[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Proposed Rules]
[Pages 24257-24260]
[FR Doc No: 2017-10439]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0140; Directorate Identifier 2017-NE-05-AD]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Rolls-Royce Deutschland Ltd & Co KG (RRD) model Tay 620-15
turbofan engines. This proposed AD was prompted by RRD recalculating
the life limit for certain high-pressure compressor (HPC) stage 12
rotor disks.

This proposed AD would require reducing the maximum approved life
limit. We are proposing this AD to correct the unsafe condition on
these products.

DATES: We must receive comments on this NPRM by July 10, 2017.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    For service information identified in this proposed AD, contact
Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11-15827 Dahlewitz,
Blankenfelde-Mahlow, Germany; phone: +49 0 33-7086-1944; fax: +49 0 33-
7086-3276. You may view this service information at the FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA 01803. For
information on the availability of this material at the FAA, call 781-
238-7125.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0140; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the mandatory continuing airworthiness
information (MCAI), the regulatory evaluation, any comments received,
and other information. The address for the Docket Office (phone: 800-
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Robert Green, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 1200
District Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-
238-7199; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2017-0140;
Directorate Identifier 2017-NE-05-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2017-0010, dated January 16, 2017 (referred to hereinafter as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    Based on revised stress analysis and life calculation, Rolls-
Royce Deutschland (RRD) determined new provisional life limits for
HPC stage 12 rotor disc Part Number (P/N) JR18449, reducing the
maximum approved life limit defined in the Tay 620-15 and Tay 620-
15/20 engine Time Limits Manual (TLM), Chapter 05-10-01, Task 05-10-
01-800-000, currently at revision dated 15 September 2014. Failure
to replace a HPC stage 12 rotor disc P/N JR18449, before exceeding
the thresholds defined by this AD, could lead to an uncontained HPC
stage 12 rotor disc failure, possibly resulting in damage to, and/or
reduced control of, the aeroplane.

    You may obtain further information by examining the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2017-0140.

Related Service Information

    RRD has issued Alert Non-Modification Service Bulletin (NMSB) TAY-
72-A1813, dated October 11, 2016. The Alert NMSB provides instructions
to determine or re-calculate the consumed and remaining service life.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of
Germany, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the European Community, EASA has
notified us of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all information provided by EASA and determined the unsafe
condition exists and is likely to exist or develop on other products of
the same type design. This proposed AD would require reducing the
maximum approved life limit for HPC stage 12 rotor disk, part number
JR18449.

Costs of Compliance

    We estimate that this proposed AD affects 25 engines installed on
airplanes of U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Pro-rated life........................  1 work-hour x $85 per             $3,858          $3,943         $98,575
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for

safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Rolls-Royce Deutschland Ltd & Co KG: Docket No. FAA-2017-0140;
Directorate Identifier 2017-NE-05-AD.

(a) Comments Due Date

    We must receive comments by July 10, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG (RRD)
model Tay 620-15 turbofan engines with high-pressure compressor
(HPC) modules M03100AA, or M03100AB, or M03100AC and HPC stage 12
rotor disk part number (P/N) JR18449 installed.

(d) Subject

    Joint Aircraft System Component (JASC) 7230, Turbine Engine
Compressor Section.

(e) Reason

    This AD was prompted by RRD recalculating the life limit for HPC
stage 12 rotor disk P/N JR18449. We are issuing this AD to prevent
failure of the HPC stage 12 rotor disk, uncontained HPC stage 12
rotor disk release, damage to the engine, and damage to the
airplane.

(f) Compliance

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

(g) Required Actions

    (1) Within 30 days after the effective date of this AD,
determine whether the HPC stage 12 rotor disk has operated in both
flight profiles A and B. If the rotor disk was operated, or is
operating, in both flight profiles A and B, re-calculate the
consumed cyclic life using 16,700 flight cycles (FC) as the maximum
approved life limit for flight profile B.
    (2) After the effective date of this AD, the maximum approved
life limit for affected rotor disks operating in flight profile B is
16,700 FC. Calculate the consumed cyclic life accumulated since new
using 16,700 FC as the maximum approved life limit for flight
profile B.
    (3) For those engines operating in flight profile B with an HPC
stage 12 rotor disk P/N JR18449 installed, that do not have an
engine shop visit after the effective date of this AD before the re-
calculated consumed cyclic life of the HPC stage 12 disk exceeds
16,700 FC, remove the affected rotor disk from service before the
re-calculated consumed cyclic life exceeds the threshold(s) defined
in Figure 1 to paragraph (g) of this AD.

   Figure 1 to Paragraph (g)--Remove Affected Rotor Disks From Service
------------------------------------------------------------------------
  Recalculated consumed cyclic life on     Remove affected rotor disks
     the effective date of this AD                 from service
------------------------------------------------------------------------
(i) less than 15,700 FC................  Before exceeding 16,700 FC
                                          since new
(ii) 15,700 FC or more, but less than    Either:
 16,700 FC.                              (A) Within 1,000 FC or 19
                                          months after the effective
                                          date of this AD, whichever
                                          occurs first; or
                                            (B) Before exceeding 16,700
                                             FC since new,
                                         whichever occurs later.
(iii) 16,700 FC or more................  Either:
                                            (A) Within 1,000 FC after
                                             the effective date of this
                                             AD, or
                                            (B) Before exceeding 20,000
                                             FC since new, or
                                            (C) Within 19 months after
                                             the effective date of this
                                             AD,
                                         whichever occurs first.
------------------------------------------------------------------------

(h) Installation Prohibition

    After the effective date of this AD, installation of a
serviceable spare engine or release to service of an engine after
any shop visit, is allowed, provided the installed HPC stage 12
rotor disk, P/N JR18449, is a serviceable part.

(i) Definition

    For the purpose of this AD, a serviceable part is an HPC stage
12 rotor disk, P/N JR18449, that has not exceeded 20,500 FC for
flight profile A or 16,700 FC for flight profile B, as applicable to
engine operation.

(j) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(k) Related Information

    (1) For more information about this AD, contact Robert Green,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency (EASA), AD
2017-0010, dated January 16, 2017, for more information. You may
examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No.
FAA-2017-0140.
    (3) RRD Alert Non-Modification Service Bulletin (NMSB) TAY-72-
A1813, dated October 11, 2016, can be obtained from RRD, using the
contact information in paragraph (k)(4) of this proposed AD.

    (4) For service information identified in this proposed AD,
contact Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11-15827
Dahlewitz, Blankenfelde-Mahlow, Germany; phone: +49 0 33-7086-1944;
fax: +49 0 33-7086-3276.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA. For
information on the availability of this material at the FAA, call
781-238-7125.

    Issued in Burlington, Massachusetts, on May 3, 2017.
Robert J. Ganley,
Acting Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2017-10439 Filed 5-25-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 25, 2008 (Volume 73, Number 37)]
[Notices]
[Page 10024-10025]
[DOCID:fr25fe08-65]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR05-16-001]

Enstor Grama Ridge Storage and Transportation LLC; Notice of Out
of Time Informational Filing

February 15, 2008.
    Take notice that on January 23, 2008, Enstor Grama Ridge Storage
and Transportation LLC (Enstor Grama) filed out of time to notify the
Commission of a change in its market power status pursuant to Ordering
Paragraph (A) of the December 21, 2005, Commission Order.\1\ The
December 21 Order granted Enstor Grama market-based rate authority for
firm and interruptible storage services performed under Section 311 of
the Natural Gas Policy Act and required the company to notify the
Commission of changes and/or acquisitions that affect its market power
status.
---------------------------------------------------------------------------

    \1\ Grama Ridge Storage and Transportation, LLC, 113 FERC 61,301
(2005).
---------------------------------------------------------------------------

    Enstor Grama explains that during its preparation of the required
notification of an affiliate's acquisition of Freebird Gas Storage, LLC
in Lamar County, Alabama, Enstor Grama realized it had not timely
reported the increased storage capacity at the Grama Ridge Facilities
as required by the Commission. Enstor Grama's instant filing states
that the Grama Ridge Facility's working gas capacity has increased from
4.5 Bcf to 7.7 Bcf. The instant filing also includes a revised market
power analysis.
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.

    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time February 21, 2008.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-3498 Filed 2-22-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 140 (Tuesday, July 21, 2020)]
[Notices]
[Pages 44065-44066]
[FR Doc No: 2020-15716]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-2414-000]

Moss Landing Energy Storage 1, LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Moss Landing Energy Storage 1, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 4, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the

Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426. Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact the Federal Energy Regulatory
Commission at<EMAIL_ADDRESS>or call toll-free, (886) 208-
3676 or TYY,<PHONE_NUMBER>.

    Dated: July 15, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-15716 Filed 7-20-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74165-74167]
[FR Doc No: 2015-30076]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76490; File No. SR-BX-2015-073]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Extend
the Pilot Period for the Retail Price Improvement Program Until
December 1, 2016

November 20, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 12, 2015, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

    The [sic] to extend the pilot period for the Exchange's Retail
Price Improvement (``RPI'') Program (the ``Program''), which is set to
expire on December 1, 2015, for a period of one year, to expire on
December 1, 2016.
    The Exchange has designated December 1, 2015 as the date the
proposed rule change becomes effective.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxbx.cchwallstreet.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to extend the pilot period of the RPI
Program,\3\ currently scheduled to expire on December 1, 2015, for an
additional year, until December 1, 2016.
---------------------------------------------------------------------------

    \3\ Securities Exchange Act Release No. 73702 (November 28,
2014), 79 FR 72049 (December 4, 2014) (``RPI Approval Order'') (SR-
BX-2014-048).
---------------------------------------------------------------------------

Background
    In November 2014, the Commission approved the RPI Program on a
pilot basis.\4\ The Program is designed to attract retail order flow to
the Exchange, and allow such order flow to receive potential price
improvement. The Program is currently limited to trades occurring at
prices equal to or greater than $1.00 per share. Under the Program, a
new class of market participant called a Retail Member Organization
(``RMO'') is eligible to submit certain retail order flow (``Retail
Orders'') \5\ to the Exchange. BX members (``Members'') are permitted
to provide potential price improvement for Retail Orders in the form of
non-displayed interest that is priced more aggressively than the
Protected National Best Bid or Offer (``Protected NBBO'').\6\
---------------------------------------------------------------------------

    \4\ See id.
    \5\ A ``Retail Order'' is defined in BX Rule 4780(a)(2) by
referencing BX Rule 4702, and BX Rule 4702(b)(6) says it is an order
type with a non-display order attribute submitted to the Exchange by
a RMO. A Retail Order must be an agency order, or riskless principal
order that satisfies the criteria of is an agency or riskless
principal order that originates from a natural person and is
submitted to BX by a RMO, provided that no change is made to the
terms of the order with respect to price (except in the case that a
market order is changed to a marketable limit order) or side of
market and the order does not originate from a trading algorithm or
any other computerized methodology.
    \6\ The term Protected Quotation is defined in Chapter XII, Sec.
1(19) and has the same meaning as is set forth in Regulation NMS
Rule 600(b)(58). The Protected NBBO is the best-priced protected bid
and offer. Generally, the Protected NBBO and the national best bid
and offer (``NBBO'') will be the same. However, a market center is
not required to route to the NBBO if that market center is subject
to an exception under Regulation NMS Rule 611(b)(1) or if such NBBO
is otherwise not available for an automatic execution. In such case,
the Protected NBBO would be the best-priced protected bid or offer
to which a market center must route interest pursuant to Regulation
NMS Rule 611.
---------------------------------------------------------------------------

    The Program was approved by the Commission on a pilot basis running
one-year from the date of implementation.\7\ The Commission approved
the Program on November 28, 2014.\8\ The Exchange implemented the

Program on December 1, 2014. Thus, the pilot period for the Program is
scheduled to end on December 1, 2015.
---------------------------------------------------------------------------

    \7\ See RPI Approval Order, supra note 3 at 72053.
    \8\ Id. at 72049.
---------------------------------------------------------------------------

Proposal To Extend the Operation of the Program
    The Exchange established the RPI Program in an attempt to attract
retail order flow to the Exchange by potentially providing price
improvement to such order flow. The Exchange believes that the Program
promotes competition for retail order flow by allowing Exchange members
to submit Retail Price Improvement Orders (``RPI Orders'') \9\ to
interact with Retail Orders. Such competition has the ability to
promote efficiency by facilitating the price discovery process and
generating additional investor interest in trading securities, thereby
promoting capital formation. The Exchange believes that extending the
pilot is appropriate because it will allow the Exchange and the
Commission additional time to analyze data regarding the Program that
the Exchange has committed to provide.\10\ As such, the Exchange
believes that it is appropriate to extend the current operation of the
Program.\11\ Through this filing, the Exchange seeks to extend the
current pilot period of the Program until December 1, 2016.
---------------------------------------------------------------------------

    \9\ A Retail Price Improvement Order is defined in BX Rule
4780(a)(3) by referencing BX Rule 4702 and BX Rule 4702(b)(5) says
that it is as an order type with a non-display order attribute that
is held on the Exchange Book in order to provide liquidity at a
price at least $0.001 better than the NBBO through a special
execution process described in Rule 4780.
    \10\ See RPI Approval Order, supra note 3 at 72051.
    \11\ Concurrently with this filing, the Exchange has submitted a
request for an extension of the exemption under Regulation NMS Rule
612 previously granted by the Commission that permits it to accept
and rank the RPI orders in sub-penny increments. See Letter from
Jeffrey S. Davis, Vice President and Deputy General Counsel and
Secretary, NASDAQ OMX BX, Inc. to Brent J. Fields, Secretary,
Securities and Exchange Commission dated November 12, 2015.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\12\ in general, and with
Section 6(b)(5) of the Act,\13\ in particular, in that it is designed
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general to protect investors and the
public interest.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that extending the pilot period for the RPI
Program is consistent with these principles because the Program is
reasonably designed to attract retail order flow to the exchange
environment, while helping to ensure that retail investors benefit from
the better price that liquidity providers are willing to give their
orders. Additionally, as previously stated, the competition promoted by
the Program may facilitate the price discovery process and potentially
generate additional investor interest in trading securities. The
extension of the pilot period will allow the Commission and the
Exchange to continue to monitor the Program for its potential effects
on public price discovery, and on the broader market structure.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. The
proposed rule change extends an established pilot program for one year,
thus allowing the RPI Program to enhance competition for retail order
flow and contribute to the public price discovery process.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6) \15\ thereunder
because the proposal does not: (i) Significantly affect the protection
of investors or the public interest; (ii) impose any significant burden
on competition; and (iii) by its terms, become operative for 30 days
from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest.\16\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's 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 Commission is waiving this this
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \17\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay period. The Exchange states
that waiving the operative delay would allow the pilot period to
continue uninterrupted, which the Exchange argues would be beneficial
to market participants and would help to eliminate the potential for
investor confusion.
---------------------------------------------------------------------------

    \17\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiver of the 30-day operative delay
period is consistent with the protection of investors and the public
interest. Specifically, the Commission believes that the proposal would
allow the RPI Program to continue uninterrupted and to provide
additional time for data about the program to be generated and
analyzed. For these reasons, the Commission believes that waiving the
30-day operative delay is consistent with the protection of investors
and the public interest, and designates the proposed rule change to be
operative upon filing with the Commission.\18\
---------------------------------------------------------------------------

    \18\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.\19\
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-BX-2015-073 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-BX-2015-073. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2015-073 and should be
submitted on or before December 18, 2015.
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12), (59).
---------------------------------------------------------------------------

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-30076 Filed 11-25-15; 8:45 am]
 BILLING CODE 8011-01-P