[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Proposed Rules]
[Page 23193]
[FR Doc No: 2012-8948]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0180; FRL-9652-3]

Revisions to the California State Implementation Plan, Yolo-
Solano Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Yolo-Solano Air
Quality Management District portion of the California State
Implementation Plan (SIP). These revisions concern particulate matter
(PM) emissions from any source that emits visible air contaminants. We
are proposing to approve and rescind local rules to regulate these
emission sources under the Clean Air Act as amended in 1990 (CAA or the
Act).

DATES: Any comments on this proposal must arrive by May 18, 2012.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012-0180, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the following local
rules: Rule 2.3, Ringelmann Chart; 2.4, Exceptions (rescinded); Rule
2.7, Wet Plumes (rescinded); Rule 2.11, Particulate Matter
Concentrations; and Rule 2.12, Specific Contaminants. In the Rules and
Regulations section of this Federal Register, we are approving these
local rules in a direct final action without prior proposal because we
believe these SIP revisions are not controversial. If we receive
adverse comments, however, we will publish a timely withdrawal of the
direct final rule and address the comments in subsequent action based
on this proposed rule. Please note that if we receive adverse comment
on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: March 8, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2012-8948 Filed 4-17-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Rules and Regulations]
[Pages 13383-13387]
[FR Doc No: 2018-06092]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0288; Product Identifier 2017-CE-007-AD; Amendment
39-19231; AD 2018-06-11]
RIN 2120-AA64

Airworthiness Directives; Textron Aviation Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Textron Aviation Inc. Models A36TC, B36TC, S35, V35, V35A, and V35B
airplanes. This AD was prompted by a fatal accident where the exhaust
tailpipe fell off during takeoff. This AD adds a life limit to the
exhaust tailpipe v-band coupling (clamp) that attaches the exhaust
tailpipe to the turbocharger and requires an annual visual inspection
of the exhaust tailpipe v-band coupling (clamp). We are issuing this AD
to address the unsafe condition on these products.

DATES: This AD is effective May 3, 2018.

ADDRESSES:

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0288; 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 address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Thomas Teplik, Aerospace Engineer,
Wichita ACO Branch, FAA, 1801 Airport Road, Room 100, Wichita, Kansas
67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 by adding an AD that would apply to certain
Textron Aviation Inc. Models A36TC, B36TC, S35, V35, V35A, and V35B
airplanes. The SNPRM published in the Federal Register on November 8,
2017 (82 FR 51782).
    We preceded the SNPRM with a notice of proposed rulemaking (NPRM)
that published in the Federal Register on April 12, 2017 (82 FR 17594).
The NPRM proposed to add a life limit to the exhaust tailpipe v-band
coupling (clamp) and, if the coupling is removed for any reason before
the life limit is reached, require an inspection of the v-band coupling
before reinstalling. The NPRM was prompted by a fatal accident where
the exhaust tailpipe fell off during takeoff.
    The SNPRM proposed to add to the applicability of the AD, add a
life limit to the exhaust tailpipe v-band coupling (clamp) that
attaches the exhaust tailpipe to the turbocharger, and require an
annual visual inspection of the exhaust tailpipe v-band coupling
(clamp). We are issuing this AD to address the unsafe condition on
these products.

Comments

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

Support of the AD Action

    Michelle Prengle agrees with the AD action. She states, ``I am the
daughter of the pilot from which this AD is prompted. My brothers and I
lost our father and stepmother in this accident. I want people to know
that my father loved to fly and believed that flying was the safest
form of transportation. I wish that this AD be implemented to honor
what my father truly believed, that flying is the safest form of
transportation. I believe it will provide one more measure that will
save lives in the future.''

Request the Removal of Multi-Segment Couplings From All Airplanes

    Paul Gryko recommended removal of multi-segment couplings from all
airplanes and replace with one-piece couplings. The commenter discussed
other airplane models that have the multi-segment coupling installed
and other AD actions affecting exhaust tailpipe v-band couplings. The
commenter discussed that multi-segment couplings may have different
part numbers on different airplanes with different torque values.
Having one one-piece coupling with the same torque value for use on all
airplanes would benefit the industry. The commenter discussed the
possibility of expanding the scope of this AD or issuing a different AD
action.
    We do not agree with this comment. The FAA has determined that an
unsafe condition exists on certain Models A36TC, B36TC, S35, V35, V35A,
and V35B airplanes. This AD addresses the unsafe condition on those
specific airplanes. Including the actions of this AD on other airplane
models that may have the affected exhaust tailpipe v-band coupling
installed goes beyond the scope of this AD. However, the FAA is looking
at the possibility of this unsafe condition affecting other airplanes.
    We have not changed this AD based on this comment.

Request To Expand the Scope of the AD to All Airplanes Equipped With
Continental TSIO-520 Engines

    Dustin Todd requested we expand the AD to all Textron airplanes
equipped with TSIO-520 engines and to require inspection of all areas
of the turbocharger exhaust pipe. During a 50-hour oil change, he found
a crack in the turbocharger exhaust pipe. The crack appeared to have
originated beneath the coupling. Removal of the coupling is not
required during 100-hour or annual inspections, so the crack could go
undetected for hours or years.
    We disagree with this comment. The FAA has determined that an
unsafe condition exists on certain Models A36TC, B36TC, S35, V35, V35A,
and V35B airplanes. This AD requires a life limit replacement and
inspection of the exhaust tailpipe v-band couplings as installed on
those affected airplanes. To include all Textron airplanes equipped
with Continental TSIO-520 engines and to require inspection of all
areas of the turbocharger exhaust pipe would be beyond the scope of
this AD. However, the FAA is looking at the possibility of this unsafe
condition affecting other airplanes.
    We have not changed this AD based on this comment.

Request To Withdraw the SNPRM or To Increase the Life Limit of the
Couplings

    David Cort commented the proposed AD is an overreaction to address
one airplane affected out of 731 airplanes. The commenter believes over
torqueing and the additional stress of heat expansion on the coupling
caused the fatigue cracks. The commenter also noted the difficulty in
accessing the coupling and applying the correct amount of torque. The
commenter believes removing and reinstalling couplings by inexperienced
mechanics could add to the problem. We infer the commenter wants the
SNPRM withdrawn. If the FAA proceeds with the AD action, the commenter
believes the compliance time should be no less than 1,000 hours time-
in-service (TIS).
    We disagree with this comment. The FAA has determined that an
unsafe condition exists on certain Models A36TC, B36TC, S35, V35, V35A,
and V35B airplanes. This AD describes procedures for the correct amount
of torque and the actions required by this AD must be done by an
appropriately certified mechanic. The accident/incident failure data
and existing AD actions demonstrate that a 500-hour life limit is
appropriate for this type of multi-segment coupling.
    We have not changed this AD based on this comment.

Request To Withdraw the SNPRM

    Textron Aviation, Inc. requested we withdraw the SNPRM. The
commenter stated there are no unique aspects to the engine installation
on the affected airplanes or the v-band coupling installation that
would justify a need for an AD specific to the affected airplanes. The
commenter states an appliance specific AD would be a more appropriate
approach to addressing the unsafe condition identified by the FAA for
all airplanes.
    We disagree with this comment. The FAA has determined an unsafe
condition exists on the specific airplanes affected by this AD. This AD
will address the unsafe condition on the specific airplanes this AD
affects. However, the FAA is looking at the possibility of this unsafe
condition affecting other airplanes.
    We have not changed this AD based on this comment.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule as proposed except for minor editorial changes. We have
determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in
the SNPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Costs of Compliance

    We estimate that this AD affects 731 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
              Action                    Labor cost              Parts cost            product        operators
----------------------------------------------------------------------------------------------------------------
Visual inspection of the exhaust   .5 work-hour x $85    Not applicable.........          $42.50      $31,067.50
 tailpipe v-band coupling           per hour = $42.50.
 (Installed).
Replacement of the exhaust         2 work-hours x 85     300....................             470         343,570
 tailpipe v-band coupling.          per hour = 170.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary inspection that
would require removal and reinstallation of the exhaust tailpipe v-band
coupling. We have no way of determining the number of airplanes that
might need this inspection:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                 Action                          Labor cost                  Parts cost               product
----------------------------------------------------------------------------------------------------------------
Inspection of the exhaust tailpipe v-    1.5 work-hours x $85 per   Not applicable..............         $127.50
 band coupling (Not installed, includes   hour = $127.50.
 removal and reinstallation).
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs for the installation of part number
N1000897-40 exhaust tailpipe v-band coupling on Models S35, V35, V35A,
and V35B airplanes equipped with the Continental TSIO-520-D engine with
AiResearch turbocharger during manufacture. We have no way of
determining the number of airplanes that may do this installation:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Installation of part number N1000897-40         2 work-hours x $85 per hour =               $632            $802
 exhaust tailpipe v-band coupling.               $170.
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.

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 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):

2018-06-11 Textron Aviation Inc.: Amendment 39-19231; Docket No.
FAA-2017-0288; Product Identifier 2017-CE-007-AD.

(a) Effective Date

    This AD is effective May 3, 2018.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to the following Textron Aviation Inc.
airplanes; all serial numbers, that are certificated in any
category:
    (i) Models A36TC and B36TC airplanes equipped with a
turbocharged engine.
    (ii) Models S35, V35, V35A, and V35B airplanes equipped with the
Continental TSIO-520-D engine with AiResearch turbocharger during
manufacture; and
    (iii) Models S35, V35, V35A, and V35B airplanes equipped with
StandardAero Supplemental Type Certificate (STC) SA1035WE.
    (2) If the one-piece v-band coupling (clamp), part number (P/N)
NH1000897-40, is installed on Textron Aviation Inc. Models S35, V35,
V35A, and V35B airplanes equipped with the Continental TSIO-520-D
engine with AiResearch turbocharger during manufacture, this AD does
not apply to those airplanes.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 81, Turbocharging.

(e) Unsafe Condition

    This AD was prompted by a fatal accident where the exhaust
tailpipe fell off during takeoff. We are issuing this AD to prevent
failure of the exhaust tailpipe v-band coupling (clamp) that may
lead to detachment of the exhaust tailpipe from the turbocharger and
allow high-temperature exhaust gases to enter the engine
compartment, which could result in an inflight fire.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done. For the purposes of this AD, the exhaust
tailpipe v-band coupling may also be referred to as the exhaust
tailpipe v-band clamp.

(g) Review of the Maintenance Records

    Within 50 hours time-in-service (TIS) after May 3, 2018 (the
effective date of this AD), do a maintenance records review to
determine the hours TIS of the exhaust tailpipe v-band coupling. If
unable to determine the hours TIS of the exhaust tailpipe v-band
coupling, use the compliance time specified in paragraph (h)(2) of
this AD.

(h) Compliance Times for Repetitive Replacement of the V-Band Coupling

    Use the following compliance times in paragraph (h)(1) or (2) of
this AD for the repetitive replacement of the exhaust tailpipe v-
band coupling as specified in paragraph (i) of this AD.
    (1) If from a review of the maintenance records you can
positively identify that the hours TIS for the exhaust tailpipe v-
band coupling is less than 500 hours TIS: Do the initial replacement
within 500 hours TIS on the exhaust tailpipe v-band coupling or
within the next 50 hours TIS after May 3, 2018 (the effective date
of this AD), whichever occurs later, and replace repetitively
thereafter at intervals not to exceed 500 hours TIS on the exhaust
tailpipe v-band coupling.
    (2) If from a review of the maintenance records you can
positively identify that the hours TIS for the exhaust tailpipe v-
band coupling is 500 hours TIS or more or you cannot positively
identify the hours TIS for the exhaust tailpipe v-band coupling: Do
the initial replacement within 50 hours TIS after May 3, 2018 (the
effective date of this AD) and replace repetitively thereafter at
intervals not to exceed 500 hours TIS on the exhaust tailpipe v-band
coupling.

(i) Replacement of the Exhaust Tailpipe V-Band Coupling

    Replace the exhaust tailpipe v-band coupling for the airplanes
in paragraphs (i)(1) and (2) of this AD at the applicable compliance
time as specified in paragraph (h) of this AD.

    Note 1 to the introductory text of paragraph (i) of this AD:  We
recommend after installation of the exhaust tailpipe v-band
coupling, you do an engine run and recheck the torque of the v-band
coupling.

    (1) Models A36TC and B36TC airplanes: Replace the exhaust
tailpipe v-band coupling part number (P/N) N4211-375-M or P/N 5322C-
375-Z with a new exhaust tailpipe v-band coupling. When installing
the new part, tighten the v-band coupling to 40 in-lbs., tap the
periphery of the band to distribute tension, and torque again to 40
in-lbs.

    Note 2 to paragraph (i)(1) of this AD:  P/Ns N4211-375-M and P/N
5322C-375-Z are also known as P/N N4211-375M and P/N 5322C3752. The
engineering drawings list the applicable part number v-band
couplings as P/N N4211-375-M and P/N 5322C-375-Z; however, the parts
catalog lists the applicable v-band couplings as P/N N4211-375M and
P/N 5322C3752.

    (2) For Models S35, V35, V35A, and V35B airplanes, as specified
in paragraphs (i)(2)(i) and (ii) of this AD:

    (i) For airplanes equipped with the Continental TSIO-520-D
engine with AiResearch turbocharger during manufacture: Replace the
exhaust tailpipe v-band coupling P/N U4211-375-M or P/N 4404C375-M
with a new exhaust tailpipe v-band coupling. When installing a new
P/N U4211-375-M, tighten the v-band coupling to 60 in-lbs., tap the
periphery of the band to distribute tension, and torque again to 60
in-lbs. When installing a new P/N 4404C375-M, add 20 in-lbs after
the running torque is overcome. Replacement of exhaust tailpipe v-
band coupling P/N U4211-375-M or P/N 4404C375-M with the one-piece
v-band coupling, P/N NH1000897-40, terminates the requirements of
this AD.

    Note 3 to paragraph (i)(2)(i) and (ii) of this AD: P/Ns U4211-
375-M and 4404C375-M may also be known as P/Ns U4211-375M and
4404C375M or 4404C-375-M.

    (ii) For airplanes equipped with STC SA1035WE: Replace the
exhaust tailpipe v-band coupling P/N U4211-375-M with a new exhaust
tailpipe v-band coupling. When installing the new part, tighten the
v-band coupling to 60 in-lbs., tap the periphery of the band to
distribute tension, and torque again to 60 in-lbs.

(j) Repetitive Visual Inspection of the Installed Exhaust Tailpipe V-
Band Coupling

    (1) If you remove the exhaust tailpipe v-band coupling during
your annual inspection or within the compliance time specified in
paragraph (j)(2) of this AD, you may do the inspection specified in
paragraph (k) of this AD in lieu of the inspection required in
paragraph (j) of this AD. If you already have the v-band coupling
removed, doing the detailed inspection as specified in paragraph (k)
of this AD eliminates the possibility of having to remove and
reinstall the v-band coupling more than once if certain conditions
are found during the inspection required in paragraph (j) of this
AD.
    (2) At the next annual inspection after May 3, 2018 (the
effective date of this AD) or within the next 12 months after May 3,
2018 (the effective date of this AD), whichever occurs later, and
repetitively thereafter at intervals not to exceed 12 months, do a
visual inspection of the installed exhaust tailpipe v-band coupling.
Use the inspection steps listed in paragraphs (j)(2)(i) through
(vii) of this AD.
    (i) Inspect the coupling and area around the coupling for signs
of exhaust stains, sooting, or other evidence of exhaust leakage. If
any of those conditions are found, remove the coupling and go to the
inspection steps in paragraph (k) of this AD for inspection of a v-
band coupling that has been removed.
    (ii) Inspect the coupling outer band for cracks, paying
particular attention to the spot weld areas. If cracks are found,
before further flight, you must replace the v-band coupling with a
new v-band coupling and restart the hours TIS for the repetitive
replacement of the v-band coupling.
    (iii) Inspect the coupling for looseness or separation of the
outer band to the v-retainer segments(s) at all spot welds. If
looseness or separation of the outer band to any or multiple
retainer segments(s) is found, before further flight, you must
replace the v-band coupling with a new v-band coupling and restart
the hours TIS for the repetitive replacement of the v-band coupling.
    (iv) Inspect the coupling outer band for cupping, bowing, or
crowning. If any of these conditions are found, before further
flight, remove the coupling and go to the inspection steps in
paragraph (k) of this AD for inspection of a v-band coupling that
has been removed.
    (v) Inspect the area of the coupling, including the outer band,
opposite the t-bolt for damage or distortion. If any damage or
distortion is found, before further flight, you must replace the v-
band coupling with a new v-band coupling and restart the hours TIS
for the repetitive replacement of the v-band coupling.
    (vi) Using a mirror, verify there is a space between each v-
retainer coupling segment below the t-bolt. If there is no space
between each v-retainer coupling segment below the t-bolt, before
further flight, you must replace the v-band coupling with a new v-
band coupling and restart the hours TIS for the repetitive
replacement of the v-band coupling.
    (vii) Verify the v-band coupling nut is properly torqued as
specified in paragraphs (j)(2)(vii)(A) through (C) of this AD:
    (A) For P/N N4211-375-M or P/N 5322C-375-Z exhaust tailpipe v-
band coupling, torque to 40 in-lbs.
    (B) For P/N U4211-375-M exhaust tailpipe v-band coupling, torque
to 60 in-lbs.
    (C) For 4404C375-M exhaust tailpipe v-band coupling, verify the
nut is secure. If not secure, before further flight, loosen and
verify running torque and add 20 in-lbs to the running torque when
tightened.
    (3) These inspections do not terminate the 500-hour TIS
repetitive replacement of the v-band coupling and do not restart the
hours TIS for the repetitive replacement of the v-band coupling.

(k) Visual Inspection of a Removed Exhaust Tailpipe V-Band Coupling

    (1) If during the visual inspection required in paragraph (j) of
this AD you are required to remove of the exhaust tailpipe v-band
coupling to do a more detailed inspection, you must do the
inspection steps listed in paragraphs (k)(1) and (2) of this AD. If
you removed the exhaust tailpipe v-band coupling during the annual
inspection or within the compliance time specified in paragraph
(j)(2) of this AD, you may do the inspection specified in paragraph
(k) of this AD in lieu of the inspection required in paragraph (j)
of this AD. If you already have the v-band coupling removed, doing
the detailed inspection as specified in paragraph (k) of this AD
eliminates the possibility of having to remove and reinstall the v-
band coupling more than once if certain conditions are found during
the inspection required in paragraph (j) of this AD.
    (i) Use crocus cloth and mineral spirits/Stoddard solvent, to
clean the outer band of the v-band coupling. Pay particular
attention to the spot weld areas on the coupling. If during cleaning
corrosion cannot be removed or pitting of the v-band coupling is
found, do not re-install the v-band coupling. Before further flight,
you must install a new v-band coupling and restart the hours TIS for
the repetitive replacement of the v-band coupling.
    (ii) Use a 10x magnifier to visually inspect the outer band for
cracks, paying particular attention to the spot weld areas. If
cracks are found during this inspection, do not re-install the v-
band coupling. Before further flight, you must install a new v-band
coupling and restart the hours TIS for the repetitive replacement of
the v-band coupling.
    (iii) Visually inspect the flatness of the outer band using a
straight edge. Lay the straight edge across the width of the outer
band. The gap must be less than 0.062 inches. See figure 1 to
paragraphs (k)(1)(iii) and (v) of this AD. If the gap exceeds 0.062
inches between the outer band and the straight edge, do not re-
install the v-band coupling. Before further flight, you must install
a new v-band coupling and restart the hours TIS for the repetitive
replacement of the v-band coupling.

[GRAPHIC] [TIFF OMITTED] TR29MR18.001

    (iv) With the t-bolt in the 12 o'clock position, visually
inspect the coupling for the attachment of the outer band to the v-
retainer coupling segments by inspecting for gaps between the outer
band and the v-retainer coupling segments between approximately the
1 o'clock through 11 o'clock position. It is recommended to use
backlighting to see gaps. If gaps between the outer band and the v-
retainer coupling segments are found, do not re-install the v-band
coupling. Before further flight, you must install a new v-band
coupling and restart the hours TIS for the repetitive replacement of
the v-band coupling.
    (v) Visually inspect the bend radii of the coupling v-retainer
coupling segments for cracks. Inspect the radii throughout the
length of the segment. See figure 1 to paragraphs (k)(1)(iii) and
(v) of this AD. If any cracks are found, do not re-install the v-
band coupling. Before further flight, you must install a new v-band
coupling and restart the hours TIS for the repetitive replacement of
the v-band coupling.
    (vi) Visually inspect the outer band opposite the t-bolt for
damage (distortion, creases, bulging, or cracks), which may be
caused from excessive spreading of the coupling during installation
and/or removal. If any damage is found, do not re-install the v-band
coupling. Before further flight, you must install a new v-band
coupling and restart the hours TIS for the repetitive replacement of
the v-band coupling.
    (2) If the removed exhaust tailpipe v-band coupling passes all
of the inspection steps listed in paragraphs (k)(1)(i) through (vi)
of this AD, you may re-install the same v-band coupling. After the
coupling is re-installed and torqued as specified in Replacement of
the V-Band Coupling, paragraph (i) of this AD, verify there is space
between each v-retainer coupling segment below the t-bolt. If there
is no space between each v-retainer coupling segment below the t-
bolt, before further flight, you must install a new v-band coupling
and restart the hours TIS for the repetitive replacement of the v-
band coupling.
    (3) The inspections required in paragraphs (k)(1) and (2) of
this AD only apply to re-installing the same exhaust tailpipe v-band
coupling that was removed as specified in paragraph (j) of this AD.
It does not apply to installation of a new v-band coupling. These
inspections do not terminate the 500-hour TIS repetitive replacement
of the v-band coupling and do not restart the hours TIS for the
repetitive replacement of the v-band coupling.
    (4) As of May 3, 2018 (the effective date of this AD), do not
install a used exhaust tailpipe v-band coupling on the airplane
except for the reinstallation of the inspected exhaust tailpipe v-
band coupling that was removed as specified in paragraphs (j) and
(k) of this AD.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. The Manager, Chicago ACO Branch, FAA, has the
authority to approve AMOCs concerning STC SA1035WE, 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 Wichita ACO Branch, send
it to the attention of the person identified in paragraph (m) of
this AD. If sending information directly to the manager of the
Chicago ACO Branch, send it to the attention of John Tallarovic,
Aerospace Engineer, AIR-7C3 Chicago ACO Branch, 2300 East Devon
Avenue, Des Plaines, IL 60018-4696; telephone:<PHONE_NUMBER>; fax:
(847) 294-7834; email: [email protected].
    (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.

 (m) Related Information

    For more information about this AD, contact Thomas Teplik,
Aerospace Engineer, Wichita ACO Branch, FAA, 1801 Airport Road, Room
100, Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax: (316) 946-
4107; email: [email protected].

 (n) Material Incorporated by Reference

    None.

    Issued in Kansas City, Missouri, on March 20, 2018.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification
Service.
[FR Doc. 2018-06092 Filed 3-28-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Notices]
[Pages 8797-8803]
[FR Doc No: 2016-03524]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77141; File No. SR-EDGA-2016-02]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing of a Proposed Rule Change, as Modified by Amendment No. 1
Thereto, To Adopt an Early Trading Session and Three New Time-in-Force
Instructions

February 16, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 2, 2016, EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. On
February 12, 2016, the Exchange filed Amendment No. 1 to the proposed
rule change.\3\ The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange noted that it would subject
orders that are eligible for execution as of the start of the Pre-
Opening Session to all of the Exchange's standard regulatory checks,
including compliance with Regulation NMS, Regulation SHO, as well as
other relevant Exchange rules.
---------------------------------------------------------------------------

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

    The Exchange filed a proposal to amend its rules to: (i) Create a
new trading session to be known as the Early Trading Session, which
will run from 7:00 a.m. to 8:00 a.m. Eastern Time; and (ii) adopt three
new Time-in-Force (``TIF'') instructions.\4\
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    \4\ The Exchange notes that its affiliates, BATS Exchange, Inc,
(``BZX'') and BATS Y-Exchange, Inc. (``BYX'') also intend to file
proposed rule changes with the Commission to amend their rules to
also: (i) Create a new trading session to be known as the Early
Trading Session, which will run from 7:00 a.m. to 8:00 a.m. Eastern
Time; and (ii) adopt identical TIF instructions. The Exchange
further notes that the proposed rule change would operate in an
identical manner to that proposed by BZX and BYX and the language of
the BZX, BYX and Exchange Rules would differ to the extent necessary
to conform with existing Exchange rule text or to account for
details or descriptions included in the Exchange Rules but not
currently included in BZX or BYX rules based on the current
structure of such rules.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts 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 its rules to: (i) Create a new
trading session to be known as the Early Trading Session, which will
run from 7:00 a.m. to 8:00 a.m. Eastern Time; and (ii) adopt three new
TIF instructions.
Early Trading Session
    The Exchange trading day is currently divided into three sessions
of which a User \5\ may select their order(s) be eligible for
execution: (i) The Pre-Opening Session which starts at 8:00 a.m. and
ends at 9:30 a.m. Eastern Time; (ii) Regular Trading Hours which runs
from 9:30 a.m. to 4:00 p.m. Eastern Time; and (iii) the Post-Closing
Session, which runs from 4:00 p.m. to 8:00 p.m. Eastern Time. The
Exchange proposes to amend its rules to create a new trading session to
be known as the Early Trading Session, which will run from 7:00 a.m. to
8:00 a.m. Eastern Time.\6\ Exchange Rule 1.5 would be amended to add a
new definition for the term ``Early Trading Session'' under new
paragraph (ii). ``Early Trading Session'' would be

defined as ``the time between 7:00 a.m. and 8:00 a.m. Eastern Time.''
\7\
---------------------------------------------------------------------------

    \5\ ``User'' is defined as ``any Member or Sponsored Participant
who is authorized to obtain access to the System pursuant to Rule
11.3.'' See Exchange Rule 1.5(ee).
    \6\ The Exchange notes that NYSE Arca, Inc. (``NYSE Arca'')
operates an Opening Session that starts at 4:00 a.m. Eastern Time
(1:00 a.m. Pacific Time) and ends at 9:30 a.m. Eastern Time (6:30
a.m. Pacific Time). See NYSE Arca Rule 7.34(a)(1). The Nasdaq Stock
Market LLC (``Nasdaq'') operates a pre-market session that also
opens at 4:00 a.m. and ends at 9:30 a.m. Eastern Time. See Nasdaq
Rule 4701(g). See also Securities Exchange Act Release No. 69151
(March 15, 2013), 78 FR 17464 (March 21, 2013) (SR-Nasdaq-2013-033)
(Notice of Filing and Immediate Effectiveness of Proposed Rule
Change to Extend the Pre-Market Hours of the Exchange to 4:00 a.m.
EST).
    \7\ An Exchange having bifurcated after hours trading sessions
is not novel. For example, the Chicago Stock Exchange, Inc.
(``CHX'') maintains two after hours trading sessions. See CHX
Article 20, Rule 1(b). See also Securities Exchange Act Release No.
60605 (September 1, 2009), 74 FR 46277 (September 8, 2009) (SR-CHX-
2009-13) (Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Adding Additional Trading Sessions).
---------------------------------------------------------------------------

    The Exchange also proposes to amend Rule 11.1(a) to account for the
Early Trading Session starting at 7:00 a.m. Eastern Time. Other than
the proposal to adopt an Early Trading Session starting at 7:00 a.m.
Eastern Time, the Exchange does not propose to amend the substance or
operation of Rule 11.1(a).
    Users currently designate when their orders are eligible for
execution by selecting the desired TIF instruction under Exchange Rule
11.6(q). Orders entered between 6:00 a.m. and 8:00 a.m. Eastern Time
are not eligible for execution until the start of the Pre-Opening
Session, or Regular Trading Hours,\8\ depending on the TIF selected by
the User. Users may enter orders in advance of the trading session they
intend the order to be eligible for. For example, Users may enter
orders starting at 6:00 a.m. Eastern Time with a TIF of Regular Hours
Only, which designates that the order only be eligible for execution
during Regular Trading Hours.\9\ As stated above, Users may enter
orders as early as 6:00 a.m. Eastern Time, but those orders would not
be eligible for execution until the start of the Pre-Opening Session at
8:00 a.m. Some Users have requested the ability for their orders to be
eligible for execution starting at 7:00 a.m. Eastern Time. Therefore,
the Exchange is proposing to adopt the Early Trading Session as
discussed herein.
---------------------------------------------------------------------------

    \8\ ``Regular Trading Hours'' is defined as ``the time between
9:30 a.m. and 4:00 p.m. Eastern Time.'' See Exchange Rule 1.5(y).
    \9\ See Exchange Rule 11.6(q)(6).
---------------------------------------------------------------------------

    Order entry and execution during the Early Trading Session would
operate in the same manner as it does during the Pre-Opening Session.
As amended, Exchange Rule 11.1(a)(1) would state that orders entered
between 6:00 a.m. and 7:00 a.m. Eastern Time, rather than 6:00 a.m. and
8:00 a.m. Eastern Time, would not be eligible for execution until the
start of the Early Trading Session, Pre-Opening Session, or Regular
Trading Hours, depending on the TIF selected by the User. Exchange Rule
11.1(a)(1) will also be amended to state that the Exchange will not
accept the following orders prior to 7:00 a.m. Eastern Time, rather
than 8:00 a.m.: orders with a Post Only instruction,\10\ Intermarket
Sweep Orders (``ISOs''),\11\ Market Orders \12\ with a TIF other than
Regular Hours Only, orders with a Minimum Execution Quantity
instruction \13\ that also include a TIF of Regular Hours Only, and all
orders with a TIF instruction of Immediate-or-Cancel (``IOC'') \14\ or
Fill-or-Kill (``FOK'').\15\ At the commencement of the Early Trading
Session, orders entered between 6:00 a.m. and 7:00 a.m. Eastern Time,
rather than 6:00 a.m. and 8:00 a.m. Eastern Time, will be handled in
time sequence, beginning with the order with the oldest time stamp, and
will be placed on the EDGA Book,\16\ routed, cancelled, or executed in
accordance with the terms of the order. As amended, Rule 11.1(a) would
state that orders may be executed on the Exchange or routed away from
the Exchange during Regular Trading Hours and during the Early Trading,
Pre-Opening, Regular and Post Closing Sessions.
---------------------------------------------------------------------------

    \10\ See Exchange Rule 11.6(n)(4).
    \11\ See Exchange Rule 11.8(c).
    \12\ See Exchange Rule 11.8(a).
    \13\ See Exchange Rule 11.6(h).
    \14\ See Exchange Rule 11.6(q)(1).
    \15\ See Exchange Rule 11.6(q)(3).
    \16\ See Exchange Rule 1.5(d).
---------------------------------------------------------------------------

    Operations. From the Members' operational perspective, the
Exchange's goal is to permit trading for those that choose to trade,
without imposing burdens on those that do not. Thus, for example, the
Exchange will not require any Member to participate in the Early
Trading Session, including not requiring registered market makers to
make two-sided markets between 7:00 a.m. and 8:00 a.m., just as it does
not require such participation between 8:00 a.m. and 9:30 a.m.\17\ The
Exchange will minimize Members' preparation efforts to the greatest
extent possible by allowing Members to trade beginning at 7:00 a.m.
with the same equipment, connectivity, order types, and data feeds they
currently use from 8:00 a.m. onwards.
---------------------------------------------------------------------------

    \17\ See Exchange Rule 11.20(d)(2) (stating that for NMS stocks
(as defined in Rule 600 under Regulation NMS) a Market Maker shall
adhere to the pricing obligations established by this Rule during
Regular Trading Hours).
---------------------------------------------------------------------------

    Opening Process. The Exchange will offer no opening process at 7:00
a.m., just as it offers no opening process at 8:00 a.m. today. Instead,
at 7:00 a.m., the System will ``wake up'' by loading in price/time
priority all open trading interest entered after 6:00 a.m.\18\ Also at
7:00 a.m., the Exchange will open the execution system and accept new
eligible orders, just as it currently does at 8:00 a.m. Members will be
permitted to enter orders beginning at 6:00 a.m. Market Makers will be
permitted but not required to open their quotes beginning at 7:00 a.m.
in the same manner they open their quotes today beginning at 8:00 a.m.
---------------------------------------------------------------------------

    \18\ See Exchange Rule 11.1(a)(1).
---------------------------------------------------------------------------

    Order Types. Every order type that is currently available beginning
at 8:00 a.m. will be available beginning at 7:00 a.m.\19\ All other
order types, and all order type behaviors, will otherwise remain
unchanged. The Exchange will not extend the expiration times of any
orders. For example, an order that is currently available from 8:00
a.m. to 4:00 p.m. will be modified to be available from 7:00 a.m. to
4:00 p.m. An order that is available from 8:00 a.m. to 9:30 a.m. will
be modified to be available from 7:00 a.m. to 9:30 a.m. Users must
continue to enter a TIF instruction along with their order to indicate
when the order is eligible for execution.\20\
---------------------------------------------------------------------------

    \19\ Id.
    \20\ Id.
---------------------------------------------------------------------------

    Routing Services. The Exchange will route orders to away markets
between 7:00 a.m. and 8:00 a.m., just as it does today between 8:00
a.m. and 9:30 a.m.\21\ All routing strategies set forth in Exchange
Rule 11.11 will remain otherwise unchanged, performing the same
instructions they perform between 7:00 a.m. and 8:00 a.m. today.\22\
---------------------------------------------------------------------------

    \21\ Id.
    \22\ See Exchange Rule 11.11 (Routing to Away Trading Centers).
---------------------------------------------------------------------------

    Order Processing. Order processing will operate beginning at 7:00
a.m. just as it does today beginning at 8:00 a.m. There will be no
changes to the ranking, display, and execution processes or rules.
    Data Feeds. The Exchange will report the best bid and offer on the
Exchange to the appropriate network processor, as it currently does
beginning 8:00 a.m.\23\ The Exchange's proprietary data feeds will be
disseminated beginning at 7:00 a.m. using the same formats and delivery
mechanisms with which the Exchange currently disseminates them
beginning at 8:00 a.m.
---------------------------------------------------------------------------

    \23\ See Exchange Rule 11.12 (Trade Reporting).
---------------------------------------------------------------------------

    Trade Reporting. Trades executed between 7:00 a.m. and 8:00 a.m.
will be reported to the appropriate network processor with the ``.T''
modifier, just as they are reported today between at 8:00 a.m. and 9:30
a.m.\24\
---------------------------------------------------------------------------

    \24\ Id.
---------------------------------------------------------------------------

    Market Surveillance. The Exchange's commitment to high-quality
regulation at all times will extend to 7:00 a.m. The Exchange will
offer all surveillance coverage currently performed by the Exchange's
surveillance systems, which

will launch by the time trading starts at 7:00 a.m.
    Clearly Erroneous Trade Processing. The Exchange will process trade
breaks beginning at 7:00 a.m. pursuant to Exchange Rule 11.15, just as
it does today beginning at 8:00 a.m.
    Related changes to Rules 3.21, 11.8, 11.10, 11.15, 14.1, 14.2 and
14.3. The Exchange proposes to also make the following changes to Rules
3.21, 11.8, 11.10, 11.15, 14.1, 14.2 and 14.3 to reflect the adoption
of the Early Trading Session:
     Rule 3.21, Customer Disclosures. In sum, Exchange Rule
3.21 prohibits Members from accepting an order from a customer for
execution in the Pre-Opening or Post-Closing Session without disclosing
to their customer that extended hours trading involves material trading
risks, including the possibility of lower liquidity, high volatility,
changing prices, unlinked markets, an exaggerated effect from news
announcements, wider spreads and any other relevant risk. The Exchange
proposes to amend Rule 3.21 to include the Early Trading Session as
part of the Member's required disclosures to their customers.
     Rule 11.8, Orders and Modifiers. The Exchange proposes to
amend the description of Limit Orders under Rule 11.8(b), ISOs under
Rule 11.8(c), MidPoint Peg Orders under Rule 11.8(d), MidPoint
Discretionary Orders (``MDO'') under Rule 11.8(e), and Supplemental Peg
Orders under Rule 11.8(g) to account for the Early Trading Session.\25\
As stated above, every order type that is currently available beginning
at 8:00 a.m. will be available beginning at 7:00 a.m. for inclusion in
the Early Trading Session.\26\ All other order types, and all order
type behaviors, will otherwise remain unchanged. Therefore, but for
Market Orders under Rule 11.8(a) and Market Maker Peg Orders under Rule
11.8(f), each of the above rules for Limit Orders, ISOs, MidPoint Peg
Orders, MDOs, and Supplemental Peg Orders would be amended to state
that those orders types are available during the Early Trading Session.
Market Orders and Market Maker Peg Orders would not be eligible for
execution during the Early Trading Session. Market Orders are only
eligible for execution during the Regular Session.\27\ Market Maker Peg
Orders may currently be submitted to the Exchange starting at the
beginning of the Pre-Opening Session, but the order will not be
executable or automatically priced until the beginning of Regular
Trading Hours [sic]. Rule 11.8(f)(7) would be amended to state that
Market Maker Peg Orders may be submitted to the Exchange starting at
the beginning of the Early Trading Session. Market Maker Peg Orders
would continue to not be executable or automatically priced until after
the first regular way transaction on the listing exchange in the
security, as reported by the responsible single plan processor.
---------------------------------------------------------------------------

    \25\ The Exchange notes that the proposed rule change would
operate in an identical manner to that proposed in SR-BATS-2016-01
and the language of the BATS and Exchange Rules differ to [sic]
extent necessary to conform with existing Exchange rule text or to
account for details or descriptions included in the Exchange Rules
but not currently included in BATS rules based on the current
structure of such rules. See supra note 4.
    \26\ See proposed amendments to Exchange Rule 11.1(a).
    \27\ See Exchange Rule 11.8(a)(5).
---------------------------------------------------------------------------

     Rule 11.10, Order Execution and Routing. Exchange Rule
11.10(a)(2) discusses compliance with Regulation NMS and Trade Through
Protections and states that the price of any execution occurring during
the Pre-Opening Session or the Post-Closing Session must be equal to or
better than the highest Protected Bid or lowest Protected Offer, unless
the order is marked ISO or a Protected Bid is crossing a Protected
Offer. The Exchange proposes to amend Rule 11.10(a)(2) to expand the
rule's requirements to the Early Trading Session.
     Rule 11.15, Clearly Erroneous Executions. Exchange Rule
11.15 outlines under which conditions the Exchange may determine that
an execution is clearly erroneous. The Exchange proposes to amend Rule
11.15 to include executions that occur during the Early Trading
Session. Exchange Rule 11.15(c)(1) sets forth the numerical guidelines
the Exchange is to follow when determining whether an execution was
clearly erroneous during Regular Trading Hours or the Pre-Opening or
Post-Closing Trading Session. Exchange Rule 11.15(c)(3) sets forth
additional factors the Exchange may consider in determining whether a
transaction is clearly erroneous. These factors include Pre-Opening and
Post-Closing Trading Session executions. The Exchange proposes to amend
Rule 11.15(c)(1) and (3) to include executions occurring during the
Early Trading Session.
     Rule 14.1, Unlisted Trading Privileges. The Exchange
proposes to amend Rules 14.1(c)(2), and Interpretation and Policies
.01(a) and (b) to account for the proposed Early Trading Session.
Specifically, the Exchange proposes to amend paragraph (c)(2) to state
that an information circular distributed by the Exchange prior to the
commencement of trading of a UTP Derivative Security \28\ will include
the risk of trading during the Early Trading Session, in addition to
the Pre-Opening Session and Post-Closing Trading Session. In addition,
the Exchange proposes to amend Interpretation and Policies .01(a) to
add Early Trading Session to the paragraph's title and to state that if
a UTP Derivative Security begins trading on the Exchange in the Early
Trading Session or Pre-Opening Session and subsequently a temporary
interruption occurs in the calculation or wide dissemination of the
Intraday Indicative Value (``IIV'') or the value of the underlying
index, as applicable, to such UTP Derivative Security, by a major
market data vendor, the Exchange may continue to trade the UTP
Derivative Security for the remainder of the Early Trading Session and
Pre-Opening Session. Lastly, the Exchange proposes to amend
Interpretation and Policies .01(b) to add Early Trading Session to the
paragraph's title and to amend subparagraph (2) of that section to
state that if the IIV or the value of the underlying index continues
not to be calculated or widely available as of the commencement of the
Early Trading Session or Pre-Opening Session on the next business day,
the Exchange shall not commence trading of the UTP Derivative Security
in the Early Trading Session or Pre-Opening Session that day.
---------------------------------------------------------------------------

    \28\ See Exchange Rule 14.1(c).
---------------------------------------------------------------------------

     Rule 14.2, Investment Company Units. The Exchange proposes
to amend Rule 14.2(g) to state that transactions in Investment Company
Units may occur during the Early Trading Session, in addition to during
Regular Trading Hours and the Pre-Opening and Post Closing Sessions.
     Rule 14.3, Trust Issued Receipts. The Exchange proposes to
amend Rule 14.3(d) to state that transactions in Trust Issued Receipts
may occur during the Early Trading Session, in addition to during
Regular Trading Hours and the Pre-Opening and Post-Closing Sessions.
TIF Instructions
    The Exchange proposes to adopt three new TIF instructions under
Rule 11.6(q).\29\ Under Rule 11.1(a)(1), a User may designate when
their order is eligible for execution by selecting the desired TIF
instruction under Exchange Rule 11.6(q). Currently, orders entered
between 6:00 a.m. and 8:00 a.m. Eastern Time are not eligible for
execution until

the start of the Pre-Opening Session, or Regular Trading Hours,
depending on the TIF selected by the User. Users may enter orders in
advance of the trading session they intend the order to be eligible
for. For example, Users may enter orders starting at 6:00 a.m. Eastern
Time with a TIF of Regular Hours Only, which designates that the order
only be eligible for execution during Regular Trading Hours.\30\ As
stated above, Users may enter orders as early as 6:00 a.m. Eastern
Time, but those orders would not be eligible for execution until the
start of the Pre-Opening Session at 8:00 a.m.
---------------------------------------------------------------------------

    \29\ The Exchange also proposes to amend the descriptions of GTD
under Rule 11.6(q)(4) and GTX under Rule 11.6(q)(5) to replace
incorrect references to the Post-Market Session with Post-Closing
Session, as Post-Closing Session is the correct defined term under
Exchange Rule 1.5(r).
    \30\ See Exchange Rule 11.6(q)(6).
---------------------------------------------------------------------------

    As discussed above, the Exchange proposed the Early Trading Session
in response to User requests for their orders to be eligible for
execution starting at 7:00 a.m. Eastern Time. Some Users, however, do
not wish for their orders to be executed during the Early Trading
Session and have requested their orders continue to not be eligible for
execution until the start of the Pre-Opening Session at 8:00 a.m.
Therefore, the Exchange proposes to adopt the following three new TIF
instructions under Rule 11.6(q):
     Pre-Opening Session Plus (``PRE''). A limit order that is
designated for execution during the Pre-Opening Session and Regular
Trading Hours. Like the current Day TIF instruction,\31\ any portion
not executed expires at the end of Regular Trading Hours.
---------------------------------------------------------------------------

    \31\ See Exchange Rule 11.6(q)(2). This is also similar to the
current Good-`til Cancel (``GTC'') TIF instruction currently
available on BZX and the BATS Y-Exchange, Inc. (``BYX''). See BZX
and BYX Rules 11.9(b)(3).
---------------------------------------------------------------------------

     Pre-Opening Session `til Extended Day (``PTX''). A limit
order that is designated for execution during the Pre-Opening Session,
Regular Trading Hours, and the Post-Closing Session. Like the current
Good-`til Extended Day (``GTX'') TIF instruction,\32\ any portion not
executed expires at the end of the Post-Closing Session.
---------------------------------------------------------------------------

    \32\ See Exchange Rule 11.6(q)(5).
---------------------------------------------------------------------------

     Pre-Opening Session `til Day (``PTD''). A limit order that
is designated for execution during the Pre-Opening Session, Regular
Trading Hours, and the Post-Closing Session. Like the current Good-`til
Day (``GTD'') TIF instruction,\33\ any portion not executed will be
cancelled at the expiration time assigned to the order, which can be no
later than the close of the Post-Closing Trading Session.
---------------------------------------------------------------------------

    \33\ See Exchange Rule 11.6(q)(4).
---------------------------------------------------------------------------

    Under each proposed TIF instruction, Users may designate that their
orders only be eligible for execution starting with the Pre-Opening
Session. This is similar to the existing TIF of Regular Hours Only,
which designates that the order only be eligible for execution during
Regular Trading Hours, which starts at 9:30 a.m. Eastern Time. In such
case, a User may enter orders starting at 6:00 a.m. Eastern Time, but
such order would not be eligible for execution until 9:30 a.m. Eastern
Time. Likewise, under each of the proposed TIF instructions, a User may
continue to enter orders as early as 6:00 a.m., but such orders would
not be eligible for execution until 8:00 a.m. Eastern Time, the start
of the Pre-Opening Session.\34\ At the commencement of the Pre-Opening
Session, orders entered between 6:00 a.m. and 8:00 a.m. Eastern Time
with one of the proposed TIF instructions will be handled in time
sequence, beginning with the order with the oldest time stamp, and will
be placed on the EDGA Book, routed, cancelled, or executed in
accordance with the terms of the order.\35\
---------------------------------------------------------------------------

    \34\ Orders utilizing one of the proposed TIF instructions would
not be eligible for execution during the proposed Early Trading
Session.
    \35\ See Exchange Rule 11.1(a).
---------------------------------------------------------------------------

    Lastly, the Exchange proposes to amend the following order types
under Exchange Rule 11.8 to account for the three proposed TIF
instructions: \36\
---------------------------------------------------------------------------

    \36\ The Exchange notes that the proposed rule change would
operate in an identical manner to that proposed in SR-BATS-2016-
01and the language of the BATS and Exchange Rules differ to [sic]
extent necessary to conform with existing Exchange rule text or to
account for details or descriptions included in the Exchange Rules
but not currently included in BATS rules based on the current
structure of such rules. See supra note 4.
---------------------------------------------------------------------------

     Market Orders. The proposed TIF instruction of PRE, PTX,
and PTD would not be available to Market Orders. Under Exchange Rule
11.8(a)(2), a Market Order may only include a TIF instruction of IOC,
RHO, FOK, or Day.
     Limit Orders. Rule 11.8(b)(2) describes the TIF
instructions that may be attached to a Limit Order. The Exchange
proposes to amend paragraph (b)(2) add the TIF instructions of PRE,
PTX, or PTD to the list of TIF instructions that a Limit Order may
include.
     ISOs. Rule 11.8(c)(1) describes the TIF instructions that
may be attached to an incoming ISO. The Exchange proposes to amend
paragraph (c)(1) to state that an incoming ISO may have a TIF
instruction of PRE, PTX, or PTD, in addition to Day, GTD, RHO, GTX, and
IOC. Exchange Rule 11.8(c)(1) would be further amended to state that an
incoming ISO with a Post Only and TIF instruction of PRE, PTX, or PTD,
like those with a TIF instruction or GTD, GTX, or Day, will be
cancelled without execution if, when entered, it is immediately
marketable against an order with a Displayed instruction resting in the
EDGA Book unless such order removes liquidity pursuant to Exchange Rule
11.6(n)(4).\37\
---------------------------------------------------------------------------

    \37\ Exchange Rule 11.6(n)(4) defined the Post Only instruction
and states, in sum, that an order with a Post Only instruction and a
Display-Price Sliding or Price Adjust instruction will remove
contra-side liquidity from the EDGA Book if the order is an order to
buy or sell a security priced below $1.00 or if the value of such
execution when removing liquidity equals or exceeds the value of
such execution if the order instead posted to the EDGA Book and
subsequently provided liquidity, including the applicable fees
charged or rebates provided.
---------------------------------------------------------------------------

     MidPoint Peg Orders. Rule 11.8(d)(1) describes the TIF
instructions that may be attached to a MidPoint Peg Order. The Exchange
proposes to amend paragraph (d)(1) to state that a MidPoint Peg Order
may have a TIF instruction of PRE, PTX, or PTD, in addition to Day,
FOK, IOC, RHO, GTX and GTD.
     MDO. Rule 11.8(e)(1) describes the TIF instructions that
may be attached to an MDO. The Exchange proposes to amend paragraph
(e)(1) to state that an MDO may have a TIF instruction of PRE, PTX, or
PTD, in addition to Day, RHO, GTX and GTD.
     Market Maker Peg Orders. The proposed TIF instruction of
PRE, PTX, and PTD would not be available to Market Maker Peg Orders.
Under Exchange Rule 11.8(f)(4), a Market Maker Peg Order may only
include a TIF instruction of Day, RHO, or GTD.
    Supplemental Peg. Rule 11.8(g)(1) describes the TIF instructions
that may be attached to a Supplemental Peg Order. The Exchange proposes
to amend paragraph (g)(1) to state that a Supplemental Peg Order may
have a TIF instruction of PRE, PTX, or PTD, in addition to GTD, GTX,
RHO and Day.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\38\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\39\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and in general, to protect investors and the
public interest. The Exchange also believes that the proposed rule
change is non-discriminatory as it would apply to all Members
uniformly. The proposed rule change in whole is designed to attract
more order flow to the Exchange

between 7:00 a.m. and 9:30 a.m. Eastern Time. Increased liquidity
during this time will lead to improved price discovery and increased
execution opportunities on the Exchange, therefore, promoting just and
equitable principles of trade, and removing impediments to and
perfecting the mechanism of a free and open market and a national
market system.
---------------------------------------------------------------------------

    \38\ 15 U.S.C. 78f.
    \39\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

Early Trading Session
    The Exchange believes its proposal to adopt the Early Trading
Session promotes just and equitable principles of trade, removes
impediments to and perfects the mechanism of a free and open market and
a national market system, prevents fraudulent and manipulative acts and
practices, and, in general, protects investors and the public interest.
The Exchange believes that the Early Trading Session will benefit
investors, the national market system, Members, and the Exchange market
by increasing competition for order flow and executions, and thereby
spur product enhancements and lower prices. The Early Trading Session
will benefit Members and the Exchange market by increasing trading
opportunities between 7:00 a.m. and 8:00 a.m. without increasing
ancillary trading costs (telecommunications, data, connectivity, etc.)
and, thereby, decreasing average trading costs per share. The Exchange
notes that trading during the proposed Early Trading Session has been
available on NYSE Arca and Nasdaq.\40\ The Exchange believes that the
availability of trading between 7:00 a.m. and 8:00 a.m. has been
beneficial to market participants including investors and issuers on
other markets. Introduction of the Early Trading Session on the
Exchange will further expand these benefits.
---------------------------------------------------------------------------

    \40\ See supra note 6.
---------------------------------------------------------------------------

    Additionally, the Exchange Act's goal of creating an efficient
market system includes multiple policies such as price discovery, order
interaction, and competition among markets. The Exchange believes that
offering a competing trading session will promote all of these policies
and will enhance quote competition, improve liquidity in the market,
support the quality of price discovery, promote market transparency,
and increase competition for trade executions while reducing spreads
and transaction costs. Additionally, increasing liquidity during the
Early Trading Session will raise investors' confidence in the fairness
of the markets and their transactions, particularly due to the lower
volume of trading occurring prior to opening.
    Although the Exchange will be operating with bifurcated pre-opening
trading sessions, the Exchange notes that having bifurcated after hours
trading sessions is not novel. For example, the CHX maintains two after
hours trading sessions,\41\ the Late Trading Session, which runs from
4:00 p.m. to 4:15 p.m. Eastern Time, and the Late Crossing Session,
which runs from 4:15 p.m. to 5:00 Eastern Time. As such, the Exchange
does not believe that the proposed rule change will disproportionately
increase the complexity of the market.
---------------------------------------------------------------------------

    \41\ See supra note 7.
---------------------------------------------------------------------------

    The expansion of trading hours through the creation of the Early
Trading Session promotes just and equitable principles of trade by
providing market participants with additional options in seeking
execution on the Exchange. Order entry and execution during the Early
Trading Session would operate in the same manner as it does today
during the Pre-Opening Session. In addition, the Exchange will report
the best bid and offer on the Exchange to the appropriate network
processor, and the Exchange's proprietary data feeds will be
disseminated, beginning at 7:00 a.m. The proposal will, therefore,
facilitate a well-regulated, orderly, and efficient market during a
period of time that is currently underserved.
    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices because all
surveillance coverage currently performed by the Exchange's
surveillance systems will launch by the time trading starts at 7:00
a.m. Eastern Time. Further, the Exchange believes that the proposed
rule change will protect investors and the public interest because the
Exchange is updating its customer disclosure requirements to prohibit
Members from accepting an order from a customer for execution in the
Early Trading Session without disclosing to their customer that
extended hours trading involves material trading risks, including the
possibility of lower liquidity, high volatility, changing prices,
unlinked markets, an exaggerated effect from news announcements, wider
spreads and any other relevant risk.
TIF Instructions
    The Exchange believes its proposed TIF instructions promote just
and equitable principles of trade, and remove impediments to and
perfect the mechanism of a free and open market and a national market
system. The Exchange believes that the proposed TIF instructions will
benefit investors by providing them with greater control over their
orders. The proposed TIF instructions simply provide investors with
additional optionality for when their orders may be eligible for
execution.
    The ability to select the trading sessions or time upon which an
order is to be eligible for execution is not novel and is currently
available on the Exchange and other market centers. For example, on the
Exchange, a User may enter an order starting at 6:00 a.m. Eastern Time
and select that such order not be eligible for execution until 9:30
a.m., the start of Regular Trading Hours using TIF instructions of
Regular Hours Only.\42\ In addition, like each of the proposed TIF
instructions, Nasdaq utilizes a TIF, referred to as ESCN, under which
an order using its SCAN routing strategy entered prior to 8:00 a.m.
Eastern Time is not eligible for execution until 8:00 a.m. Eastern
Time.\43\
---------------------------------------------------------------------------

    \42\ See Exchange Rule 11.6(q)(6). See also Nasdaq Rule 4703(a)
(outlining TIF instructions that do not activate orders until 9:30
a.m. Eastern Time).
    \43\ See Nasdaq Rule 4703(a). See also Nasdaq Rule 4703(a)(7).
---------------------------------------------------------------------------

    The Exchange proposed the Early Trading Session discussed above in
response to User requests for their orders to be eligible for execution
starting at 7:00 a.m. Eastern Time. However, some Users have requested
their orders continue to not be eligible for execution until the start
of the Pre-Opening Session at 8:00 a.m. Therefore, the Exchange
proposed the three new TIF instructions in order for Users to designate
their orders as eligible for execution as of the start of the Pre-
Opening Session.
    Members will maintain the ability to cancel or modify the terms of
their order at any time, including during the time from when the order
is routed to the Exchange until the start of the Pre-Opening Session.
As a result, a Member who utilizes the proposed TIF instructions, but
later determines that market conditions favor execution during Early
Trading Session, can cancel the order residing at the Exchange and
enter a separate order to execute during the Early Trading Session.
While a User must make every effort to execute a marketable customer
order it receives fully and promptly,\44\ doing so might not result in
the best execution possible for the customer.

Such Users may wish to delay the execution of their orders until the
start of the Pre-Opening Session for various reasons, including the
characteristics of the market for the security as well as the amount of
liquidity available in the market as part of their best execution
obligations.\45\
---------------------------------------------------------------------------

    \44\ See Supplemental Material .01 to Financial Industry
Regulatory Authority, Inc. (``FINRA'') Rule 5310.
    \45\ A Member's best execution obligation may also include
cancelling an order when market conditions deteriorate and could
result in an inferior execution or informing customers where the
execution of their order may be delayed intentionally as the Member
utilizes reasonable diligence to ascertain the best market for the
security. See FINRA Rule 5130 [sic]. See also FINRA Regulatory
Notice 15-46, Best Execution. Guidance on Best Execution Obligations
in Equity, Options, and Fixed Income Markets, (November 2015).
---------------------------------------------------------------------------

    Specifically, FINRA Rule 5310(a)(1) provides that a Member must use
reasonable diligence to ascertain the best market for a security and
buy or sell in such market so that the resultant price to the customer
is as favorable as possible under prevailing market conditions. And
importantly, FINRA Rule 5310(a)(1)(A) states that one of the factors
that will be considered in determining whether a member has used
``reasonable diligence'' is ``the character of the market for the
security (e.g., price, volatility, relative liquidity, and pressure on
available communication).\46\ As such, a Member conducting ``reasonable
diligence'' may determine that due to the character of the Early
Trading Session, along with considering other relevant factors, the
Member wants to utilize the proposed TIF instructions.
---------------------------------------------------------------------------

    \46\ Tellingly, these characteristics are reflected in the
disclosure requirements mandated by Exchange Rule 3.21 before a
Member may accept an order from a customer for execution in the Pre-
Opening, Post-Closing, and proposed Early Trading Sessions.
---------------------------------------------------------------------------

    Members will be accustomed to this additional analysis in
determining whether to participate in the Early Trading Session, Pre-
Opening Session, or Regular Trading Hours. The regulatory guidance with
respect to best execution anticipates the continued evolution of
execution venues:

    [B]est execution is a facts and circumstances determination. A
broker-dealer must consider several factors affecting the quality of
execution, including, for example, the opportunity for price
improvement, the likelihood of execution . . ., the speed of
execution and the trading characteristics of the security, together
with other non-price factors such as reliability and service.\47\

    \47\ See Securities Exchange Act Release No. 43950 (November 17,
2000), 65 FR 75414 (December 1, 2000) (``Disclosure of Order
Execution and Routing Practices release'').
---------------------------------------------------------------------------

    To the extent there may be best execution obligations at issue,
they are no different than the best execution obligations faced by
brokers in the current market structure,\48\ including the use of the
currently available Regular Trading Hours TIF instruction or SCAN/ESCN
routing strategy available on Nasdaq discussed above.\49\ However,
similar to why a Member may utilize the Regular Trading Hours TIF
instruction, a User may wish to forgo a possible execution during the
Early Trading Session and/or Pre-Opening Session if they believe doing
so is consistent with their best execution obligations as they
anticipate that the market for the security may improve upon the start
of the Pre-Opening Session and/or Regular Trading Hours.\50\ Applicable
best execution guidance contains no formulaic mandate as to whether or
how brokers should direct orders. The optionality created by the
proposed rule change simply represents one tool available to Members in
order to meet their best execution obligations.
---------------------------------------------------------------------------

    \48\ The Commission has also indicated a User's best execution
obligation may not be satisfied simply by obtaining the best bid or
offer (``BBO''). See Securities Exchange Act Release No. 37619A
(September 6, 1996), 61 FR 48290 (September 12, 1996) (``Order
Executions Obligations release''). While a User may seek the most
favorable terms reasonably available under the circumstances of the
transaction, such terms may not necessarily in every case be the
best price available. Id. See also FINRA Regulatory Notice 15-46,
Best Execution. Guidance on Best Execution Obligations in Equity,
Options, and Fixed Income Markets, (November 2015).
    \49\ See supra note 43.
    \50\ Exchange Rule 3.21 requires Member make [sic] certain
disclosures to their customers prior to accepting an order for
execution outside of Regular Trading Hours. These disclosures
include, among other things, the risk of lower liquidity, higher
volatility, wider spreads, and changing prices in extended hours
trading as compared to regular market hours. See Exchange Rule
3.21(a)-(g).
---------------------------------------------------------------------------

    Lastly, the Exchange reminds Members of their regulatory
obligations when submitting an order one of the proposed TIF
instructions. The Market Access Rule under Rule 15c3-5 of the Act
requires broker-dealers to, among other things, implement regulatory
risk management controls and procedures that are reasonably designed to
prevent the entry of orders that fail to comply with regulatory
requirements that apply on a pre-order entry basis.\51\ These pre-trade
controls must, for example, be reasonably designed to assure compliance
with Exchange trading rules and Commission rules under Regulation SHO
\52\ and Regulation NMS.\53\ In accordance with the Market Access Rule,
a Member's procedures must be reasonably designed to ensure compliance
with their applicable regulatory requirements, not just at the time the
order is routed to the Exchange, but also at the time the order becomes
eligible for execution.
---------------------------------------------------------------------------

    \51\ See Securities Exchange Act Release No. 63241 (November 3,
2010), 75 FR 69792 (November 15, 2010) (File no. S7-03-10).
    \52\ See e.g., Question 2.6 of the Division of Trading and
Markets: Response to Frequently Asked Questions Concerning
Regulations SHO, available at https://www.sec.gov/divisions/marketreg/mrfaqregsho1204.htm.
    \53\ 17 CFR 240.610-611 [sic].
---------------------------------------------------------------------------

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

    The Exchange does not believe that its proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes that
the proposed rule change will benefit investors, the national market
system, Members, and the Exchange market by increasing competition for
order flow and executions during the pre-market sessions, thereby
spurring product enhancements and lowering prices. The Exchange
believes the proposed Early Trading Session would enhance competition
by enabling the Exchange to directly compete with NYSE Arca and Nasdaq
for order flow and executions starting at 7:00 a.m., rather than 8:00
a.m. Eastern Time. In addition, the proposed TIF instructions will
enhance competition by enabling the Exchange to offer functionality
similar to Nasdaq.\54\ The fact that the extending of the proposed
Early Trading Session and TIF instructions are themselves a response to
the competition provided by other markets is evidence of its pro-
competitive nature.
---------------------------------------------------------------------------

    \54\ See supra note 43.
---------------------------------------------------------------------------

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

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

    Within 45 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 Exchange consents, the Commission will: (a) By order approve
or disapprove 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, as modified by Amendment No. 1, is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-EDGA-2016-02 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 No. SR-EDGA-2016-02. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-EDGA-2016-02 and should be
submitted on or before March 14, 2016.
---------------------------------------------------------------------------

    \55\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\55\
Brent J. Fields,
Secretary.
[FR Doc. 2016-03524 Filed 2-19-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 115 (Thursday, June 14, 2012)]
[Notices]
[Pages 35669-35670]
[FR Doc No: 2012-14518]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-1875-000]

AltaGas Renewable Energy Colorado LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
AltaGas Renewable Energy Colorado LLC application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 21, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor

must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free) For TTY, call<PHONE_NUMBER>.

    Dated: June 1, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-14518 Filed 6-13-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 16, 2006 (Volume 71, Number 199)]
[Notices]
[Page 60703-60704]
[DOCID:fr16oc06-34]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8231-2; EPA-HQ-Docket ID No. EPA-ORD-2006-0666]

Approaches To Estimating the Waterborne Disease Outbreak Burden
in the United States: Uses and Limitations of the Waterborne Disease
Outbreak Surveillance System; External Review Draft

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of peer-review workshop.

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

SUMMARY: EPA is announcing that Versar, Inc., an EPA contractor for
external scientific peer review, will convene an independent panel of
experts and organize and conduct a two-day external peer-review
workshop to review the external review draft document titled,
``Approaches to Estimating the Waterborne Disease Outbreak Burden in
the United States: Uses and Limitations of the Waterborne Disease
Outbreak Surveillance System'' (EPA/600/R-06/069).
    On September 15, 2006 (71 FR 54481), EPA announced a 30-day public
comment period for the draft document. The public comment period ends
October 16, 2006. The draft document was prepared by the National
Center for Environmental Assessment (NCEA) within EPA's Office of
Research and Development.
    The public comment period and the external peer-review workshop are
separate processes that provide opportunities for all interested
parties to comment on the document. In addition to consideration by
EPA, all public comments submitted in accordance with this notice will
also be forwarded to

EPA's contractor for the external peer-review panel prior to the
workshop.
    EPA is releasing this draft document solely for the purpose of pre-
dissemination peer review under applicable information quality
guidelines. This draft document has not been formally disseminated by
EPA. It does not represent and should not be construed to represent any
Agency policy or determination.
    Versar, Inc., invites the public to register to attend this
workshop as observers. In addition, Versar, Inc., invites the public to
give oral and/or provide written comments at the workshop regarding the
draft document under review. The draft document and EPA's peer-review
charge are available primarily via the Internet on NCEA's home page
under the Recent Additions and the Data and Publications menus at
http://www.epa.gov/ncea. In preparing a final report, EPA intends to

consider Versar, Inc.'s report of the comments and recommendations from
the external peer-review workshop and any public comments that EPA
receives in accordance with this notice.

DATES: The peer-review panel workshop will begin on October 26, 2006,
at 9 a.m. and end on October 27, 2006, at 5 p.m. The second day of the
workshop is closed to the public and to EPA so that the peer-review
panel members can consider the draft document and prepare their
individual comments. On September 15, 2006, EPA announced a thirty-day
public comment period for the draft document, which began September 15,
2006, and ends October 16, 2006 (71 FR 54481). Technical comments
should be in writing and must be received by EPA by October 16, 2006.
For more information on how to submit comments, please refer to the
September 15, 2006, Federal Register notice (71 FR 54481).

ADDRESSES: The peer-review workshop will be held at the U.S. EPA,
Andrew W. Breidenbach Environmental Research Center (AWBERC) Building,
26 West Martin Luther King Drive, Cincinnati, Ohio 45268. The EPA
contractor, Versar, Inc., is organizing, convening, and conducting the
peer-review workshop. To attend the workshop, register by October 20,
2006, by visiting http://epa.versar.com/waterborne. You can also

register by calling Keith E. Drewes at Versar, Inc.<PHONE_NUMBER>,
sending a facsimile to<PHONE_NUMBER>, or sending an e-mail to
<EMAIL_ADDRESS>
    The draft document, ``Approaches to Estimating the Waterborne
Disease Outbreak Burden in the United States: Uses and Limitations of
the Waterborne Disease Outbreak Surveillance System,'' is available
primarily via the Internet on the National Center for Environmental
Assessment's home page under the Recent Additions and the Data and
Publications menus at http://www.epa.gov/ncea. A limited number of

paper copies are available from the Technical Information Staff, NCEA-
Cincinnati by telephone:<PHONE_NUMBER> or by facsimile: (513) 569-
7916. If you are requesting a paper copy, please provide your name,
mailing address, and the document title, ``Approaches to Estimating the
Waterborne Disease Outbreak Burden in the United States: Uses and
Limitations of the Waterborne Disease Outbreak Surveillance System.''
Copies are not available from Versar, Inc.

FOR FURTHER INFORMATION CONTACT: Questions regarding information,
registration, and logistics for the external peer-review workshop
should be directed to Keith E. Drewes of Versar, Inc., via e-mail:
<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>, or facsimile: (386)

322-6051.
    For information on the public comment period, contact the Office of
Environmental Information Docket by telephone:<PHONE_NUMBER>,
facsimile:<PHONE_NUMBER>, or e-mail<EMAIL_ADDRESS>    If you need technical information about the document, please
contact Glenn Rice, National Center for Environmental Assessment
(NCEA), by telephone:<PHONE_NUMBER>, facsimile:<PHONE_NUMBER>, or e-
mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Summary of Information About the Project/Document

    Information about waterborne disease outbreaks (WBDOs) in the
United States is voluntarily reported by State, territorial and local
public health agencies to the Centers for Disease Control and
Prevention (CDC). CDC and EPA jointly maintain a WBDO database. The
database describes outbreak attributes including, among other things,
the drinking water system deficiency, the etiologic agent, and the
number of individuals who became ill. Underreporting of such events is
assumed but the magnitude of underreporting is unknown.
    This draft document presents an approach for estimating the
epidemiologic and economic burden of disease associated with 665 WBDOs
reported in the U.S. between 1971 and 2000. The term disease burden
broadly refers to the magnitude of the impact incurred by society as a
consequence of disease in the community (e.g., decrements in a
population's health or the associated economic effects) and there are
various metrics that can be employed by analysts to quantify burden. In
order to capture some of the benefits of drinking water regulations,
EPA has typically expressed waterborne disease impacts in terms of
epidemiologic and monetary measures; this WBDO burden analysis employs
those same measures. Because not all WBDOs in the United States and
associated cases of illness are reported, the WBDO database on which
this draft document is based is not comprehensive. The extent to which
WBDOs are not recognized is unknown and is not examined in this
analysis. This draft report develops several quantitative sensitivity
analyses to characterize some of the uncertainty in the burden
estimates but does not provide an evaluation of the potential impact of
under- or overreporting of WBDOs or their associated severity
characteristics. The draft report includes recommendations for the
collection and reporting of additional outbreak information that would
improve the usefulness of the WBDO database for future disease burden
estimates.

II. Workshop Information

    Members of the public may attend the workshop as observers, and
there will be a limited time for comments from the public in the
afternoon. Please let Versar, Inc., know if you wish to make comments
during the workshop. Space is limited, and reservations will be
accepted on a first-come, first-served basis. The second day of the
workshop is closed to the public and to EPA so that the peer-review
panel members can consider the draft document and prepare their
individual comments.

    Dated: October 10, 2006.
George Alapas,
Director, National Center for Environmental Assessment.
 [FR Doc. E6-17098 Filed 10-13-06; 8:45 am]

BILLING CODE 6560-50-P