
---------------------------------------------------------------------------

    In making a determination of whether an ETP is broad-based, the
Commission has relied on an exchange's listing standards. For instance,
in permitting integrated market making and side-by-side trading for two
types of ETPs and their related options, the Commission looked to the
then-American Stock Exchange LLC's listing standards that, as described
below, are very similar to the Exchange's current listing
standards.\16\
---------------------------------------------------------------------------

    \16\ The American Stock Exchange LLC is now NYSE American, LLC.
---------------------------------------------------------------------------

    In particular, the Commission observed that the ETPs at issue, an
ETF and a TIR, were securities based on ``groups of stocks'' whose
prices were based on the prices of their component securities. As such,
the Commission was of the view that a market participant's ability to
manipulate the price of the ETPs or the related options would be
``limited.'' \17\ Moreover, the Commission noted that the listing
standards required (1) each product to have a minimum of 13 securities
in the underlying portfolio, (2) that the most heavily weighted
component securities could not exceed 25% of the weight of the
portfolio, and (3) that the five most heavily weighted component
securities could not exceed 65% of the weight of the portfolio. As the
Commission concluded,
---------------------------------------------------------------------------

    \17\ Release No. 46213, 67 FR at 48235.

[b]y limiting the proposal to broad-based ETFs and TIRs, concerns
regarding informational advantages about individual securities are
lessened.\18\
---------------------------------------------------------------------------

    \18\ Id.

    Finally, the Commission noted that the capitalization and liquidity
requirements imposed by the listing standards--for example, the
component securities that in the aggregate account for at least 90% of
the weight of the portfolio must have a minimum market

value of at least $75 million and the component securities representing
90% of the weight of the portfolio each must have a minimum trading
volume during each of the last six month of at least 250,000 shares--
``should reduce the likelihood that any market participant has an
unfair information advantage about the ETF, TIR, its related options,
or its component securities, or that a market participant would not be
able to manipulate the prices of the ETFs, TIRs, or their related
options.'' \19\
---------------------------------------------------------------------------

    \19\ Id.
---------------------------------------------------------------------------

Proposed Rule Change
    The Exchange proposes to list and trade certain ETPs that include
one or more underlying NYSE Component Securities. Because listed
securities are assigned to DMMs, trading is on the Floor of the
Exchange and thus a listed ETP with an underlying NYSE Component
Security could be assigned to a DMM that is also assigned one or more
NYSE Component Securities forming part of the underlying ETP index or
portfolio. The Exchange believes that it would be consistent with the
Exchange Act and with prior Commission actions with respect to both
integrated market making and side-by-side trading for the Exchange to
list an ETP that also includes NYSE Component Securities based on the
broad-based listing criteria contained in the relevant listing rules.
Current Generic Listing Standards
    The Exchange believes that certain of its existing listing rules,
together with proposed additional criteria for ETPs that meet the
criteria for listing under Rule 5.2(j)(8), incorporate salient
composition and concentration criteria designed to ensure that listed
ETPs with an NYSE Component Security would be sufficiently broad-based
to address potential manipulation concerns. Specifically, the Exchange
believes that ETPs with underlying NYSE Component Securities that would
qualify for listing under the current criteria in Rules 5.2(j)(3),
Supplementary Material .01(a); 5.2(j)(6)(B)(I); 8.100, Supplementary
Material .01(a)(A); and 8.600, Supplementary Material .01(a), would
satisfy the type of broad-based listing criteria previously identified
by the Commission to address potential manipulation concerns. The
Exchange believes that such ETPs could accordingly list and trade on
the Exchange with no additional requirement for information barriers or
physical or organizational separation based on the broad-based nature
of the current listing criteria.
    The current listing standards for these Rules incorporate
composition and concentration criteria that includes market cap,
volume, weighting and minimum number of components requirements. For
instance, the generic listing requirements for Equity Index-Linked
Securities Listing Standards (``ETN'') under Rule 5.2(j)(6)(B)(I)
require that, among other things,
     each underlying index have at least ten (10) component
securities; \20\ that each component security (excluding Derivative
Securities Products and Index-Linked Securities) have a minimum market
value of at least $75 million; \21\
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    \20\ See NYSE Rule 5.2(j)(6)(B)(I)(1)(a). The rule provides that
there shall be no minimum of component securities if one or more
issues of Derivative Securities Products (i.e., Investment Company
Units (as described in Rule 5.2(j)(3)) and securities described in
Section 2 of Rule 8P) or Index-Linked Securities (as described in
Rule 5.2(j)(6)), constitute, at least in part, component securities
underlying an issue of Equity Index-Linked Securities.
    \21\ See NYSE Rule 5.2(j)(6)(B)(I)(1)(b)(i). For each of the
lowest dollar weighted component securities in the index that in the
aggregate account for no more than 10% of the dollar weight of the
index (excluding Derivative Securities Products and Index-Linked
Securities), the rule provides that the market value can be at least
$50 million.
---------------------------------------------------------------------------

     component stocks (excluding Derivative Securities Products
and Index-Linked Securities) that in the aggregate account for at least
90% of the weight of the index (excluding Derivative Securities
Products and Index-Linked Securities) each have a minimum global
monthly trading volume of 1,000,000 shares, or minimum global notional
volume traded per month of $25,000,000, averaged over the last six
months; \22\ and
---------------------------------------------------------------------------

    \22\ See NYSE Rule 5.2(j)(6)(B)(I)(1)(b)(ii).
---------------------------------------------------------------------------

     no underlying component security (excluding Derivative
Securities Products and Index-Linked Securities) represent more than
25% of the dollar weight of the index, and, to the extent applicable,
the five highest dollar weighted component securities in the index
(excluding Derivative Securities Products and Index-Linked Securities)
do not in the aggregate account for more than 50% of the dollar weight
of the index (60% for an index consisting of fewer than 25 component
securities).\23\
---------------------------------------------------------------------------

    \23\ See NYSE Rule 5.2(j)(6)(B)(I)(1)(b)(iii).
---------------------------------------------------------------------------

    The generic listing standards for equities-based Investment Company
Units under Rule 5.2(j)(3), equities-based Portfolio Depositary
Receipts under Rule 8.600, and equities-based Managed Fund Shares under
Rule 8.601 contain comparable requirements.\24\
---------------------------------------------------------------------------

    \24\ See Rule 5.2(j)(3), Supp. Material .01(a)(A); Rule 8.100,
Supp. Material .01(a)(A)(1)-(3) & Rule 8.600, Supp. Material .01
(a)(1)(A)-(C).
---------------------------------------------------------------------------

    By virtue of the composition and concentration requirements in the
Exchange's generic listing standards for equities-based products
relating to market cap, trading volume, and diversity requirements,
among others, that the underlying components must meet to list on the
Exchange, the generic listing standards are, among other things,
     intended to reduce the potential for manipulation by
assuring that the ETP is sufficiently broad-based, and that the
components of an index or portfolio underlying an ETP are adequately
capitalized, sufficiently liquid, and that no one stock dominates the
index.\25\
---------------------------------------------------------------------------

    \25\ See Securities Exchange Act Release No. 80189 (March 9,
2017), 82 FR 13889, 13892 (March 15, 2017) (SR-NYSEArca-2017-01)
(order approving amendment of NYSE Arca Rule 5 and 8 Series to add
specific continued listing standards for ETPs and to specify the
delisting procedures for these products). See generally id. n. 28 &
authorities cited therein.
---------------------------------------------------------------------------

    The Exchange believes that ETPs meeting these existing listing
criteria would be sufficiently broad-based to allow integrated market
making and side-by-side trading in both the ETP and the NYSE Component
Securities without more, and therefore should be excluded from the
preambles to Rules 5P and 8P.
Proposed Broad-Based Generic Listing Standards for Exchange Traded Fund
Shares
    The Exchange further believes that Exchange Traded Fund Shares
eligible to list under Rule 5.2(j)(8) that have underlying NYSE
Component Securities should be eligible to list and trade on the
Exchange if such Exchange Traded Fund Shares meet similar broad-based
requirements as those specified in Rules 5.2(j)(3), 5.2(j)(6), 8.100,
and 8.600 described above. To allow for listing of Exchange Traded Fund
Shares with NYSE Component Securities, the Exchange proposes to add a
new subsection e.1.B. to Rule 5.2(j)(8) to provide for additional
listing requirements for such Exchange Traded Fund Shares. As with the
ETPs discussed above, Exchange-Traded Fund Shares with NYSE Component
Securities meeting the proposed composition and concentration measures
proposed in Rule 5.2(j)(8)(e)(1)(B) would be permitted to list with no
additional requirement for information barriers or physical or
organizational separation, and would be excluded from the preamble to
Rule 5P.
    As proposed, Rule 5.2(j)(8)(e)(1)(B) would provide that if a
portfolio of a series of Exchange-Traded Fund Shares has NYSE Component
Securities, the

component securities of the equity portion of such portfolio or index
must satisfy specified requirements upon initial listing and on a
continuing basis that would be designed to ensure that broad-based
Exchange Traded Fund Shares with underlying NYSE Component Securities
would be listed and traded on the Exchange.
    First, proposed Rule 5.2(j)(8)(e)(1)(B)(1) would provide that the
portfolio or index must include a minimum of 13 equity component
securities. This proposed requirement is substantively the same as
listing rules for ETPs that similarly require a minimum of 13 equity
component securities. For example, as set forth in Supplementary
Material .01 of Rule 5.2(j)(3), the index components for investment
company units (``Units'') consisting solely of US Component Stocks \26\
or US Component Stocks and cash--i.e., where the equity portion of the
portfolio does not include Non-US Component Stocks \27\--must include a
minimum of 13 component stocks.\28\ In addition, actively managed funds
under Rule 8.600 and Rule 8.100 (Portfolio Depositary Receipts) also
require a minimum of 13 component securities if the equity portion of
the portfolio does not include Non-U.S. Component Stocks.\29\ The
Exchange believes that the proposed 13 equity component requirement for
a series of Exchange Traded Fund Shares with an NYSE Component
Securities would similarly ensure significant portfolio breadth such
that the potential for manipulation or coordinated trading is
significantly attenuated.
---------------------------------------------------------------------------

    \26\ The term ``US Component Stock'' means an equity security
that is registered under Sections 12(b) or 12(g) of the Securities
Exchange Act of 1934 or an American Depositary Receipt, the
underlying equity security of which is registered under Sections
12(b) or 12(g) of the Securities Exchange Act of 1934. See Rule
5.2(j)(3).
    \27\ The term ``Non-US Component Stock'' means an equity
security that is not registered under Sections 12(b) or 12(g) of the
Securities Exchange Act of 1934 and that is issued by an entity that
(a) is not organized, domiciled or incorporated in the United
States, and (b) is an operating company (including Real Estate
Investment Trusts (REITS) and income trusts, but excluding
investment trusts, unit trusts, mutual funds, and derivatives). See
Rule 5.2(j)(3).
    \28\ See Rule 5.2(j)(3), Supp. Material .01(a)(A)(4). There is
no minimum number of component stocks if (a) one or more series of
Units or Portfolio Depositary Receipts (as defined in Section 2 of
Rule 8P) constitute, at least in part, components underlying a
series of Managed Fund Units, or (b) one or more series of such ETPs
account for 100% of the US Component Stocks portion of the weight of
the index or portfolio. See id.
    \29\ See Rule 8.100, Supp. Material .01(a)(A)(4) & Rule 8.600,
Supp. Material .01(a)(1)(D).
---------------------------------------------------------------------------

    Second, proposed Rule 5.2(j)(8)(e)(1)(B)(2) provides that no one
single component security may exceed 30% of the equity weight of the
portfolio or index. Third, proposed Rule 5.2(j)(8)(e)(1)(B)(3) would
provide that the five most heavily weighted component securities may
not exceed 65% of the equity weight of the portfolio or index. Both of
these proposed requirements are substantively identical to current
generic listing requirements for Investment Company Units under
Supplementary Material .01 of Rule 5.2(j)(3), which provides that the
most heavily weighted component stock (excluding Investment Company
Units and securities defined in Section 2 of Rule 8P) cannot exceed 30%
of the equity weight of the portfolio, and, to the extent applicable,
the five most heavily weighted component stocks (excluding Units and
securities defined in Section 2 of Rule 8P) cannot exceed 65% of the
equity weight of the portfolio.\30\ Portfolio Depositary Receipts and
Managed Fund Shares have similar requirements.\31\
---------------------------------------------------------------------------

    \30\ See Rule 8.100, (a)(A)(3).
    \31\ See Rule 8.100, Supp. Material .01(a)(A)(1)-(3) & Rule
8.600, Supp. Material .01 (a)(1)(A)-(C).
---------------------------------------------------------------------------

    Fourth, proposed Rule 5.2(j)(8)(e)(1)(B)(4) provides that component
securities that in the aggregate account for at least 90% of the equity
weight of the portfolio or index each must have a minimum market value
of at least $75 million. The proposed requirements are substantively
identical to the current generic listing requirements for Units under
Supplementary Material .01 of Rule 5.2(j)(3), which provides that
component stocks in the aggregate account for at least 90% of the
weight of the US Component Stocks portion of the index or portfolio
(excluding Derivative Securities Products) each shall have a minimum
market value of at least $75 million.\32\
---------------------------------------------------------------------------

    \32\ See Rule 5.2(j)(3), Supp. Material .01(a)(A)(1).
---------------------------------------------------------------------------

    Finally, proposed Rule 5.2(j)(8)(e)(1)(B)(5) would provide that
component securities that in the aggregate account for at least 70% of
the equity weight of the index or portfolio each must have a minimum
monthly trading volume of 250,000 shares, or minimum notional volume
traded per month of $25,000,000, averaged over the last six months. The
proposed requirement is also substantively identical to Supplementary
Material .01 of Rule 5.2(j)(3), which provides that component stocks
(excluding Derivative Securities Products) that in the aggregate
account for at least 70% of the US Component Stocks portion of the
weight of the index or portfolio (excluding Derivative Securities
Products) each shall have a minimum monthly trading volume of 250,000
shares, or minimum notional volume traded per month of $25,000,000,
averaged over the last six months.\33\
---------------------------------------------------------------------------

    \33\ See Rule 5.2(j)(3), Supp. Material .01(a)(A)(2).
---------------------------------------------------------------------------

    The Exchange believes that these proposed additional initial and
continued listed requirements for a series of Exchange Traded Fund
Shares with one or more NYSE Component Securities mirror existing
generic listing standards for equities-based products and are
consistent with the listing requirements described above that the
Commission determined were sufficiently broad-based to address
potential manipulation concerns. Accordingly, the Exchange believes
that the proposed requirements would ensure that a portfolio of a
series of Exchange Traded Fund Shares listed under Rule 5.2(j)(8) with
one or more NYSE Component Securities would not be unduly concentrated.
    The Exchange believes that requiring Exchange Traded Fund Shares
with underlying NYSE Component Securities to meet enhanced criteria is
designed to ensure that the Exchange Traded Fund Shares listed on the
Exchange would be broad-based and would mitigate potential issues
raised by the trading of Exchange Traded Fund Shares on the same
physical trading floor as one or more component securities.
Proposed Changes to Rules 5P and 8P
    To effect the above-described changes, the Exchange proposes to
amend the preambles following both Rule 5P and Rule 8P.
    For Rule 5P, the Exchange proposes to add ``Listed and'' before
``Traded'' in the heading. The Exchange also proposes to add the
defined term ``NYSE Component Securities,'' which would mean the
existing Rule 5P definition of ``any component NMS Stock that is listed
on the Exchange or that is based on, or represents an interest in, an
underlying index or reference asset that includes an NMS Stock on the
Exchange.'' The Exchange further proposes to amend Rule 5P to exclude
from the listing prohibition an Exchange Traded Product listed under
NYSE Rules 5.2(j)(3), Supplementary Material .01(a); 5.2(j)(6)(B)(I);
or 5.2(j)(8)(e)(1)(B). Finally, for the avoidance of doubt, the
Exchange proposes to add text to the heading of Rule 5P providing that
the Exchange may submit a rule filing pursuant to Section 19(b) of the
Securities Exchange Act of 1934 to permit the listing and trading of an
ETP that does not otherwise meet the above standards.

    The Exchange similarly proposes to amend the heading of Rule 8P to
add ``Listing and'' before ``Trading.'' The Exchange also proposes to
replace the text ``component NMS Stock that is listed on the Exchange
or that is based on, or represents an interest in, an underlying index
or reference asset that includes an NMS Stock listed on the Exchange''
with the proposed newly defined term of ``NYSE Component Securities.''
Use of this new defined term would not make any substantive changes to
the Rule and is designed to streamline the rule text. Finally, the
Exchange would amend Rule 8P to add language similar to that proposed
for Rule 5P that would exclude from the listing prohibition an Exchange
Traded Product listed under Rules 8.100, Supplementary Material
.01(a)(A) or 8.600, Supplementary Material .01(a).
Proposed Changes to Rule 98
    Rule 98 governs the operation of DMM units and imposes certain
restrictions on DMM trading. With respect to integrated market making,
the Commission has approved changes to Rule 98 that permit a DMM unit
to engage in integrated market making with off-Floor market making
units in related products.\34\ Rule 98(c)(6) prohibits DMM units from
operating as a specialist or market maker on the Exchange in related
products, unless specifically permitted in Exchange rules. Rule
98(b)(7) defines ``related products'' as ``any derivative instrument
that is related to a DMM security.'' \35\ Accordingly, consistent with
the proposal, the Exchange proposes to amend Rule 98(b)(7) to
specifically exclude from the definition of ``related products'' the
ETPs that are excluded from the listing prohibition set forth in the
preamble to Rule 5P or to Rule 8P.
---------------------------------------------------------------------------

    \34\ See Securities Exchange Act Release No. 58328 (August 7,
2008), 73 FR 48260 (August 18, 2008) (SR-NYSE-2008-45) (order
approving amendments to Rule 98 that permit specialist firms to
integrate with off-Trading Floor trading desks that trade in
``related products,'' as that term is defined in Rule 98).
    \35\ Under Rule 98(b)(7), derivative instruments include
options, warrants, hybrid securities, single-stock futures,
security-based swap agreement, a forward contract, or ``any other
instrument that is exercisable into or whose price is based upon or
derived from a security traded at the Exchange.''
---------------------------------------------------------------------------

    With the proposed changes above, the Exchange would be able to list
ETPs that include NYSE Component Securities and are listed under Rules
5.2(j)(3), Supplementary Material .01(a); 5.2(j)(6)(B)(I);
5.2(j)(8)(e)(1)(B); 8.100, Supplementary Material .01(a)(A); or 8.600
Supplementary Material .01(a). The proposed change would also provide
that ETPs listed under these rules would be excluded from the Rule 98
definition of ``related products.'' In addition, this proposed change
would clarify that ETPs listed under Rules 8.601 (Active Proxy
Portfolio Shares) and 8.900 (Managed Portfolio Shares), which are
currently excluded from the preamble to Rule 8P, would also be excluded
from the Rule 98 definition of ``related products.'' \36\
---------------------------------------------------------------------------

    \36\ See note 7, supra.
---------------------------------------------------------------------------

    As discussed above, for each of the ETPs proposed to be excluded
from the definition of ``related security,'' integrated market making
and side-by-side trading in both the ETP and any underlying NYSE
Component Securities would be appropriate with no additional
requirement for information barriers or physical or organizational
separation.
    In addition to the reasons why specific products present a reduced
risk of manipulation, the Exchange believes that there are significant
safeguards in place to prohibit the misuse of material nonpublic
information by a member organization that operates a DMM unit.
Specifically, Rule 98 contains narrowly tailored restrictions to
address that DMMs while on the Floor may have access to certain Floor-
based non-public information and requires DMM units to maintain
procedures and controls to prevent the misuse of material, non-public
information that are effective and appropriate for that member
organization.
    Specifically, under Rule 98(c)(2), a member organization seeking
approval to operate a DMM unit pursuant to Rule 98 must maintain and
enforce written policies and procedures reasonably designed, taking
into consideration the nature of such member organization's business,
(1) to prevent the misuse of material, non-public information by such
member organizations or persons associated with such member
organization, and (2) to ensure compliance with applicable federal laws
and regulations and with Exchange rules.\37\ Further, Rule 98(c)(3)(A)
provides that a member organization shall protect against the misuse of
Floor-based non-public order information and that only the Trading
Floor-based employees of the DMM unit and individuals responsible for
the direct supervision of the DMM unit's Floor-based operations may
have access (as permitted pursuant to Rule 104) to Floor-based non-
public order information. Rule 98(c)(3)(B) specifies the restrictions
applicable to employees of the DMM unit while on the Trading Floor.
---------------------------------------------------------------------------

    \37\ Rule 98(c)(2) provides examples of conduct that would
constitute the misuse of material, non-public information,
including, but not limited to: (1) Trading in any securities issued
by a corporation, or in any related product, while in possession of
material-non-public information concerning the issuer; or (2)
trading in a security or related product, while in possession of
material non-public information concerning imminent transactions in
the security or related product; or (3) disclosing to another person
or entity any material, non-public information involving a
corporation whose shares are publicly traded or an imminent
transaction in an underlying security or related product for the
purpose of facilitating the possible misuse of such material, non-
public information. See Rule 98(c)(2)(A)-(C).
---------------------------------------------------------------------------

    Rule 98(c)(3)(C) also provides that a Floor-based employee of a DMM
unit who moves to a location off the trading floor of the Exchange, or
any person who provides risk management oversight or supervision of the
Floor-based operations of the DMM unit and becomes aware of Floor-based
non-public order information, shall not (1) make such information
available to customers, (2) make such information available to
individuals or systems responsible for making trading decisions in DMM
securities in away markets or related products, or (3) use any such
information in connection with making trading decisions in DMM
securities in away markets or related products. The rule covers an
individual that leaves the Floor, as well as a manager providing
oversight or supervision of the Floor-based operations of the DMM unit.
Submission and approval of a DMM unit's written policies and procedures
addressing the requirements of Rule 98 is a prerequisite to operating a
DMM unit on the Floor. The Exchange notes that all member organizations
currently operating DMM units already have in place written policies
and procedures to comply with Rule 98.
    The significant safeguards must be viewed in the context of the
evolution of equities markets away from manual executions toward an
electronic market that automates executions and in many cases hard
codes the rule requirements into the execution logic. Over the years
the Exchange has enhanced the transparency of its marketplace and
significantly reduced the amount of material, non-public information
available to DMMs. For instance, the Exchange disseminates Closing
Auction Imbalance Information beginning 10 minutes before the scheduled
end of Core Trading Hours, which provides updated imbalance information
and indicative closing prices. Moreover, the Commission recently
approved a rule filing to make permanent a rule change that Floor
brokers would no longer be permitted to represent verbal interest
intended for the Closing Auction, as defined in Rule 7.35, and require
all Floor brokers to enter orders for the

Closing Auction electronically during Core Trading Hours.\38\ This
proposed change permanently eliminated one of the few remaining pieces
of information available only to Floor-based DMMs. Moreover, since
Floor broker verbal interest had to be entered manually by the DMM,
this rule change also eliminated one of the only significant remaining
manual trading opportunities for DMMs. DMMs continue to have benefits
in connection with their unique role. For example, at the point of
sale, DMMs have access to aggregated buying and selling interest that
is eligible to participate in the Closing Auction.\39\ However,
pursuant to current Rule 104(h)(ii), a DMM may not use any information
provided by Exchange systems in a manner that would violate Exchange
rules or federal securities laws or regulations. In addition, pursuant
to current Rule 104(h)(iii), Floor brokers may request that a DMM
provide them with the information that is available to the DMM at the
post, including such aggregated buying and selling interest for the
Closing Auction.
---------------------------------------------------------------------------

    \38\ See Securities Exchange Act Release No. 92480 (July 23,
2021), 86 FR 40885 (July 29, 2021) (SR-NYSE-2020-95) (Notice of
Filing of Amendment No. 2 and Order Granting Accelerated Approval of
Proposed Rule Change, as Modified by Amendment No. 2, To Make
Permanent Commentaries to Rule 7.35A and Commentaries to Rule 7.35B
and To Make Related Changes to Rules 7.32, 7.35C, 46B, and 47).
    \39\ DMM unit algorithms, however, are not provided aggregated
buying and selling interest for the Closing Auction until after the
end of Core Trading Hours.
---------------------------------------------------------------------------

    Finally, trading on the Exchange is subject to a comprehensive
regulatory program that includes a suite of surveillances that review
trading by DMMs and other market participants on the Floor, including
surveillances designed to monitor for trading ahead and manipulative
activity. To assist Exchange surveillance of DMM trading activity, a
member organization operating a DMM unit must daily provide the
Exchange with net position information in DMM securities by the DMM
unit and any independent trading unit of which it is part for such
times and in the manner prescribed by the Exchange pursuant to Rule
98(c)(5). In addition, routine examinations are conducted consistent
with the current exam-based regulatory program associated with Rule 98
that reviews member organizations operating DMM units for compliance
with the above-described policies and procedures to protect against the
misuse of material nonpublic information. Based on the foregoing, and
because the Exchange believes that DMM market-making activity is not
materially different from market-making on other exchanges, the
Exchange believes that these existing programs are reasonably designed
to address any concerns that may be raised by the trading of the
specified listed ETPs that have underlying NYSE Component Securities.
    For all of the reasons stated above, the proposal is therefore
consistent with the requirements of the Act.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act,\40\ in general, and furthers the objectives of
Sections 6(b)(5) of the Act,\41\ in particular, because it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to, and perfect the mechanisms of,
a free and open market and a national market system and, in general, to
protect investors and the public interest and because it is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \40\ 15 U.S.C. 78f(b).
    \41\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that listing and trading ETPs
that have underlying NYSE Component Securities and that also meet the
composition and concentration requirements set forth in the listing
criteria of Rules 5.2(j)(3), Supplementary Material .01(a);
5.2(j)(6)(B)(I); 8.100, Supplementary Material .01(a)(A); and 8.600,
Supplementary Material .01(a) as well as those proposed under Rule
5.2(j)(8)(e)(1)(B), would remove impediments to and perfect the
mechanism of a free and open market and a national market system by
facilitating the of listing and trading a broader range of ETPs
consistent with the Exchange's current structure to trade listed
securities. The Exchange believes that permitting the ETPs with
underlying NYSE Component Securities that meet the criteria of the
specified listing rules (including as amended) would meet the type of
listing criteria previously identified by the Commission as
sufficiently broad-based and well-diversified to protect against
potential manipulation. The Exchange believes that these safeguards
would continue to serve to prevent fraudulent and manipulative acts and
practices, as well as to protect investors and the public interest from
concerns that may be associated with integrated market making and any
possible misuse of non-public information. Accordingly, the Exchange
believes that integrated market making and side-by-side trading in both
the listed ETP and underlying listed NMS stock components is
appropriate with no additional requirement for information barriers or
physical or organizational separation.
    The Exchange believes that the proposed changes to Rule 98 to
exclude any ETPs listed on the Exchange from the definition of
``related products'' would remove impediments to and perfect the
mechanism of a free and open market and a national market system
because it would facilitate the assignment of listed ETPs, which would
include ETPs with underlying NYSE Component Securities that meet the
specified listing rules in Rules 5P and 8P, to DMMs and permit DMMs to
trade such listed ETPs consistent with existing Rules governing DMM
trading, including, for example, Rule 104.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\42\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, the Exchange believes that the proposed
rule change would facilitate the listing of additional ETPs on the
Exchange by allowing such securities to trade no differently than other
securities listed on the Exchange, including assigning such securities
to a DMM, which would enable the Exchange to further compete with
unaffiliated exchange competitors that also list and trade ETPs. The
proposed rule changes would also provide issuers with greater choice in
potential listing venues for their ETP products to include an exchange
model that includes a DMM assigned to their security and related
benefits to an issuer as a result of the Exchange's high-touch trading
model. The Exchange accordingly believes that the proposed change would
promote competition by facilitating the listing and trading of a
broader range of ETPs on the Exchange.
---------------------------------------------------------------------------

    \42\ 15 U.S.C. 78f(b)(8).

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

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 up to 90 days (i) as the Commission may designate
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 protected]. Please include
File Number SR-NYSE-2022-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2022-04. 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-NYSE-2022-04 and should be submitted on
or before February 22, 2022.
---------------------------------------------------------------------------

    \43\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\43\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-01851 Filed 1-28-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 28, 2008 (Volume 73, Number 168)]
[Rules and Regulations]
[Page 50709-50711]
[DOCID:fr28au08-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0046; Directorate Identifier 2007-NM-270-AD;
Amendment 39-15650; AD 2008-17-12]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A318, A319, A320, and A321
Series Airplanes Equipped With Certain Northrop Grumman (Formerly
Litton) Air Data Inertial Reference Units

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to certain Airbus Model A319, A320, and A321 series
airplanes equipped with certain Litton air data inertial reference
units (ADIRUs). That AD currently requires modifying the shelf (floor
panel) above ADIRU 3, modifying the polycarbonate guard that covers the
ADIRUs for certain airplanes, and modifying the ladder located in the
avionics compartment for certain airplanes. This new AD requires those
modifications on additional airplanes. This new AD also requires
replacing all three ADIRUs with improved ADIRUs. This new AD also adds
Model A318 series airplanes to the applicability. This AD results from
reports that ``NAV IR FAULT'' messages have occurred during takeoff due
to failure of an ADIRU and subsequent analysis showing that the shelf
modification has not sufficiently addressed failure of an ADIRU. We are
issuing this AD to prevent failure of an ADIRU during flight, which
could result in loss of one source of critical attitude and airspeed
data and reduce the ability of the flightcrew to control the airplane.

DATES: This AD becomes effective October 2, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of October 2,
2008.
    On January 27, 2004 (68 FR 74172, December 23, 2003), the Director
of the Federal Register approved the incorporation by reference of a
certain publication.

ADDRESSES: For service information identified in this AD, contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2141; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2003-26-03, amendment
39-13399 (68 FR 74172, December 23, 2003). The existing AD applies to
certain Airbus Model A319, A320, and A321 series airplanes equipped
with certain Litton air data inertial reference units (ADIRUs). That
NPRM was published in the Federal Register on January 24, 2008 (73 FR
4129). That NPRM proposed to continue to require modifying the shelf
(floor panel) above ADIRU 3, modifying the polycarbonate guard that
covers the ADIRUs for certain airplanes, and modifying the ladder
located in the avionics compartment for certain airplanes. That NPRM
also proposed to require those modifications on additional airplanes.
That NPRM also proposed to require replacing all three ADIRUs with
improved ADIRUs. That NPRM also proposed to add Model

A318 series airplanes to the applicability.

Actions Since NPRM Was Issued

    Airbus has issued Service Bulletin A320-34-1350, Revision 01, dated
December 12, 2007. In the NPRM, we referred to the original issue of
the service bulletin, dated March 20, 2006, as the appropriate source
of service information for replacing the ADIRUs with new, improved
ADIRUs. The procedures in Revision 01 of the service bulletin are
essentially the same as those in the original issue of the service
bulletin. Therefore, we have revised paragraph (h) of this AD to also
refer to Revision 01 of the service bulletin.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comment that has been
received on the NPRM.

Request to Revise the Applicability

    Airbus requests that we revise the applicability of the NPRM to
also exempt airplanes equipped with three ADIRUs having P/N 465020-
0303-0316 on which Airbus Service Bulletin A320-25-1248 has been
applied in service.
    We agree that this AD does not apply to airplanes equipped with
three ADIRUs having P/N<PHONE_NUMBER>-0316 on which Airbus Service
Bulletin A320-25-1248 was incorporated in service. We have revised
paragraph (c) of this AD accordingly.

Conclusion

    We have carefully reviewed the available data, including the
comment that has been received, and determined that air safety and the
public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 658 airplanes of U.S. registry.
    The actions that are required by AD 2003-26-03 and retained in this
AD take about 4 work hours per airplane, at an average labor rate of
$80 per work hour. Required parts cost about $300 per airplane. Based
on these figures, the estimated cost of the currently required actions
for U.S. operators is $407,960, or $620 per airplane.
    The new actions take about 3 work hours per airplane, at an average
labor rate of $80 per work hour. The manufacturer states that it will
supply the required parts to operators at no cost. Based on these
figures, the estimated cost of the new actions specified in this AD for
U.S. operators is $157,920, or $240 per airplane.

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 have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will 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 that this AD:
    (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) 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-13399 (68 FR 74172, December 23, 2003) and by
adding the following new airworthiness directive (AD):

2008-17-12 Airbus: Amendment 39-15650. Docket No. FAA-2008-0046;
Directorate Identifier 2007-NM-270-AD.

Effective Date

    (a) This AD becomes effective October 2, 2008.

Affected ADs

    (b) This AD supersedes AD 2003-26-03.

Applicability

    (c) This AD applies to Airbus Model A318, A319, A320, and A321
series airplanes, certificated in any category; equipped with at
least one Northrop Grumman (formerly Litton) air data inertial
reference unit (ADIRU), part number (P/N)<PHONE_NUMBER>-0307, -0308, -
0309, -0312, -0314, -0315, or -0316; except airplanes equipped with
three ADIRUs having P/N<PHONE_NUMBER>-0316 and on which Airbus
Modification 30650 or 30872 has been incorporated in production, or
on which Airbus Service Bulletin A320-25-1248 has been applied in
service.

Unsafe Condition

    (d) This AD results from reports that ``NAV IR FAULT'' messages
have occurred during takeoff due to failure of an ADIRU and
subsequent analysis showing that the shelf modification has not
sufficiently addressed failure of an ADIRU. We are issuing this AD
to prevent failure of an ADIRU during flight, which could result in
loss of one source of critical attitude and airspeed data and reduce
the ability of the flightcrew to control the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Requirements of AD 2003-26-03

Modification

    (f) For Model A319, A320, and A321 series airplanes, equipped
with any Litton ADIRU installed in accordance with Airbus
Modification 24852, 25108, 25336, 26002, or 28218: Within 2 years
after January 27, 2004 (the effective date of AD 2003-26-03), do the
modifications specified in paragraphs (f)(1), (f)(2), and (f)(3) of
this AD, as applicable, in accordance with paragraphs A. through D.
of the Accomplishment Instructions of Airbus Service Bulletin A320-
25-1248, dated February 16, 2001; or Airbus Service Bulletin

A320-25-1248, Revision 01, dated April 16, 2003; as applicable.
    (1) For all airplanes: Modify the shelf (floor panel) above
ADIRU 3 by installing shims between the shelf and the webs of the
shelf support structure.
    (2) For airplanes with Airbus Modification 25900P3941 or Airbus
Service Bulletin A320-25-1200 accomplished as of January 27, 2004:
Modify the polycarbonate guard (umbrella) protecting the ADIRUs by
installing shims between the guard and the shelf support structure.
    (3) For airplanes with Airbus Modification 23027P2852 or Airbus
Service Bulletin A320-52-1038 accomplished as of January 27, 2004:
Modify the ladder located in the avionics compartment by machining
the slot at the foot of the ladder to increase the depth by 0.236
inch.

New Requirements of This AD

Modification for Certain Airplanes

    (g) For all airplanes equipped with any ADIRU installed in
accordance with Airbus Modification 31070, 31742, or 35517, except
airplanes on which Airbus Modification 30650 or 30872 has been
accomplished in production: Within 46 months after the effective
date of this AD, modify the ADIRU shelf supports by accomplishing
all of the applicable actions specified in the Accomplishment
Instructions of Airbus Service Bulletin A320-25-1248, Revision 01,
dated April 16, 2003.

Replacement of ADIRUs

    (h) For all airplanes except those on which Airbus Modification
35517 has been incorporated in production: Within 46 months after
the effective date of this AD, replace all three ADIRUs with
improved ADIRUs having P/N<PHONE_NUMBER>-0316 in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-34-1350,
dated March 20, 2006; or Airbus Service Bulletin A320-34-1350,
Revision 01, dated December 12, 2007.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
Send information to ATTN Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2141; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.

Related Information

    (j) European Aviation Safety Agency airworthiness directive
2007-0217, dated August 9, 2007, also addresses the subject of this
AD.

Material Incorporated by Reference

    (k) You must use service information identified in Table 1 of
this AD, as applicable, to perform the actions that are required by
this AD, unless the AD specifies otherwise.

                                 Table 1--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
           Service bulletin                        Revision level                            Date
----------------------------------------------------------------------------------------------------------------
Airbus Service Bulletin A320-25-1248..  Original...........................  February 16, 2001.
Airbus Service Bulletin A320-25-1248..  01.................................  April 16, 2003.
Airbus Service Bulletin A320-34-1350..  Original...........................  March 20, 2006.
Airbus Service Bulletin A320-34-1350..  01.................................  December 12, 2007.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of the documents identified in Table 2 of
this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

                                 Table 2--New Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
           Service bulletin                        Revision level                            Date
----------------------------------------------------------------------------------------------------------------
Airbus Service Bulletin A320-25-1248..  01.................................  April 16, 2003.
Airbus Service Bulletin A320-34-1350..  Original...........................  March 20, 2006.
Airbus Service Bulletin A320-34-1350..  01.................................  December 12, 2007.
----------------------------------------------------------------------------------------------------------------

    (2) On January 27, 2004 (68 FR 74172, December 23, 2003), the
Director of the Federal Register approved the incorporation by
reference of Airbus Service Bulletin A320-25-1248, dated February
16, 2001.
    (3) Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac
Cedex, France, for a copy of this service information. You may
review copies at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 6, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-19138 Filed 8-27-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8641-8642]
[FR Doc No: 2015-03294]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0030; FRL-9922-01-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Metallic Mineral Processing Plants
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NSPS for Metallic Mineral
Processing Plants (40 CFR part 60, subpart LL) (Renewal)'' (EPA ICR No.
0982.11, OMB Control No. 2060-0016) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of
the ICR, which is currently approved through February 28, 2015. Public
comments were previously requested via the Federal Register (79 FR
30117) on May 27, 2014 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An Agency may not conduct or sponsor and a
person is not required to respond

to a collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or March 20, 2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0030, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: This NSPS affects owners and operators of metallic
mineral processing plants. Owners and operators must conduct initial
performance tests, maintain records of startups, shutdowns, and
malfunction and continuous monitoring system parameters, and submit
semi-annual reports. The required semiannual reports are used to
determine periods of excess emissions, identify problems at the
facility, verify operation/maintenance procedures, and for compliance
determinations. This information is collected to assure compliance with
40 CFR part 60, subpart LL.
    Form Numbers: None.
    Respondents/affected entities: Owners and operators of metallic
mineral processing plants.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart LL).
    Estimated number of respondents: 20 (total).
    Frequency of response: Initially, occasionally, and semiannually.
    Total estimated burden: 2,306 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $238,739 (per year), includes $0 annualized
capital and $13,000 in operation & maintenance costs.
    Changes in the Estimates: There is no change in the total estimated
respondent burden compared with the ICR currently approved by OMB.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-03294 Filed 2-17-15; 8:45 am]
BILLING CODE 6560-50-P