[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Notices]
[Pages 37712-37715]
[FR Doc No: 2020-13437]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89086; File No. SR-NYSE-2020-52]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Add, for a Temporary Period That Begins on June 17, 2020, Commentary
.06 to Rule 7.35A; Commentary .03 to Rule 7.35B; Supplementary Material
.20 to Rule 76; and an Amendment to Supplementary Material .30 to Rule
36 To Support the Partial Return of Designated Market Makers to the
Trading Floor

June 17, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on June 16, 2020, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to add, for a temporary period that begins on
June 17, 2020, and ends on the earlier of a full reopening of the
Trading Floor facilities to DMMs or after the Exchange closes on June
30, 2020, (1) Commentary .06 to Rule 7.35A; (2) Commentary .03 to Rule
7.35B; (3) Supplementary Material .20 to Rule 76; and (4) an amendment
to Supplementary Material .30 to Rule 36. The proposed rule change is
available on the Exchange's website at www.nyse.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 self-regulatory organization
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 those 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to add, for a temporary period that begins on
June 17, 2020, and ends on the earlier of a full reopening of the
Trading Floor facilities to DMMs or after the Exchange closes on June
30, 2020, (1) Commentary .06 to Rule 7.35A; (2) Commentary .03 to Rule
7.35B; (3) Supplementary Material .20 to Rule 76; and (4) an amendment
to Supplementary Material .30 to Rule 36. This temporary rule relief
will support the partial return of Designated Market Makers (``DMMs'')
to the Trading Floor.

Background

    On March 18, 2020, the CEO of the Exchange made a determination
under Rule 7.1(c)(3) that, beginning March 23, 2020, the Trading Floor
facilities located at 11 Wall Street in New York City would close and
the Exchange would move, on a temporary basis, to fully electronic
trading.\4\ On May 14, 2020, the CEO of the Exchange made a
determination under Rule 7.1(c) to reopen the Trading Floor on a
limited basis on May 26, 2020 to a subset of Floor brokers, subject to
safety measures designed to prevent the spread of the COVID-19
virus.\5\ On June 15, 2020, the CEO of the Exchange made a
determination under Rule 7.1(c) to begin the second phase of the
Trading Floor reopening by allowing DMMs to return to on June 17, 2020,
subject to safety measures designed to prevent the spread of COVID-
19.\6\
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    \4\ See Press Release, dated March 18, 2020, available here:
https://ir.theice.com/press/news-details/2020/New-York-Stock-Exchange-to-Move-Temporarily-to-Fully-Electronic-Trading/default.aspx.
    \5\ See Securities Exchange Act Release No. 88933 (May 22, 2020)
(SR-NYSE2020-47) (Notice of filing and immediate effectiveness of
proposed rule change).
    \6\ See Trader Update, dated June 15, 2020, available here:
https://www.nyse.com/trader-update/history#110000272018.
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    With this partial reopening of the Trading Floor to DMMs, each DMM
unit may choose to return a limited number of staff to the Trading
Floor. A DMM unit that chooses to return staff to the Trading Floor
would be able to facilitate Core Open, Trading Halt, and Closing
Auctions manually in all of the DMM unit's assigned securities, and the
Exchange would no longer automatically run an Exchange-facilitated
Auction for the securities assigned to that DMM unit.\7\ DMM units that
choose to return to the Trading Floor would be provided an opportunity
to facilitate Auctions in each of their assigned securities
electronically, and manually facilitate any Auctions that were not
facilitated electronically. To accommodate health-focused
considerations and social distancing, DMMs would be precluded from
accepting verbal bids and offers from Floor brokers during this phase
of the reopening.
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    \7\ Unless and until a DMM unit chooses to return staff to the
Trading Floor, the Exchange will continue to automatically
facilitate any Auctions assigned to that remote-based DMM unit that
were not electronically-facilitated by that DMM unit. The Exchange
will publish a daily list on its website of those securities that
will be ineligible for manual auctions conducted from the Floor.
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    The temporary relief described in Commentaries to Rules 7.35,
7.35A, 7.35B, and 7.35C would continue to be available during the
second phase of the partial reopening of the Trading Floor to support
not only DMM units that have chosen not to return to the Trading Floor,
but also to support DMM units that would be returning to the Trading
Floor with only a subset of staff.
Proposed Rule Change
    To support DMM units that choose to return to the Trading Floor
with reduced staff, the Exchange proposes additional temporary rule
relief that would be in effect beginning on June 17, 2020, and ends on
the earlier of a full reopening of the Trading Floor facilities to DMMs
or after the Exchange closes on June 30, 2020.
    First, as noted above, if a DMM unit chooses to return to the
Trading Floor, that DMM unit would be expected to manually facilitate
any Auctions in its assigned securities that it was not able to
facilitate electronically, including publishing pre-opening indications
pursuant to Rule 7.35A(d).\8\ However,

because such DMM units would have reduced staff on the Trading Floor,
the Exchange proposes that for this temporary period, the Applicable
Price Range used to determine whether to publish a pre-opening
indication would be widened to 10% for securities with an Indication
Reference Price higher than $3.00 and $0.30 for securities with an
Indication Reference Price equal to or lower than $3.00. The Exchange
further proposes to temporarily suspend the Applicable Price Range
currently specified in Rules 7.35A(d)(3)(A) and (B). The Exchange
believes that this proposed rule change would promote fair and orderly
auctions during this temporary period because it would reduce potential
burdens on the subset of DMM staff available to facilitate Auctions
manually, while at the same time preserving pre-opening indications for
securities with significant price movement.
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    \8\ Rule 7.35A(d) sets forth the requirements relating to pre-
opening indications, which a DMM will publish before a security
opens or reopens if the Core Open or Trading Halt Auction Price is
anticipated to be a change of more than the ``Applicable Price
Range,'' as specified in Rule 7.35A(d)(2), from a specified
``Indication Reference Price,'' as specified in Rule 7.35A(d)(2).
Under Rule 7.35A(d)(3)(A), the Applicable Price Range is 5% for
securities with an Indication Reference Price over $3.00 and $0.15
for securities with an Indication Reference Price equal to or lower
than $3.00. If as of 9:00 a.m., the E-mini S&P 500 Futures are +/-
2% from the prior day's closing price of the E-mini S&P 500 Futures,
when reopening trading following a market-wide trading halt under
Rule 7.12, or if the Exchange determined that it is necessary or
appropriate for the maintenance of a fair and orderly market, the
Applicable Price Range for determining whether to publish a pre-
opening indication will be 10% for securities with an Indication
Reference Price over $3.00 and $0.15 for securities with an
Indication Reference Price equal to or lower than $3.00. See Rule
7.35A(d)(3)(B).
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    To effect this change, the Exchange proposes to add Commentary .06
to Rule 7.35A as follows:

    For a temporary period that begins on June 17, 2020 and ends on
the earlier of a full reopening of the Trading Floor facilities to
DMMs or after the Exchange closes on June 30, 2020, the Applicable
Price Range specified in paragraphs (d)(3)(A) and (B) of this Rule
is suspended and the Applicable Price Range will be 10% for
securities with an Indication Reference Price higher than $3.00 and
$0.30 for securities with an Indication Reference Price equal to or
lower than $3.00.

    Second, because DMMs would be precluded from accepting verbal bids
and offers from Floor brokers during this temporary period while the
Trading Floor is open to only a subset of staff from DMM units that
choose to return to the Trading Floor, the Exchange proposes to add
temporary rules specifying that Floor Broker Interest \9\ would not be
available for Closing Auctions and ``crossing'' orders pursuant to Rule
76, including the Cross Function specified in Supplementary Material
.10 to Rule 76, would not be available to Floor brokers.
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    \9\ For purposes of Auctions under the Rule 7.35 Series, the
term ``Floor Broker Interest'' means orders represented orally by a
Floor broker at the point of sale. See Rule 7.35(a)(9). Floor Broker
Interest that has been electronically accepted by the DMM is
eligible to participate in the Closing Auction. See Rule
7.35B(a)(1).
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    To effect this change, the Exchange proposes to add Commentary .03
to Rule 7.35B as follows:

    For a temporary period that begins on June 17, 2020 and ends on
the earlier of a full reopening of the Trading Floor facilities to
DMMs or after the Exchange closes on June 30, 2020, Floor Broker
Interest will not be eligible to participate in the Closing Auction.

    The Exchange also proposes to add Supplementary Material .20 to
Rule 76 as follows:

    For a temporary period that begins on June 17, 2020 and ends on
the earlier of a full reopening of the Trading Floor facilities to
DMMs or after the Exchange closes on June 30, 2020, the availability
of ``crossing''' orders as described in this Rule, including the
Cross Function as specified in Supplementary Material .10 to this
Rule, will be suspended.

    Third, although a DMM unit may choose to return to the Trading
Floor beginning on June, 17, 2020, such DMM units may have implemented,
and continue to follow, remote working arrangements to halt the spread
of the COVID-19. Specifically, as part of their business continuity
plans, DMM units have instituted remote working arrangements for their
off-Floor offices, thereby limiting or eliminating the availability of
persons in DMMs' off-Floor offices ordinarily reachable using the land-
based telephone lines located in the DMM units' post locations on the
Trading Floor.\10\ To provide DMMs with flexibility to communicate with
staff of the DMM unit that are not assigned to the Trading Floor, but
who are temporarily working remotely, the Exchange proposes to permit
DMMs to use telephones installed at the DMM unit trading post to
communicate with DMM unit personnel working in locations other than the
off-Floor offices of the DMM unit. This temporary rule relief would be
subject to the DMM unit providing the telephone numbers of such off-
Floor personnel to the Exchange in advance.
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    \10\ Rule 36.30 provides that, with the approval of the
Exchange, a DMM unit may maintain a telephone line at its stock
trading post location to the off-Floor offices of the DMM unit, the
unit's clearing firm, or to persons providing non-trading related
services. Such telephone connection shall not be used for the
purpose of transmitting to the Floor orders for the purchase or sale
of securities. Communications by DMM staff on the Trading Floor are
governed by Rule 98.
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    To effect this change, the Exchange proposes a new paragraph to
Supplementary Material .30 to Rule 36 as follows:

    For a temporary period that begins on June 17, 2020 and ends on
the earlier of the full reopening of the Trading Floor facilities to
DMMs or after the Exchange closes on June 30, 2020, a DMM unit may
maintain a telephone line at its trading post location to
communicate with DMM unit personnel working in locations other than
the off-Floor offices of the DMM unit, provided that the telephone
numbers of such persons are provided to the Exchange in advance.

    The Exchange would be able to implement the proposed rule change
immediately upon effectiveness of this proposed rule change.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\11\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\12\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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    To reduce the spread of COVID-19, the CEO of the Exchange made a
determination under Rule 7.1(c)(3) that beginning March 23, 2020, the
Trading Floor facilities located at 11 Wall Street in New York City
would close and the Exchange would move, on a temporary basis, to fully
electronic trading. On May 14, 2020, the CEO of the Exchange made a
determination under Rule 7.1(c)(3) that, beginning May 26, 2020, the
Trading Floor would be partially reopened to allow a subset of Floor
brokers to return to the Trading Floor. And on June 15, 2020, the CEO
of the Exchange made a determination under Rule 7.1(c)(3) that,
beginning June 17, 2020, the Trading Floor would be partially reopened
to allow a subset of DMMs to return to the Trading Floor.
    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because they are designed to support the
return of DMMs to the Trading Floor, who would be operating with
reduced staff. The Exchange believes that the

proposed rule change to add Commentary .06 to Rule 7.35A would promote
fair and orderly markets because it would widen the Applicable Price
Range for pre-opening indications during the temporary period when the
Trading Floor has been reopened to a subset of DMMs. This proposed rule
change will reduce potential burdens on the subset of DMM staff
available to facilitate Auctions manually, while at the same time
preserving pre-opening indications for securities with significant
price movement. The Exchange notes that it has the authority to
implement the proposed Applicable Price Range under Rule 7.35A(d)(3)(B)
if the Exchange determined that it is necessary or appropriate for the
maintenance of a fair and orderly market. The Exchange believes it
would promote transparency to specify that such widened Applicable
Price Range would be in effect during this temporary period, instead of
implementing the widened Applicable Price Range on a day-to-day basis
under Rule 7.35A(d)(3)(B).
    The Exchange further believes that proposed Commentary .03 to Rule
7.35B and Supplementary Material .20 to Rule 76 would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because they would promote transparency that
Floor Broker Interest, as defined in Rule 7.35(a)(9), and crossing
orders, as defined in Rule 76, would not be available to Floor brokers
during the temporary period when the DMMs who choose to return to the
Trading Floor are operating with reduced staff.
    Finally, the Exchange believes that the proposed amendment to Rule
36 would remove impediments to and perfect the mechanism of a free and
open market and a national market system by continuing to facilitate
permitted communications between DMMs and their off-Floor personnel
notwithstanding the remote working arrangements implemented by DMM
units for their off-Floor offices. The Exchange believes that DMMs
using the telephone lines at their trading posts to communicate with
off-Floor personnel working remotely would ensure continuity in DMM
operations and enable DMMs to communicate with DMM staff in order to
conduct their regular business and facilitate fair and orderly markets
in DMM securities. The Exchange further believes that without the
requested relief, DMMs could be compromised in their ability to conduct
their regular course of business on the Trading Floor, which would
adversely impact the market generally and investor confidence. In
particular, any inability for DMMs to communicate with personnel from
their off-Floor offices permitted under Rule 98 regardless of where
such off-Floor personnel may be located during the pandemic, could
compromise DMM units' ability to meet their obligations, particularly
if a DMM unit experiences issues with connectivity or its algorithms.
    In addition, the proposed temporary rule would require DMM units to
provide the telephone numbers of the permitted contacts working
remotely. This additional safeguard would provide the Exchange with
information that may be important to determining whether DMM units are
only communicating with personnel from their off-Floor offices in a
manner permitted under Rule 98.
    The Exchange believes that, by clearly stating that this relief
would be in effect through the earlier of a full reopening of the
Trading Floor facilities to DMMs or the close of the Exchange on June
30, 2020, market participants would have advance notice of the
temporary period during which these proposed rule changes would be in
effect.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. These proposed rule changes
are not designed to address any competitive issues but rather to
support the partial reopening of the Trading Floor to DMM units that
choose to return to the Trading Floor with reduced staff for a
temporary period that begins on June 17, 2020 and ends on the earlier
of a full reopening of the Trading Floor facilities to DMMs or after
the Exchange closes on June 30, 2020.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
Because the foregoing proposed rule change does not (i) significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, it has become effective pursuant to
Section 19(b)(3)(A)(iii) of the Act \15\ and subparagraph (f)(6) of
Rule 19b-4 thereunder.\16\
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    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Commission has waived this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\18\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
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    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Exchange has represented that, during this partial reopening of
the Trading Floor to DMMs, each DMM unit may choose to return only a
limited number of staff to the Trading Floor. The Exchange believes
that the proposed rule change to widen temporarily the Applicable Price
Range specified in Rules 7.35A(d)(3)(A) and (B) the would promote fair
and orderly auctions during this period because it would reduce
potential burdens on the subset of DMM staff available to facilitate
Auctions manually, while at the same time preserving pre-opening
indications for securities with significant price movement.\19\ The
Exchange has also represented that, to halt the spread of the COVID-19,
many such DMM units, as part of their business continuity plans, have
instituted remote working arrangements for their off-Floor offices,
thereby limiting or eliminating the availability of persons in DMMs'
off-Floor offices

ordinarily reachable using the land-based telephone lines located in
the DMM units' post locations on the Trading Floor. The Exchange
believes that allowing DMMs to use the telephone lines at their trading
posts to communicate with off-Floor personnel working remotely would
ensure continuity in DMM operations and enable DMMs to communicate with
DMM staff in order to conduct their regular business and facilitate
fair and orderly markets in DMM securities. The Exchange has also
represented that, to accommodate health-focused considerations and
social distancing, DMMs would be precluded from accepting verbal bids
and offers from Floor brokers during this phase of the reopening, which
would effectively bar Floor Broker Interest from participating in
Closing Auctions under Rule 7.35B or engaging in the crossing orders
under Rule 76; the Exchange believes that noting this effect in its
rules would promote transparency. The Exchange believes that waiving
the operative delay for the proposed rule changes would be consistent
with the protection of investors and the public interest because DMM
units may choose to return to the Trading Floor with reduced staff
beginning on June 17, 2020, and at least one DMM unit has notified the
Exchange that they will be present on the Trading Floor on that day.
The Exchange believes that a waiver of the operative delay would
provide it with the ability to implement the rule changes immediately
to support the second phase of the reopening of the Trading Floor to
reduced staff of the DMM units.
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    \19\ The Exchange has stated that it has the authority to
implement the proposed Applicable Price Range under Rule
7.35A(d)(3)(B) if the Exchange determined that it is necessary or
appropriate for the maintenance of a fair and orderly market. The
Exchange believes it would promote transparency to specify in its
rules that such widened Applicable Price Range would be in effect
during this temporary period, instead of implementing the widened
Applicable Price Range on a day-to-day basis under Rule
7.35A(d)(3)(B).
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    The Commission notes that the proposed rule changes appear to be
designed to address a limited, partial reopening scenario where, due to
health and social distancing considerations, only a subset of DMM staff
would be allowed on the Trading Floor (while many of their off-Floor
personnel would continue working remotely), and DMMs would be precluded
from accepting verbal bids and offers from Floor Brokers. The
Commission also notes that the proposal is a temporary measure designed
to respond to current, unprecedented market and health conditions, and
would end on the earlier of a full reopening of the Trading Floor
facilities to DMMs or after the Exchange closes on June 30, 2020. For
these reasons, the Commission believes that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest. Accordingly, the Commission hereby waives the 30-day
operative delay and designates the proposal operative upon filing.\20\
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    \20\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \21\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \21\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2020-52 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2020-52. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2020-52 and should be submitted on
or before July 14, 2020.
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    \22\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-13437 Filed 6-22-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Notices]
[Pages 23349-23350]
[FR Doc No: 2020-08871]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-1604-000]

EF Oxnard 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
EF Oxnard LLC's 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 May 12, 2020.
    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 may mail similar pleadings to
the

Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426. Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact the Federal Energy Regulatory
Commission at<EMAIL_ADDRESS>or call toll-free, (886) 208-
3676 or TYY,<PHONE_NUMBER>.

    Dated: April 21, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-08871 Filed 4-24-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Notices]
[Page 695]
[FR Doc No: 2013-31543]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Availability of a Final Environmental Assessment (Final
EA) and a Finding of No Significant Impact (FONSI)/Record of Decision
(ROD) for the Proposed Construction and Operation of a Replacement
Aerial Tramway, South Franklin Mountain, El Paso, Texas

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Availability of a Final Environmental Assessment
(Final EA) and a Finding of No Significant Impact (FONSI)/Record of
Decision (ROD) for the Proposed Construction and Operation of a
Replacement Aerial Tramway, South Franklin Mountain, El Paso, Texas.

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SUMMARY: The Federal Aviation Administration (FAA) is issuing this
notice to advise the public that the FAA has prepared, and approved on
November 6, 2013, a Finding of No Significant Impact (FONSI)/Record of
Decision (ROD) based on the Final Environmental Assessment (Final EA)
for the Proposed Construction and Operation of a Replacement Aerial
Tramway (ATRAM), South Franklin Mountain, El Paso, Texas. The FAA
prepared the Final EA in accordance with the National Environmental
Policy Act and the FAA's regulations and guidelines for environmental
documents and the Final EA was signed on September 30, 2013. Copies of
the Final EA and/or FONSI/ROD are available by contacting Ms. Virginia
Marcks through the contact information provided below.

FOR FURTHER INFORMATION CONTACT: Ms. Virginia Marcks, Manager,
Infrastructure Engineering Center, Chicago, AJW-C15H, Federal Aviation
Administration, 2300 East Devon Avenue, Des Plaines, Illinois 60018.
Telephone number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Final EA evaluated the construction and
operation of a replacement ATRAM on South Franklin Mountain, in
Franklin Mountains State Park, El Paso, Texas. The new ATRAM would
replace the 58-year old existing ATRAM, which is beyond its operational
service life and for which general maintenance and upkeep have become
impractical and cost-intensive. The existing ATRAM has reached the
point where replacement parts cannot be found and has many operational
deficiencies and areas of concern. The replacement ATRAM, which would
be constructed parallel to the existing ATRAM on South Franklin
Mountain, would comply with industry standards for tramways.
    The new ATRAM system would consist of a lower terminal, three
intermediate towers, and an upper terminal. The new lower terminal
facility would be located approximately 1,000 feet downhill from the
existing location and the three intermediate towers would be located in
the general vicinity of the existing intermediate tower location. A new
upper terminal would be located atop South Franklin Mountain south of
the current upper terminal. The new ATRAM would have an enclosed cabin
which would accommodate and transport a minimum of four people and have
a total load carrying capacity of 2,000 pounds.
    After the new ATRAM system is fully operational, the FAA would
decommission, demolish, remove the existing ATRAM system, and restore
the lower terminal and intermediate parcels prior to transfer of the
parcels to the Texas Parks and Wildlife Department.
    The Final EA has been prepared in accordance with the National
Environmental Policy Act (NEPA) of 1969, as amended, and FAA Order
1050.1E, ``Environmental Impacts: Policies and Procedures.'' In
addition, FAA Order 5050.4B, ``National Environmental Policy Act (NEPA)
Implementing Instructions for Airport Actions'' has been used as
guidance in the preparation of the environmental analysis.

    Issued in Des Plaines, Illinois, on December 27, 2013.
Virginia Marcks,
Manager, Infrastructure Engineering Center, Chicago, AJW-C15H, Federal
Aviation Administration.
[FR Doc. 2013-31543 Filed 1-3-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Rules and Regulations]
[Pages 43511-43513]
[FR Doc No: 2012-18154]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-0341]
RIN 1625-AA08

Special Local Regulations for Marine Events, Temporary Change of
Dates for Recurring Marine Events in the Fifth Coast Guard District,
Wrightsville Channel; Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement period
of one special local regulation for a recurring marine event in the
Fifth Coast Guard District, specifically the ``Wilmington YMCA
Triathlon'', locally known as the ``Beach 2 Battleship'', conducted on
the waters of Wrightsville Channel near Wrightsville Beach, North
Carolina. This Special Local Regulation is necessary to provide for the
safety of life on navigable waters during the event, which has been
rescheduled from the last Saturday in October or the first or second
Saturday in November to the third Saturday in October. This action is
intended to restrict vessel traffic on Wrightsville Channel during the
swimming portion of this event.

DATES: This rule is effective from September 15, 2012 until November
15, 2012. The regulated area discussed in this rule will be enforced on
October 20, 2012 from 7 a.m. until 11 a.m.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0341]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email BOSN4 Joseph M. Edge, Coast Guard Sector North Carolina,
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If
you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    Annually, since 2008, a regulation has been enforced for the
``Wilmington YMCA Triathlon'', locally known as the ``Beach 2
Battleship''. The event was recently added to 33 CFR 100.501 on January
19, 2012 in 77 FR 2629. Historically no comments or objections have
been received for the regulation. Based on tidal predictions the
sponsor has requested a change to the effective dates of this rule.
    On May 24, 2012 a Notice of Proposed Rule Making (NRPM) was
published in 33 FR 30929 reflecting the change to the effective dates.
We received no comments on the proposed rule. No public meeting was
requested, and none was held.

B. Basis and Purpose

    The YMCA sponsors an annual Triathlon, ``Wilmington YMCA
Triathlon'', locally known as the ``Beach 2 Battleship'', in the
Wrightsville Beach area of North Carolina. The Triathlon consists of
three events: a running portion, a bike-riding portion, and a swimming
portion. The swimming portion of the Triathlon takes place in the
waters adjacent to Wrightsville Beach. A special local regulation is
effective annually to create a safety zone for the swimming portion of
the Triathlon.
    The regulation listing annual marine events within the Fifth Coast
Guard District and corresponding dates is 33 CFR 100.501. The Table to
Sec.  100.501 identifies marine events by Captain of the Port zone.
This particular marine event is listed in section (d.) line No. 4 of
the table.
    The current regulation described in section (d.) line No. 4 of the
table indicates the Triathlon should take place this year on October
27, 2012, November 3, 2012 or November 10, 2012, this year. This
regulation changes the date for the event to take place on October 20,
2012 for this year only.
    The swim portion of the Triathlon, scheduled to take place on
Saturday October 20, 2012, will consist of two groups of 950 swimmers
entering Banks Channel at the Blockade Runner Hotel and swimming
northwest along Motts Channel to Seapath Marine. A fleet of spectator
vessels are expected to gather near the event site to view the
competition.
    To provide for the safety of the participants, spectators and other
transiting vessels, the Coast Guard will temporarily restrict vessel
traffic in the event area during this event. The regulation at 33 CFR
100.501 would be enforced from 7 a.m. to 11 a.m. on October 20, 2012;
vessels may not enter the regulated area unless they receive permission
from the Coast Guard Patrol Commander.

C. Discussion of Comments, Changes and the Final Rule

    We received no comments on the proposed rule. No public meeting was
requested, and none was held.
    The Coast Guard will temporarily suspend the regulation listed at
section (d.) line No. 4 in the Table to Sec.  100.501 and insert this
new temporary regulation at the Table to Sec.  100.501 line No. 5 in
order to reflect the change of date for this year's event. This change
is needed to accommodate the change in date of the annual Triathlon. No
other portion of the Table to Sec.  100.501 or other provisions in
Sec.  100.501 shall be affected by this regulation.
    This safety zone will restrict vessel movement on the specified
waters of Wrightsville Channel, Wrightsville Beach, NC. The regulated
area will be established in the interest of participant safety during
the swim portion of the ``Wilmington YMCA Triathlon'' and will be
enforced from 7 a.m. to 11 a.m. on October 20, 2012. The Coast Guard,
at its discretion, when deemed safe will allow the passage of vessels.
During the Marine Event no vessel will be allowed to transit the
waterway unless the vessel is given permission from the Patrol
Commander to transit the regulated segment of the waterway.
    Any vessel transiting the regulated area must do so at a no-wake
speed during the effective period. Nothing in this rule negates the
requirement to

operate at a safe speed as provided in the Navigational Rules and
Regulations.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Although this regulation
prevents traffic from transiting waters of Wrightsville Channel during
the event, the effect of this regulation will not be significant due to
the limited duration that the regulated area will be in effect.
Extensive advance notification will be made to the maritime community
via marine information broadcast and local area newspapers so mariners
can adjust their plans accordingly. Additionally, this rulemaking does
not change the permanent regulated areas that have been published in 33
CFR 100.501, Table to Sec.  100.501. Vessel traffic will be able to
transit the regulated area before and after the races, when the Coast
Guard Patrol Commander deems it is safe to do so. Coast Guard vessels
enforcing this regulated area can be contacted on marine band radio
VHF-FM channel 16 (156.8 MHz).

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: The owners of operators of vessels
intending to transit Wrightsville Channel from 7 a.m. to 11 a.m. on
October 20, 2012.
    This rule will not have a significant economic impact on
substantial number of small entities for the following reasons. The
regulation will be enforced for only two hours. Although the regulated
area will apply to Motts, Banks and Wrightsville Channels, traffic may
be allowed to pass through the regulated area with the permission of
the Coast Guard Patrol Commander. In the case where the Patrol
Commander authorizes passage through the regulated area, vessels shall
proceed at the minimum speed necessary to maintain a safe course that
minimizes wake near the swim course. The Patrol Commander will allow
non-participating vessels to transit the event area once all swimmers
are safely clear of navigation channels and vessel traffic areas.
Before the enforcement period, we will issue maritime advisories so
mariners can adjust their plans accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and

responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves implementation of regulations within 33
CFR Part 100 that apply to organized marine events on the navigable
waters of the United States that may have potential for negative impact
on the safety or other interest of waterway users and shore side
activities in the event area. This special local regulation is
necessary to provide for the safety of the general public and event
participants from potential hazards associated with movement of vessels
near the event area. We seek any comments or information that may lead
to the discovery of a significant environmental impact from this rule.
    This rule is categorically excluded from further review under
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A
preliminary environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. At Sec.  100.501, in the Table to Sec.  100.501, make the following
amendments:
0
a. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' suspend
entry (d)4.
0
b. Under ``(d) Coast Guard Sector North Carolina--COTP Zone,'' add
entry (d)5 to read as follows:

Sec.  100.501  Special Local Regulations; Recurring Marine Event in the
Fifth Coast Guard District.

* * * * *

                                (d.) Coast Guard Sector North Carolina--COTP Zone
----------------------------------------------------------------------------------------------------------------
      Number              Date                Event              Sponsor                    Location
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
5................  October 20, 2012,   Wilmington YMCA     Wilmington YMCA...  The waters of, and adjacent to,
                    from 7 a.m to 11    Triathlon.                              Wrightsville Channel from
                    a.m.                                                        Wrightsville Channel Day beacon
                                                                                14 (LLNR 28040), located at
                                                                                34[deg]12'18'' N, longitude
                                                                                077[deg]48'10'' W, to
                                                                                Wrightsville Channel Day beacon
                                                                                25 (LLNR 28080), located at
                                                                                34[deg]12'51'' N, longitude
                                                                                77[deg]48'53'' W.
----------------------------------------------------------------------------------------------------------------

    Dated: June 28, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-18154 Filed 7-24-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: April 12, 2006 (Volume 71, Number 70)]
[Notices]
[Page 18801-18802]
[DOCID:fr12ap06-131]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53604; File No. SR-Phlx-2006-19]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Orders Marked Sell Short Entered Before the Opening

April 5, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on March 22, 2006, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Phlx. The Phlx has designated the proposed rule change as constituting
a stated policy, practice, or interpretation with respect to the
meaning, administration, or enforcement of an existing rule series
under paragraph (f)(1) of Rule 19b-4 under the Act,\3\ which renders
the proposal effective upon filing with the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

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

    The Phlx, pursuant to Section 19(b)(1) of the Act \4\ and Rule 19b-
4 thereunder,\5\ proposes to interpret its rules to make certain market
and limit orders in Short Sale Exempt Securities \6\ received prior the
opening pursuant to Phlx Rule 229, Supplementary Material .06 and
.10(a)(iv), eligible for automatic execution, even though such orders
are marked sell short.
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ The Commission's Division of Market Regulation (the
``Division'') issued two no-action letters (the ``Two No-Action
Letters'') regarding broker-dealer marking requirements under Rule
200(g) of Regulation SHO. See Letter from James A. Brigagliano,
Assistant Director, Securities and Exchange Commission, to Ira
Hammerman, Senior Vice President and General Counsel, Securities
Industry Association, dated January 3, 2005 and letter from James A.
Brigagliano, Assistant Director, Commission, to Ira Hammerman,
Senior Vice President and General Counsel, Securities Industry
Association, dated April 15, 2005. As used in this proposed rule
change, Short Sale Exempt Securities means those securities traded
on the Phlx and described in one of the Two No-Action Letters.
---------------------------------------------------------------------------

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 Phlx 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 Phlx has prepared summaries, set forth in sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to treat orders received
over

PACE \7\ prior to the opening in a manner consistent with the treatment
expected by the member organizations entering the orders. Pursuant to
Phlx Rule 229, Supplementary Material .06 and .10(a)(iv), certain
market and limit orders received prior to the opening are eligible for
automatic execution at the opening price of the New York market,
unless, among other things, those orders are marked sell short.\8\
According to the Phlx, the reason for not automatically executing
orders marked sell short is to prevent a possible violation of the tick
test in Rule 10a-1 under the Act \9\ if an order marked sell short were
executed on an impermissible tick. However, in 2005, the Division
issued Two No-Action Letters, which allowed broker-dealers, such as
Phlx member organizations, to mark sell short orders in Short Sale
Exempt Securities that are not subject to any other exemption as ``sell
short'' instead of ``sell short exempt'' if those orders were sent to
exchanges which, among other things, ``have instituted procedures to
`mask' the short sale character of the transaction so they are executed
as short exempt.'' \10\ The Phlx has implemented such procedures to
mask the short sale character of transactions in Short Sale Exempt
Transactions so they are executed as short exempt. The Phlx notes that,
therefore, in reliance on the Two No-Actions Letters, Phlx member
organizations can mark such orders ``sell short''.
---------------------------------------------------------------------------

    \7\ PACE is the Exchange's automated order routing, delivery,
execution and reporting system for equities. See Phlx Rule 229.
    \8\ See Securities Exchange Act Release No. 52495 (September 22,
2005), 70 FR 56961 (September 29, 2005) (SR-Phlx-2005-14).
    \9\ 17 CFR 240.10a-1.
    \10\ See the Two No-Action Letters.
---------------------------------------------------------------------------

    Accordingly, in accordance with the Division's Two No-Action
Letters, eligible sell short orders received prior to the opening in
Short Sale Exempt Securities could now, by law, be automatically
executed on the Phlx without applying the tick test. However, pursuant
to Phlx's own rules, Phlx Rule 229, Supplementary Material .06 and
.10(a)(iv), orders marked ``sell short exempt'' are eligible for
automatic execution and orders marked ``sell short'' are not.
    The Phlx now proposes to interpret Phlx Rule 229, Supplementary
Material .06 and .10(a)(iv) to consider orders in Short Sale Exempt
Securities that are marked sell short as if they were marked sell short
exempt. The Phlx, therefore, notes that such orders in Short Sale
Exempt Securities that are marked sell short, if otherwise eligible,
would execute automatically, pursuant to Phlx Rule 229, Supplementary
Material .06 and .10(a)(iv). The Phlx believes that this interpretation
conforms to the intention of member organizations entering orders
marked sell short in Short Sale Exempt Securities, because, relying on
the Two No-Action Letters, such member organization would expect such
order to be treated as if it were, in fact, marked sell short exempt.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \11\ in general, and furthers the objectives of Section
6(b)(5) of the Act \12\ in particular, in that it is designed to
promote just and equitable principles of trade, 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, by treating orders entered by member organizations in a
manner consistent with their expectations.
---------------------------------------------------------------------------

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

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

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

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act and paragraph (f)(1) of Rule 19b-4 thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission may summarily abrogate such rule change if it appears to
the Commission that such action is necessary or appropriate in the
public interest, for the protection of investors, or otherwise in
furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2006-19 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-Phlx-2006-19. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of the
filing also will be available for inspection and copying at the
principal office of the Phlx. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2006-19 and should be submitted on or before May 3,
2006.
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
Nancy M. Morris,
Secretary.
[FR Doc. E6-5367 Filed 4-11-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Notices]
[Pages 75188-75190]
[FR Doc No: 2016-26072]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; Fiat Chrysler Automobiles US LLC

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Grant of petition for exemption.

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

SUMMARY: This document grants in full the Fiat Chrysler Automobiles US
LLC, (FCA) petition for exemption of the ``MP'' MPV line in accordance
with 49 CFR part 543, Exemption from Vehicle Theft Prevention Standard.
This petition is granted because the agency has determined that the
antitheft device to be placed on the line as standard equipment is
likely to be as effective in reducing and deterring motor vehicle theft
as compliance with the parts-marking requirements of 49 CFR part 541,
Federal Motor Vehicle Theft Prevention Standard. (Theft Prevention
Standard). FCA also requested confidential treatment for specific
information in its petition. While official notification granting or
denying its request for confidential treatment will be addressed by
separate letter, no confidential information provided for purposes of
this notice has been disclosed.

DATES: The exemption granted by this notice is effective beginning with
2017 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, International
Policy, Fuel Economy and Consumer Programs, NHTSA, West Building, W43-
439, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Ballard's
phone number is<PHONE_NUMBER>. Her fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In a petition dated June 1, 2016, FCA
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard for its ``MP'' MPV line beginning with MY 2017. The
petition requested an exemption from parts-marking pursuant to 49 CFR
part 543, Exemption from Vehicle Theft Prevention Standard, based on
the installation of an antitheft device as standard equipment for the
entire vehicle line.
    Under 49 CFR part 543.5(a), a manufacturer may petition NHTSA to
grant an exemption for one vehicle line per model year. In its
petition, FCA provided a detailed description and diagram of the
identity, design, and location of the components of the antitheft
device for its ``MP'' MPV line. FCA stated that its MY 2017 ``MP'' MPV
line will be installed with the Sentry Key Immobilizer System (SKIS)/
MiniCrypt antitheft device as standard equipment on the entire vehicle
line. The SKIS will provide passive vehicle protection by preventing
the engine from operating unless a valid electronically encoded key is
detected in the ignition system of the vehicle. Key components of the
antitheft device will include an immobilizer, Radio Frequency Hub
Module (RFHM), Engine Control Module (ECM), Body Controller

Module (BCM), the transponder key which performs the immobilizer
function and an Instrument Panel Cluster (IPC) which contains the
telltale function only. According to FCA, all of these components work
collectively to perform the immobilizer function. FCA stated that the
SKIS does not provide an audible alert, however, the vehicle will be
equipped with a security indicator in the instrument panel cluster that
will flash if an invalid transponder key is detected.
    FCA's submission is considered a complete petition as required by
49 CFR 543.7 in that it meets the general requirements contained in
543.5 and the specific content requirements of 543.6.
    In addressing the specific content requirements of 49 CFR part
543.6, FCA provided information on the reliability and durability of
the device. FCA conducted tests based on its own specified standards
(i.e., voltage range and temperature range) and stated its belief that
the device meets the stringent performance standards prescribed.
Specifically, FCA stated that its device must demonstrate a minimum of
95 percent reliability with 90 percent confidence. In addition to the
design and validation test criteria, FCA stated that 100% of its
systems undergo a series of three functional tests prior to being
shipped from the supplier to the vehicle assembly plant for
installation in the vehicles.
    FCA stated that the SKIS will be placed on its keyless entry and
keyed vehicles. According to FCA, in its keyed vehicles, the SKIS
immobilizer feature is activated when the key is removed from the
ignition system (whether the doors are open or not). Specifically, the
RFHM is paired with the IGNM that contains either a rotary ignition
switch (keyed vehicles) or a START/STOP push button (keyless vehicles).
FCA stated that the functions and features of the SKIS are all integral
to the BCM in this vehicle. The RFHM contains a Radio Frequency (RF)
transceiver and a microprocessor and it initiates the ignition process
by communicating with the BCM through SKIS. The microprocessor-based
SKIS hardware and software also uses electronic messages to communicate
with other electronic modules in the vehicle.
    FCA also stated that, in its keyed vehicles, the SKIS uses RF
communication to obtain confirmation that the transponder key is a
valid key to operate the vehicle. The RFHM receives Low Frequency (LF)
and/or RF signals from the Sentry Key transponder. For its keyed
vehicles, the IGNM transmits an LF signal to excite the transponder in
the key when the ignition switch is turned to the ON position. The IGNM
waits for a signal response from the transponder and transmits the
response to the RFHM. If the response identifies that the transponder
key is invalid or if no response is received from the transponder key,
the RFHM will send an invalid key message to the Engine Control Module,
which will disable engine operation and immobilize the vehicle after
two seconds of running.
    Only a valid key inserted into the ignition system will allow the
vehicle to start and continue to run. FCA stated that, in its keyless
vehicles, the RFHM is connected to a Keyless Ignition Node (KIN) with a
START/STOP push button as an ignition switch. FCA stated that when the
keyless START/STOP button is pressed, the RFHM transmits a signal to
the transponder key through LF antennas to the RFHM. The RFHM then
waits for a signal from the key FOB transponder. If the response from
the transponder identifies the transponder key as invalid or the
transponder key is not within the car's interior, the engine will be
disabled and the vehicle will be immobilized after two seconds of
running.
    To avoid any perceived delay when starting the vehicle with a valid
transponder key and also to prevent unburned fuel from entering the
exhaust, FCA stated that the engine is permitted to run for no more
than two seconds if an invalid transponder key is used. Additionally,
FCA stated that only six consecutive invalid vehicle start attempts
will be permitted and that all other attempts will be locked out by
preventing the fuel injectors from firing and the starter will be
disabled.
    FCA stated that its vehicles are also equipped with a security
indicator that acts as a diagnostic indicator. FCA stated that if the
RFHM detects an invalid transponder key or if a transponder key related
fault occurs, the security indicator will flash. If the RFHM detects a
system malfunction or the SKIS becomes ineffective, the security
indicator will stay on. The SKIS also performs a self-test each time
the ignition system is turned to the RUN position and will store fault
information in the form of a diagnostic trouble code in RFHM memory if
a system malfunction is detected. FCA also stated that the vehicle is
equipped with a Customer Learn transponder programming feature that
when in use will cause the security indicator to flash.
    FCA stated that each ignition key used in the SKIS has an integral
transponder chip included on the circuit board. Each transponder key
has a unique transponder identification code that is permanently
programmed into it by the manufacturer and must be programmed into the
RFHM to be recognized by the SKIS as a valid key. FCA stated that once
a Sentry Key has been programmed to a particular vehicle, it cannot be
used on any other vehicle.
    FCA further stated that it expects the `MP' MPV vehicle line to
mirror the lower theft rate results achieved by the Jeep Grand Cherokee
vehicle line when ignition immobilizer systems were installed as
standard equipment on the line. FCA stated that it has offered the SKIS
immobilizer device as standard equipment on all Jeep Grand Cherokee
vehicles since the 1999 model year. According to FCA, the average theft
rate, based on NHTSA's theft rate data, for Jeep Grand Cherokee
vehicles for the four model years prior to 1999 (1995-1998), when a
vehicle immobilizer device was not installed as standard equipment, was
5.3574 per one thousand vehicles produced and significantly higher than
the 1990/1991 median theft rate of 3.5826. However, FCA also indicated
that the average theft rate for the Jeep Grand Cherokee for the nine
model years (1999-2009, excluding MY 2007 and 2009) after installation
of the standard immobilizer device was 2.5704, which is significantly
lower than the median. The Jeep Grand Cherokee vehicle line was granted
an exemption from the parts-marking requirements beginning with MY 2004
(67 FR 79687, December 30, 2002). FCA further exerts that NHTSA's theft
data for the Jeep Grand Cherokee indicates that the inclusion of a
standard immobilizer device resulted in a 52 percent net average
reduction in vehicle thefts.
    Based on the evidence submitted by FCA, the agency believes that
the antitheft device for the `MP' MPV line is likely to be as effective
in reducing and deterring motor vehicle theft as compliance with the
parts-marking requirements of the Theft Prevention Standard (49 CFR
41). The agency concludes that the device will provide four of the five
types of performance listed in 49 CFR part 543.6(a)(3): promoting
activation; preventing defeat or circumvention of the device by
unauthorized persons; preventing operation of the vehicle by
unauthorized entrants; and ensuring the reliability and durability of
the device.
    Pursuant to 49 U.S.C. 33106 and 49 CFR part 543.7(b), the agency
grants a petition for exemption from the parts-marking requirements of
part 541, either in whole or in part, if it determines that, based upon
substantial evidence, the

standard equipment antitheft device is likely to be as effective in
reducing and deterring motor vehicle theft as compliance with the
parts-marking requirements of part 541. The agency finds that FCA has
provided adequate reasons for its belief that the antitheft device for
the vehicle line is likely to be as effective in reducing and deterring
motor vehicle theft as compliance with the parts-marking requirements
of the Theft Prevention Standard (49 CFR part 541). This conclusion is
based on the information FCA provided about its device.
    For the foregoing reasons, the agency hereby grants in full CFCA's
petition for exemption for its `MP' MPV line from the parts-marking
requirements of 49 CFR part 541, beginning with its `MP' MPV model year
vehicles. The agency notes that 49 CFR part 541, Appendix A-1,
identifies those lines that are exempted from the Theft Prevention
Standard for a given model year. 49 CFR part 543.7(f) contains
publication requirements incident to the disposition of all part 543
petitions. Advanced listing, including the release of future product
nameplates, the beginning model year for which the petition is granted
and a general description of the antitheft device is necessary in order
to notify law enforcement agencies of new vehicle lines exempted from
the parts marking requirements of the Theft Prevention Standard. FCA
stated that an official nameplate for the vehicle has not yet been
determined. However, as a condition to the formal granting of FCA's
petition for exemption from the parts-marking requirements of 49 CFR
part 541 for the MY 2017 `MP' MPV line, the agency fully expects FCA to
notify the agency of the nameplate for the vehicle line prior to its
introduction into the United States commerce for sale.
    If FCA decides not to use the exemption for this vehicle line, it
must formally notify the agency. If such a decision is made, the
vehicle line must be fully marked as required by 49 CFR parts 541.5 and
541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if FCA wishes in the future to modify the device
on which this exemption is based, the company may have to submit a
petition to modify the exemption. 49 CFR part 543.7(d) states that a
part 543 exemption applies only to vehicles that belong to a line
exempted under this part and equipped with the anti-theft device on
which the line's exemption is based. Further, 49 CFR part 543.9(c)(2)
provides for the submission of petitions ``to modify an exemption to
permit the use of an antitheft device similar to but differing from the
one specified in that exemption.''
    The agency wishes to minimize the administrative burden that 49 CFR
part 543.9(c)(2) could place on exempted vehicle manufacturers and
itself. The agency did not intend in drafting part 543 to require the
submission of a modification petition for every change to the
components or design of an antitheft device. The significance of many
such changes could be de minimis. Therefore, NHTSA suggests that if the
manufacturer contemplates making any changes, the effects of which
might be characterized as de minimis, it should consult the agency
before preparing and submitting a petition to modify.

    Issued in Washington, DC under authority delegated in 49 CFR
part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2016-26072 Filed 10-27-16; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Rules and Regulations]
[Pages 30347-30349]
[FR Doc No: 2015-12654]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1003; Directorate Identifier 2013-NE-33-AD;
Amendment 39-18163; AD 2015-10-07]
RIN 2120-AA64

Airworthiness Directives; Turbomeca S.A. Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are superseding airworthiness directive (AD) 2014-01-01 for
all Turbomeca S.A. Arrius 2F turboshaft engines. AD 2014-01-01 required
a one-time inspection of the ejector assembly nozzle of certain serial
number (S/N) lubricating devices and, if a discrepancy was found,
removal and replacement of the affected ejector assembly nozzle with a
part eligible for installation. This AD requires the same action as AD
2014-01-01 and expands the list of affected S/N lubricating devices.
This AD was prompted by the determination that additional lubricating
devices, identifiable by S/N, may have an incorrect bonding of the
nozzle on the ejector assembly. We are issuing this AD to prevent
failure of the ejector assembly nozzle, which could lead to an in-
flight shutdown (IFSD) of the engine, damage to the engine, and damage
to the helicopter.

DATES: This AD is effective June 12, 2015.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 12,
2015.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
February 6, 2014 (79 FR 3481, January 22, 2014).
    We must receive any comments on this AD by July 13, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Turbomeca
S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74 40 00; telex: 570 042;
fax: 33 (0)5 59 74 45 15. You may view this service information at the
FAA, Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>. It is also available on the Internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2013-1003.

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-2013-
1003; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the mandatory continuing airworthiness information,
regulatory evaluation, any comments received, and other information.
The address for the Docket Office (phone:<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Philip Haberlen, Aerospace Engineer,

Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2013-1003; Directorate Identifier 2013-NE-33-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Discussion

    On January 2, 2014, we issued AD 2014-01-01, Amendment 39-17724 (79
FR 3481, January 22, 2014), (``AD 2014-01-01''), for all Turbomeca S.A.
Arrius 2F turboshaft engines. AD 2014-01-01 required a one-time
inspection of the ejector assembly nozzle of certain S/N lubricating
devices and, if a discrepancy was found, removal and replacement of the
affected ejector assembly nozzle with a part eligible for installation.
AD 2014-01-01 resulted from an IFSD of an Arriel 1 engine. We issued AD
2014-01-01 to prevent failure of the ejector assembly nozzle, which
could lead to an IFSD of the engine, damage to the engine, and damage
to the helicopter.

Actions Since AD 2014-01-01 Was Issued

    Since we issued AD 2014-01-01 it has been determined that
additional lubricating devices, identifiable by S/N, may have the same
unsafe condition, an incorrect bonding of the nozzle on the ejector
assembly. Also since we issued AD 2014-01-01, the European Aviation
Safety Agency (EASA) has issued AD 2015-0057, dated April 1, 2015,
which requires inspection, and replacement as necessary, of the
affected lubricating devices.

Related Service Information Under 1 CFR Part 51

    We reviewed Turbomeca S.A. Mandatory Service Bulletin (MSB) No. 319
79 4835, Version B, dated February 12, 2015. The MSB describes
procedures for inspecting the ejector assembly nozzle and, if
necessary, replacing the ejector assembly nozzle. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section of this AD.

FAA's Determination

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

AD Requirements

    This AD requires a one-time inspection of the ejector assembly
nozzle of certain S/N lubricating devices and, for any ejector assembly
nozzle that fails inspection, removal and replacement with a part
eligible for installation.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because of
the short compliance time requirement. Therefore, we find that notice
and opportunity for prior public comment are impracticable and that
good cause exists for making this amendment effective in less than 30
days.

Costs of Compliance

    We estimate that this AD affects 96 engines installed on
helicopters of U.S. registry. We also estimate that it will take about
1 hour per engine to comply with this AD. The average labor rate is $85
per hour. Required parts cost about $563 per engine. Based on these
figures, we estimate the cost of this AD on U.S. operators to be
$62,208.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2014-01-01, Amendment 39-17724 (79 FR 3481, January 22, 2014), and
adding the following new AD:

2015-10-07 Turbomeca S.A.: Amendment 39-18163; Docket No. FAA-2013-
1003; Directorate Identifier 2013-NE-33-AD.

(a) Effective Date

    This AD is effective June 12, 2015.

(b) Affected ADs

    This AD supersedes AD 2014-01-01, Amendment 39-17724 (79 FR
3481, January 22, 2014).

(c) Applicability

    This AD applies to all Turbomeca S.A. Arrius 2F turboshaft
engines.

(d) Unsafe Condition

    This AD was prompted by the determination that additional
lubricating devices, identifiable by serial number (S/N), may have
an incorrect bonding of the nozzle on the ejector assembly. We are
issuing this AD to prevent failure of the ejector assembly nozzle,
which could lead to an in-flight shutdown of the engine, damage to
the engine, and damage to the helicopter.

(e) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) For engines equipped with a lubricating device having an S/N
listed in Figure 1 to paragraph (e) of this AD, within 30 days after
the effective date of this AD, inspect the ejector assembly nozzle
and the tightening torque. Use paragraphs <IP_ADDRESS> through
<IP_ADDRESS>.4.2 of Turbomeca Mandatory Service Bulletin (MSB) No. 319 79
4835, Version B, dated February 12, 2015, to do the inspection.
    (2) For any part that fails the inspection required by paragraph
(e)(1) of this AD, before further flight, remove and replace the
failed part with a part eligible for installation.

    Figure 1 to Paragraph (e)--S/N's of Affected Lubricating Devices
------------------------------------------------------------------------

------------------------------------------------------------------------
         100           140M           185M            247          436M
        105M           141M           190M           255M          443M
         106           142B           191M           266M          445M
        107B           146M           195M           278M          451M
        109M           147M           198M           292M          467M
        112B           156M           202M           304M          477M
        112M           159M           204M           330M          479M
        114B           164M           207M           334M          483M
        124B            178           210M           369M          484M
        125M           178M           213M           384M          512M
        129M            180           218M           391M          526M
        135B           180M           222M           392M          563M
        135M           181M           244M           417M
------------------------------------------------------------------------

(f) Credit for Previous Actions

    If you inspected the ejector assembly nozzle of any lubricating
device having an S/N listed in Figure 1 to paragraph (e) of this AD
before the effective date of this AD, using the instructions of
Turbomeca S.A. MSB No. 319 79 4835, Version A, dated May 22, 2013,
you met the requirements of paragraph (e) of this AD for that S/N
lubricating device.

(g) Installation Prohibition

    After the effective date of this AD, do not return to service
any engine having a lubricating device with an S/N listed in Figure
1 to paragraph (e) of this AD, unless the engine has been inspected
per the requirements of paragraph (e) of this AD.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(i) Related Information

    (1) For more information about this AD, contact Philip Haberlen,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2015-0057,
dated April 1, 2015, for more information. You may examine the MCAI
in the AD docket on the Internet at http://www.regulations.gov by
searching for and locating it in Docket No. FAA-2013-1003.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
June 12, 2015.
    (i) Turbomeca S.A. Mandatory Service Bulletin (MSB) No. 319 79
4835, Version B, dated February 12, 2015.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
February 6, 2014 (79 FR 3481, January 22, 2014).
    (i) Turbomeca S.A. MSB No. 319 79 4835, Version A, dated May 22,
2013.
    (ii) Reserved.
    (5) For Turbomeca S.A. service information identified in this
AD, contact Turbomeca S.A., 40220 Tarnos, France; phone: 33 (0)5 59
74 40 00; telex: 570 042; fax: 33 (0)5 59 74 45 15.
    (6) You may view this service information at FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (7) You may view this service information at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on May 13, 2015.
Colleen M. D'Alessandro,
Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2015-12654 Filed 5-27-15; 8:45 am]
 BILLING CODE 4910-13-P