[Federal Register Volume 82, Number 31 (Thursday, February 16, 2017)]
[Rules and Regulations]
[Pages 10855-10859]
[FR Doc No: 2017-03112]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6430; Directorate Identifier 2015-NM-176-AD;
Amendment 39-18781; AD 2017-02-02]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2005-13-30,
for all The Boeing Company Model 737-100, -200, and -200C series
airplanes. AD 2005-13-30 required repetitive inspections to detect
discrepancies of certain fuselage skin panels located just aft of the
wheel well, and repair if necessary. This new AD adds new fuselage skin
inspections for cracking, inspections to detect missing or loose
fasteners and any disbonding or cracking of bonded doublers, permanent
repairs of time-limited repairs, related investigative and corrective
actions if necessary, and skin panel replacement. This AD was prompted
by an evaluation by the design approval holder (DAH) indicating that
the fuselage skin is subject to widespread fatigue damage (WFD), and
reports of cracks at the chem-milled steps in the fuselage skin. We are
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective March 23, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 23,
2017.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<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-
6430.

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-
6430; 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: 800-647-
5527) is Docket 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: Jennifer Tsakoumakis, Aerospace
Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft
Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA
90712-4137; phone:<PHONE_NUMBER>; 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 2005-13-30, Amendment 39-14167 (70 FR 36829,
June 27, 2005) (``AD 2005-13-30''). AD 2005-13-30 applied to all Boeing
Model 737-100, -200, and -200C series airplanes. The NPRM published in
the Federal Register on May 11, 2016 (81 FR 29202) (``the NPRM''). The
NPRM was prompted by an evaluation by the DAH indicating that the
fuselage skin is subject to WFD, and reports of cracks at the chem-
milled steps in the fuselage skin. The NPRM proposed to require
fuselage skin inspections for cracking, inspections to detect missing
or loose fasteners and any disbonding or cracking of bonded doublers,
permanent repairs of time-limited repairs, related investigative and
corrective actions if necessary, and skin panel replacement. We are
issuing this AD to detect and correct fatigue cracking of the fuselage
skin panels, which could cause rapid decompression of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Request To Revise Compliance Time

    Boeing requested that we revise paragraph (i)(4) of the proposed AD
to specify that the exception to the service information is for
airplanes on which an operator has a record that a skin panel was
replaced with a production skin panel ``before'' 59,000 total flight
cycles, instead of ``at or before'' 59,000 total flight cycles, because
of limit of validity (LOV) issues. Boeing also requested that we revise
the condition statement regarding the time the skin panel was replaced
in paragraph (m) of the proposed AD from ``after'' 59,000 total flight
cycles to ``at or after'' 59,000 total flight cycles; and in paragraphs
(m)(1) and (m)(2) of the proposed AD from ``at or before'' to
``before.'' Boeing explained that if a skin panel is replaced at or
after 59,000 total flight cycles, no additional safety inspections
would be needed due to the LOV. Boeing stated that upon reaching the
LOV the airplane will be retired domestically and no longer supported
by Boeing.
    Boeing also requested that we revise the compliance time for the
skin panel replacement in paragraph (i)(4) of the proposed AD to a time
approved by the FAA through the alternative method of compliance (AMOC)
process instead of the time specified in the service information.
Boeing stated that since a Boeing Commercial Airplanes Organization
Designation Authorization (ODA) representative cannot approve
extensions to the compliance times required by an AD, the AMOC approval
would have to come from the FAA.
    We partially agree with Boeing's requests. We agree to change the
identification of the affected airplanes as requested by Boeing in
paragraphs (i)(4), (m), (m)(1), and (m)(2) of this AD. These changes
will address the LOV issues expressed by Boeing. We do not agree with
changing the compliance time from the applicable time for the next
inspection as specified in the service information. We have determined
that this is an appropriate compliance time and provides an acceptable
level of safety. It also provides operators with sufficient information
for maintenance planning purposes.

Request To Revise Instructions for Skin Panel Replacement

    Boeing requested that we revise paragraph (m) of the proposed AD,
which specifies replacing the applicable skin panels and doing all
applicable related investigative and corrective actions, with replacing
the skin panels in accordance with Part 8 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-53-1065,
Revision 3, dated June 30, 2015 (``SASB 737-53-1065, R3'').
    We agree with replacing the skin panels in accordance with Part 8
of the Accomplishment Instructions of SASB 737-53-1065, R3. Part 8 of
the Accomplishment Instructions of SASB 737-53-1065, R3 adequately
specifies the required actions. We have revised paragraph (m) of this
AD accordingly.

Request To Add Service Information Paragraph Part References

    Boeing requested that we revise paragraphs (j)(1)(ii), (j)(2)(ii),
and (k) of the proposed AD by adding the service information paragraph
part references. Boeing stated that paragraph (h) of the proposed AD
includes the part reference.
    We do not agree with Boeing's requests. Paragraph (h) of this AD,
in part, specifies the specific service information paragraph reference
for doing repairs that are terminating action for the repetitive
inspections at the repaired locations only. We determined that this
reference is needed for clarity. We do not agree that the other
references are needed for clarity. We have not changed this AD in this
regard.

Request To Clarify Post-modification Airworthiness Limitation
Inspections

    Boeing requested that we revise paragraph (l) of the proposed AD to
specify that table 6 of paragraph 1.E., ``Compliance,'' of SASB 737-53-
1065, R3 is for post-modification airworthiness limitation inspections
at the modified locations. Boeing explained that since airworthiness
limitation inspections are required by maintenance and operational
rules, it is unnecessary to mandate them in this AD.
    We agree with Boeing's request. We have revised paragraph (l) of
this AD accordingly.

Request To Revise the NPRM To Address Certain Repaired Areas

    For airplanes subject to the requirements of paragraph (h) of the
proposed AD, Boeing requested that we add a paragraph that specifies
that inspections are not required in areas that are spanned by an FAA-
approved repair that has met certain conditions. Boeing submitted
specific conditions. Boeing stated that its request is to address
elimination of inspections for repairs that have been accomplished for
damage other than chem-mill cracking.
    We do not agree with Boeing's request. Paragraph (h) of this AD
specifies to do the applicable inspections and related investigative
and corrective actions specified in the Accomplishment Instructions of
SASB 737-53-1065, R3. This service information already contains the
criteria Boeing proposed. Therefore, the criteria do not need to be
repeated in this AD. We have not changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously, and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and

     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed SASB 737-53-1065, R3. The service information describes
procedures for inspection and repair of the fuselage skin panels
between body station (BS) 727 and BS 1016, and between stringers S-14
and S-25; and also describes procedures for skin panel replacement.
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.

Costs of Compliance

    We estimate that this AD affects 9 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                               Parts                             Cost on U.S.
              Action                      Labor cost            cost      Cost per product        operators
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Inspection [actions retained from  Up to 88 work-hours x            $0  Up to $7,480 per     Up to $67,320 per
 AD 2005-13-30].                    $85 per hour = $7,480                inspection cycle.    inspection cycle.
                                    per inspection cycle.
Inspection [new action]..........  Up to 1,914 work-hours x          0  Up to $162,690 per   Up to $1,464,210
                                    $85 per hour = $162,690              inspection cycle.    per inspection
                                    per inspection cycle.                                     cycle.
Skin panel replacement [new        688 work-hours x $85 per     96,000  $154,480...........  $1,390,320.
 action].                           hour = $58,480.
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    We estimate the following costs to do any necessary repairs that
will be required based on the results of the inspection. We have no way
of determining the number of aircraft that might need these repairs:

                                               On-Condition Costs
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                                                                                Parts       Cost per
                    Action                                    Labor cost                  cost        product
----------------------------------------------------------------------------------------------------------------
Time-limited repair...........................  24 work-hours x $85 per hour = $2,040      (\1\)      \1\ $2,040
Permanent repair..............................  43 work-hours x $85 per hour = $3,655      (\1\)       \1\ 3,655
Permanent repair inspection...................  7 work-hours x $85 per hour = $595...      (\1\)         \1\ 595
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\1\ We have received no definitive data that will enable us to provide parts cost estimates for the on-condition
  actions specified in this AD.

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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)
2005-13-30, Amendment 39-14167 (70 FR 36829, June 27, 2005), and adding
the following new AD:

2017-02-02 The Boeing Company: Amendment 39-18781; Docket No. FAA-
2016-6430; Directorate Identifier 2015-NM-176-AD.

(a) Effective Date

    This AD is effective March 23, 2017.

(b) Affected ADs

    This AD replaces AD 2005-13-30, Amendment 39-14167 (70 FR 36829,
June 27, 2005) (``AD 2005-13-30'').

(c) Applicability

    This AD applies to all The Boeing Company Model 737-100, -200,
and -200C series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder indicating that the fuselage skin is subject to widespread
fatigue damage, and reports of cracks at the chem-milled steps in
the fuselage skin. We are issuing this AD to detect and correct
fatigue cracking of the fuselage skin panels, which could cause
rapid decompression of the airplane.

(f) Compliance

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

(g) Actions for Group 1 Airplanes

    For Group 1 airplanes identified in Boeing Special Attention
Service Bulletin 737-53-1065, Revision 3, dated June 30, 2015
(``SASB 737-53-1065, R3''): Within 120 days after the effective date
of this AD, accomplish actions to correct the unsafe condition
(e.g., inspections, repairs, modifications, and related
investigative and corrective actions) using a method approved in
accordance with the procedures specified in paragraph (o) of this
AD.

(h) Inspections, Related Investigative and Corrective Actions

    Except for Group 1 airplanes identified in SASB 737-53-1065, R3:
At the applicable times specified in tables 1 and 2 of paragraph
1.E., ``Compliance,'' of SASB 737-53-1065, R3, except as required by
paragraphs (i)(1) and (i)(2) of this AD, do the applicable
inspections to detect cracks in the fuselage skin panels; and do all
applicable related investigative and corrective actions; in
accordance with the Accomplishment Instructions of SASB 737-53-1065,
R3, except as required by paragraphs (i)(3) and (i)(4) of this AD.
Do all applicable related investigative and corrective actions
before further flight. Repeat the applicable inspections thereafter
at the applicable intervals specified in SASB 737-53-1065, R3.
Accomplishment of a repair in accordance with ``Part 3: Repair'' of
the Accomplishment Instructions of SASB 737-53-1065, R3, except as
required by paragraph (i)(3) of this AD, is terminating action for
the repetitive inspections required by this paragraph at the
repaired locations only.

(i) Exceptions to SASB 737-53-1065, R3

    (1) Where SASB 737-53-1065, R3 specifies compliance times
``after the Revision 3 date of this service bulletin,'' this AD
requires compliance within the specified compliance times after the
effective date of this AD.
    (2) The Condition column of paragraph 1.E., ``Compliance,'' of
SASB 737-53-1065, R3 refers to airplanes in certain configurations
as of the ``issue date of Revision 3 of this service bulletin.''
However, this AD applies to airplanes in the specified
configurations ``as of the effective date of this AD.''
    (3) Where SASB 737-53-1065, R3 specifies contacting Boeing for
repair instructions or work instructions, before further flight,
repair or perform the work instructions using a method approved in
accordance with the procedures specified in paragraph (o) of this
AD, except as required by paragraph (i)(4) of this AD.
    (4) For airplanes on which an operator has a record that a skin
panel was replaced with a production skin panel before 59,000 total
flight cycles: At the applicable time for the next inspection as
specified in tables 1 and 2 of paragraph 1.E., ``Compliance,'' of
SASB 737-53-1065, R3, except as provided by paragraphs (i)(1) and
(i)(2) of this AD, perform inspections and applicable corrective
actions using a method approved in accordance with the procedures
specified in paragraph (o) of this AD.

(j) Actions for Airplanes With a Time Limited Repair Installed

    Except for Group 1 airplanes identified in SASB 737-53-1065, R3:
Do the applicable actions required by paragraphs (j)(1) and (j)(2)
of this AD.
    (1) For airplanes with a time limited repair installed as
specified in Boeing Special Attention Service Bulletin 737-53-1065,
Revision 2, dated April 19, 2001: At the applicable times specified
in table 3 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1065,
R3, except as provided by paragraphs (i)(1) and (i)(2) of this AD,
do the actions specified in paragraphs (j)(1)(i) and (j)(1)(ii) of
this AD.
    (i) Do the applicable inspections to detect missing or loose
fasteners and any disbonding or cracking of bonded doublers; and do
all applicable related investigative and corrective actions; in
accordance with the Accomplishment Instructions of SASB 737-53-1065,
R3, except as required by paragraph (i)(3) of this AD. Do all
applicable related investigative and corrective actions before
further flight. Repeat the applicable inspections thereafter at the
applicable intervals specified in SASB 737-53-1065, R3.
    (ii) Make the time limited repair permanent; and do all
applicable related investigative and corrective actions; in
accordance the Accomplishment Instructions of SASB 737-53-1065, R3,
except as required by paragraph (i)(3) of this AD. Do all applicable
related investigative and corrective actions before further flight.
Accomplishing the permanent repair required by this paragraph
terminates the inspections required by paragraph (j)(1)(i) of this
AD for the permanently repaired area only.
    (2) For airplanes with a time limited repair installed as
specified in SASB 737-53-1065, R3: At the applicable times specified
in table 4 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1065,
R3, do the actions specified in paragraphs (j)(2)(i) and (j)(2)(ii)
of this AD.
    (i) Do the applicable inspections to detect missing or loose
fasteners and any disbonding or cracking of bonded doublers; and do
all applicable related investigative and corrective actions; in
accordance with the Accomplishment Instructions of SASB 737-53-1065,
R3, except as required by paragraph (i)(3) of this AD. Do all
applicable related investigative and corrective actions before
further flight. Repeat the applicable inspections thereafter at the
applicable intervals specified in SASB 737-53-1065, R3.
    (ii) Make the time limited repair permanent; and do all
applicable related investigative and corrective actions; in
accordance the Accomplishment Instructions of SASB 737-53-1065, R3,
except as required by paragraph (i)(3) of this AD. Do all applicable
related investigative and corrective actions before further flight.
Accomplishing the permanent repair required by this paragraph
terminates the inspections required by paragraph (j)(2)(i) of this
AD for the permanently repaired area only.

(k) Modification of Certain Permanent Repairs

    Except for Group 1 airplanes identified in SASB 737-53-1065, R3:
For airplanes with an existing time limited repair that was made
permanent as specified in Boeing Special Attention Service Bulletin
737-53-1065, Revision 2, dated April 19, 2001, at the applicable
times specified in table 5 of paragraph 1.E., ``Compliance,'' of
SASB 737-53-1065, R3, except as required by paragraph (i)(1) of this
AD, modify the existing permanent repair; and do all applicable
related investigative and corrective actions; in accordance the
Accomplishment Instructions of SASB 737-53-1065, R3, except as
required by paragraph (i)(3) of this AD. Do all applicable related
investigative and corrective actions before further flight.

(l) Post-Modification Inspections

    Table 6 of paragraph 1.E., ``Compliance,'' of SASB 737-53-1065,
R3 specifies post-modification airworthiness limitation inspections
in compliance with 14 CFR 25.571(a)(3) at the modified locations,
which support compliance with 14 CFR 121.1109(c)(2) or
129.109(b)(2). As airworthiness limitations, these inspections are
required by maintenance and operational rules. It is therefore
unnecessary to mandate them in this AD. Deviations from these
inspections require FAA approval, but do not require an alternative
method of compliance.

(m) Skin Panel Replacement

    Except for Group 1 airplanes identified in SASB 737-53-1065, R3:
At the later of the times specified in paragraphs (m)(1) and (m)(2)
of this AD, replace the applicable skin panels, in accordance with
the Part 8 of the Accomplishment Instructions of SASB 737-53-1065,
R3. Doing the skin panel replacement required by this paragraph
terminates the inspection requirements of paragraph (h) of this AD
for that skin panel only, provided the skin panel was replaced with
a production skin panel at or after 59,000 total flight cycles.
    (1) Before 60,000 total flight cycles, but not before 59,000
total flight cycles.
    (2) Within 6,000 flight cycles after the effective date of this
AD, but not before 59,000 total flight cycles.

(n) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using Boeing Special Attention Service
Bulletin 737-53-1065, Revision 2, dated April 19, 2001, which was
incorporated by reference in AD 2005-13-30.

(o) 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 (p) 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) AMOCs approved previously for AD 2005-13-30, are approved as
AMOCs for the corresponding provisions of paragraph (h) of this AD.

(p) Related Information

    For more information about this AD, contact Jennifer
Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los
Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(q) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 737-53-1065,
Revision 3, dated June 30, 2015.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this 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
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 11, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-03112 Filed 2-15-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 75 (Thursday, April 20, 2017)]
[Rules and Regulations]
[Pages 18550-18551]
[FR Doc No: 2017-07788]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9286; Airspace Docket No. 16-ANM-13]

Establishment of Class E Airspace, Denver, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E en route airspace extending
upward from 1,200 feet above the surface to accommodate instrument
flight rules (IFR) aircraft under control of the Denver Air Route
Traffic Control Center (ARTCC), Denver, CO. Establishment of this
airspace area is necessary to ensure controlled airspace exists in
those areas where the Federal airway structure is inadequate.

DATES: Effective 0901 UTC, June 22, 2017. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E en route airspace at Denver Air Route Traffic
Control Center, Denver, CO to ensure controlled airspace exists in
those areas where the Federal airway structure is inadequate.

History

    On November 16, 2016, the FAA published in the Federal Register (81
FR 80620) Docket FAA-2016-9286 a notice of proposed rulemaking to
establish Class E en route airspace extending upward from 1,200 feet
above the surface at Denver, CO. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6006 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E en route airspace extending upward from
1,200 feet above the surface at Denver, CO, within the area controlled
by the Denver Air Route Traffic Control Center, Denver, CO. This
airspace is established to support en route IFR operations where the
airway structure is inadequate.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

ANM CO E6 Denver, CO [New]

    That airspace extending upward from 1,200 feet above the surface
within an area bounded by lat. 44[deg]57'30'' N., long.
103[deg]10'00'' W.; to lat. 44[deg]42'00'' N., long. 101[deg]29'00''
W.; to lat. 43[deg]42'30'' N., long. 101[deg]24'30'' W.; to lat.
43[deg]17'20'' N., long. 100[deg]06'00'' W.; to lat. 42[deg]00'00''
N., long. 099[deg]01'00'' W.; to lat. 39[deg]59'00'' N.,
long.099[deg]03'30'' W.; to lat. 39[deg]28'00'' N., long.
098[deg]48'00'' W.; to lat. 37[deg]30'00'' N., long. 102[deg]33'00''
W.; to lat. 36[deg]43'00'' N., long. 105[deg]00'00'' W.; to lat.
36[deg]43'00'' N., long. 106[deg]05'00'' W.; to lat. 36[deg]12'00''
N., long. 107[deg]28'00'' W.; to lat. 36[deg]02'00'' N., long.
108[deg]13'00'' W.; to lat. 35[deg]42'00'' N., long. 110[deg]14'00''
W.; to lat. 35[deg]46'00'' N., long. 111[deg]50'30'' W.; to lat.
36[deg]25'15'' N., long. 111[deg]30'15'' W.; to lat. 36[deg]44'00''
N., long. 111[deg]36'30'' W.; to lat. 37[deg]24'45'' N., long.
111[deg]52'45'' W.; to lat. 37[deg]50'00'' N., long. 110[deg]53'00''
W.; to lat. 38[deg]07'45'' N., long. 110[deg]09'25'' W.; to lat.
38[deg]12'00'' N., long. 109[deg]59'00'' W.; to lat. 38[deg]56'00''
N., long. 109[deg]59'00'' W.; to lat. 39[deg]13'00'' N., long.
109[deg]59'00'' W.; to lat. 39[deg]35'00'' N., long. 110[deg]18'00''
W.; to lat. 40[deg]00'00'' N., long. 109[deg]10'00'' W.; to lat.
40[deg]51'00'' N., long. 109[deg]06'00'' W.; to lat. 41[deg]22'00''
N., long. 108[deg]16'30'' W.; to lat. 41[deg]36'30'' N., long.
108[deg]00'00'' W.; to lat. 42[deg]25'00'' N., long. 107[deg]03'00''
W.; to lat. 43[deg]53'00'' N., long. 107[deg]17'00'' W.; to lat.
44[deg]19'00'' N., long. 106[deg]16'00'' W.; to lat. 45[deg]14'15''
N., long. 106[deg]00'00'' W.; to lat. 45[deg]07'00'' N., long.
104[deg]15'00'' W.; thence to the point of beginning.

    Issued in Seattle, Washington, on April 7, 2017.
Sam S.L. Shrimpton,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-07788 Filed 4-19-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Page 65995]
[FR Doc No: 2015-27402]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commissioner and Staff Attendance at North American
Electric Reliability Corporation Meetings

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of the Commission and/or Commission staff may
attend the following meetings:
North American Electric Reliability Corporation
Member Representatives Committee and Board of Trustees Meetings
Board of Trustees Corporate Governance and Human Resources Committee,
Finance and Audit Committee, Compliance Committee, and
Standards Oversight and Technology Committee Meetings
The Westin Buckhead, 3391 Peachtree Road NE., Atlanta, GA 30326.
    November 4 (7:30 a.m.-5:00 p.m.) and November 5 (8:30 a.m.-12:00
p.m.), 2015.
    Further information regarding these meetings may be found at:
http://www.nerc.com/Pages/Calendar.aspx.
    The discussions at the meetings, which are open to the public, may
address matters at issue in the following Commission proceedings:
Docket No. RR15-12, North American Electric Reliability Corporation
Docket No. RR15-16, North American Electric Reliability Corporation
Docket No. RD15-5, North American Electric Reliability Corporation
    For further information, please contact Jonathan First, 202-502-
8529, or<EMAIL_ADDRESS>
    Dated: October 21, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-27402 Filed 10-27-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Notices]
[Pages 33999-34003]
[FR Doc No: 2019-15028]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86346; File No. SR-GEMX-2019-08]

Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Relocate Rules
From Its Current Rulebook Into Its New Rulebook Shell

July 10, 2019.
    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 June 27, 2019, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to relocate rules from its current Rulebook
into its new Rulebook.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqgemx.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 rule change is to relocate GEMX rules into the
new Rulebook shell with some amendments to the shell.\3\ Nasdaq ISE,
LLC (``ISE'') recently relocated its rules.\4\ GEMX proposes relocate
its rules so the Rulebook is similar to ISE. The other Nasdaq
affiliated markets will also relocate their Rulebooks in order to
harmonize its rules, where applicable, across Nasdaq markets. The
relocation and harmonization of the GEMX Rules is part of the
Exchange's continued effort to promote efficiency and conformity of its
rules with those of its Affiliated Exchanges. The Exchange believes
that the placement of the GEMX Rules into their new location in

the shell will facilitate the use of the Rulebook by Members and
Members of Affiliated Exchanges.
---------------------------------------------------------------------------

    \3\ Previously, the Exchange added a shell structure to its
Rulebook with the purpose of improving efficiency and readability
and to align its rules closer to those of its five sister exchanges,
Nasdaq BX, Inc.; Nasdaq PHLX LLC; The Nasdaq Stock Market LLC; ISE;
and Nasdaq MRX, LLC (``Affiliated Exchanges''). The shell structure
currently contains eight (8) Chapters which, once complete, will
apply a common set of rules to the Affiliated Exchanges.
    \4\ See SR-ISE-2019-17 (not yet published).
---------------------------------------------------------------------------

Universal Changes
    The Exchange proposes to amend the defined term ``System'' \5\ and
replace ``trading system'' or ``system'' with the defined term
throughout the new rules. The Exchange proposes to capitalize the
defined term ``market maker'' within proposed Options 1, Section
1(a)(20) and also capitalize the term throughout the Rulebook. The
Exchange proposes to capitalize the defined term ``Member'' \6\
throughout the new rules where it is not already capitalized. The
Exchange proposes to capitalize the ``t'' in the defined term
``Exchange Transactions'' \7\ where the term is not properly
capitalized within the Rules. The Exchange proposes to change
references to ``Commentary'' to ``Supplementary Material'' to conform
the term throughout the Rulebook. References to the term ``Regulatory
Information Circular'' or ``circular'' are being amended to the updated
term ``Options Regulatory Alert.''
---------------------------------------------------------------------------

    \5\ The term ``System'' is defined at Rule 100(a)(64).
    \6\ The term ``Member'' is defined at Rule 100(a)(31).
    \7\ The term ``Exchange Transactions'' is defined at Rule
100(a)(23).
---------------------------------------------------------------------------

    The Exchange proposes to update all cross-references within the
Rule to the new relocated rule cites. The Exchange proposes to replace
internal rule references to simply state ``this Rule'' where the rule
is citing itself without a more specific cite included in the Rule. For
example, if GEMX Rule 715 refers currently to ``Rule 715'' or ``this
Rule 715'' the Exchange will amend the phrase to simply ``this Rule.''
The Exchange proposes to conform numbering and lettering in certain
rules to the remainder of the Rulebook. Finally, the Exchange proposes
to delete any current Rules that are reserved in the Rulebook.
General 1
    The Exchange proposes to relocate certain definitions from Rule 100
into proposed General 1, Section 1 and the remainder of the rules into
Options 1, Section 1. The Exchange proposes to relocate definitions
that are specific to the options product into Options 1, Section 1 and
the more general definitions will be relocated into the General
provisions.\8\
---------------------------------------------------------------------------

    \8\ These rules are being relocated into Section 1 of the
General Provisions: Chapter I (a)(4), (7), (10), (11) (14A), (19),
(21), (21A), (23), (25), (26), (27), (31), (32), (49), (58), (59),
(63) and (67).
---------------------------------------------------------------------------

General 2
    The Exchange will not relocate GEMX Rules 200-203 into General 2
Organization and Administration. The Exchange will separately file a
proposed rule change to delete these rules. General 2 would be
comprised of the following rules:

------------------------------------------------------------------------
    Proposed new rule No.                   Current rule No.
------------------------------------------------------------------------
Section 1....................  Rule 204. Divisions of the Exchange.
Section 2....................  Rule 205. Participant Fees (renamed Fees,
                                Dues and Other Charges).
Section 3....................  Rule 207. Exchange's Costs of Defending
                                Legal Proceedings.
Section 4....................  Rule 309. Limitation on Affiliation
                                between the Exchange and Members.
------------------------------------------------------------------------

    Rule 208, Sales Value Fee, will be relocated into Options 7. The
Exchange intends to locate similar rules within other Nasdaq Rulebooks
in similar locations when it files to relocate other Affiliate Exchange
Rulebooks in separate rule changes. The Exchange proposes to reserve
Sections 5 and 6 within General 2.
General 3
    The Exchange proposes to relocate the following rules into General
3, ``Membership and Access.''

------------------------------------------------------------------------
    Proposed new rule No.                   Current rule No.
------------------------------------------------------------------------
Section 1....................  Rule 300. Membership/Rule 301.
                                Qualification of Members (combined into
                                one rule).
Section 2....................  Rule 303. Denial of and Conditions to
                                Becoming a Member.
Section 3....................  Rule 305. Persons Associated with
                                Members.
Section 4....................  Rule 307. Documents Required of
                                Applicants and Members.
Section 5....................  Rule 302. Member Application Procedures.
Section 6....................  Rule 308. Dissolution and Liquidation of
                                Members.
------------------------------------------------------------------------

General 5
    The Exchange proposes to relocate the following rules into General
5 Discipline:

------------------------------------------------------------------------
    Proposed new rule No.                   Current rule No.
------------------------------------------------------------------------
Section 1....................  16. Disciplinary Jurisdiction.
Section 2....................  80. Investigations and Sanctions.
Section 3....................  90. Code of Procedure.
------------------------------------------------------------------------

    The Exchange proposes to note the rule text contained within
Chapter 16 within General 5, Section 1 and also replicate that text
within Options 11, Section 1 as Jurisdiction and Minor Rule Plan
Violations are combined currently in Chapter 16 currently.
Options 1
    The Exchange proposes to rename current Options 1 from ``Options
Definitions'' to ``General Provisions.''

The Exchange proposes to relocate certain definitions from Rule 100
into proposed General 1, Section 1 and the remainder of the rules into
Options 1, Section 1. The Exchange proposes to relocate definitions
that are specific to the options product into Options 1, Section 1.
Section 2 of Options 1 is being reserved.
Options 2
    The Exchange proposes to rename Options 2 from ``Options Trading
Rules'' to ``Options Market Participants'' and relocate the following
rules into this chapter:

------------------------------------------------------------------------
    Proposed new rule No.                   Current rule No.
------------------------------------------------------------------------
Section 1....................  Rule 800. Registration of Market Makers.
Section 2....................  Rule 801. Designated Trading
                                Representatives.
Section 3....................  Rule 802. Appointment of Market Makers.
Section 4....................  Rule 803. Obligations of Market Makers.
Section 5....................  Rule 804. Market Maker Quotations except
                                804(h) which will be relocated into
                                Options 3.
Section 6....................  Rule 805. Market Maker Orders.
Section 7....................  Rule 807. Securities Accounts and Orders
                                of Market Makers.
Section 8....................  Rule 809. Financial Requirements for
                                Market Makers.
------------------------------------------------------------------------

    Sections 9 and 10 will be reserved. Rule 802 references to foreign
currency options were not included in the relocated rule because
Chapter 22 does not exist in the Rulebook.
Options 2A
    The Exchange proposes a new Options Section 2A titled ``GEMX Market
Maker Rights'' and proposes to relocate Rule 304, ``Approval to Operate
Multiple Memberships'' into new Section 2. The Exchange proposes to
reserve Section 1.
Options 3
    The Exchange proposes to rename Options 3 from ``Options Market
Participants'' to ``Options Trading Rules'' and relocate the following
rules into this chapter:

------------------------------------------------------------------------
    Proposed new rule No.                   Current rule No.
------------------------------------------------------------------------
Section 1....................  Rule 700. Days and Hours of Business.
Section 2....................  Rule 708. Units of Trading/Rule 709.
                                Meaning of Premium Quotes and Orders
                                (combined into one rule).
Section 3....................  Rule 710. Minimum Trading Increments.
Section 4....................  Rule 711. Acceptance of Quotes and
                                Orders, except (c) and (d).
Section 5....................  Reserved.
Section 6....................  Rule 704. Collection and Dissemination of
                                Quotations.
Section 7....................  Rule 715. Types of Orders.
Section 8....................  Rule 701. Opening.
Section 9....................  Rule 702. Trading Halts/Rule 703. Trading
                                Halts Due To Extraordinary Market
                                Volatility.
Section 10...................  Rule 713. Priority of Quotes and Orders.
Section 11...................  Rule 716. Auction Mechanisms.
Section 12...................  Rule 721. Crossing Orders.
Section 13...................  Rule 723. Price Improvement Mechanism for
                                Crossing Transactions.
Section 14...................  Reserved.
Section 15...................  Rule 714. Automatic Execution of Orders
                                (renamed Simple Order Risk Protections).
Section 16...................  Reserved.
Section 17...................  Kill Switch (relocating 711(c)).
Section 18...................  Detection of Loss of Communication
                                (relocating 711(d)).
Section 19...................  Reserved.
Section 20...................  Rule 720. Nullification and Adjustment of
                                Options Transactions including Obvious
                                Errors/Rule 720A. Erroneous Trades due
                                to System Disruptions and Malfunctions
                                (combined into one rule).
Section 21...................  Rule 706. Access to and Conduct on the
                                Exchange.
Section 22...................  Rule 717. Limitations on Orders.
Section 23...................  Rule 718. Data Feeds and Trade
                                Information.
Section 24...................  Rule 719. Transaction Price Binding.
Section 25...................  Reserved.
Section 26...................  Message Traffic Mitigation (relocating
                                Rule 804(h).
Section 27...................  Rule 705. Limitation of Liability.
------------------------------------------------------------------------

    The Exchange proposes to combine GEMX Rules 708 and 709 within
Section 2.\9\ GEMX Rule 714 is being relocated into Options 3, Section
15 and is being renamed from ``Automatic Execution of Orders'' to
``Simple Order Risk Protections.'' GEMX Rules 702 and 703 are being
combined into Section 9. The Exchange proposes to combine GEMX Rules
720 and 720A into Section 20.\10\ The Exchange proposes to relocate
GEMX Rule 711(c) and (d) into new separate Rules at Sections 17 and 18.
The Exchange proposes to create a separate rule in Section 26 relocated
from Rule 804(h) and title the rule ``Message Traffic Mitigation.''
---------------------------------------------------------------------------

    \9\ The Exchange is not proposing any substantive changes in
consolidating these rules.
    \10\ Id.
---------------------------------------------------------------------------

Options 4
    The Exchange proposes to relocate rules from GEMX Chapter 5 which
incorporates those Rules by reference to

Nasdaq ISE, LLC (``ISE'') Chapter 5, within Options 4 Options Listing
Rules.
Options 4A
    The Exchange proposes to relocate rules from GEMX Chapter 20 which
incorporates those Rules by reference to Nasdaq ISE, LLC (``ISE'')
Chapter 20, within new proposed Options 4A, which is proposed to be
titled ``Options Index Rules.''
Options 5
    The Exchange proposes to relocate rules from GEMX Chapter 19 which
incorporates those Rules by reference to Nasdaq ISE, LLC (``ISE'')
Chapter 19, within Options 5. The Exchange also proposes to rename
Options 5 from ``Options Trade Administration'' to ``Order Protections
and Locked and Crossed Markets.''
Options 6
    The Exchange proposes to rename Options 6 from ``Order Protections
and Locked and Cross Markets'' to ``Options Trade Administration'' and
relocate rules within Options 6 as follows:

------------------------------------------------------------------------
    Proposed new rule No.                   Current rule No.
------------------------------------------------------------------------
Section 1....................  Rule 707. Authorization to Give Up.
Section 2....................  Rule 712. Submission of Orders and
                                Clearance of Transactions.
Section 3....................  Rule 806. Trade Reporting and Comparison.
Section 4....................  Rule 808. Letters of Guarantee.
------------------------------------------------------------------------

Options 6A
    The Exchange proposes to relocate rules from GEMX Chapter 10 which
incorporates those Rules by reference to Nasdaq ISE, LLC (``ISE'')
Chapter 10, within Options 6A. The Exchange proposes to title Options
6A as ``Closing Transactions.''
Options 6B
    The Exchange proposes to relocate rules from GEMX Chapter 11 which
incorporates those Rules by reference to Nasdaq ISE, LLC (``ISE'')
Chapter 11, within Options 6B. The Exchange proposes to title Options
6B as ``Exercises and Deliveries.''
Options 6C
    The Exchange proposes to relocate rules from GEMX Chapter 12 which
incorporates those Rules by reference to Nasdaq ISE, LLC (``ISE'')
Chapter 12, within Options 6B. The Exchange proposes to title Options
6C as ``Margins.''
Options 6D
    The Exchange proposes to relocate rules from GEMX Chapter 13 which
incorporates those Rules by reference to Nasdaq ISE, LLC (``ISE'')
Chapter 13, within Options 6D. The Exchange proposes to title Options
6D as ``Net Capital Requirements.''
Options 6E
    The Exchange proposes to relocate rules from GEMX Chapter 14 which
incorporates those Rules by reference to Nasdaq ISE, LLC (``ISE'')
Chapter 14, within Options 6D. The Exchange proposes to title Options
6E as ``Records, Reports and Audits.''
Options 7
    The Exchange proposes to relocate Rule 208 titled ``Sales Value
Fee'' to Options 7, Options Pricing at new proposed Section 8.
Options 9
    The Exchange proposes to relocate rules from GEMX Chapter 4 which
incorporates those Rules by reference to Nasdaq ISE, LLC (``ISE'')
Chapter 4, within Options 9. The Exchange proposes to title Options 9
as ``Business Conduct.''
Options 10
    The Exchange proposes to relocate rules from GEMX Chapter 6 which
incorporates those Rules by reference to Nasdaq ISE, LLC (``ISE'')
Chapter 6, within Options 10. The Exchange proposes to title Options 10
as ``Doing Business with the Public.''
Options 11
    The Exchange proposes to note the rule text contained within
Chapter 16 within Options 11, Section 1 as Jurisdiction and Minor Rule
Plan Violations and also replicate that rule text within General 5,
Section 1. The text is currently combined in Chapter 16. The Exchange
proposes to title Options 11 as ``Minor Rule Plan Violations.''
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\11\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\12\ in particular, in that it is designed to
promote just and equitable principles of trade and to protect investors
and the public interest by bringing greater transparency to its rules
by relocating its Rules into the new Rulebook shell together with other
rules which have already been relocated. The Exchange's proposal is
consistent with the Act and will protect investors and the public
interest by harmonizing its rules, where applicable, across Nasdaq
markets so that Members can readily locate rules which cover similar
topics. The relocation and harmonization of the GEMX Rules is part of
the Exchange's continued effort to promote efficiency and conformity of
its rules with those of its Affiliated Exchanges. The Exchange believes
that the placement of the GEMX Rules into their new location in the
shell will facilitate the use of the Rulebook by Members. Specifically,
the Exchange believes that market participants that are members of more
than one Nasdaq market will benefit from the ability to compare
Rulebooks.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange is not substantively amending rule text unless noted
otherwise within this rule change. The renumbering, re-lettering,
deleting reserved rules, amending cross-references and other minor
technical changes will bring greater transparency to GEMX's Rules. The
Exchange intends to file other rule changes to relocate Affiliated
Exchange Rulebooks to corresponding rules into the same location in
each Rulebook for ease of reference. The Exchange believes its proposal
will benefit investors and the general public by increasing the
transparency of its Rulebook and promoting easy comparisons among the
various Nasdaq Rulebooks.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that the
proposed amendments do not impose an undue burden on competition
because the amendments to relocate the Rules are non-substantive. This
rule change is intended to bring greater clarity to the Exchange's
Rules. Renumbering, re-lettering, deleting reserved rules and

amending cross-references will bring greater transparency to GEMX's
Rules.

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 \13\ and Rule 19b-
4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \15\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \16\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay so
that the proposed rule change may become operative upon filing. As the
proposed rule change raises no novel issues and is largely
organizational, the Commission believes that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest. Accordingly, the Commission hereby waives the
operative delay and designates the proposed rule change operative upon
filing.\17\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-GEMX-2019-08 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-GEMX-2019-08. 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-GEMX-2019-08, and should be submitted on
or before August 6, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-15028 Filed 7-15-19; 8:45 am]
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[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50117-50118]
[FR Doc No: 2021-19312]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2021-0128; FRL--8951-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Clean Watersheds Needs Survey (CWNS)
(Reinstatement)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Clean Watersheds Needs Survey
(EPA ICR Number 0318.13, OMB Control Number 2040-0050) to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. This is a request for approval of
reinstatement a previously approved ICR. Public comments were
previously requested via the Federal Register on March 1st, 2021 during
a 60-day comment period. This notice allows for an additional 30 days
for public comments. A fuller description of the ICR is given below,
including its estimated burden and cost to the public. An agency may
not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or before October 7,
2021.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OW-2021-0128 online using www.regulations.gov (our preferred method) or
by mail to: EPA Docket Center, Environmental Protection Agency, Mail
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Joshua Klein, Office of Water, State
Revolving Fund Branch, (4204M), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
564-8616; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.

    Abstract: The Clean Watersheds Needs Survey (CWNS) is required by
Clean Water Act (CWA) Sections 205(a) and 516. It is a periodic
inventory of existing and planned publicly owned wastewater conveyance
and treatment facilities, combined sewer overflow correction,
stormwater management and other water pollution control facilities in
the United States, as well as an estimate of how many of these
facilities need to be built. The CWNS is a joint effort between EPA and
the states. The CWNS collects cost and technical data from states that
are associated with publicly owned treatment works (POTWs) and other
water pollution control facilities, existing and planned. The
respondents who provide this information to EPA are state agencies
responsible for environmental pollution control and local facility
contacts who provide documentation to the states. Periodically, the
states request data or documentation from contacts at the facility or
local government level. These respondents are referred to as
facilities.
    No confidential information is used, nor is sensitive information
collected that would be protected from release under the Public
Information Act. EPA achieves national consistency in the final results
through the application of uniform guidelines and validation
techniques.
    Form Numbers: None.
    Respondents/affected entities: States, Territories, and Local
Facilities.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 56 States and Territories, 5,349
Local Facilities (total).
    Frequency of response: Every 4 years.
    Total estimated burden: 9,645 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $505,004 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: There is an increase of 541 hours and
$134,820 in the total estimated respondent burden compared with the ICR
previously approved by OMB. This increase is based upon an increase in
facility universe, as well as an adjustment in labor rates and
benefits.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2021-19312 Filed 9-3-21; 8:45 am]
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[Federal Register Volume 78, Number 209 (Tuesday, October 29, 2013)]
[Notices]
[Page 64494]
[FR Doc No: 2013-25536]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF14-2-000]

Southwestern Power Administration; Notice of Filing

    Take notice that on October 3, 2013, the Deputy Secretary of the
Department of Energy, pursuant to the authority vested by sections
301(b), 302(a), 402(e), 641, 642, 643, and 644, of the Department of
Energy Organization Act (Pub. L. 95-91), and by Delegation Order Nos.
00-037.00 (December 6, 2001) and 00-001.00E (June 6, 2013), confirmed,
approved, and placed in effect on an interim basis in Rate Order SWPA-
67, Southwestern Power Administration annual rate for the sale of power
and energy from the Rayburn Project to the Sam Rayburn Dam Electric
Cooperative, Inc.
    Any person desiring 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, 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 comment date. On or
before the comment date, it is not necessary to 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 5 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 email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on November 4, 2013.

    Dated: October 18, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-25536 Filed 10-28-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Notices]
[Page 82384]
[FR Doc No: 2023-25962]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-D-2925]

Defining Durations of Use for Approved Medically Important
Antimicrobial Drugs Fed to Food-Producing Animals; Draft Guidance for
Industry; Extension of the Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; extension of the comment period.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) is
extending the comment period for the notice of availability that
published in the Federal Register of September 26, 2023. In that
notice, FDA requested comments on the draft guidance for industry (GFI)
#273 entitled ``Defining Durations of Use for Approved Medically
Important Antimicrobial Drugs Fed to Food-Producing Animals.'' The
Agency is taking this action in response to requests for an extension
to allow interested persons additional time to develop and submit
comments.

DATES: FDA is extending the comment period on the notice of
availability published September 26, 2023 (88 FR 66009). Submit either
electronic or written comments on the draft guidance by January 5,
2024, to ensure that the Agency considers your comments on this draft
guidance before it begins work on the final version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2023-D-2925 for ``Defining Durations of Use for Approved Medically
Important Antimicrobial Drugs Fed to Food-Producing Animals.'' Received
comments will be placed in the docket and, except for those submitted
as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: John Mussman, Center for Veterinary
Medicine (HFV-130), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of September 26,
2023, FDA published a notice announcing the availability of a draft
guidance for industry (GFI) #273 entitled ``Defining Durations of Use
for Approved Medically Important Antimicrobial Drugs Fed to Food-
Producing Animals.'' Interested persons were originally given until
December 26, 2023, to comment on the draft guidance.
    The Agency received requests for extension of the comment period
for the draft guidance. After considering the requests, and the fact
that the original comment period is scheduled to close on December 26,
2023, FDA has decided to extend the comment period for the draft
guidance until January 5, 2024. The Agency believes that this extension
allows adequate time for interested persons to submit comments to
ensure that FDA can consider the comments before it begins work on the
final version of the guidance.

    Dated: November 20, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-25962 Filed 11-22-23; 8:45 am]
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