[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Pages 26985-26990]
[FR Doc No: 2021-10388]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91874; File No. SR-NASDAQ-2021-036]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Allow Broker-Dealers That Purchase the Nasdaq Basic Enterprise License
at Equity 7, Section 147(b)(5) to Distribute Nasdaq Last Sale (``NLS'')
to the General Investing Public

May 12, 2021.
    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 April 30, 2021, 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 Substance
of the Proposed Rule Change

    The Exchange proposes to allow broker-dealers that purchase the
Nasdaq Basic enterprise license at Equity 7, Section 147(b)(5) to
distribute Nasdaq Last Sale (``NLS'') to the general investing public
under the same terms and conditions currently permitted under the NLS
enterprise license at Equity 7, Section 139(b)(4). The current Nasdaq
Basic enterprise license at Section 147(b)(5) allows distribution of
NLS to natural persons in a brokerage relationship with the broker-
dealer, while the current NLS enterprise license at Section 139(b)(4)
allows distribution to the general investing public for Display Usage,
and requires the Distributor to have a reasonable basis to conclude
that all Users of such information are either Non-Professionals or
Professionals whom the Distributor has no reason to believe are using
NLS in their professional capacity. The proposal is to allow broker-
dealers that purchase the Nasdaq Basic enterprise license at Section
147(b)(5) to distribute NLS to the general investing public for Display
Usage under the same conditions as set forth at Section 139(b)(4).
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to allow broker-dealers that purchase the
Nasdaq Basic enterprise license at Equity 7, Section 147(b)(5) to
distribute NLS to the general investing public under the same terms and
conditions currently permitted under the NLS enterprise license at
Equity 7, Section 139(b)(4). The current Nasdaq Basic enterprise
license at Section 147(b)(5) limits distribution of NLS to natural
persons in a brokerage relationship with the broker-dealer, while the
current NLS enterprise license at Section 139(b)(4) allows distribution
to the general

investing public for Display Usage,\3\ and requires the Distributor \4\
to have a reasonable basis to conclude that all Users of such
information are either Non-Professionals \5\ or Professionals \6\ whom
the Distributor has no reason to believe are using NLS in their
professional capacity. The proposal is to allow broker-dealers that
purchase the Nasdaq Basic enterprise license at Section 147(b)(5) to
distribute NLS to the general investing public for Display Usage under
the same conditions set forth at Section 139(b)(4).\7\
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    \3\ ``Display Usage'' means ``any method of accessing Exchange
Information that involves the display of such data on a screen or
other mechanism designed for access or use by a natural person or
persons.'' Equity 7, Section 139(f)(2).
    \4\ A ``Distributor'' is ``an entity, as identified in the
Nasdaq Global Data Agreement (or any successor agreement), that
executes such an Agreement and has access to Exchange Information,
together with its affiliates having such access.'' Equity 7, Section
139(f)(3).
    \5\ A ``Non-Professional Subscriber'' is ``a natural person who
is not: (A) Registered or qualified in any capacity with the
Securities and Exchange Commission, the Commodity Futures Trading
Commission, any state securities agency, any securities exchange or
association, or any commodities or futures contract market or
association; (B) engaged as an ``investment adviser'' as that term
is defined in Section 202(a)(11) of the Investment Advisers Act of
1940 (whether or not registered or qualified under that Act); or (C)
employed by a bank or other organization exempt from registration
under federal or state securities laws to perform functions that
would require registration or qualification if such functions were
performed for an organization not so exempt.'' Equity 7, Section
139(f)(6).
    \6\ A ``Professional Subscriber'' is ``any natural person,
proprietorship, corporation, partnership, or other entity whatever
other than a Non-Professional.'' Equity 7, Section 139(f)(7).
    \7\ The Exchange also proposes to introduce three conforming
changes. First, Nasdaq proposes language to clarify that the
approval requirements for electronic systems discussed in Section
147 apply to the distribution of Nasdaq Basic, not to the
distribution of NLS. Distribution of NLS will be approved according
to the standards set forth in Section 139, and will be subject to
all of the provisions, excluding the payment of fees, set forth in
Section 139(b)(4). Second, the Exchange proposes to replace an
incorrect citation to Equity 7, Section 147(d)(3) with the correct
citation to Equity 7, Section 147(d)(4). Third, the Exchange
proposes to remove a reference to Section 139(c) to clarify that the
enterprise license under Section 147(b)(5) covers the fees for
distribution to the general investing public listed in Equity 7,
Section 139(b), but not the fees for specialized use cases set forth
in Equity 7, Section 139(c).
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    No exchange fees will change as a result of the Proposal.
Current Enterprise Licenses for Nasdaq Basic and NLS
Nasdaq Basic
    Nasdaq Basic is a real-time market data product that offers best
bid and offer and last sale information for all U.S. exchange-listed
securities based on liquidity within the Nasdaq market center and
trades reported to the FINRA/Nasdaq Trade Reporting Facility (``TRF'').
It is a subset of the ``core'' quotation and last sale data provided by
securities information processors (``SIPs''), which distribute
consolidated data pursuant to the CTA/CQ Plan and the UTP Plan.
    Nasdaq Basic is separated into three components, which may be
purchased individually or in combination: (i) Nasdaq Basic for Nasdaq,
which contains the best bid and offer on the Nasdaq market center and
last sale transaction reports for Nasdaq and the FINRA/Nasdaq TRF for
Nasdaq-listed stocks; (ii) Nasdaq Basic for NYSE, which covers NYSE-
listed stocks, and (iii) Nasdaq Basic for NYSE American, which provides
data on stocks listed on NYSE American and other listing venues that
disseminate quotes and trade reports on Tape B. The specific data
elements available through Nasdaq Basic are: (i) Nasdaq Basic Quotes
(``QBBO''), the best bid and offer and associated size available in the
Nasdaq Market Center, as well as last sale transaction reports; (ii)
Nasdaq opening and closing prices, as well as IPO and trading halt
cross prices; and (iii) general exchange information, including systems
status reports, trading halt information, and a stock directory.
    Nasdaq offers an enterprise license for Nasdaq Basic that allows a
broker-dealer to distribute Nasdaq Basic, or Derived Data therefrom,
through any electronic system approved by Nasdaq, to an unlimited
number of Professional and Non-Professional Subscribers who are natural
persons and with whom the broker-dealer has a brokerage
relationship.\8\ The monthly fee for that license is $100,000.\9\ That
license also provides the right to distribute NLS to an unlimited
number of Professional and Non-Professional Subscribers who are natural
persons and with whom the broker-dealer has a brokerage relationship
without paying the fees set forth in Equity 7, Section 139(b) or
(c).\10\
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    \8\ See Equity 7 Section 147(b)(5).
    \9\ See id.
    \10\ The Nasdaq Basic enterprise license also includes a number
of other provisions and restrictions not at issue here, including
but not limited to: (i) A limitation that the use of the data by a
Professional Subscriber shall be limited to the brokerage
relationship, except that Nasdaq Basic data may be made available
for up to 4,500 internal Subscribers without incurring additional
fees; (ii) a requirement for a separate enterprise license for each
discrete electronic system; (iii) a requirement that the broker-
dealer pay distributor fees under paragraph (c)(1); and (iv) a
requirement that the broker-dealer report the number of Subscribers
receiving Nasdaq Basic under this license.
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Nasdaq Last Sale
    NLS provides real-time last sale information for executions
occurring within the Nasdaq market center and trades reported to the
jointly-operated FINRA/Nasdaq TRF.\11\ The NLS data feed, which
provides price, volume and time of execution data for last sale
transactions, includes transaction information for Nasdaq-listed stocks
(``NLS for Nasdaq'') and for stocks listed on NYSE, NYSE American, and
other Tape B listing venues (``NLS for NYSE/NYSE American'').\12\ It
is, like Nasdaq Basic, a non-core product that provides a subset of the
core data provided by the SIPs under the CTA and UTP plans.\13\
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    \11\ See Securities Exchange Act Release No. 55255 (February 8,
2007), 72 FR 7100 (February 14, 2007) (SR-NASDAQ-2006-060)
(proposing to establish Nasdaq Last Sale data feeds); see also
Securities Exchange Act Release No. 57965 (June 16, 2008), 73 FR
35178 (June 20, 2008) (SR-NASDAQ-2006-060) (approving SR-NASDAQ-
2006-060, as amended by Amendment Nos. 1 and 2, to implement NLS on
a pilot basis).
    \12\ See Securities Exchange Act Release No. 57965 (June 16,
2008), 73 FR 35178 (June 20, 2008) (SR-NASDAQ-2006-060).
    \13\ See Securities Exchange Act Release No. 34-82723 (February
15, 2018), 83 FR 7812 (February 22, 2018) (SR-NASDAQ-2018-010).
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    The Exchange offers an enterprise license for NLS under Section
139(b)(4), which allows any Distributor that is disseminating NLS to
the general investing public, and which would otherwise pay the Per
User, Per Query, or Per Device fees set forth in Equity 7, Sections
139(b)(1) through (3), to purchase a monthly enterprise license for
$41,500. To be eligible for the license, NLS must be distributed on a
platform(s) controlled by the Distributor and pre-approved by the
Exchange as providing the Distributor with a reasonable basis to
conclude that all Users of such Information \14\ are either Non-
Professionals or Professionals whom the Distributor has no reason to
believe are using Nasdaq Last Sale in their professional capacity.
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    \14\ ``Information'' means ``any data or information that has
been collected, validated, processed and/or recorded by the Exchange
and made available for transmission relating to: (i) Eligible
securities or other financial instruments, markets, products,
vehicles, indicators or devices; (ii) activities of the Exchange; or
(iii) other information or data from the Exchange. Information
includes, but is not limited to, any element of information used or
processed in such a way that Exchange Information or a substitute
for such Information can be identified, recalculated or re-
engineered from the processed information.'' See Equity 7, Section
139(f)(5).
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Proposed Change
    The Exchange proposes to allow broker-dealers that purchase the
Nasdaq Basic enterprise license at Equity 7, Section 147(b)(5) to
distribute NLS to the general investing public under the same terms and
conditions currently permitted under the NLS enterprise license at
Equity 7, Section 139(b)(4). Currently, broker-dealers that purchase

the Nasdaq Basic enterprise license are allowed to distribute NLS to
``an unlimited number of Professional and Non-Professional Subscribers
who are natural persons and with whom the broker-dealer has a brokerage
relationship,'' \15\ while Distributors that purchase the NLS
enterprise license may distribute NLS to any member of the general
investing public for Display Usage, provided that the Distributor has a
``reasonable basis to conclude that all Users of such Information are
either Non-Professionals or Professionals whom the Distributor has no
reason to believe are using Nasdaq Last Sale in their professional
capacity.'' \16\ Nasdaq proposes to allow purchasers of Nasdaq Basic to
distribute NLS to the general investing public for Display Usage under
the same terms and conditions as the NLS enterprise license.
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    \15\ Equity 7, Section 147(b)(5).
    \16\ Equity 7, Section 139(b)(4).
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    The Proposal will offer purchasers of the Nasdaq Basic enterprise
license at Equity 7, Section 147(b)(5) the full use of the NLS
enterprise license at Equity 7, Section 139(b)(4) at no extra charge.
The same terms and conditions applicable to the NLS enterprise license
will continue to apply to the distribution of NLS to the general
investing public under the Nasdaq Basic enterprise license. These
common conditions include: (i) A limitation that distribution of NLS
will be limited to Display Usage; \17\ (ii) a separate approval for
each platform that will distribute NLS will be required; \18\ and (iii)
a requirement that distribution be limited to the general investing
public.\19\ The Exchange also proposes to delete a reference Equity 7,
Section 139(c) to make it clear that distributors that utilize NLS for
one of the specialized use cases set forth at Equity 7, Section 139(c)
will be required to pay the fees applicable to such use cases, whether
or not they purchased the Nasdaq Basic or NLS enterprise licenses. All
of these restrictions currently apply to purchasers of the NLS
enterprise license.\20\ The Proposal will continue to allow the
distribution of Nasdaq Basic, including the last sale information that
is a component of Nasdaq Basic, under the terms and conditions set
forth in Equity 7, Section 147(b)(5) without change.
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    \17\ See id. (``For any customer that would otherwise eligible
for the Per User, Per Query, or Per Device fees set forth in
subsections (1) through (3) above, excluding any requirement to
count or track usage, a Distributor may purchase a monthly
enterprise license for $41,500 to distribute Nasdaq Last Sale data
to the General Investing Public for Display Usage to an unlimited
number of Users or Devices, including, but not limited to,
television distribution. . . .) (emphasis added).
    \18\ See id. (``To be eligible for the enterprise license,
Nasdaq Last Sale must be distributed on platform(s) controlled by
the Distributor and pre-approved by the Exchange as providing the
Distributor with a reasonable basis to conclude that all Users of
such Information are either Non-Professionals or Professionals whom
the Distributor has no reason to believe are using Nasdaq Last Sale
in their professional capacity.''). This is a different platform
approval requirement from that required to distribute Nasdaq Basic
under Section 147(b)(5). The approval for a Nasdaq Basic platform
under Section 147(b)(5) is used to confirm that the platform
distributes information within the brokerage relationship, and meets
all other requirements set forth within that license. The approval
for the NLS platform under Section 139(b)(4) is used to confirm that
the Distributor has a reasonable basis to conclude that all Users of
such Information are either Non-Professionals or Professionals whom
the Distributor has no reason to believe are using Nasdaq Last Sale
in their professional capacity. This modification places the same
platform approval requirement on purchasers of the Nasdaq Basic
enterprise license that choose to distribute NLS outside of the
brokerage relationship as customers that choose to solely purchase
the NLS enterprise license.
    \19\ Distribution of NLS under any specialized use case would
occur under the applicable fee set forth in Equity 7, Section
139(c). Compare Equity 7, Section 139(b) (identifying fees for
distribution to the General Investing Public) with Equity 7, Section
139(c) (identifying fees for specialized usage of NLS).
    \20\ Current purchasers of the Nasdaq Basic enterprise license
will not be circumscribed in their ability to distribute last sale
data within the parameters of that license. As explained above,
Nasdaq Basic contains both best bid and offer information and last
sale transaction reports. Customers that purchase Nasdaq Basic will
continue to be able to distribute last sale data within the
brokerage relationship as part of the Nasdaq Basic enterprise
license without change. The proposal will simply add a new option
for Nasdaq Basic customers: to distribute NLS data outside of the
brokerage relationship, under the same terms and conditions that
apply to purchasers of the NLS enterprise license.
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    The Proposal will allow broader distribution of NLS to the general
investing public and will lower our customers' administrative costs, as
they would not be required to restrict distribution to individuals with
brokerage accounts.
Discussion
Background
    Limitations on the distribution of NLS under the Nasdaq Basic
enterprise license have changed over time. The enterprise license was
initially proposed in 2011. At that time, distribution was limited to
Non-Professional Subscribers in a brokerage relationship, and NLS was
not included.\21\ Distribution of NLS was added in 2017,\22\ and, in
2018, distribution of NLS was limited to Professional and Non-
Professional Subscribers who are natural persons in a brokerage
relationship with the broker-dealer, the same limitation as the
distribution of Nasdaq Basic.\23\
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    \21\ See Securities Exchange Act Release No. 65526 (October 11,
2011), 76 FR 64137 (October 17, 2011) (SR-Nasdaq-2011-130).
    \22\ See Securities Exchange Act Release No. 81697 (September
25, 2017), 82 FR 45639 (September 29, 2017) (SR-Nasdaq-2017-095).
    \23\ See Securities Exchange Act Release No. 82723 (February 15,
2018), 83 FR 7812 (February 22, 2018) (SR-NASDAQ-2018-010).
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    In 2019, Nasdaq introduced the enterprise license fee for NLS at
Section 139(b)(4).\24\ The purpose of the enterprise license was to
lower the cost of distributing last sale data and expand its
availability to the general investing public by eliminating certain
counting requirements for NLS usage, and expanding the available
mechanisms for the delivery of NLS data. Nasdaq noted in that filing
that NLS had been designed to enable market-data distributors ``to
provide free access to [ ] data to millions of individual investors via
the internet and television'' and was expected to ``increase[ ] the
availability of N[asdaq] proprietary market data to individual
investors.'' \25\
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    \24\ See Securities Exchange Act Release No. 85504 (April 3,
2019), 84 FR 14183 (April 9, 2019) (SR-NASDAQ-2019-024).
    \25\ See id.; see also Securities Exchange Act Release No. 57965
(June 16, 2008), 73 FR 35178 (June 20, 2008) (SR-NASDAQ-2006-060)
(notice of filing of Amendment No. 2 and Order granting accelerated
approval to proposed rule change, ad modified by Amendment Nos. 1
and 2, to establish Nasdaq last sale data feeds).
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    The 2019 filing for the NLS enterprise license included the
requirement that the Distributor have a reasonable basis to conclude
that all Users of such Information \26\ are either Non-Professionals or
Professionals whom the Distributor has no reason to believe are using
NLS in their professional capacity--the same test applied to the Per
User model of NLS distribution.\27\ The Exchange explained that a
Distributor has ``no reason to believe'' that NLS is being used in a
professional capacity when, for example, the data is made available to
the general investing public in a format that would be ``unlikely to be
of significant use to Professionals acting in a professional
capacity,'' as in the Per Query model,\28\ or when the Information is
``made freely available to internet users,'' as in the Per Device
model.\29\ Any Distributor that would be eligible to disseminate NLS
under the Per User, Per Query, or Per Device models would be able to
meet that test because it is inherent (or explicit) within the
eligibility criteria

for each model.\30\ One of the chief benefits of the enterprise license
was that it was designed to allow Distributors to disseminate NLS data
to the general investing public in a manner not easily tracked using
the Per User, Per Query, or Per Device models.\31\
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    \26\ See supra, note 14.
    \27\ See Section 139(b)(1).
    \28\ See Securities Exchange Act Release No. 85504 (April 3,
2019), 84 FR 14183 (April 9, 2019) (SR-NASDAQ-2019-024); see also
Securities Exchange Act Release No. 34-82723 (February 15, 2018), 83
FR 7812 (February 22, 2018) (SR-NASDAQ-2018-010).
    \29\ See id.
    \30\ The ``no reason to believe'' test is explicitly part of the
criteria for the Per User model. See Section 139(b)(1). It is
inherent in the Per Query model because, as noted above and in the
filing instituting that fee, this model ``is unlikely to be of
significant use to Professionals acting in a professional capacity .
. .'' See Securities Exchange Act Release No. 34-82723 (February 15,
2018), 83 FR 7812 (February 22, 2018) (SR-NASDAQ-2018-010). It is
also inherent in the Per Device model because that model is designed
to make information ``freely available to internet users,'' and
therefore is unlikely to be of significant use to Professionals
acting in a professional capacity. See id.
    \31\ An example of the type of distribution model intended to
benefit from the proposed license is a spreadsheet program that
allows the User to refresh a stock price using an in-program command
without copying data. Such usage is analogous to the Per Query
model, which supplies only as much data as the User requests on an
ad hoc basis, but is less susceptible to counting because the
request is done using a command embedded within another program.
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Basis for Proposal
    At least two potential customers of the Nasdaq Basic enterprise
license have requested permission to distribute NLS to the general
investing public for Display Usage without requiring a brokerage
relationship. Upon consideration of those customer requests, Nasdaq has
determined that complying with them is in the best interest of our
customers. First, the proposed change will allow broader distribution
of NLS to the general investing public. Second, the Proposal will lower
our customers' administrative costs as they would not be required to
restrict distribution to individuals with brokerage accounts.\32\
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    \32\ See Securities Exchange Act Release No. 82723 (February 15,
2018), 83 FR 7812 (February 22, 2018) (SR-NASDAQ-2018-010) (quoting
SR-NASDAQ-2006-060 (Amendment No. 2, June 10, 2008), at 3.)
(explaining that NLS was designed to enable market-data
``distributors to provide free access to the data to millions of
individual investors via the internet and television'' and was
expected to ``increase the availability of NASDAQ proprietary market
data to individual investors.''); see also Securities Exchange Act
Release No. 57965 (June 16, 2008), 73 FR 35178 (June 20, 2008) (SR-
NASDAQ-2006-060) (notice of filing of Amendment No. 2 and Order
granting accelerated approval to proposed rule change, ad modified
by Amendment Nos. 1 and 2, to establish Nasdaq last sale data
feeds).
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    There is little risk that the new standard will result in
widespread distribution of NLS, which was designed for the general
investing public, to professionals acting in their professional
capacity. Although the new standard may occasionally result in
incidental Professional use, such use is reasonable because NLS
contains less information and does not provide pre-trade transparency,
and is therefore likely to be less useful to a Professional than Nasdaq
Basic or other products that provide greater pre-trade information.
    The proposed change is not targeted at, or expected to be limited
in its applicability to, any particular segment of market participants,
and no segment of retail investors, the general investing public, or
any other market participant is expected to benefit more than any
other.\33\
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    \33\ Although this is not a fee filing, the Exchange is
addressing this question to provide as complete as possible an
evaluation of the proposed change. See Division of Trading and
Markets, U.S. Securities and Exchange Commission, ``Staff Guidance
on SRO Filings Related to Fees'' (May 21, 2019) (``Staff
Guidance''), available at https://www.sec.gov/tm/staff-guidance-sro-rule-filings-fees (indicating that the discussion of purpose should
indicate ``whether the relevant product or service, including the
corresponding proposed fee or fee change, is targeted at--or
expected to be limited in its applicability to--a specific
segment(s) of market participants (and if so, the related
details))''.
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    The Exchange expects the Nasdaq Basic enterprise license to
continue to be attractive to potential customers, but does not expect a
large number of additional sales in response to this change.
Nevertheless, based on conversations with potential customers and our
overall familiarity with the market, as many as three additional
broker-dealers may purchase the Nasdaq Basic enterprise license as a
result of the proposed change.\34\
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    \34\ See id. (requesting that the discussion of purpose address
``the projected number of purchasers (including members, as well as
non-members) of any new or modified product or service and the
expected number of purchasers likely to be subject to a new fee or
pricing tier, including members and non-members . . .'').
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    The Proposal will not alter any Exchange fees.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\35\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\36\ 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, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \35\ 15 U.S.C. 78f(b).
    \36\ 15 U.S.C. 78f(b)(5).
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    The Exchange has already shown the Nasdaq Basic enterprise license
at Section 147(b)(5),\37\ and the NLS enterprise license at Section
139(b)(4) \38\ to be consistent with Section 6(b) of the Act. This
analysis therefore focuses on the change to the Nasdaq Basic enterprise
license at Section 147(b)(5).
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    \37\ See Securities Exchange Act Release No. 81697 (September
25, 2017), 82 FR 45639 (September 29, 2017) (SR-Nasdaq-2017-095).
    \38\ See Securities Exchange Act Release No. 85504 (April 3,
2019), 84 FR 14183 (April 9, 2019) (SR-NASDAQ-2019-024).
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    As explained above, the Proposal will expand the coverage of the
Nasdaq Basic enterprise license at Equity 7, Section 147(b)(5) to
include the full use of the NLS enterprise license at Equity 7, Section
139(b)(4) at no extra charge. The same terms and conditions applicable
to the NLS enterprise license will continue to apply to the
distribution of NLS to the general investing public under the Nasdaq
Basic enterprise license. These common conditions include: (i) A
requirement that distribution of NLS be limited to Display Usage; \39\
(ii) a separate approval of each platform that will distribute NLS will
be required; \40\ and (iii) a restriction that distribution be limited
to the general investing public.\41\ Distributors that utilize NLS for
one of the specialized use cases set forth at Equity 7, Section 139(c)
will be required to pay the fees applicable to such use cases, whether
or not they purchased the Nasdaq Basic or NLS enterprise licenses. All
of conditions that currently apply to purchasers of the NLS enterprise
license will apply to distribution of NLS for Display Usage to the
general investing public under the Nasdaq Basic enterprise license.\42\
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    \39\ See supra, note 17.
    \40\ See supra, note 18.
    \41\ See supra, note 19.
    \42\ See supra, note 20. Current purchasers of the Nasdaq Basic
enterprise license will not be circumscribed in their ability to
distribute last sale data within the parameters of that license. As
explained above, Nasdaq Basic contains both best bid and offer
information and last sale transaction reports. Customers that
purchase Nasdaq Basic will continue to be able to distribute last
sale data within the brokerage relationship as part of the Nasdaq
Basic enterprise license without change. The proposal will simply
add a new option for Nasdaq Basic customers: To distribute NLS data
outside of the brokerage relationship, under the same terms and
conditions that apply to purchasers of the NLS enterprise license.
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    Both Nasdaq Basic and NLS compete with the top-of-book proprietary
data products offered by other exchanges, including the NYSE BQT feed,
which disseminates top-of-book information from the NYSE, NYSE
American, NYSE Arca, NYSE National, and NYSE Chicago exchanges,\43\ and
the Cboe One Summary Feed, which disseminates data from the BZX
Exchange, BYX

Exchange, EDGX Exchange and EDGA Exchange.\44\ The proposed change will
enhance competition by allowing broader distribution of NLS in the
context of the Nasdaq Basic license, and lowering the cost of
compliance for Nasdaq's customers by removing the need to restrict
distribution to individuals with brokerage accounts. Competition with
other exchanges in the sale of top-of-book products, and the likelihood
that the Proposal will enhance investor understanding of securities
markets and promote consumer choice by expanding the availability of
NLS to the general investing public, provide a substantial basis for
finding that the Proposal promotes just and equitable principles of
trade, removes impediments to and perfects the mechanism of a free and
open market and a national market system, and protects investors and
the public interest.
---------------------------------------------------------------------------

    \43\ See Securities Exchange Act Release No. 87803 (December 19,
2019), 84 FR 71505 (December 27, 2019) (SR-NYSE-2019-70) (explaining
that the NYSE BQT market data product competes ``head to head with
the Nasdaq Basic and Cboe One Feed market data products.'').
    \44\ See https://markets.cboe.com/us/equities/
market_data_services/
#:~:text=Cboe%20Top%20is%20a%20real,time%20on%20a%20Cboe%20book.&text
=It%20is%20a%20real%2Dtime,time%20on%20a%20Cboe%20book.
---------------------------------------------------------------------------

    The Proposal is not unfairly discriminatory. As noted previously,
both the Nasdaq Basic \45\ and NLS \46\ enterprise licenses were shown
to be non-discriminatory and otherwise consistent with the Act. The
only change here is to allow broader distribution of NLS under the
Nasdaq Basic enterprise license at Section 147(b)(5). As explained
above, the proposed change is not targeted at, or expected to be
limited in its applicability to, any particular segment of market
participants, and no segment of retail investors, the general investing
public, or any other market participant is expected to benefit more
than any other. The proposal will apply to any broker-dealer that
purchases the Nasdaq Basic enterprise license without differentiation
of any kind, and is therefore not unfairly discriminatory.
---------------------------------------------------------------------------

    \45\ See Securities Exchange Act Release No. 81697 (September
25, 2017), 82 FR 45639 (September 29, 2017) (SR-Nasdaq-2017-095).
    \46\ See Securities Exchange Act Release No. 85504 (April 3,
2019), 84 FR 14183 (April 9, 2019) (SR-NASDAQ-2019-024).
---------------------------------------------------------------------------

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.
Intermarket Competition
    Applying the same standard for the distribution of NLS to both the
Nasdaq Basic and NLS enterprise licenses at Sections 147(b)(5), and
139(b)(4), respectively, will place no burden on intermarket
competition (the competition among SROs). Both Nasdaq Basic and NLS
already compete directly against the NYSE BQT feed and the Cboe One
Summary Feed. As noted above, the proposed change will enhance
competition by allowing broader distribution of NLS, and lowering the
cost of compliance for Nasdaq's customers by removing the need to
restrict distribution to individuals with brokerage accounts. Nasdaq
believes that the proposed change will enhance the value of the Nasdaq
Basic enterprise license, promote customer choice, and therefore boost
competition among exchanges.
Intramarket Competition
    The Proposal will not cause any unnecessary or inappropriate burden
on intramarket competition (competition among exchange customers). The
Proposal is not targeted at, or expected to be limited in its
applicability to, any particular segment of broker-dealers, and no
market participant or any segment of the general investing public is
expected to benefit more than any other. As such, the Proposal does not
place any category of market participant at a relative disadvantage
compared to any other category, and therefore will not impose any
burden on competition not necessary or appropriate in furtherance of
the Act. Moreover, current purchasers of the Nasdaq Basic enterprise
license will not be circumscribed in their ability to distribute last
sale data within the parameters of that license. As explained above,
Nasdaq Basic contains both best bid and offer information and last sale
transaction reports. Customers that purchase Nasdaq Basic will continue
to be able to distribute last sale data within the brokerage
relationship as part of the Nasdaq Basic enterprise license without
change. The proposal will simply add a new option for Nasdaq Basic
customers: To distribute NLS data outside of the brokerage
relationship, under the same terms and conditions that apply to
purchasers of the NLS enterprise license. Given that this is an
expansion of an existing license that does not curtail that license in
any way, there is no burden on intramarket competition.

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 \47\ and Rule 19b-
4(f)(6) thereunder.\48\
---------------------------------------------------------------------------

    \47\ 15 U.S.C. 78s(b)(3)(A).
    \48\ 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.
---------------------------------------------------------------------------

    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-2021-036 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-2021-036. 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-2021-036 and should be submitted
on or before June 8, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\49\
---------------------------------------------------------------------------

    \49\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-10388 Filed 5-17-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Proposed Rules]
[Pages 3885-3886]
[FR Doc No: C1-2009-21472]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

 [Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1072]

Proposed Flood Elevation Determinations

Correction

    In proposed rule document E9-21472 beginning on page 46074 in the
issue of Tuesday, September 8, 2009, make the following correction:

Sec. 67.4  [Corrected]

    On page 46075, in Sec. 67.4, the table is reprinted to read as
follows:

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                feet (NAVD)
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation**        ground [caret] Elevation    Communities affected
                                                                    in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Napa County, California, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Napa Creek..........................  At the confluence with           +22          +18  City of Napa.
                                       Napa River.
                                      Approximately 100 feet           +35          +34
                                       upstream of Jefferson
                                       Street.
Napa River (With Levee).............  Approximately 715 feet           +28          +27  City of Napa,
                                       west of intersection                               Unincorporated Areas
                                       of State Route 121 and                             of Napa County.
                                       East Avenue.
                                      Approximately 1,530              +32          +29
                                       feet southwest of
                                       intersection of State
                                       Route 121 and Woodland
                                       Drive.
Napa River (Without Levee)..........  Approximately 0.5 mile           +13          +12  City of Napa,
                                       downstream of Imola                                Unincorporated Areas
                                       Avenue.                                            of Napa County.
                                      Approximately 1,230              +47          +46
                                       feet downstream of
                                       confluence of Soda
                                       Creek.
Napa River Oxbow Overflow...........  At the confluence with           +18          +16  City of Napa,
                                       Tulucay Creek.                                     Unincorporated Areas
                                                                                of Napa County.
                                      Approximately 0.39 mile          +22          +19
                                       upstream of Soscol
                                       Avenue.
Ponding Areas with elevations         Extensive ponding               None          +39  City of Napa,
 determined (AH Zones).                areas, in roadways                                 Unincorporated Areas
                                       south of Salvador                                  of Napa County.
                                       creek (lowest
                                       elevation).
                                      Extensive ponding               None          +76
                                       areas, in roadways
                                       south of Salvador
                                       creek (highest
                                       elevation).
Salvador Creek......................  At the confluence with           +33          +31  City of Napa,
                                       Napa River.                                        Unincorporated Areas
                                                                                of Napa County.
                                      Approximately 100 feet          None          +75
                                       upstream of State
                                       Highway 29.
Salvador Creek North Branch.........  At the confluence with          None          +75  City of Napa,
                                       Salvador Creek.                                    Unincorporated Areas
                                                                                of Napa County.
                                      Approximately 0.8 mile          None          +93
                                       upstream of confluence
                                       with Salvador Creek.
Salvador Creek South Branch.........  At the confluence with          None          +75  City of Napa.
                                       Salvador Creek.
                                      Approximately 1,365             None          +76
                                       feet upstream of
                                       Salvador Creek.
Shallow Flooding (AO Zone)..........  Shallow flooding area,           +15   1  City of Napa.
                                       approximately 425 feet
                                       northeast of
                                       intersection of Imola
                                       Avenue and Gasser
                                       Drive.
                                      Shallow flooding area,           +17   2
                                       approximately 1,400
                                       feet northeast of
                                       intersection of Imola
                                       Avenue and Gasser
                                       Drive.
Tulucay Creek.......................  At the confluence with           +18          +15  City of Napa.
                                       Napa River.
                                      Approximately 560 feet           +37          +38  Unincorporated Areas of
                                       upstream of Shurtleff                              Napa County.
                                       Avenue.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Certical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

**BEFs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate,
 Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Napa
Maps are Available for inspection at the City of Napa Public Works Department, 1600 1st Street, Napa, CA 94559.

                                       Unincorporated Areas of Napa County
Maps are available for inspection at the Napa County Public Works Department, 1195 3rd Street, Suite 201, Napa,
 CA 94559.
----------------------------------------------------------------------------------------------------------------

[FR Doc. C1-2009-21472 Filed 1-22-10; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Proposed Rules]
[Pages 68371-68373]
[FR Doc No: 2016-23936]

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

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

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

Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9185; Directorate Identifier 2016-NM-077-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
The Boeing Company Model 757-200, -200PF, and -200CB series airplanes.
This proposed AD was prompted by an analysis of the cam support
assemblies of the main cargo door which indicated that the existing
maintenance program for the cam support assemblies is not adequate to
reliably detect cracks before two adjacent cam support assemblies could
fail. This proposed AD would require an inspection to determine part
numbers, repetitive inspections to detect cracking of affected cam
support assemblies of the main cargo door, and replacement if
necessary. We are proposing this AD to detect and correct cracking of
the cam support assemblies of the main cargo door, which could result
in reduced structural integrity of the main cargo door and consequent
rapid decompression of the airplane.

DATES: We must receive comments on this proposed AD by November 18,
2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone:<PHONE_NUMBER>,
extension 1; fax:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9185.

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-2016-
9185; 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 proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Chandra Ramdoss, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:
562-627-5239; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2016-9185;
Directorate Identifier 2016-NM-077-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 we
receive about this proposed AD.

Discussion

    We have received an analysis of the cam support assemblies of the
main cargo door which indicated that the existing maintenance program
for the cam support assemblies is not adequate to reliably detect
cracks before two adjacent cam support assemblies could fail on certain
Boeing Model 757-200, -200PF, and -200CB series airplanes.
    The main cargo door is on the upper left side of the forward
fuselage between body stations 480 and 620. The door is hinged on its
upper edge and opens outward to a canopy or a fully open position. The
main cargo door has eight cam support assemblies along the bottom of
the door that support the latch cams. The door latch cams engage with
latch pins on the fuselage and hold the door closed. The cam support
assemblies of the main cargo door are subject to ground loads, flight
loads, and cabin pressure loads.
    Cracking of the cam support assemblies of the main cargo door could
result in reduced structural integrity of the main cargo door and
consequent rapid decompression of the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 757-52A0094, dated
December 23, 2015. The service information describes procedures for
doing an ultrasonic inspection of the cam support assemblies of the
main cargo door, and replacement of the cam support assemblies. 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

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously, except as discussed
under ``Differences Between this Proposed AD and the Service
Information.'' For information on the procedures and compliance times,
see this service information at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-9185.

Differences Between This Proposed AD and the Service Information

    The effectivity of Boeing Alert Service Bulletin 757-52A0094, dated
December 23, 2015, is limited to certain Model 757-200, -200PF, and -
200CB series airplanes. However, the applicability of this proposed AD
includes all Model 757-200, -200PF, and -200CB series airplanes because
all airplanes must be inspected to determine if affected cam support
assemblies of the main cargo door are installed. For all airplanes
affected by this AD, including those airplanes not listed in the
effectivity of Boeing Alert Service Bulletin 757-52A0094, dated
December 23, 2015, compliance with paragraph (h) of this AD must be
done using Boeing Alert Service Bulletin 757-52A0094, dated December
23, 2015. Therefore, an alternative method of compliance (AMOC)
approval is not necessary for those airplanes if Boeing Alert Service
Bulletin 757-52A0094, dated December 23, 2015, is used. This difference
has been coordinated with Boeing.

Costs of Compliance

    We estimate that this proposed AD affects 212 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                    Labor cost         Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection......................  6 work-hours x $85               $0   $510 per inspection  $108,120 per
                                   per hour = $510                       cycle.               inspection cycle.
                                   per inspection
                                   cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement (per pair of cam support           60 work-hours x $85 per hour =          $15,298          $20,398
 assemblies).                                   $5,100.
----------------------------------------------------------------------------------------------------------------

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, 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):

    The Boeing Company: Docket No. FAA-2016-9185; Directorate
Identifier 2016-NM-077-AD.

(a) Comments Due Date

    We must receive comments by November 18, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 757-200, -200PF,
and -200CB series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Unsafe Condition

    This AD was prompted by an analysis of the cam support
assemblies of the main cargo door which indicated that the existing
maintenance program for the cam support assemblies is not adequate
to reliably detect cracks before two adjacent cam support assemblies
could fail. We are issuing this AD to detect and correct cracking of
the cam support assemblies of the main cargo door, which could
result in reduced structural integrity of the main cargo door and
consequent rapid decompression of the airplane.

(f) Compliance

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

(g) Inspection To Determine Part Numbers

    At the later of the times specified in paragraphs (g)(1) and
(g)(2) of this AD: Inspect the cam support assemblies of the main
cargo door to determine whether part number (P/N) 69-23588-5, 69-
23588-6, 69-23588-7, 69-23588-8, 69-23588-9, or 69-23588-10 is
installed. A review of airplane maintenance records is acceptable in
lieu of this inspection if the part number(s) of the cam support
assemblies of the main cargo door can be conclusively determined
from that review.
    (1) Before the accumulation of 18,000 total flight cycles.
    (2) Within 2,743 flight cycles or 27 months after the effective
date of this AD, whichever occurs later.

(h) Inspections and Corrective Actions

    If, during any inspection required by paragraph (g) of this AD,
any cam support assembly of the main cargo door having P/N 69-23588-
5, 69-23588-6, 69-23588-7, 69-23588-8, 69-23588-9, or 69-23588-10 is
determined to be installed: At the later of the times specified in
paragraphs (g)(1) and (g)(2) of this AD, do an ultrasonic inspection
to detect cracking of the affected cam support assemblies of the
main cargo door; and do all applicable replacements; in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin 757-52A0094, dated December 23, 2015. Do all applicable
replacements before further flight. Repeat the inspections
thereafter at intervals not to exceed 6,000 flight cycles.
Replacement of a cam support assembly of the main cargo door does
not terminate the repetitive inspections required by this paragraph.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (j)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(i)(4)(i) and (i)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or sub-step is labeled ``RC Exempt,'' then
the RC requirement is removed from that step or sub-step. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(j) Related Information

    (1) For more information about this AD, contact Chandra Ramdoss,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5239; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone: 206-544-
5000, extension 1; fax:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 27, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-23936 Filed 10-3-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)]
[Rules and Regulations]
[Pages 73020-73023]
[FR Doc No: 2016-25268]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23706; Directorate Identifier 2006-NE-03-AD;
Amendment 39-18688; AD 2016-21-07]
RIN 2120-AA64

Airworthiness Directives; Honeywell International Inc. Turboprop
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding airworthiness directive (AD) 2015-12-04 for
all Honeywell International Inc. (Honeywell) TPE331-1, -2, -2UA, -3U, -
3UW, -5, -5A, -5AB, -5B, -6, -6A, -10, -10AV, -10GP, -10GT, -10P, -10R,
-10T, -10U, -10UA, -10UF, -10UG, -10UGR, -10UR, -11U, -12JR, -12UA, -
12UAR, and -12UHR turboprop engines with certain Woodward fuel control
unit (FCU) assemblies, installed. AD 2015-12-04 required initial and
repetitive dimensional inspections of the affected fuel control drives
and insertion of certain airplane operating procedures into the
applicable flight manuals. This AD corrects the compliance requirements
and relaxes the inspection interval. This AD was prompted by a request
to change compliance time from 50 hours to 100 hours for affected fuel
controls. We are

issuing this AD to prevent failure of the fuel control drive, damage to
the engine, and damage to the airplane.

DATES: This AD is effective November 28, 2016.

ADDRESSES: For service information identified in this final rule,
contact Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ
85034-2802; phone:<PHONE_NUMBER>; Internet: https://myaerospace.honeywell.com/wps/portal. 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<PHONE_NUMBER>. It is also available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2006-23706.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.govby searching for and locating Docket No. FAA-2006-
23706; 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
(phone:<PHONE_NUMBER>) is 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: Joseph Costa, Aerospace Engineer, Los
Angeles Aircraft Certification Office, FAA, Transport Airplane
Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; phone: 562-
627-5246; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2015-12-04, Amendment 39-18177, (80 FR 34534,
June 17, 2015), (``AD 2015-12-04''). AD 2015-12-04 applied to all
Honeywell TPE331-1, -2, -2UA, -3U, -3UW, -5, -5A, -5AB, -5B, -6, -6A, -
10, -10AV, -10GP, -10GT, -10P, -10R, -10T, -10U, -10UA, -10UF, -10UG, -
10UGR, -10UR, -11U, -12JR, -12UA, -12UAR, and -12UHR turboprop engines
with certain Woodward FCU assemblies, installed. The NPRM published in
the Federal Register on March 29, 2016 (81 FR 17412). This AD requires
correcting the compliance requirements and relaxing the inspection
interval. We are issuing this AD to prevent failure of the fuel control
drive, damage to the engine, and damage to the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed.

Related Service Information

    We reviewed Honeywell Operating Information Letter (OIL) OI331-
12R6, dated May 26, 2009, for multi-engine airplanes; and OIL OI331-
18R4, dated May 26, 2009, for single-engine airplanes, and Honeywell
TPE331 maintenance manuals. That service information describes
procedures for conducting fuel control drive inspections and engine
shutdown.

Costs of Compliance

    We estimate that this AD affects 2,250 engines installed on
airplanes of U.S. registry. We also estimate that it would take about 8
hours per engine to comply with this AD. The average labor rate is $85
per hour. We estimate that 10% of affected engines will require FCU
assembly stub shaft replacement and fuel pump or fuel control repair.
We also estimate that repairs will cost about $10,000 per engine. Based
on these figures, we estimate the cost of this AD on U.S. operators to
be $525,587 per year.

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),
    (3) Will not affect intrastate aviation in Alaska, 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.

Adoption of the Amendment

    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 FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2015-12-04, Amendment 39-18177, (80 FR 34534, June 17, 2015), and
adding the following new AD:

2016-21-07 Honeywell International Inc.: Amendment 39-18688; Docket
No. FAA-2006-23706; Directorate Identifier 2006-NE-03-AD.

(a) Effective Date

    This AD is effective November 28, 2016.

(b) Affected ADs

    This AD replaces AD 2015-12-04, Amendment 39-18177, (80 FR
34534, June 17, 2015).

(c) Applicability

    This AD applies to all Honeywell International Inc. (Honeywell)
TPE331-1, -2, -2UA, -3U, -3UW, -5, -5A, -5AB, -5B, -6, -6A, -10, -
10AV, -10GP, -10GT, -10P, -10R, -10T, -10U, -10UA, -10UF, -10UG,

-10UGR, -10UR, -11U, -12JR, -12UA, -12UAR, and -12UHR turboprop
engines with Woodward fuel control unit (FCU) assemblies with
Honeywell part numbers (P/Ns) as listed in Table 1 to paragraph (c)
of this AD, installed.

          Table 1 to Paragraph (c)--Affected FCU Assembly P/Ns
------------------------------------------------------------------------
        Group #                 Engine             FCU Assembly P/Ns
------------------------------------------------------------------------
1.....................  TPE331-1, -2, and -    P/N 869199-13, -20, -21,
                         2UA.                   22, -23, -24, -25, -26,
                                                27, -28, -29, -31, -32,
                                                33, -34, and -35.
2.....................  TPE331-1, -2, and -    P/N 869199-9, -10, -11, -
                         2UA.                   12, -14, -16, -17, and -
                                                18.
3.....................  TPE331-3U, -3UW, -5, - P/N 893561-7, -8, -9, -
                         5A, -5AB, -5B, -6, -   10, -11, -14, -15, -16,
                         6A, -10AV, -10GP, -    20, -26, -27, -29; and
                         10GT, -10P, and -10T. P/N 897770-1, -3, -7, -9,
                                                -10, -11, -12, -14, -15,
                                                -16, -25, -26, and -28.
4.....................  TPE331-3U, -3UW, -5, - P/N 893561-4, -5, -12, -
                         5B, -6, -6A, and -     13; and
                         10T.                  P/N 897770-5, -8, and -
                                                13.
5.....................  TPE331-10, -10R, -     P/N 897375-2, -3, -4, -5,
                         10U, -10UA, -10UF, -   -8, -9, -10, -11, -12, -
                         10UG, -10UGR, -10UR,   13, -14, -15, -16, -17,
                         -11U, -12JR, -12UA, -  19, -21, -24, -25, -26,
                         12UAR, and -12UHR.     27; and
                                               P/N 897780-1, -2, -3, -4,
                                                -5, -6, -7, -8, -9, -10,
                                                -11, -14, -15, -16, -17,
                                                -18, -19, -20, -21, -22,
                                                -23, -24, -25, -26, -27,
                                                -30, -32, -34, -36, -37,
                                                -38; and
                                               P/N 893561-17, -18, and -
                                                19.
------------------------------------------------------------------------

(d) Unsafe Condition

    This AD was prompted by reports of loss of the fuel control
drive, leading to engine overspeed and engine failure. We are
issuing this AD to prevent failure of the fuel control drive, damage
to the engine, and damage to the airplane.

(e) Compliance

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

(1) Inspection of Engines With FCU Assembly P/Ns in Groups 2 or 4

    For FCU assembly P/Ns in Groups 2 or 4 listed in Table 1 to
paragraph (c) of this AD:
    (i) At the next scheduled inspection of the fuel control drive,
or within 500 hours-in-service (HIS) after the effective date of
this AD, whichever occurs first, inspect the fuel control drive for
wear.
    (ii) Thereafter, reinspect the fuel control drive within every
1,000 HIS since-last-inspection (SLI).

(2) Inspection of Engines With FCU Assembly P/Ns in Groups 1, 3, or
5

    For FCU assembly P/Ns in Groups 1, 3, or 5 listed in Table 1 to
paragraph (c) of this AD:
    (i) If, on the effective date of this AD, the FCU assembly has
900 or more HIS SLI, inspect the fuel control drive for wear within
100 HIS after the effective date of this AD.
    (ii) If, on the effective date of this AD, the FCU assembly has
fewer than 900 HIS SLI, inspect the fuel control drive for wear
within 1,000 HIS.
    (iii) Thereafter, reinspect the fuel control drive for wear
within every 1,000 HIS SLI.

(3) Airplane Operating Procedures

    Within 60 days after the effective date of this AD, insert the
information in Figure 1 to paragraph (e) of this AD, into the
Emergency Procedures Section of the applicable Airplane Flight
Manual (AFM), Pilot Operating Handbook (POH), or the Manufacturer's
Operating Manual (MOM).
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(f) Optional Terminating Action

    Replacing the affected FCU assembly with an FAA-approved FCU
assembly not listed in this AD by P/N is terminating action for the
initial and repetitive inspections required by this AD, and for
inserting the information in Figure 1 to paragraph (e) of this AD
into the AFM, POH, and MOM.

(g) Definitions

    For the purposes of this AD:
    (1) The ``fuel control drive'' is a series of mating splines
located between the fuel pump and fuel control governor.
    (2) The fuel control drive consists of four drive splines: The
fuel pump internal spline, the fuel control external ``quill shaft''
spline, and the stub shaft internal and external splines.

(h) Alternative Methods of Compliance (AMOCs)

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

(i) Related Information

    (1) For more information about this AD, contact Joseph Costa,
Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA,
Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA
90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Information pertaining to operating recommendations for
affected engines after a fuel control drive failure is contained in
Honeywell Operating Information Letter (OIL) OI331-12R6, dated May
26, 2009, for multi-engine airplanes; and OIL OI331-18R4, dated May
26, 2009, for single-engine airplanes. Information on fuel control
drive inspection can be found in Section 72-00-00 of the applicable
TPE331 maintenance manuals. These Honeywell OILs and the TPE331
maintenance manuals can be obtained from Honeywell using the contact
information in paragraph (i)(3) of this AD.
    (3) For service information identified in this AD, contact
Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034-
2802; phone:<PHONE_NUMBER>; Internet: https://myaerospace.honeywell.com/wps/portal.
    (4) You may view this service information at 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 October 14, 2016.
Colleen M. D'Alessandro,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2016-25268 Filed 10-21-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Notices]
[Pages 13111-13112]
[FR Doc No: 2023-04314]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC23-8-000]

Commission Information Collection Activities (FERC-725T); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-725T, Mandatory Reliability Standards for
the Bulk-Power System: Texas Reliability Entity (TRE) Reliability
Standards.

DATES: Comments on the collection of information are due May 1, 2023.

ADDRESSES: You may submit comments (identified by Docket No. IC23-8-
000) by either of the following methods:
     eFiling at Commission's Website: https://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, at Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: https://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at [email protected], or by phone at:<PHONE_NUMBER>
(toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-725T, Mandatory Reliability Standards for the Bulk-
Power System: TRE Reliability Standards BAL-001-TRE-2 (Primary
Frequency Response in the ERCOT Region).
    OMB Control No.: 1902-0273.
    Type of Request: Three-year extension of the FERC-725T information
collection requirements with no changes to the current reporting
requirements.
    Abstract: TRE Reliability Standards apply to entities registered as
Generator Owners (GOs), Generator Operators (GOPs), and Balancing
Authorities (BAs) within the Texas Reliability Entity region.
    The information collection requirements entail the setting or
configuration of the Control System software, identification and
recording of events, data retention, and submitting frequency
measurable events to the compliance enforcement authority (Regional
Entity or NERC).
    Submitting frequency measurable events--The BA is required to
identify and post information regarding Frequency Measurable Events
(FME). Further, the BA must calculate and report to the Compliance
Enforcement Authority data related to Primary Frequency Response (PFR)
performance of each generating unit/generating facility.
    Data retention--The BA, GO, and GOP shall keep data or evidence to
show compliance, as identified below, unless directed by its Compliance
Enforcement Authority to retain specific evidence for a longer period
of time as part of an investigation. Compliance audits are generally
about three years apart.
     The BA shall retain a list of identified Frequency
Measurable Events and shall retain FME information since its last
compliance audit.
     The BA shall retain all monthly PFR performance reports
since its last compliance audit.
     The BA shall retain all annual Interconnection minimum
Frequency Response calculations, and related methodology and criteria
documents, relating to time periods since its last compliance audit.
     The BA shall retain all data and calculations relating to
the Interconnection's Frequency Response, and all evidence of actions
taken to increase the Interconnection's Frequency Response, since its
last compliance audit.
     Each GOP and GO shall retain evidence since its last
compliance audit.
    Type of Respondents: NERC Registered entities: Balancing
Authorities, Generator Owners, Generator Operators.
    Estimate of Annual Burden: \1\ The Commission estimates the annual
public reporting burden for the information collection as:
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    \1\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, reference 5 Code of Federal Regulations 1320.3.

                            FERC-725T (Mandatory Reliability Standards for the Bulk-Power System: TRE Reliability Standards)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Annual number                                              Total annual burden
                                          Number of     of responses    Total number     Average burden & cost     hours & total annual      Cost per
                                         respondents   per respondent   of responses       per response \2\                cost           respondent ($)
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........       (5) / (1)
                                                                                (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maintenance and submission of event             \3\ 1               1               1  16 hrs.; $891.20........  16 hrs.; $891.20.......         $891.20
 log data.
Evidence Retention...................         \4\ 420               1             420  2 hrs.; 111.40..........  840 hrs.; 46,788.......          111.40
                                      ------------------------------------------------------------------------------------------------------------------
    Total............................  ..............  ..............             421  ........................  856 hrs.; $47,679.20...  ..............
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    Comments: Comments are invited on: (1) whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
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    \2\ The figures for May 2022 posted by the Bureau of Labor
Statistics for the Utilities sector (available at http://www.bls.gov/oes/current/naics2_22.htm) and updated May 2022 for
benefits information (at http://www.bls.gov/news.release/ecec.nr0.htm). The hourly estimates for salary plus benefits are:
    --File Clerks (code 43-4071), $34.38.
    --Electrical Engineer (code 17-2071), $77.02.
    The average hourly burden cost for this collection is $55.70
[($34.38 + $77.02)/2 = 55.70].
    \3\ BA (balancing authority).
    \4\ BA (balancing authority) (1), GO (generator owner) (233),
and GOP (generator operator) (186) = 420 functional entities numbers
based on NERC Compliance Registry November 4, 2022. The large
increase is due to counting each entity function separately instead
of considering overlap. Also, there has been an increase in number
of renewable energy entities in the Texas region.

    Dated: February 24, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-04314 Filed 3-1-23; 8:45 am]
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