[Federal Register: December 10, 2009 (Volume 74, Number 236)]
[Notices]
[Page 65578-65580]
[DOCID:fr10de09-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61105; File No. SR-FINRA-2009-082]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Proposed Rule Change Relating to
Reporting of Trade Cancellations to FINRA

December 3, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 24, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to (1) amend FINRA trade reporting rules to
permit members to report trade cancellations after 5:15 p.m. Eastern
Time on trade date to the FINRA/Nasdaq Trade Reporting Facility
(``FINRA/Nasdaq TRF'') and the OTC Reporting Facility (``ORF''); and
(2) make certain conforming changes to the rules relating to the
submission of trade cancellations to the Alternative Display Facility
(``ADF''). The amendments proposed herein are identical to the current
rules relating to the FINRA/NYSE Trade Reporting Facility (``FINRA/NYSE
TRF'') and would make FINRA rules governing the submission of trade
cancellations consistent across the ``FINRA Facilities.'' \3\
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    \3\ The ADF, FINRA/Nasdaq TRF, FINRA/NYSE TRF and ORF are
collectively referred to herein as the ``FINRA Facilities.''
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    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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
    FINRA rules require members to report the cancellation of any over-
the-counter trade that was previously submitted to a FINRA Facility
within certain prescribed time periods.\4\ For example, if a trade
executed during normal market hours (i.e., 9:30 a.m. to 4 p.m. Eastern
Time) is canceled during normal market hours on trade date, the
cancellation must be reported to FINRA within 90 seconds.\5\
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    \4\ See Rules 6282(j), 6380A(g), 6380B(f) and 6622(f).
    \5\ See Rules 6380A(g)(2)(A), 6380B(f)(2)(A) and 6622(f)(2)(A).
     FINRA notes that currently, the ADF rules do not contain a 90-
second reporting requirement for trade cancellations. As described
more fully below, FINRA is proposing to amend the ADF rules to
conform to the rules for the other FINRA Facilities in this regard.
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    The rules governing the reporting of trade cancellations to the
FINRA/Nasdaq TRF and ORF are based on the traditional 5:15 p.m.
``media'' cut-off time (i.e., for the submission of trades for public
dissemination purposes) and prohibit the reporting of trade
cancellations after 5:15 p.m. on trade date.\6\ In other words,
although the FINRA/Nasdaq TRF and ORF are open until 8 p.m., if a
member does not report a trade cancellation by 5:15 p.m. on trade date,
then the member must wait until the next day to report the
cancellation. This means that trade cancellations are not submitted to
the Securities Information Processors (``SIPs'') by the FINRA/Nasdaq
TRF or to the Trade Data Dissemination Service (``TDDS'') feed by the
ORF after 5:15 p.m. on trade date, and the high price/low price/last
sale price calculations for the day are not updated after 5:15 p.m.\7\
By contrast, the rules relating to the ADF and FINRA/NYSE TRF do not
include a 5:15 p.m. cut-off. Cancellations on trade date can be
reported to these two facilities until the time they close (6:30 p.m.
for the ADF and 8 p.m. for the FINRA/NYSE TRF),\8\ and the SIPs update
the high/low/last calculations accordingly.
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    \6\ See Rules 6380A(g)(2) and 6622(f)(2).
    \7\ Market participants historically have relied on the high/
low/last calculations provided by the SIPs, e.g., some market data
vendors would ``lock in'' high/low/last for the day in their data
products at the 5:15 p.m. media cut-off time, and mutual fund
companies would set their daily fund net asset values based on the
last sale price as of the 5:15 p.m. media cut-off. FINRA does not
believe that market participants today rely on the high/low/last
calculations provided by the SIPs to the degree they once did. For
example, today many market participants buy closing price data
directly from the primary listing market for the issue. However,
FINRA is requesting that the SEC specifically solicit comment on the
industry's reliance on the high/low/last calculation provided by the
SIPs and/or TDDS, and in turn, the relevance of the 5:15 p.m. media
cut-off today.
    \8\ See Rules 6282(j)(2) and 6380B(f)(2).
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    FINRA is proposing to amend Rules 6380A(g)(2) and 6622(f)(2)
relating to the FINRA/Nasdaq TRF and the ORF, respectively, to
eliminate the 5:15 p.m. cut-off and to allow members to submit reports
of trade cancellations on trade date until the close of the facilities
at 8 p.m. As a result of the proposed rule change, reports of trade
cancellations submitted to the FINRA/Nasdaq TRF and ORF until 8 p.m. on
trade date will update the high/low/last calculations for the day. The
text of the proposed amendments is identical to the text of current
Rule 6380B(f)(2) relating to the FINRA/NYSE TRF.\9\
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    \9\ FINRA is proposing to make a technical change to Rule
6380B(f)(2)(F) relating to the FINRA/NYSE TRF. Pursuant to SR-NASD-
2007-037, FINRA proposed to amend its trade reporting rules to
extend the closing time of the FINRA/NYSE TRF from 6:30 p.m. to 8
p.m. Eastern Time. See Securities Exchange Act Release No. 55916
(June 15, 2007), 72 FR 34499 (June 22, 2007) (notice of filing and
immediate effectiveness of SR-NASD-2007-037). However, FINRA
inadvertently neglected to propose to replace a reference to 6:30
p.m. with 8 p.m. in Rule 6380B(f)(2)(F) and is proposing to make
that change in this filing.
    FINRA also is proposing technical changes, where necessary, to
clarify that references to ``before 4 p.m.'' mean ``at or before 4
p.m.'' and references to ``after 6:30 p.m.'' (or 8 p.m., as
applicable) mean ``at or after 6:30 p.m.'' (or 8 p.m., as
applicable) to close any inadvertent gaps in the rules.
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    FINRA also is proposing to amend Rule 6282(j)(2) relating to the
ADF to conform to Rule 6380B(f)(2) relating to the FINRA/NYSE TRF.
Among other changes, the proposed amendments to Rule 6282(j)(2) will
provide that if a normal market hours trade is cancelled during market
hours on trade date, the cancellation must be reported within 90
seconds.\10\
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    \10\ FINRA recently filed a proposed rule change to reduce the
90-second reporting requirement to 30 seconds. See Securities
Exchange Act Release No. 60960 (November 6, 2009), 74 FR 59272
(November 17, 2009) (notice of filing of SR-FINRA-2009-061). The
proposed 30-second reporting requirement also would apply to trade
cancellations. Depending on the timing of Commission approval of
these filings, FINRA will file an amendment or separate filing, as
necessary, to make conforming changes.
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    FINRA believes that the proposed rule change will promote more
consistent trade reporting by members by conforming the reporting
requirements applicable to trade cancellations across FINRA Facilities.
Additionally, the proposed rule change will enhance market transparency
by eliminating systematically imposed delays in the reporting of trade
cancellations to the FINRA/Nasdaq TRF and ORF.\11\
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    \11\ FINRA notes that where a proposed rule change strictly
proposes to make conforming changes to the rules applicable to one
FINRA Facility that are identical to existing rules applicable to
one or more other FINRA Facilities, FINRA typically would file such
proposed rule change for immediate effectiveness under Section
(b)(3)(A) of the Act. However, because the conforming changes
proposed herein for the FINRA/Nasdaq TRF and ORF will impact the
high/low/last calculations, FINRA is filing under Section (b)(2) of
the Act to provide members and other interested parties an
opportunity to comment.
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    FINRA will announce the effective date of the proposed rule change
in a Regulatory Notice. FINRA is proposing that the implementation date
will be between 45 and 90 days following the date of Commission
approval.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\12\ which requires, among
other things, that FINRA rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change will
enhance market transparency and promote more consistent trade reporting
by members.
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    \12\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory

organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2009-082 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2009-082. 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 such filing also will be available for
inspection and copying at the principal office of FINRA. 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 publicly available. All
submissions should refer to File Number SR-FINRA-2009-082 and should be
submitted on or before December 31, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-29390 Filed 12-9-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Proposed Rules]
[Pages 45707-45709]
[FR Doc No: 2022-16275]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0984; Project Identifier MCAI-2022-00236-T]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Embraer S.A. Model EMB-545 airplanes. This proposed AD was
prompted by an error that was detected in the airplane takeoff
configuration warning logic. The error prevents the system from
sounding an aural alert ``No Takeoff Trim'' for the flightcrew. This
proposed AD would require installation of a new software version of
engine indication and crew alert system (EICAS), as specified in an
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which
is proposed for incorporation by reference. The FAA is proposing this
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
12, 2022.

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 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 material that will be incorporated by reference (IBR) in this
AD, contact National Civil Aviation Agency (ANAC), Aeronautical
Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho,
230--Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email [email protected];
internet www.anac.gov.br/en/. You may find this material on the ANAC
website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You
may find this material on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You may view this
material at the FAA, Airworthiness Products Section, Operational Safety
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available in the AD docket at www.regulations.gov by searching for and
locating Docket No. FAA-2022-0984.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov by searching
for and locating Docket No. FAA-2022-0984; or in person at Docket
Operations between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this NPRM, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Ho-Joon Lim, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0984; Project Identifier
MCAI-2022-00236-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
www.regulations.gov, including any personal information you provide.
The agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Ho-
Joon Lim, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone<PHONE_NUMBER>; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

    ANAC, which is the aviation authority for Brazil, has issued AD
2022-02-02, effective February 23, 2022 (ANAC AD 2022-02-02) (also
referred to as the MCAI), to correct an unsafe condition for certain
Embraer S.A. Model EMB-545 airplanes.
    This proposed AD was prompted by an error that was detected in the
airplane takeoff configuration warning logic. The error prevents the
system from sounding an aural alert ``No Takeoff Trim'' for the
flightcrew, if the pitch trim is in a position that would not allow a
safe takeoff (positioned out of the green band indication). The FAA is
proposing this AD to address the lack of the aural alert ``No Takeoff
Trim'' to the flightcrew on a possibly misconfigured airplane, which
could result in loss of airplane controllability. See the MCAI for
additional background information.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2022-02-02 specifies procedures for installation of a new
software version of EICAS.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in ANAC AD 2022-02-02 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate ANAC AD 2022-02-02 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
ANAC AD 2022-02-02 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Service information required by ANAC AD 2022-02-02
for compliance will be available at www.regulations.gov by searching
for and locating Docket No. FAA-2022-0984 after the FAA final rule is
published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 41 airplanes
of U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3.5 work-hours x $85 per hour = $297.50......................             (*)          $297.50       $12,197.50
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
  proposed AD.

    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the 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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

Embraer S.A.: Docket No. FAA-2022-0984; Project Identifier MCAI-
2022-00236-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 12, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model EMB-545 airplanes,
certificated in any category, as identified in Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD 2022-02-02,
effective February 23, 2022 (ANAC AD 2022-02-02).

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Unsafe Condition

    This AD was prompted by an error that was detected in the
airplane takeoff configuration warning logic. The error prevents the
system from sounding an aural

alert ``No Takeoff Trim'' for the flightcrew, if the pitch trim is
in a position that would not allow a safe takeoff (positioned out of
the green band indication). The FAA is issuing this AD to address
the lack of sound aural alert ``No Takeoff Trim'' to the flightcrew
on a possibly misconfigured airplane, which could result in loss of
airplane controllability.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, ANAC AD 2022-02-02.

(h) Exceptions to ANAC AD 2022-02-02

    (1) Where ANAC AD 2022-02-02 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Alternative methods of compliance (AMOC)'' section of
ANAC AD 2022-02-02 does not apply to this AD.
    (3) Where paragraph (b) of ANAC AD 2022-02-02 specifies
acceptable higher software versions, replace ``For higher software
versions, use the applicable Service Bulletin recommended by the
Manufacturer'' with ``For higher software versions, use the
applicable Service Bulletin approved by ANAC and recommended by the
Manufacturer.''

(i) No Reporting Required

    Although the service information referenced in ANAC AD 2022-02-
02 specifies to submit certain information to the manufacturer, this
AD does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, 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 responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k)(2) of
this AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or ANAC; or ANAC's
authorized Designee. If approved by the ANAC Designee, the approval
must include the Designee's authorized signature.

(k) Related Information

    (1) For ANAC AD 2022-02-02, contact National Civil Aviation
Agency (ANAC), Aeronautical Products Certification Branch (GGCP),
Rua Dr. Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--
Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-
190--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55
(12) 3203-6600; email [email protected]; internet www.anac.gov.br/en/.
You may find this IBR material on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE. You may view this material
at the FAA, Airworthiness Products Section, Operational Safety
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. This
material may be found in the AD docket at www.regulations.gov by
searching for and locating Docket No. FAA-2022-0984.
    (2) For more information about this AD, contact Ho-Joon Lim,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

    Issued on July 26, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.

[FR Doc. 2022-16275 Filed 7-28-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71727-71731]
[FR Doc No: 2022-25473]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96342; File No. SR-MIAX-2022-41]

Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Exchange Rule 404, Series of Option
Contracts Open for Trading and the Short Term Option Series Program

November 17, 2022.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on November 16, 2022, Miami International
Securities Exchange, LLC (``MIAX Options'' or the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') a proposed
rule change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 404,
Series of Option Contracts Open for Trading.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/ at MIAX Options'
principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Exchange Rule 404, Series of Option
Contracts Open for Trading. Specifically, the Exchange proposes to
amend Interpretations and Polices .02 of Rule 404 to (i) limit the
number of Short Term Option Expiration Dates for options on SPDR S&P
500 ETF Trust (SPY), the INVESCO QQQ Trust\SM\, Series 1(QQQ), and
iShares Russell 2000 ETF (IWM) from five to two expirations for Monday
and Wednesday expirations; and (ii) expand the Short Term Option Series
program to permit the listing and trading of options series with
Tuesday and Thursday expirations for options on SPY and QQQ listed
pursuant to the Short Term Option Series Program, subject to the same
proposed limitation of two expirations.
    The Exchange also proposes to amend the definition of a Short Term
Option Series contained in Exchange Rule 100.
Curtail Short Term Option Expiration Dates
    Currently, after an option class has been approved for listing and
trading on the Exchange, the Exchange may open for trading on any
Thursday or Friday that is a business day (``Short Term Option Opening
Date'') series of options on that class that expire at the close of
business on each of the next five Fridays that are business days and
are not Fridays in which monthly options series or Quarterly Options
Series expire (``Short Term Option Expiration Dates''). The Exchange
may have no more than a total of five Short Term Option Expiration
Dates not including any Monday or Wednesday SPY, QQQ, and IWM
Expirations. Further, if the Exchange is not open for business on the
respective Thursday or Friday, the Short Term Option Opening Date will
be the first business day immediately prior to that respective Thursday
or Friday. Similarly, if the Exchange is not open for business on a
Friday, the Short Term Option Expiration Date will be the first
business day immediately prior to that Friday.
    Today, with respect to Wednesday SPY, QQQ, and IWM Expirations, the
Exchange may open for trading on any Tuesday or Wednesday that is a
business day series of options on SPY, QQQ, and IWM to expire on any
Wednesday of the month that is a business day and is not a Wednesday in
which Quarterly Options Series expire (``Wednesday SPY Expirations,''
``Wednesday QQQ Expirations,'' and ``Wednesday IWM Expirations''). With
respect to Monday SPY, QQQ, and IWM Expirations, the Exchange may open
for trading on any Friday or Monday that is a business day series of
options on SPY, QQQ, or IWM to expire on any Monday of the month that
is a business day and is not a Monday in which Quarterly Options Series
expire (``Monday SPY Expirations,'' ``Monday QQQ Expirations,'' and
``Monday IWM Expirations''), provided that Monday SPY Expirations,
Monday QQQ Expirations, and Monday IWM Expirations that are listed on a
Friday must be listed at least one business week and one business day
prior to the expiration. The Exchange may list up to five consecutive
Wednesday SPY Expirations, Wednesday QQQ Expirations, and Wednesday IWM
Expirations and five consecutive Monday SPY Expirations, Monday QQQ
Expirations, and Monday IWM Expirations at one time; the Exchange may
have no more than a total of five each of Wednesday SPY Expirations,
Wednesday QQQ Expirations, and Wednesday IWM Expirations and a total of
five each of Monday SPY Expirations, Monday QQQ Expirations, and Monday
IWM Expirations. Monday and Wednesday SPY Expirations, Monday and
Wednesday QQQ Expirations, and Monday and Wednesday IWM Expirations
will be subject to the provisions of Interpretations and Policies .02
of Exchange Rule 404.
Proposal
    At this time, the Exchange proposes to curtail the number of Short
Term Option Expiration Dates from five to two \3\ for SPY, QQQ, and IWM
for Monday and Wednesday Expirations, as well as the proposed Tuesday
and Thursday Expirations in SPY and QQQ (``Short Term Option Daily
Expirations'').
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    \3\ The Exchange proposes to list the two front months for Short
Term Option Daily Expirations.
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    The Exchange proposes to create a new category of Short Term Option
Expiration Dates called ``Short Term Option Daily Expirations'' which
will only permit two Short Term Option Expiration Dates for each of
Monday, Tuesday, Wednesday, and Thursday expirations at one time. The
Exchange proposes to include a table, labeled ``Table 1,'' within
Interpretations and Policies .02 of Rule 404, which specifies each
symbol that qualifies as a Short Term Option Daily Expiration. The
table would note the number of expirations for each symbol as well as
expiration days. The Exchange proposes to include

Monday and Wednesday expirations for SPY, QQQ, and IWM and Tuesday and
Thursday expirations for SPY and QQQ and list the number of expirations
as ``2'' for these symbols. The Exchange's proposal to permit Tuesday
and Thursday expirations for options on SPY and QQQ listed pursuant to
the Short Term Option Series Program is explained below in more detail.
In the event Short Term Option Daily Expirations expire on the same day
in the same class as a monthly options series or a Quarterly Options
Series the Exchange would skip that week's listing and instead list the
following week; the two weeks of Short Term Option Expiration Dates
would therefore not be consecutive. Specifically, the Exchange proposes
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to state within Policy .02 of Exchange Rule 404,

    In addition to the above, the Exchange may open for trading
series of options on the symbols provided in Table 1 below that
expire at the close of business on each of the next two Mondays,
Tuesdays, Wednesdays, and Thursdays, respectively, that are business
days and are not business days in which monthly options series or
Quarterly Options Series expire (``Short Term Option Daily
Expirations''). The Exchange may have no more than a total of two
Short Term Option Daily Expirations for each of Monday, Tuesday,
Wednesday, and Thursday expirations at one time. Short Term Option
Daily Expirations would be subject to this Policy .02

    SPY, QQQ, and IWM Friday expirations and other option symbols
expiring on a Friday that are not noted in Table 1 will continue to
have a total of five Short Term Option Expiration Dates provided those
Friday expirations are not Fridays in which monthly options series or
Quarterly Options Series expire (``Friday Short Term Option Expiration
Dates''). These expirations would be referred to as ``Short Term Option
Weekly Expirations'' to distinguish them from the proposed expirations
that would be subject to Short Term Option Daily Expirations. The
Exchange proposes to add rule text to Policy .02 of Exchange Rule 404,
which states that Monday Short Term Option Expiration Dates, Tuesday
Short Term Option Expiration Dates, Wednesday Short Term Option
Expiration Dates, and Thursday Short Term Option Expiration Dates,
together with Friday Short Term Option Expiration Dates, are
collectively ``Short Term Option Expiration Dates.'' \4\
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    \4\ Defining the term ``Short Term Option Expiration Dates''
will make clear that this term includes expiration dates for each
day Short Term Options are listed.
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Tuesday and Thursday Expirations
    At this time, the Exchange proposes to expand the Short Term Option
Series Program to permit the listing and trading of no more than a
total of two consecutive Tuesday and Thursday ``Tuesday Short Term
Option Daily Expirations'' and ``Thursday Short Term Option Daily
Expirations'' each for SPY and QQQ at one time. Tuesday and Thursday
Short Term Option Daily Expirations would be subject to Policy .02 of
Exchange Rule 404.
    A Short Term Option Series means a series in an option class that
is approved for listing and trading on the Exchange in which the series
is opened for trading on any Monday, Tuesday, Wednesday, Thursday, or
Friday, that is a business day and that expires on the Monday,
Wednesday, or Friday of the following business week that is a business
day, or, in the case of a series that is listed on a Friday and expires
on a Monday, is listed one business week and one business day prior to
that expiration. If a Tuesday, Wednesday, Thursday, or Friday, is not a
business day, the series may be opened (or shall expire) on the first
business day immediately prior to that Tuesday, Wednesday, Thursday, or
Friday. For a series listed pursuant to this section for Monday
expiration, if a Monday is not a business day, the series shall expire
on the first business day immediately following that Monday.
    The Exchange proposes to amend the definition of Short Term Option
Series in Exchange Rule 100 to accommodate the listing of options
series that expire on Tuesdays and Thursdays. Specifically, the
Exchange proposes to add Tuesday and Thursday to the permitted
expiration days, which currently include Monday, Wednesday, and Friday,
that it may open for trading.
    The Exchange also proposes corresponding changes within Policy .02
of Exchange Rule 404, which sets forth the requirements for SPY and QQQ
options that are listed pursuant to the Short Term Option Series
Program as Short Term Option Daily Expirations. Similar to Monday and
Wednesday SPY, QQQ, and IWM Short Term Option Daily Expirations within
Policy .02 of Exchange Rule 404, the Exchange proposes that it may open
for trading on any Monday or Tuesday that is a business day series of
options on the symbols provided in Table 1 that expire at the close of
business on each of the next two Tuesdays that are business days and
are not business days in which monthly options series or Quarterly
Options Series expire (``Tuesday Short Term Option Expiration Date'').
    Likewise, the Exchange proposes that it may open for trading on any
Wednesday or Thursday that is a business day series of options on
symbols provided in Table 1 that expire at the close of business on
each of the next two Thursdays that are business days and are not
business days in which monthly options series or Quarterly Options
Series expire (``Thursday Short Term Option Expiration Date'').
    In the event that options on SPY and QQQ expire on a Tuesday or
Thursday and that Tuesday or Thursday is the same day that a monthly
option series or Quarterly Options Series expires, the Exchange would
skip that week's listing and instead list the following week; the two
weeks would therefore not be consecutive. Today, Monday and Wednesday
Expirations in SPY, QQQ, and IWM skip the weekly listing in the event
the weekly listing expires on the same day in the same class as a
Quarterly Options Series. Currently, there is no rule text provision
that states that Monday and Wednesday Expirations in SPY, QQQ, and IWM
skip the weekly listing in the event the weekly listing expires on the
same day in the same class as a monthly option series. Practically
speaking, Monday and Wednesday Expirations in SPY, QQQ, and IWM would
not expire on the same day as a monthly expiration.
    The interval between strike prices for the proposed Tuesday and
Thursday SPY and QQQ Short Term Option Daily Expirations will be the
same as those for the current Short Term Option Series for Monday,
Wednesday, and Friday expirations applicable to the Short Term Option
Series Program.\5\ Specifically, the Tuesday and Thursday SPY and QQQ
Short Term Option Daily Expirations will have a $0.50 strike interval
minimum.\6\ As is the case with other equity options series listed
pursuant to the Short Term Option Series Program, the Tuesday and
Thursday SPY and QQQ Short Term Option Daily Expiration series will be
P.M.-settled.
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    \5\ See Interpretations and Policies .02(e) of Exchange Rule
404.
    \6\ See Interpretations and Policies .02(e) of Exchange Rule
404.
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    With respect to the Short Term Option Series Program, a Tuesday or
Thursday expiration series shall expire on the first business day
immediately prior to that Tuesday or Thursday, e.g., Monday or
Wednesday of that week, respectively, if the Tuesday or Thursday is not
a business day.\7\
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    \7\ See Interpretations and Policies .02 of Exchange Rule 404.
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    Currently, for each option class eligible for participation in the
Short

Term Option Series Program, the Exchange is limited to opening thirty
(30) series for each expiration date for the specific class.\8\ The
thirty (30) series restriction does not include series that are opened
by other securities exchanges under their respective weekly rules; the
Exchange may list these additional series that are listed by other
exchanges.\9\ This thirty (30) series restriction would apply to
Tuesday and Thursday SPY and QQQ Short Term Option Daily Expiration
series as well. In addition, the Exchange will be able to list series
that are listed by other exchanges, assuming they file similar rules
with the Commission to list SPY and QQQ options expiring on Tuesdays
and Thursdays with a limit of two Tuesday Short Term Daily Expirations
and two Thursday Short Term Daily Expirations.
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    \8\ See Interpretations and Policies .02(c) of Exchange Rule
404.
    \9\ See Interpretations and Policies .02(a) of Exchange Rule
404.
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    Finally, the Exchange is amending Policy .02(b) of Exchange Rule
404, to conform the rule text to the usage of the term ``Short Term
Option Daily Expirations.'' Today, with the exception of Monday and
Wednesday SPY Expirations, Monday and Wednesday QQQ Expirations, and
Monday and Wednesday IWM Expirations, no Short Term Option Series may
expire in the same week in which monthly option series on the same
class expire. With this proposal, Tuesday and Thursday SPY Expirations
and Tuesday and Thursday QQQ Expirations would be treated similarly to
existing Monday and Wednesday SPY, QQQ, and IWM Expirations. With
respect to monthly option series, Short Term Option Daily Expirations
will be permitted to expire in the same week in which monthly option
series on the same class expire. Not listing Short Term Option Daily
Expirations for one week every month because there was a monthly on
that same class on the Friday of that week would create investor
confusion.
    Further, as with Monday and Wednesday SPY, QQQ, and IWM
Expirations, the Exchange would not permit Tuesday and Thursday Short
Term Option Daily Expirations to expire on a business day in which
monthly options series or Quarterly Options Series expire.\10\
Therefore, all Short Term Option Daily Expirations would expire at the
close of business on each of the next two Mondays, Tuesdays,
Wednesdays, and Thursdays, respectively, that are business days and are
not business days in which monthly options series or Quarterly Options
Series expire. The Exchange believes that it is reasonable to not
permit two expirations on the same day in which a monthly options
series or a Quarterly Options Series would expire.
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    \10\ While the Exchange proposes to add rule text within Policy
.02 of Exchange Rule 404 with respect to Monday Expirations, Tuesday
Expirations, and Wednesday Expirations, stating that those
expirations would not expire on business days that are business days
in which monthly options series expire, practically speaking this
would not occur.
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    The Exchange does not believe that any market disruptions will be
encountered with the introduction of P.M.-settled Tuesday and Thursday
Short Term Option Daily Expirations. The Exchange has the necessary
capacity and surveillance programs in place to support and properly
monitor trading in the proposed Tuesday and Thursday Short Term Option
Daily Expirations. The Exchange currently trades P.M.-settled Short
Term Option Series that expire Monday and Wednesday for SPY, QQQ, and
IWM and has not experienced any market disruptions nor issues with
capacity. Today, the Exchange has surveillance programs in place to
support and properly monitor trading in Short Term Option Series that
expire Monday and Wednesday for SPY, QQQ, and IWM.
    The Exchange's proposal mirrors that of Nasdaq ISE, which was
recently approved by the Commission.\11\ In its proposal Nasdaq ISE
provides an analysis of the impact of the proposal which the Exchange
does not dispute.
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    \11\ See Securities Exchange Act Release No. 96281 (November 9,
2022), 87 FR 68769 (November 16, 2022) (SR-ISE-2022-18) (Order
Granting Approval of a Proposed Rule Change to Amend the Short Term
Option Series Program).
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Implementation
    Notwithstanding this implementation, Monday and Wednesday
Expirations in SPY, QQQ, and IWM that were listed prior to the date of
implementation will continue to be listed on the Exchange until those
options expire pursuant to current Short Term Option Series Rules
within Interpretations and Policies .02 of Exchange Rule 404.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \12\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \13\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
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    The proposal is consistent with the Act as this proposal reduces
the number of Short term Option Expirations to be listed on the
Exchange. This reduction would remove impediments to and perfect the
mechanism of a free and open market by encouraging Market Makers \14\
to continue to deploy capital more efficiently and improve displayed
market quality.\15\ Also, the Exchange's proposal curtails the number
of Monday, Tuesday, Wednesday, and Thursday expirations in SPY, QQQ,
and IWM without reducing the classes of options available for trading
on the Exchange. The Exchange believes that despite the proposed
curtailment of expirations, Members will continue to be able to expand
hedging tools and tailor their investment and hedging needs more
effectively in SPY, QQQ, and IWM.
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    \14\ The term ``Market Makers'' refers to ``Lead Market
Makers'', ``Primary Lead Market Makers'' and Registered Market
Makers'' collectively. See Exchange Rule 100.
    \15\ Today, Primary Lead Market Makers, Lead Market Makers, and
Registered Market Makers are required to quote a specified time in
the appointed classes. See Exchange Rule 603(e)(1)(i), 603(e)(2)(i),
and 603(e)(3)(i) respectively.
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    Similar to SPY, QQQ, and IWM Monday and Wednesday Expirations
(proposed to be SPY, QQQ, and IWM Monday and Wednesday Short Term Daily
Expirations), the introduction of SPY and QQQ Tuesday and Thursday
Short Term Daily Expirations is consistent with the Act as it will,
among other things, expand hedging tools available to market
participants and continue the reduction of the premium cost of buying
protection. The Exchange believes that SPY and QQQ Tuesday and Thursday
expirations (renamed SPY and QQQ Tuesday and Thursday Short Term Daily
Expirations) will allow market participants to purchase SPY and QQQ
options based on their timing as needed and allow them to tailor their
investment and hedging needs more effectively. Further, the proposal to
permit Tuesday and Thursday Short Term Daily Expirations for options on
SPY and QQQ listed pursuant to the Short Term Option Series Program,
subject to the proposed limitation of two expirations, would protect
investors and the public interest by providing the investing public and
other market participants more flexibility to closely tailor their
investment and hedging decisions in SPY and QQQ options, thus

allowing them to better manage their risk exposure.
    In particular, the Exchange believes the Short Term Option Series
Program has been successful to date and that Tuesday and Thursday SPY
and QQQ Short Term Daily Expirations should simply expand the ability
of investors to hedge risk against market movements stemming from
economic releases or market events that occur throughout the month in
the same way that the Short Term Option Series Program has expanded the
landscape of hedging. Similarly, the Exchange believes Tuesday and
Thursday SPY and QQQ Short Term Daily Expirations should create greater
trading and hedging opportunities and flexibility, and will provide
customers with the ability to tailor their investment objectives more
effectively. The Exchange currently lists Monday and Wednesday SPY,
QQQ, and IWM Expirations (renamed SPY, QQQ, and IWM Monday and
Wednesday Short Term Daily Expirations).\16\
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    \16\ See Interpretations and Policies .02 of Exchange Rule 404.
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    Today, with the exception of Monday and Wednesday SPY Expirations,
Monday and Wednesday QQQ Expirations, and Monday and Wednesday IWM
Expirations, no Short Term Option Series may expire in the same week in
which monthly option series on the same class expire. With this
proposal, Tuesday and Thursday SPY Expirations and Tuesday and Thursday
QQQ Expirations would be treated similarly to existing Monday and
Wednesday SPY, QQQ, and IWM Expirations. The Exchange believes that
permitting Short Term Option Daily Expirations to expire in the same
week that standard monthly options expire on Fridays is consistent with
the Act. Not listing Short Term Option Daily Expirations for one week
every month because there was a monthly on that same class on the
Friday of that week would create investor confusion.
    Further, as with Monday and Wednesday SPY, QQQ, and IWM
Expirations, the Exchange would not permit Tuesday and Thursday Short
Term Option Daily Expirations to expire on a business day in which
monthly options series or Quarterly Options Series expire. Therefore,
all Short Term Option Daily Expirations would expire at the close of
business on each of the next two Mondays, Tuesdays, Wednesdays, and
Thursdays, respectively, that are business days and are not business
days in which monthly options series or Quarterly Options Series
expire. The Exchange believes that it is consistent with the Act to not
permit two expirations on the same day in which a monthly options
series or a Quarterly Options Series would expire similar to Monday and
Wednesday SPY, QQQ, and IMW [sic] Expirations.
    There are no material differences in the treatment of Wednesday SPY
and QQQ expirations for Short Term Option Series as compared to the
proposed Tuesday and Thursday SPY and QQQ Short Term Daily Expirations.
Given the similarities between Wednesday SPY, QQQ, and IWM Expirations
and the proposed Tuesday and Thursday SPY and QQQ Short Term Daily
Expirations, the Exchange believes that applying the provisions in
Policy .02 of Exchange Rule 404 that currently apply to Wednesday SPY,
QQQ, and IWM Expirations to Tuesday and Thursday SPY and QQQ Short Term
Daily Expirations is justified.
    Finally, the Exchange represents that it has an adequate
surveillance program in place to detect manipulative trading in the
proposed Tuesday and Thursday SPY and QQQ Short Term Daily Expirations,
in the same way that it monitors trading in the current Short Term
Option Series and trading in Monday and Wednesday SPY, QQQ, and IWM
Expirations. The Exchange also represents that it has the necessary
systems capacity to support the new options series. Finally, the
Exchange does not believe that any market disruptions will be
encountered with the introduction of Tuesday and Thursday SPY and QQQ
Short Term Daily Expirations.

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.
    The proposal will provide an overall reduction in the number of
Short Term Option Expirations to be listed on the Exchange. The
Exchange believes this reduction will not impose an undue burden on
competition, rather, it should encourage Market Makers to continue to
deploy capital more efficiently and improve displayed market
quality.\17\ Also, the Exchange's proposal curtails the number of
weekly expirations in SPY, QQQ, and IWM without reducing the classes of
options available for trading on the Exchange. The Exchange believes
that despite the proposed curtailment of weekly expirations, Members
will continue to be able to expand hedging tools and tailor their
investment and hedging needs more effectively in SPY, QQQ, and IWM.
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    \17\ See supra note 15.
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    Similar to SPY, QQQ, and IWM Monday and Wednesday Expirations, the
introduction of SPY and QQQ Tuesday and Thursday Short Term Daily
Expirations does not impose an undue burden on competition. The
Exchange believes that it will, among other things, expand hedging
tools available to market participants and continue the reduction of
the premium cost of buying protection. The Exchange believes that SPY
and QQQ Tuesday and Thursday Short Term Daily Expirations will allow
market participants to purchase SPY and QQQ options based on their
timing as needed and allow them to tailor their investment and hedging
needs more effectively.
    The Exchange does not believe the proposal will impose any burden
on inter-market competition, as nothing prevents the other options
exchanges from proposing similar rules to list and trade Short Term
Option Series with Tuesday and Thursday Short Term Daily Expirations.
The Exchange notes that having Tuesday and Thursday SPY and QQQ
expirations is not a novel proposal, as Wednesday SPY, QQQ, and IWM
Expirations are currently listed on the Exchange.\18\
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    \18\ See Interpretations and Policies .02 of Exchange Rule 404.
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    Further, the Exchange does not believe the proposal will impose any
burden on intra-market competition, as all market participants will be
treated in the same manner under this proposal.

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

    Written comments were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \19\ and Rule 19b-4(f)(6) thereunder.\20\
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)(iii) of the Act \21\ and

subparagraph (f)(6) of Rule 19b-4 thereunder.\22\
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    \19\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \22\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \23\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \24\ 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. The
Commission notes that it recently approved Nasdaq ISE's substantially
similar proposal.\25\ The Exchange has stated that waiver of the 30-day
operative delay will allow the Exchange to implement the proposal at
the same time as competitor exchanges. For these reasons, the
Commission believes that the proposed rule change presents no novel
issues and 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.\26\
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    \23\ 17 CFR 240.19b-4(f)(6).
    \24\ 17 CFR 240.19b-4(f)(6)(iii).
    \25\ See Securities Exchange Act Release No. 96281 (November 9,
2022), 87 FR 68769 (November 11, 2022) (SR-ISE-2022-18).
    \26\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule 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 protected]. Please include
File Number SR-MIAX-2022-41 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-MIAX-2022-41. 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 such 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-MIAX-2022-41 and should be submitted on
or before December 14, 2022.
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    \27\ 17 CFR 200.30-3(a)(12), (59).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-25473 Filed 11-22-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Rules and Regulations]
[Pages 22695-22697]
[FR Doc No: 2019-10310]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0953; Product Identifier 2018-SW-079-AD; Amendment
39-19636; AD 2019-09-02]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron, Inc. (Bell)
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2018-17-01 for
Bell Model 212, 412, 412CF, and 412EP helicopters. AD 2018-17-01
required replacing certain oil and fuel check valves and prohibited
installing these valves on any helicopter. This AD retains the
requirements of AD 2018-17-01 but expands those requirements for all
model helicopters. This AD was prompted by the discovery that we
omitted a helicopter model from one of the required actions. We are
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective June 4, 2019.
    We must receive any comments on this AD by July 5, 2019.

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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

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-2018-
0953; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any

comments received, and other information. The street address for Docket
Operations (phone:<PHONE_NUMBER>) is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jurgen E. Priester, Aviation Safety
Engineer, DSCO Branch, Compliance & Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued AD 2018-17-01 (83 FR 42205, August 21, 2018) (``AD 2018-
17-01''), for Bell Model 212, 412, 412CF, and 412EP helicopters with an
engine oil check valve part number (P/N) 209-062-520-001 or fuel check
valve P/N 209-062-607-001 manufactured by Circor Aerospace, marked
``Circle Seal'' and with a manufacturing date code of ``10/11''
(October 2011) through ``03/15'' (March 2015), except a check valve
marked ``TQL'' next to the manufacturing date code, installed. AD 2018-
17-01 resulted from a report that certain P/N 209-062-520-001 check
valves manufactured by Circor Aerospace as replacement parts have been
found cracked or leaking on several Bell Model 427 and Model 429
helicopters. At the time we issued AD 2018-17-01, we understood that
these check valves may also be installed as engine oil check valves on
Bell Model 212, 412CF and 412EP helicopters. Similar check valves, P/N
209-062-607-001, may be installed as fuel check valves on Bell Model
212, 412, 412CF, and 412EP helicopters. These check valves may have a
condition induced during assembly that can cause the valve body to
crack, resulting in oil or fuel leakage. This condition could result in
loss of lubrication or fuel to the engine, failure of the engine or a
fire, and subsequent loss of control of the helicopter. Consequently,
AD 2018-17-01 required replacing the engine oil check valves on Model
212, 412CF, and 412EP helicopters and replacing the fuel check valves
on Model 212, 412, 412CF, and 412EP helicopters. AD 2018-17-01 also
prohibited installing an affected check valve on any helicopter.

Ex Parte Contact

    On August 27, 2018, before the comment period for AD 2018-17-01
closed, we received a comment from the Japan Civil Aviation Bureau
(JCAB). We responded to the JCAB and briefly discussed AD 2018-17-01 by
email. The JRCB's comment during these discussions is addressed below.
A copy of each email contact can be found in the rulemaking docket for
AD 2018-17-01 at http://www.regulations.gov in Docket No. FAA-2018-
0738.

Comments

    We gave the public the opportunity to comment on AD 2018-17-01
after it became effective. We received comments from one commenter.
    The JCAB requested that we clarify why the requirement in AD 2018-
17-01 to replace the engine oil check valves does not apply to Model
412 helicopters, when the Bell service information requires replacing
the engine oil check valve in that model.
    The omission of Model 412 helicopters from the requirement to
replace the engine oil check valve was an error. We are issuing this AD
to correct that error and to require replacing the engine oil check
valve in all applicable model helicopters.

Related Service Information

    We reviewed Bell Alert Service Bulletin (ASB) 212-15-153, Revision
A, dated October 6, 2017 (212-15-153), and Bell ASB 212-15-155,
Revision A, dated October 6, 2017 (212-15-155), for Model 212
helicopters; Bell ASB 412-15-165, Revision A, dated October 6, 2017
(412-15-165), and Bell ASB 412-15-168, Revision A, dated October 6,
2017 (ASB 412-15-168), for Model 412 and 412 EP helicopters; and Bell
ASB 412CF-15-57, Revision A, dated October 6, 2017 (412CF-15-57), and
Bell ASB 412CF-15-59, Revision A, dated October 6, 2017 (412CF-15-59),
for Model 412CF helicopters. ASB 212-15-153, ASB 412-15-165, and ASB
412CF-15-57 contain procedures for inspecting and replacing engine oil
check valve P/N 209-062-520-001. ASB 212-15-155, ASB 412-15-168, and
ASB 412CF-15-59 contain procedures for inspecting and replacing fuel
check valve P/N 209-062-607-001. Revision A of the service information
clarifies that check valves identified with ``TQL'' are not affected by
the ASB procedures.

FAA's Determination

    We are issuing 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 these same type
designs.

AD Requirements

    This AD requires within 25 hours time-in-service (TIS), replacing
each fuel check valve and each engine oil check valve. This AD also
prohibits installing on any helicopter a check valve P/N 209-062-520-
001 or P/N 209-062-607-001 manufactured by Circor Aerospace, marked
``Circle Seal'' and with a manufacturing date code of ``10/11''
(October 2011) through ``03/15'' (March 2015), except for a check valve
marked ``TQL'' next to the manufacturing date code.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because we believe action is needed within 25 hours TIS, a short
interval for helicopters used in firefighting and logging operations.
Therefore, we find good cause that notice and opportunity for prior
public comment are impracticable. In addition, for the reasons stated
above, we find that good cause exists for making this amendment
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this final
rule. Send your comments to an address listed under the ADDRESSES
section. Include the docket number FAA-2018-0953 and product identifier
2018-SW-079-AD at the beginning of your comments. We specifically
invite comments on the overall regulatory, economic, environmental, and
energy aspects of this final rule. We will consider all comments
received by the closing date and may amend this final rule 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 final rule.

Costs of Compliance

    We estimate that this AD affects 186 (93 Model 212 and 93 Model
412) helicopters of U.S. Registry. We estimate that operators will
incur the following costs to comply with this AD:
    At an average labor rate of $85 per work-hour, replacing one check
valve (engine oil or fuel) will require about 1 work-hour and a parts
cost of $85. For replacing four valves (two engine oil valves and two
fuel valves), we estimate

a total cost of $680 per helicopter and $126,480 for the U.S. fleet.
    According to Bell's service information 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 by Bell.
Accordingly, 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

    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 part 39 of the Federal Aviation
Regulations (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)
2018-17-01, Amendment 39-19355 (83 FR 42205) and adding the following
new AD:

2019-09-02 Bell Helicopter Textron, Inc. (Bell): Amendment 39-19636;
Docket No. FAA-2018-0953; Product Identifier 2018-SW-079-AD.

(a) Effective Date

    This AD is effective June 4, 2019.

(b) Affected ADs

    This AD replaces AD 2018-17-01, Amendment 39-19355 (83 FR 42205,
August 21, 2018).

(c) Applicability

    This AD applies to Bell Model 212, 412, 412CF, and 412EP
helicopters, certificated in any category, with an engine oil check
valve part number (P/N) 209-062-520-001 or fuel check valve P/N 209-
062-607-001 manufactured by Circor Aerospace, marked ``Circle Seal''
and with a manufacturing date code of ``10/11'' (October 2011)
through ``03/15'' (March 2015), except a check valve marked ``TQL''
next to the manufacturing date code, installed.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Codes: 7900 Engine Oil System and 2800 Aircraft
Fuel System.

(e) Unsafe Condition

    This AD defines the unsafe condition as a cracked or leaking
check valve, which could result in loss of lubrication or fuel to
the engine, failure of the engine or a fire, and subsequent loss of
control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Within 25 hours time-in-service, replace each fuel check
valve and each engine oil check valve.
    (2) After the effective date of this AD, do not install on any
helicopter a check valve P/N 209-062-520-001 or P/N 209-062-607-001
manufactured by Circor Aerospace, marked ``Circle Seal'' and with a
manufacturing date code of ``10/11'' (October 2011) through ``03/
15'' (March 2015), except for a check valve marked ``TQL'' next to
the manufacturing date code.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, DSCO Branch, 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
certification office, send it to the attention of the person
identified in paragraph (i) of this AD.
    (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.

(i) Related Information

    For more information about this AD, contact Jurgen E. Priester,
Aviation Safety Engineer, DSCO Branch, Compliance & Airworthiness
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone
(817) 222-5159; email<EMAIL_ADDRESS>
    Issued in Fort Worth, Texas, on May 1, 2019.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2019-10310 Filed 5-17-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Notices]
[Page 37856]
[FR Doc No: 2019-16460]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-109-000]

Portland General Electric Company; Notice of Filing

    Take notice that on July 25, 2019, Portland General Electric
Company submitted a response (Supplemental Rate Analysis) to the March
15, 2018 Show Cause Order.\1\
---------------------------------------------------------------------------

    \1\ Alcoa Power Generation, Inc.--Long Sault Division, et al.,
162 FERC ] 61,224 (2018) (Show Cause Order).
---------------------------------------------------------------------------

    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.
Anyone filing a motion to intervene or protest must serve a copy of
that document on 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
website 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
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on August 15, 2019.

    Dated: July 26, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-16460 Filed 8-1-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Notices]
[Pages 6856-6857]
[FR Doc No: 2022-02503]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2790-074]

Boott Hydropower, LLC; Notice Soliciting Scoping Comments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2790-074.
    c. Date Filed: April 30, 2021.
    d. Applicant: Boott Hydropower, LLC (Boott).
    e. Name of Project: Lowell Hydroelectric Project (project).
    f. Location: On the Merrimack River, in Middlesex County,
Massachusetts and Hillsborough County, New Hampshire. The project does
not occupy federal land.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Kevin Webb, Licensing Manager, Boott
Hydropower, LLC, 670 N Commercial Street, Suite 204, Manchester, NH
03101; Telephone<PHONE_NUMBER>; or email at
[email protected].
    i. FERC Contact: Amy Chang at<PHONE_NUMBER>, or
[email protected].
    j. Deadline for filing scoping comments: March 3, 2022.
    The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. All filings must clearly identify the project name and
docket number on the first page: Lowell Hydroelectric Project (P-2790-
074).
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. The application is not ready for environmental analysis at this
time.
    l. The existing project consists of: (1) The 1,093-foot-long, 15-
foot-high Pawtucket Dam; (2) a 720-acre impoundment with a normal
maximum water surface elevation of 92.2 feet National Geodetic Vertical
Datum of 1929 (NGVD); (3) the 5.5-mile-long Northern and Pawtucket
Canal System that includes several small dams and gatehouses; (4)
generating facilities, including: (a) One powerhouse facility located
on the mainstem of the Merrimack River (E.L. Field Powerhouse), with a
total authorized installed capacity of 15.012 MW and a 440-foot-long
tailrace to the Merrimack River; and (b) four power stations located
along the canal system (Hamilton Power Station, Assets Power Station,
Bridge Street Power Station, and John Street Power Station), with a
total combined authorized capacity of 5.152 MW; (5) an approximately 2-
mile-long, 13.8-kilovolt submarine transmission line that connects the
project generating facilities to the regional electric grid; (6)
upstream and downstream fish passage facilities; (7) a visitor center;
and (8) appurtenant facilities.
    The project bypasses approximately two miles of the Merrimack
River, including a 0.7-mile-long bypassed reach from the Pawtucket Dam
to the E.L. Field Powerhouse tailrace and an approximately 1.3-mile-
long bypassed reach from the E.L. Field Powerhouse tailrace to the
confluence of the Merrimack and Concord Rivers.
    The current license requires Boott to release an instantaneous
minimum flow of 1,990 cfs or inflow, whichever is less, downstream of
the project. Boott provides the minimum flow through spillage over the
Pawtucket Dam, discharge from the project turbines, and the fish
passage facilities.
    In the relicense application, Boott proposes to decommission the
four power stations located along the Lowell downtown canal system
(Hamilton Power Station, Assets Power Station, Bridge Street Power
Station, and John Street Power Station). In addition, Boott proposes to
remove the canal system from the project boundary, except for a 2,200-
foot-long section of the Northern Canal; and a 1,600-foot-long portion
of the Pawtucket Canal.
    Boott proposes to continue to operate the project in run-of-river
mode using an automatic pond level control system. Boott proposes to
provide a minimum flow of 500 cfs to the bypassed reach via the
Pawtucket Dam fish ladder during the fish passage season (typically May
1-July 15), and 100 cfs outside of the fish passage season. Boott also
proposes to replace the existing fish lift at the E.L. Field Powerhouse
with a fish ladder to pass migratory fish from the E.L. Field
Powerhouse tailrace to the bypassed reach, which would provide fish
with access to the existing fish ladder in the bypassed reach that is
used to pass fish over the Pawtucket Dam. Boott proposes to continue to
operate the gates at the Guard Lock and Gates facility to provide flows
to the Lowell downtown canal system. Boott proposes to continue to
maintain canal structures and facilities, canal water levels, and flows
in line with current agreements with NPS and other stakeholders.
Finally, Boot proposes to develop several plans, including a fishway
operation and management plan, a gaging plan, a recreation access and
facilities management plan, a historic properties management plan, and
a decommissioning plan for each of the four downtown power stations.
    m. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents via the internet through
the Commission's Home Page (http://www.ferc.gov) using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC at [email protected] or call toll-free,<PHONE_NUMBER> or
TYY,<PHONE_NUMBER>.
    n. You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or

other pending projects. For assistance, contact FERC Online Support.
    o. Scoping Process.
    Commission staff will prepare either an environmental assessment
(EA) or an Environmental Impact Statement (EIS) that describes and
evaluates the probable effects, if any, of the licensee's proposed
action and alternatives. The EA or EIS will consider environmental
impacts and reasonable alternatives to the proposed action. The
Commission's scoping process will help determine the required level of
analysis and satisfy the NEPA scoping requirements, irrespective of
whether the Commission prepares an EA or an EIS. At this time, we do
not anticipate holding on-site scoping meetings. Instead, we are
soliciting written comments and suggestions on our updated list of
issues and alternatives to be addressed in the NEPA document, as
described in scoping document 3 (SD3), issued February 1, 2022.
    Copies of the SD3 outlining the subject areas to be addressed in
the NEPA document were distributed to the parties on the Commission's
mailing list and the applicant's distribution list. Copies of SD3 may
be viewed on the web at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, call 1-866-
208-3676 or for TTY,<PHONE_NUMBER>.

    Dated: February 1, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-02503 Filed 2-4-22; 8:45 am]
BILLING CODE 6717-01-P