[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Proposed Rules]
[Pages 51491-51495]
[FR Doc No: 2015-20835]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3147; Directorate Identifier 2014-NM-094-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
The Boeing Company Model 777-200, -200LR, -300, and -300ER series
airplanes. This proposed AD was prompted by reports of fractured
forward attach fittings of the inboard flap outboard aft flap track.
The fractured fittings were determined to be the result of corrosion
pits forming on the inside diameter of the fittings. This proposed AD
would require an inspection for the affected part number and serial
number of the main flap; various additional repetitive inspections of
the fitting, if necessary; and replacement of the fitting or nested
bushing installation, if necessary, which would terminate the
inspections. This proposed AD would also provide for optional
terminating action for the repetitive inspections. We are proposing
this AD to detect and correct fracture of the fitting, which could
result in the loss of the inboard aft flap and could lead to a
punctured fuselage, causing injury to the flightcrew and passengers,
and damage to the airplane.

DATES: We must receive comments on this proposed AD by October 9, 2015.

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 proposed 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>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3147.

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-2015-
3147; 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: Eric Lin, Aerospace Engineer, Airframe
Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue SW., Renton, WA 98057-3356; telephone:<PHONE_NUMBER>; fax: 425-
917-6590; 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-2015-3147;
Directorate Identifier 2014-NM-094-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 reports of fractured forward attach fittings of
the inboard flap outboard aft flap track, and it is believed to be the
result of corrosion pits forming on the inside diameter of the
fittings. Four operators have reported finding four fractured forward
attach fittings of the aft flap track of the inboard flap on airplanes
with approximately 20,300 to 31,900 total flight hours and
approximately 5,900 to 8,500 total flight cycles. In addition, two
operators reported three cracked fittings on airplanes with
approximately 29,300 to 35,700 total flight hours and approximately
5,200 to 7,900 total flight cycles. This condition, if not corrected,
could result in the loss of the inboard aft flap and could lead to a
punctured fuselage, causing injury to the flightcrew and passengers,
and damage to the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 777-57-0094,
Revision 1, dated November 5, 2014. The service information describes
procedures for an inspection for the affected part number and serial
number of the main flap; various additional repetitive inspections of
the fitting, if necessary; and replacement of the fitting or nested
bushing installation, if necessary, which would eliminate the need for
the inspections. 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
of this NPRM.

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.'' Refer to this service information for details on the
procedures and compliance times.

Explanation of ``RC'' Steps in Service Information

    The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(ARC), to enhance the AD system. One enhancement was a new process for
annotating which steps in the service information are required for
compliance with an AD. Differentiating these steps from other tasks in
the service information is expected to improve an owner's/operator's
understanding of crucial AD requirements and help provide consistent
judgment in AD compliance. The steps identified as Required for
Compliance (RC) in any service information identified previously have a
direct effect on detecting, preventing, resolving, or eliminating an
identified unsafe condition.
    For service information that contains steps that are labeled as RC,
the following provisions apply: (1) 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, and an AMOC is required for any
deviations to RC steps, including substeps and identified figures; and
(2) 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.

Differences Between This Proposed AD and the Service Information

    Boeing Special Attention Service Bulletin 777-57-0094, Revision 1,
dated November 5, 2014, specifies groups 1, 2, 3, 4, and 5 airplanes as
the effectivity. However, this proposed AD is applicable only to groups
1, 2, and 4 airplanes (Model 777-200, -200LR, -300, and -300ER
airplanes) because the identified unsafe condition only affects these
airplanes. For groups 3 and 5 airplanes (Model 777F airplanes), the

consequence of fitting fracture on these airplanes has not been
determined to be an unsafe condition at this time. Therefore, we are
not requiring inspections for groups 3 and 5 airplanes. We have
coordinated this difference with Boeing.

Costs of Compliance

    We estimate that this proposed AD affects 148 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Action                          Labor cost          Parts cost       Cost per product                  Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection to determine the part        3 work-hours x $85 per              $0  $255.....................  $37,740.
 number.                                 hour = $255.
Additional Inspections................  Up to 7 work[dash]hours x            0  Up to $595, per cycle....  Up to $88,060, per cycle.
                                         $85 per hour = $595, per
                                         cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
The nested bushing installation of the attach fitting and the fitting
replacement are also optional terminating actions. We have no way of
determining the number of aircraft on which these actions might be
done.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                    Labor cost                 Parts cost    product
----------------------------------------------------------------------------------------------------------------
Nested bushing installation of the attach       40 work-hours x $85 per hour = $3,400.          $45      $3,445.
 fitting.
Fitting replacement...........................  73 work-hours x $85 per hour = $6,205.        7,400      13,605.
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    According to the manufacturer, all of the costs of this proposed 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 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-2015-3147; Directorate Identifier
2014-NM-094-AD.

(a) Comments Due Date

    We must receive comments by October 9, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 777-200, -200LR,
-300, and -300ER series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of fractured forward attach
fittings of the inboard flap outboard aft flap track. The fractured
fittings were determined to be the result of corrosion pits forming
on the inside diameter of the fittings. We are issuing this AD to
detect and correct fracture of the fitting, which could result in
the loss of the inboard aft flap and could lead to a punctured
fuselage, causing injury to the flightcrew and passengers, and
damage to the airplane.

(f) Compliance

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

(g) Inspection To Determine the Part Number

    At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 777-57-
0094, Revision 1, dated November 5, 2014, except as provided by
paragraph (l) of this AD: Do an inspection of the inboard flap of
the main flap for affected part and serial numbers, in accordance
with the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 777-57-0094, Revision 1, dated November 5, 2014. A
review of airplane maintenance records is acceptable in lieu of this
inspection if the part number and serial number of the inboard flap
can be conclusively determined from that review.

(h) Additional Inspections

    If any inboard flap of the main flap having an affected part
number and serial number is found during the inspection required by
paragraph (g) of this AD: Except as provided by paragraph (l) of
this AD, at the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 777-57-
0094, Revision 1, dated November 5, 2014, do the inspections
specified in paragraph (h)(1) or (h)(2) of this AD, in accordance
with the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 777-57-0094, Revision 1, dated November 5, 2014.
Repeat the inspections thereafter at the applicable times specified
in paragraph 1.E., ``Compliance,'' of Boeing Special Attention
Service Bulletin 777-57-0094, Revision 1, dated November 5, 2014,
until a terminating action in paragraph (k)(1), (k)(2), or (k)(3) of
this AD is done.
    (1) At the forward attach fitting of the aft flap track of the
inboard flap: Do a detailed inspection for cracking and bushing
migration, and a high frequency eddy current inspection for
cracking, in accordance with Part 2 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 777-57-
0094, Revision 1, dated November 5, 2014.
    (2) At the forward attach fitting of the aft flap track of the
inboard flap: Do a detailed inspection for cracking and bushing
migration, and an ultrasound inspection for cracking, in accordance
with Part 3 of the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014.

(i) Corrective Action for Bushing Migration

    If any bushing migration but no cracking is found during any
inspection required by paragraph (h) of this AD: At the applicable
times specified in paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014, do the actions specified in paragraphs (i)(1) through
(i)(3) of this AD. Accomplishment of a terminating action specified
in paragraph (i)(3) or (k) of this AD terminates the actions
required by this paragraph.
    (1) Apply corrosion inhibiting compound BMS 3-23, Type II,
around the bushing flanges on each side of the fitting, in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014. Re-apply the corrosion inhibiting compound at the time
specified in paragraph 1.E., ``Compliance,'' of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014.
    (2) Repeat the inspections specified in paragraph (h)(1) or
(h)(2) of this AD, except inspect for cracking only.
    (3) Do a terminating action specified in paragraph (i)(3)(i),
(i)(3)(ii), or (i)(3)(iii) of this AD.
    (i) Install a nested bushing to the forward attach fitting of
the aft flap track of the inboard flap, in accordance with Part 4 of
the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 777-57-0094, Revision 1, dated November 5, 2014.
    (ii) Replace the forward attach fitting of the aft flap track of
the inboard flap with an aluminum fitting, in accordance with Part 5
of the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 777-57-0094, Revision 1, dated November 5, 2014.
    (iii) Replace the forward attach fitting of the aft flap track
of the inboard flap with a titanium fitting, in accordance with Part
6 of the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 777-57-0094, Revision 1, dated November 5, 2014.

(j) Corrective Actions for Cracking

    If any cracking is found during any inspection required by
paragraph (h) or (i)(3) of this AD: At the applicable time specified
in paragraph 1.E., ``Compliance,'' of Boeing Special Attention
Service Bulletin 777-57-0094, Revision 1, dated November 5, 2014, do
a terminating action specified in paragraph (j)(1) or (j)(2) of this
AD. Replacement of the forward attach fitting as specified in
paragraph (j)(1) or (j)(2) of this AD terminates the actions in this
AD.
    (1) Replace the forward attach fitting of the aft flap track of
the inboard flap with an aluminum fitting, in accordance with Part 5
of the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 777-57-0094, Revision 1, dated November 5, 2014.
    (2) Replace the forward attach fitting of the aft flap track of
the inboard flap with a titanium fitting, in accordance with Part 6
of the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 777-57-0094, Revision 1, dated November 5, 2014.

(k) Optional Terminating Actions

    (1) Installation of the nested bushing to the forward attach
fitting of the aft flap track of the inboard flap, in accordance
with Part 4 of the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014, terminates the requirements of this AD.
    (2) Replacement of the forward attach fitting of the aft flap
track of the inboard flap with an aluminum fitting, in accordance
with Part 5 of the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014, terminates the requirements of this AD.
    (3) Replacement of the forward attach fitting of the aft flap
track of the inboard flap with a titanium fitting, in accordance
with Part 6 of the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 777-57-0094, Revision 1, dated November
5, 2014, terminates the requirements of this AD.

(l) Exception to the Service Information

    Where Boeing Special Attention Service Bulletin 777-57-0094,
Revision 1, dated November 5, 2014, specifies a compliance time
``after the original issue date of this service bulletin,'' this AD
requires compliance within the specified compliance time after the
effective date of this AD.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in
paragraphs (h)(1) and (h)(2) of this AD, if those actions were
performed before the effective date of this AD using Boeing Special
Attention Service Bulletin 777-57-0094, dated January 29, 2014,
which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions specified in
paragraph (h)(1) of this AD, if those actions were performed before
the effective date of this AD using Boeing Multi Operator Message
MOM-MOM-13-0137-01B, dated February 21, 2013, which is not
incorporated by reference in this AD.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 (o)(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 required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair 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
(n)(4)(i) and (n)(4)(ii) 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. 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.

(o) Related Information

    (1) For more information about this AD, contact Eric Lin,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
telephone:<PHONE_NUMBER>; 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 August 17, 2015.
Kevin Hull,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-20835 Filed 8-24-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Notices]
[Page 26174-26176]
[DOCID:fr08my08-136]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57767; File No. SR-CHX-2008-06]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto Regarding the Definition of Qualified
Contingent Trade

May 2, 2008.
    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 29, 2008, the Chicago Stock Exchange, Inc. (``CHX'' 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 substantially prepared by CHX. On May
1, 2008, CHX submitted Amendment No. 1 to the proposed rule change. The
Exchange has filed the proposal as a ``non-controversial'' rule change
pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders it effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its rules to delete from the
definition of Qualified Contingent Trade the requirement that such
transactions be for a minimum size of either 10,000 shares or $200,000
in transaction value. The text of the proposed rule change is available
at CHX, the Commission's Public Reference Room, and http://www.chx.com/
rules/proposed_rules.htm.

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

    In its filing with the Commission, CHX 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. CHX 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's rules currently define the term ``Qualified
Contingent Trade'' according to the definition included in an exemptive
order issued by the Commission on August 31, 2006.\5\ Pursuant to the
Exemptive Order, Qualified Contingent Trades are exempt from the trade-
through restrictions of

Regulation NMS.\6\ The Exchange has incorporated an identical
definition of Qualified Contingent Trades in order that such trades
could also be exempted from Exchange rules restricting intermarket
trade-throughs.
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    \5\ See Securities Exchange Act Release No. 54389 (August 31,
2006), 71 FR 52829 (September 7, 2006) (Order Granting an Exemption
for Qualified Contingent Trades from Rule 611(a) of Regulation NMS)
(``Exemptive Order'').
    \6\ 17 CFR 242.600 et seq. See 17 CFR 242.611.
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    On April 4, 2008, the Commission issued a revised exemptive order
eliminating one of the elements of the original Qualified Contingent
Trade definition.\7\ Based upon a request from the Chicago Board
Options Exchange, Incorporated, the Revised Exemptive Order deleted the
minimum size restrictions of 10,000 shares or $200,000 in transaction
value which were part of the original definition. The Exchange proposes
to eliminate the size and value restrictions from its own definition of
Qualified Contingent Trade in order to operate its marketplace in a
manner consistent with Commission directives. The Exchange proposes to
change its rules to eliminate any minimum size or value restrictions in
its definition of the term Qualified Contingent Trade. The Exchange
also proposes to eliminate an obsolete reference in the rule to the
prospective application of Regulation NMS and to correct an erroneous
citation in Article 20, Rule 5 to the Qualified Contingent Trade
definition.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 57620 (April 4,
2008), 73 FR 19271 (April 9, 2008) (Order Modifying the Exemption
for Qualified Contingent Trades from Rule 611(a) of Regulation NMS)
(``Revised Exemptive Order'').
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2. Statutory Basis
    CHX believes the proposal is consistent with the requirements of
the Act and the rules and regulations thereunder that are applicable to
a national securities exchange, and, in particular, with the
requirements of Section 6(b) of the Act.\8\ The Exchange believes that
the proposed changes are consistent with Section 6(b)(5) of the Act,\9\
because they would promote just and equitable principles of trade,
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, protect investors
and the public interest by allowing CHX to amend its rules to reflect
the Revised Exemptive Order defining the term Qualified Contingent
Trade.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78(f)(b).
    \9\ 15 U.S.C. 78(f)(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    Because the foregoing rule change does not: (1) Significantly
affect the protection of investors or the public interest; (2) impose
any significant burden on competition; and (3) become operative for 30
days after the date of this filing, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\12\
However, Rule 19b-4(f)(6)(iii) \13\ 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. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because such waiver
would allow the Exchange to implement the proposal without needless
delay. The Commission notes that it recently modified the definition of
Qualified Contingent Trade originally adopted in the Exemptive
Order.\14\ For this reason, the Commission designates the proposed rule
change to be operative upon filing with the Commission.\15\
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    \12\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
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 the five-day pre-filing
notice requirement.
    \13\ Id.
    \14\ See Revised Exemptive Order, supra note 7.
    \15\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change the Commission may summarily abrogate 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.\16\
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    \16\ 15 U.S.C. 78s(b)(3)(C). For purposes of calculating the 60-
day period within which the Commission may summarily abrogate the
proposal, the Commission considers the period to commence on May 1,
2008, the date on which the Exchange submitted Amendment No. 1.
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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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CHX-2008-06 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CHX-2008-06. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of CHX. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions

should refer to File Number SR-CHX-2008-06 and should be submitted on
or before May 29, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-10210 Filed 5-7-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Notices]
[Page 33032]
[FR Doc No: 2014-13477]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

China Power Technology, Inc.; Order of Suspension of Trading

June 5, 2014.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
China Power Technology, Inc. because it has not filed any periodic
reports since the period ended March 31, 2011.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed company is suspended for
the period from 9:30 a.m. EDT on June 5, 2014, through 11:59 p.m. EDT
on June 18, 2014.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014-13477 Filed 6-5-14; 11:15 am]
BILLING CODE 8011-01-P