[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Proposed Rules]
[Pages 35783-35785]
[FR Doc No: 2023-11584]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1046; Project Identifier AD-2023-00253-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 757-200, -200CB, and -300 series
airplanes. This proposed AD was prompted by a report of a crack at
fuselage station (STA) 1640 frame web common to the lower hinge
intercostal tee clip inboard and center holes of the upper fastener
row. This proposed AD would require a maintenance records check for
existing repairs at STA 1640, repetitive ultrasonic (UT) inspections
for cracking of the frame web, and applicable on-condition actions. The
FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by July 17,
2023.

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 regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1046; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Boulevard, MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; website: myboeingfleet.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th Street, Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov by searching for and locating Docket No. FAA-2023-1046.

FOR FURTHER INFORMATION CONTACT: Wayne Ha, Aviation Safety Engineer,
Continued Operational Safety Branch, FAA, 2200 South 216th Street, Des
Moines, WA 98198; phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1046; Project Identifier
AD-2023-00253-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

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

Background

    The FAA has received a report of a 0.16-inch crack at STA 1640
frame web common to the lower hinge intercostal tee clip inboard and
center holes of the upper fastener row on a 757-200 airplane with
27,754 flight cycles and 79,425 flight hours. The crack was found by an
operator accomplishing a frame segment replacement as part of a repair
following Boeing Service Bulletin 757-53A0108 inspections (which is
required by AD 2020-20-10, Amendment 39-21266 (85 FR 63002, October 6,
2020) (AD 2020-20-10)). AD 2020-20-10 requires an inspection of the STA
1640 fuselage frame between S-11 and S-16 for existing frame repairs or
replacements, a detailed inspection for any crack, nick, or gouge, and
repetitive high frequency eddy current (HFEC) and low frequency eddy
current (LFEC) inspections for cracking and repair. The FAA issued AD
2020-20-10 to address cracking of the fuselage frame at STA 1640, which
could result in reduced structural integrity of the airplane.
    A damage tolerance analysis showed that existing Maintenance
Planning Data (MPD) tasks and the inspections specified in Boeing Alert
Service Bulletin 757-53A0108 are not adequate to find any crack in the
STA 1640 frame web area common to the lower hinge intercostal tee clip
inboard and center holes of the upper fastener row. This STA 1640 frame
web crack is attributed to fatigue caused by flight loads and
pressurization of the fuselage with higher than predicted stresses at
this location. Additionally, for airplanes with Aviation Partners
Boeing (APB) blended or scimitar blended winglets installed in
accordance with

Supplemental Type Certificate (STC) ST01518SE, the compliance times
will be reduced by a factor of two compared to airplanes without these
winglets. This condition could result in an undetected crack in the STA
1640 frame web common to the lower hinge intercostal tee clip inboard
and center holes of the upper fastener row. Such cracking if not
addressed, could result in the inability of a principal structural
element to sustain limit loads which could adversely affect the
structural integrity of the airplane.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 757-53A0121 RB,
dated September 28, 2022. This service information specifies procedures
for a maintenance records check of the left and right side STA 1640
frame web between S-9 and S-20 for existing repair; repetitive UT
inspections of the frame web for any cracks; and applicable on-
condition actions. On-condition actions include repair.
    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 ADDRESSES section.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described except for any differences
identified as exceptions in the regulatory text of this proposed AD.
For information on the procedures and compliance times, see this
service information at regulations.gov under Docket No. FAA-2023-1046.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 309 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Maintenance records check........  1 work-hour x $85              $0  $85.................  $26,265.
                                    per hour = $85.
Ultrasonic inspection............  39 work-hour x $85              0  $3,315 per            $1,024,335 per
                                    per hour = $3,315                  inspection cycle.     inspection cycle.
                                    per inspection
                                    cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this proposed AD.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

The Boeing Company: Docket No. FAA-2023-1046; Project Identifier AD-
2023-00253-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by July 17, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200, -200CB, and
-300 series airplanes, certificated in any category, as identified
in Boeing Alert Requirements Bulletin 757-53A0121 RB, dated
September 28, 2022.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of a crack at fuselage station
(STA) 1640 frame web common to the lower hinge intercostal tee clip
inboard and center holes of the upper fastener row. This condition,
if not addressed, could result in the inability of a principal
structural element to sustain limit loads, which could adversely
affect the structural integrity of the airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert

Requirements Bulletin 757-53A0121 RB, dated September 28, 2022, do
all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
757-53A0121 RB, dated September 28, 2022.

    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
757-53A0121, dated September 28, 2022, which is referred to in
Boeing Alert Requirements Bulletin 757-53A0121 RB, dated September
28, 2022.

(h) Exceptions to Service Information Specifications

    (1) Where the Compliance Time columns of the tables in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 757-
53A0121 RB, dated September 28, 2022, use the phrase ``the original
issue date of Requirements Bulletin 757-53A0121 RB,'' this AD
requires using ``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 757-53A0121 RB,
dated September 28, 2022, specifies contacting Boeing for repair
instructions or for alternative inspections: This AD requires doing
the repair, or doing the alternative inspections and applicable on-
condition actions using a method approved in accordance with the
procedures specified in paragraph (i) of this AD.
    (3) For airplanes with Aviation Partners Boeing (APB) blended or
scimitar blended winglets installed in accordance with Supplemental
Type Certificate (STC) ST01518SE: This AD requires dividing the
applicable compliance times and repeat intervals specified in in the
``Compliance'' paragraph of Boeing Alert Requirements Bulletin 757-
53A0121 RB, dated September 28, 2022, by a factor of two.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Continued Operational Safety Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (j) of this AD. Information may
be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager,
Continued Operational Safety Branch, FAA, to make those findings. To
be approved, the repair method, modification deviation, or
alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.

(j) Related Information

    For more information about this AD, contact Wayne Ha, Aviation
Safety Engineer, Continued Operational Safety Branch, FAA, 2200
South 216th Street, Des Moines, WA 98198; phone:<PHONE_NUMBER>;
email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 757-53A0121 RB, dated
September 28, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Boulevard, MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; website: myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 11, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-11584 Filed 5-31-23; 8:45 am]
BILLING CODE 4910-13-P


57 Table 6. Species Numbers Used in Figure 4 Species # Species N 1 Worm, Lumbriculus variegatus 3 2 Snail, Campeloma decisum 2 3 Snail, Juga plicifera 1 4 Snail, Lithoglyphus virens 1 5 Snail, Physa integra 2 6 Freshwater mussel, Actinonaias pectorosa 2 7 Freshwater mussel, Utterbackia imbecillis 8 8 Cladoceran, Ceriodaphnia dubia 24 9 Cladoceran, Daphnia magna 31 10 Cladoceran, Daphnia pulicaria 24 11 Cladoceran, Scapholeberis sp. 1 12 Amphipod, Gammarus pseudolimnaeus 2 13 Amphipod, Hyallela azteca 7 14 Stonefly, Acroneuria lycorias 1 15 Midge, Chironomus decorus 1 16 Shovelnose sturgeon, Scaphirhynchus platorynchus 1 17 Apache trout, Oncorhynchus apache 1 18 Cutthroat trout, Oncorhynchus clarki 11 19 Pink salmon, Oncorhynchus gorbuscha 3 20 Coho salmon, Oncorhynchus kisutch 7 21 Rainbow trout, Oncorhynchus mykiss 37 22 Sockeye salmon, Oncorhynchus nerka 10 23 Chinook salmon, Oncorhynchus tshawytscha 12 24 Bull trout, Salvelinus confluentus 5 25 Chiselmouth, Acrocheilus alutaceus 1 26 Bonytail chub, Gila elegans 1 27 Golden shiner, Notemigonus crysoleucas 1 28 Fathead minnow, Pimephales promelas 150 29 Colorado squawfish, Ptychocheilus lucius 2 30 Northern squawfish, Ptychocheilus oregonensis 2 31 Razorback sucker, Xyrauchen texanus 2 32 Gila topminnow, Poeciliposis occidentalis 1 33 Bluegill, Lepomis macrochirus 4 34 Fantail darter, Etheostoma flabellare 4 35 Greenthroat darter, Etheostoma lepidum 1 36 Johnny darter, Etheostoma nigrum 4 37 Fountain darter, Etheostoma rubrum 1 38 Boreal toad ( tadpole), Bufo boreas 1 58


[Federal Register: October 19, 2010 (Volume 75, Number 201)]
[Rules and Regulations]
[Page 64111-64120]
[DOCID:fr19oc10-1]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1013; Directorate Identifier 2010-CE-048-AD;
Amendment 39-16478; AD 2010-21-18]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company (Cessna) Models
336, 337, 337A (USAF 02B), 337B, M337B (USAF 02A), T337B, 337C, T337C,
337D, T337D, 337E, T337E, 337F, T337F, 337G, T337G, 337H, P337H, T337H,
T337H-SP, F337E, FT337E, F337F, FT337F, F337G, FT337GP, F337H, and
FT337HP Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD requires inspecting the wings for
internal and external damage, repairing any damage found, installing an
operational limitation placard in the cockpit, adding limitations to
the flight manual supplement, and reporting the results of the
inspection to the FAA if damage is found. This AD was prompted by a
wing overload failure and by reports of cracks in the upper wing skins
on certain Cessna airplanes that are or have ever been modified by
Aviation Enterprises Supplemental Type Certificate (STC) SA02055AT,
SA02056AT, SA02307AT, or SA02308AT. We are issuing this AD to detect
and correct damage in the wings and to prevent overload failure of the
wing due to the installation of the STCs. Damage in the wing or
overload failure of the wing could result in structural failure of the
wing, which could result in loss of control.

DATES: This AD is effective November 3, 2010.
    We must receive comments on this AD by December 3, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: William O. Herderich, Aerospace
Engineer, FAA, Atlanta Aircraft Certification Office, 1701 Columbia
Avenue, College Park, Georgia 30337; phone:<PHONE_NUMBER>; fax: (404)
474-5605; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    In September 2000, we were notified of structural wing damage to a
Cessna Model T337G airplane equipped with Aviation Enterprises wing
extensions STC SA02055AT. The damage was described as starting with
loose and working (smoking) rivets in the upper surface of the wing,
progressing to buckling of the skins just outboard of the fuel tank
access covers, loose wing extensions, and finally cracking in the wing
skins. Based on discussions with the STC holder at that time, we
believed that the damage to the airplane was the result of operation
from unimproved airstrips and was an isolated event. In response to
this event, Aviation Enterprises issued Wing Extension Service Letter
AE 01-11-00. This letter recommended installing a placard on the
instrument panel advising the pilot of weight and airspeed limitations
and notes that landing on unpaved runways is not recommended. No
further action was taken at this time.
    About ten years later, in February 2010, we received a report of an
accident involving a Cessna Model 337 airplane modified with Aviation
Enterprises wing extensions STC SA02055AT (along with Aviation
Enterprises STC SA01094AT winglets). Investigation of the incident
revealed cracks in the upper wing skins just outboard of the fuel tank
access covers near wing station (WSTA) 150. The cracks were on both
wings of the airplane and covered by repair patches. The wing skin
cracks matched the description of those found in the September 2000
incident.
    In response to these problems and without determining that there
was an unsafe condition under 14 CFR part 39, we issued Special
Airworthiness Information Bulletin (SAIB) CE-10-20. This SAIB
recommended that Cessna Model 336 and 337 series airplanes equipped
with wingtip extensions have a one-time inspection for internal and
external damage from WSTA 23 to the wing tip within the next 100 hours
time-in-service. The SAIB listed focused inspection areas based on the
previously reported damage. The SAIB also contained a request for the
inspection results to be sent to the FAA if damage was found.
    As a result of the inspection report request in the SAIB, one
report was received. In this report, it was stated that the damage to
the airplane included loose and working (smoking) rivets in the upper
surface of the wing, buckling of the upper surface skins and stringers
just outboard of the fuel tanks access covers, and cracking in the wing
skins. There was also an upper surface skin buckle near WSTA 60 near
the boom. The cracks on this airplane match those found from both
previously referenced incidents. In all reported cases, the skin cracks
occurred in the wing skin under and just outboard of the wing tank
access cover. However, the location of the cracks on this aircraft was
at WSTA

177, further outboard than the previously noted airplanes, because this
airplane had additional extended range fuel tanks.
    Further inspection revealed additional damage on the airplane that
appeared to be a result of the installation of the wing extension
modification. There was damage to the left and right WSTA 222 ribs,
which had been torn, from the aft lightening hole to the lower surface
and was bent down to allow installation of the wing extension fuel
line. The fuel line appeared to be chafing on the torn metal. Also,
extra holes drilled through the spar cap were found at several span-
wise locations that were consistent with the stall fence attachments.
These holes had been tapped (threaded) and were left open with no
fastener installed. One of the holes was located so close to the edge
of the spar cap, it was breaking out of the edge and was also located
immediately adjacent to a fastener for the fuel tank access cover. Also
found was the lack of nuts used for the wing extension attaching
screws. It appeared that the holes in the substructure (skins, ribs,
and spars) were tapped (threaded) to accept screws, rather than use
nuts. Several access holes were also found cut into the lower surface
of the skin that had no reinforcement.
    The FAA reviewed information from the accident investigation, a
number of service difficulty reports (SDRs), and data submitted by
Aviation Enterprises for demonstrating compliance to the airworthiness
standards. Based on the investigation, the FAA determined that Aviation
Enterprises may not have adequately substantiated the wing structure
for the increased limit and ultimate loads resulting from the wing
extension. We also determined that weight, airspeed, ballast, and ``g''
limit restrictions need to be placed on these airplanes to allow them
to operate within the minimum margins of safety.
    These conditions, if not corrected, could result in structural
failure of the wing, which could result in loss of control.

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 inspecting the wings for internal and external
damage, repairing any damage found, installing an operational
limitation placard in the cockpit, and adding limitations to the flight
manual supplement. The AD also requires reporting the results of the
inspection to the FAA if damage is found.

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
cracks in the wings and potential for wing overload could result in
structural failure of the wing, which could result in loss of control.
    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.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. 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 the docket number FAA-2010-1013 and
Directorate Identifier 2010-CE-048-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.

Costs of Compliance

    We estimate that this AD affects 12 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of the wing for        20 work-hours x     Not applicable....  $1,700 per          $20,400 per
 damage.                           $85 per hour =                          inspection cycle.   inspection cycle.
                                   $1,700 per
                                   inspection cycle.
Installing a placard in the       4 work-hours x $85  Not applicable....  $340..............  $4,080.
 cockpit.                          per hour = $340.
Modifying the Limitations         4 work-hours x $85  Not applicable....  $340..............  $4,080.
 section of the Aviation           per hour = $340.
 Enterprises Aircraft Flight
 Manual Supplement.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that
will be required based on the results of the inspection. The cost for
repair may vary from as little as replacing a bolt to as much as
replacing a wing. We have no way of determining the number of aircraft
that will need these repairs and the extent of the repair necessary.
Below are estimates of some possible necessary repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                       Labor cost                            Parts cost
----------------------------------------------------------------------------------------------------------------
Install reinforcements around wing    12 work-hours x $85     $50.
 access holes cutouts, 2 per hole, 6   per hour = $1,020.
 holes per airplane.
Replace upper outboard wing skins,    26 work-hours x $85     $100 per side x 2 sides = $200.
 13 per side, 2 sides per airplane.    per hour = $2,210.
Replace upper surface outboard        2 work-hours per        $100.
 stringers, 6 stringers per airplane.  stringer, 6 stringers
                                       per airplane = 12
                                       work-hours x $85 per
                                       hour = $1,020.

Replace screws with aviation          40 work-hours x $85     $50.
 standard fasteners with nuts/         per hour = $3,400.
 collars in cleaned up holes, 20
 screws per side, 2 sides per
 airplane.
Spar repair (possible splice          20 work-hours per       $100 per location.
 replacement and repairing 4 holes).   repair per location x
                                       $85 per hour = $1,700.
Repair torn WSTA 222 Rib............  5 work-hours per side,  $50.
                                       2 sides per airplane
                                       = 10 work-hours x $85
                                       per hour = $850.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2010-21-18 Cessna Aircraft Company: Amendment 39-16478; Docket No.
FAA-2010-1013; Directorate Identifier 2010-CE-048-AD.

Effective Date

    (a) This AD is effective November 3, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Cessna Aircraft Company (Cessna) Models
336, 337, 337A (USAF 02B), 337B, M337B (USAF 02A), T337B, 337C,
T337C, 337D, T337D, 337E, T337E, 337F, T337F, 337G, T337G, 337H,
P337H, T337H, T337H-SP, F 337E, FT337E, F 337F, FT337F, F 337G,
FT337GP, F337H, and FT337HP airplanes, all serial numbers, that:
    (1) Are certificated in any category; and
    (2) Are or have ever been modified by Aviation Enterprises
Supplemental Type Certificate (STC) SA02055AT, SA02056AT, SA02307AT,
or SA02308AT.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 57; Wings.

Unsafe Condition

    (e) This AD was prompted by a wing overload failure and by
reports of cracks in the upper wing skins on certain Cessna
airplanes that are now or have ever been modified by Aviation
Enterprises STC SA02055AT, SA02056AT, SA02307AT, or SA02308AT. We
are issuing this AD to detect and correct damage in the wings and to
prevent overload failure of the wing due to the installation of the
STCs. Damage in the wing or overload failure of the wing could
result in structural failure of the wing, which could result in loss
of control.

Compliance

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

Required Actions

    (g) Before further flight after November 3, 2010 (the effective
date of this AD), do a general and focused inspection of the wing
for internal and external damage from wing station (WSTA) 23 to the
wing tip. Repetitively thereafter inspect every 100 hours time-in-
service (TIS) or every 12 calendar months, whichever occurs first,
for as long as any of the STCs specified in paragraph (c) of this AD
are installed. If at any time the STCs are permanently removed, one
final inspection is required following removal. Do the inspections
following Appendix 1 of this AD.
    (h) Anytime severe and/or extreme turbulence is encountered
during flight, before the next flight, do a focused inspection of
the wing for damage following steps 1, 2, 3, 4, 7, and 10 in
Appendix 1 of this AD. Also inspect for signs of distress in the
upper front spar in the area around WSTA 177. The definition of
severe and extreme turbulence can be found in Table 7-1-9 of the FAA
Aeronautical Information Manual (AIM). You may obtain a copy of the
FAA AIM at http://www.faa.gov/air_traffic/publications/atpubs/aim/.
    (i) For airplanes specified in paragraph (c) of this AD that are
modified by STC SA02055AT or SA02308AT (wing extensions with fuel
provisions), before further flight after November 3, 2010 (the
effective date of this AD), do the following:
    (1) Incorporate the information from Appendix 2 of this AD into
the Limitations section of the Aviation Enterprises Aircraft Manual
Supplement.
    (2) Fabricate a placard (using at least \1/8\-inch letters) with
the following words and install the placard on the instrument panel
within the pilot's clear view: ``MTOW=4,700 LBS. MAINTAIN AT LEAST
12 GAL OF FUEL IN EACH WING TIP FOR AIRPLANE WEIGHTS ABOVE 3,300
LBS.''
    (j) For airplanes specified in paragraph (c) of this AD that are
modified by STC SA02056AT or SA02307AT (wing extensions with no fuel
provisions), before further flight after November 3, 2010 (the
effective date of this AD), do the following:
    (1) Incorporate the information from Appendix 3 of this AD into
the Limitations

section of the Aviation Enterprises Aircraft Manual Supplement.
    (2) Fabricate a placard (using at least \1/8\-inch letters) with
the following words and install the placard on the instrument panel
within the pilot's clear view: ``MTOW=4,000 LBS, MAX MANEUVER=2.5 G,
Va=100 KCAS, Vno=105 KCAS, Vne=135 KCAS. OPERATION RESTRICTED TO
VFR''
    (k) Before further flight after each inspection required in
paragraphs (g) and (h) of this AD where damage or signs of distress
are found, repair all damaged and distressed parts following FAA
Advisory Circular (AC) 43.13-1B. You may obtain a copy of AC 43.13-
1B at http://rgl.faa.gov/.
    (l) Within 10 days after each inspection required in paragraphs
(g) and (h) of this AD in which damage or distress is found, send a
report to the FAA at the address specified in paragraph (o) of this
AD. Include as much information as possible, including the ``N''
number, model number, serial number, list of STC modifications, TIS
on the aircraft and wing extension, description of the damage
(location, length, orientation, parts cracked, sketches, etc.), and
if possible, pictures of the damage.
    (m) For all airplanes specified in paragraph (c) of this AD that
have STC SA02055AT, SA02056AT, SA02307AT, or SA02308AT permanently
removed, do one final inspection as specified in paragraph (g) of
this AD, take corrective actions as specified in paragraph (k) of
this AD, report the results as specified in paragraph (l) of this
AD, and remove the flight limitations specified in paragraphs (i)
and (j) of the AD. No further action is required.

Alternative Methods of Compliance (AMOCs)

    (n)(1) The Manager, FAA, Atlanta Aircraft Certification Office
(ACO) has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
    (2) Before using any approved AMOC, notify your Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, notify your local
Flight Standards District Office.

Related Information

    (o) For more information about this AD, contact William O.
Herderich, Aerospace Engineer, FAA, Atlanta Aircraft Certification
Office (ACO), 1701 Columbia Avenue, College Park, Georgia 30337;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
Appendix 1 to AD 2010-21-18--General and Focused Inspection Procedures

    Perform a general and focused inspection of the wing for
internal and external damage from wing station (WSTA) 23 to the wing
tip. The general inspection must be performed in accordance with 14
CFR 43.15(c), using a checklist that includes at least the scope and
detail of the items contained in Appendix D of 14 CFR part 43. The
focused inspection must include the items listed below. Remove all
wing access panels to conduct the inspections. Do theses inspections
following the manufacturer's service information (Cessna
Maintenance/Service Manuals) and any other appropriate guidance,
such as FAA Advisory Circular (AC) 43.13-1B Acceptable Methods,
Techniques, and Practices--Aircraft Inspection and Repair. AC 43.13-
1B can be found at http://rgl.faa.gov/.
    Focused inspection items to look for:
    (1) Wrinkles in upper wing skins, from the outboard edge on the
fuel tank access covers (WSTA 150 or 177) to the WSTA 222 (See View
B, Figure 3).
    (2) Wrinkles in the upper wing skins from WSTA 55 to 66,
adjacent to the booms (See View E, Figure 6).
    (3) Cracking of the upper wing skins. Pay particular attention
to any wrinkles, the radius between stiffeners at WSTA 150 (under
fuel tank covers), and unreinforced access holes (See View B, Figure
3).
    (4) Working (smoking) rivets outboard of the wing tank access
covers.
    (5) Fasteners with less than two diameters edge distance.
    (6) Fasteners with less than four diameters center to center
spacing.
    (7) Looseness of attachments of the tip extension to the wing
and wing tip to wing extension when pushing up and down on the tip.
    (8) Any signs of distress along both front and rear spars,
particularly in the area around WSTA 177.
    (9) Inspect under any repairs to the upper skins, particularly
in the area just outboard of the fuel tank access covers as these
may be covering up existing damage.
    (10) Inter-rivet buckling of the stringers attached to the upper
surface skin, outboard of the fuel tank access covers (See View F,
Figure 7).
    (11) Inspect rib at WSTA 222 for damage. Trimming of the rib may
have been done to allow installation of fuel lines (See View A,
Figure 2). Repair in accordance with AC 43.13-1B, Chapter 4,
paragraph 4-58(g) and Figure 4-14, or by using another FAA-approved
method that restores equivalent strength of the wing rib.

Appendix 1 to AD 2010-21-18--General and Focused Inspection Procedures
(Continued)

    (1) Inspect and identify screws, installed in tapped (threaded)
holes in metal substructure, used to attach wing tips, stall fences,
fuel and electrical components, and access doors. For tapped holes,
remove fastener and open up the diameter to provide a smooth bore
hole, for the smallest oversize fastener, using close tolerance
holes noted in AC 43.13-1B, paragraph 7-39 or other FAA-approved
scheme. Maintain minimum 2 x fastener diameter edge distance and 4 x
fastener diameter center to center spacing. Select and install new,
equivalent strength or stronger, fasteners with nuts/collars in
accordance with AC 43.13-1B, Chapter 7 and AC 43.13-2B, paragraph
108 or other FAA-approved repair. New fasteners must not have
threads in bearing against the sides of the holes.
    (2) Inspect wing skins for unreinforced cutouts. (See View C,
Figure 4).
    (3) Inspect the upper spar cap horizontal flanges for open holes
(See View D, Figure 5).
BILLING CODE 4910-13-P

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[GRAPHIC] [TIFF OMITTED] TR19OC10.020

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[GRAPHIC] [TIFF OMITTED] TR19OC10.022

BILLING CODE 4910-13-C

Appendix 2 to AD 2010-21-18--Airworthiness Limitations for the Aviation
Enterprises Aircraft Manual Supplement

    (1) Limit the airplane MTOW to 4,700 LBS.
    (2) For airplane weights above 3,300 LBS, at least 12 gallons of
fuel must be maintained in each wing tip.

Appendix 3 to AD 2010-21-18--Airworthiness Limitations for the Aviation
Enterprises Aircraft Manual Supplement

    (1) Limit the MTOW to 4,000 LBS.
    (2) Limit the max maneuver to 2.5 G.
    (3) Limit Va to 100 KCAS.
    (4) Vno to 105 KCAS.
    (5) Limit Vne to 135 KCAS.
    (6) Limit operation to VFR only.

    Issued in Kansas City, Missouri, on October 4, 2010.
Christina L. Marsh,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-25434 Filed 10-18-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 27, 2010 (Volume 75, Number 143)]
[Notices]
[Page 43965-43967]
[DOCID:fr27jy10-76]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. PF10-17-000]

Texas Eastern Transmission, LP; Algonquin Gas Transmission, LLC;
Notice of Intent To Prepare an Environmental Impact Statement for the
Planned New Jersey-New York Expansion Project, Request for Comments on
Environmental Issues, and Notice of Public Scoping Meetings

July 16, 2010.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will address the environmental impacts of the New Jersey-New York
Expansion Project (NJ-NY Expansion Project or Project) involving
construction and operation of facilities by Spectra Energy Corporation
(Spectra Energy) natural gas pipeline companies; Texas Eastern
Transmission, LP (Texas Eastern) and Algonquin Gas Transmission, LLC
(Algonquin) (collectively, the Applicants); in the Boroughs of Staten
Island and Manhattan, New York; Hudson, Union, Bergen, and Morris
Counties, New Jersey; and Middlesex County, Connecticut. This EIS will
be used by the Commission in its decision-making process to determine
whether the project is in the public convenience and necessity.
    This notice announces the opening of the scoping process that the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues need to be evaluated in the EIS. Please note that
the scoping period will close on August 20, 2010.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives are asked to notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    Comments may be submitted in written form or verbally. Further
details on how to submit written comments are provided in the Public
Participation section of this notice. In lieu of or in addition to
sending written comments, we \1\ invite you to attend the public
scoping meetings scheduled as follows:
---------------------------------------------------------------------------

    \1\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Office of Energy Projects (OEP).

------------------------------------------------------------------------
           Date and time                          Location
------------------------------------------------------------------------
August 2, 2010, 7 p.m. EDT........  Knights of Columbus Hall, 669 Avenue
                                     C, Bayonne, New Jersey 07002.
August 3, 2010, 7 p.m. EDT........  PS 44--Thomas C. Brown School
                                     Auditorium, 80 Maple Parkway,
                                     Staten Island, New York 10303.
August 4, 2010, 7 p.m. EDT........  James J. Ferris High School
                                     Auditorium, 35 Colgate Street,
                                     Jersey City, New Jersey 07302.
August 5, 2010, 7 p.m. EDT........  Westbeth Artists Housing Community
                                     Room, 55 Bethune Street, New York,
                                     New York 10014.
------------------------------------------------------------------------

    The public meetings are designed to provide you with more detailed
information and another opportunity to offer your comments on the
proposed project. Texas Eastern and Algonquin representatives will be
present one hour before each meeting to describe their proposal,
present maps, and answer questions. Interested groups and individuals
are encouraged to attend the meetings and to present comments on the
issues they believe should be addressed in the EIS. A transcript of
each meeting will be made so that your comments will be accurately
recorded.
    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the planned facilities.
The pipeline company would seek to negotiate a mutually acceptable
agreement. However, if the Project is approved by the Commission, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, the pipeline
company could initiate condemnation proceedings where compensation
would be determined in accordance with state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility on My Land? What Do I Need To Know?'' is available for
viewing on the FERC Web site (http://www.ferc.gov). This fact sheet
addresses a number of typically-asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.

Summary of the Proposed Project

    Texas Eastern and Algonquin have announced their plans to construct
and operate approximately 20.0 miles of new 42-inch-diameter and 30-
inch-diameter pipeline and associated pipeline facilities, and abandon
2.2 miles of 12-inch-diameter pipeline in New Jersey, New York, and
Connecticut. The NJ-NY Expansion Project would provide about 800
thousand dekatherms per day (Mdt/d) of natural gas from multiple
receipt points on the Texas Eastern and Algonquin pipeline systems to
new delivery points in New Jersey and New York. The Applicants have
indicated that the project would eliminate capacity constraints in the
region, increase competition, and reduce gas price volatility.
    The NJ-NY Expansion Project would consist of the following:
     Replacement of approximately 4.5 miles of existing 12-
inch-diameter and 20-inch-diameter pipelines with a single 42-inch-
diameter pipeline between Texas Eastern's existing Linden Compressor
Station in Linden, New Jersey and an existing metering and regulating
(M&R) station in the Borough of Staten Island, New York;
     Construction of approximately 15.5 miles of new 30-inch-
diameter pipeline from Texas Eastern's existing metering and regulating
station in the Borough of Staten Island, New York, through Bayonne and
Jersey City, New Jersey, to the Borough of Manhattan, New York;
     Abandon in-place approximately 1.3 miles of 12-inch-
diameter pipeline in Linden, New Jersey and 0.9 miles of 12-inch-
diameter pipeline in the Borough of Staten Island, New York;
     Installation of six new M&R stations including:
    [dec221] Hanover M&R Stations--two new M&R stations, including
pressure regulation, at the existing Hanover Compressor Station in
Morris County, New Jersey;
    [dec221] Bayonne M&R Station--a new M&R station, including a heater
and pressure regulation, in Hudson County, New Jersey;
    [dec221] Jersey City M&R Station--a new M&R station, including
heaters and pressure regulation, in Hudson County, New Jersey;
    [dec221] Mahwah M&R Station--a new M&R station, including a heater
and pressure regulation, within the property lines of an existing M&R
station in Bergen County, New Jersey; and

    [dec221] Ramapo M&R Station--a new M&R station, including a heater
and pressure regulation, adjacent to an existing M&R station in
Rockland County, New York.
     Modifications to three existing compressor stations and
two existing M&R stations including:
    [dec221] Hanover Compressor Station--installation of reverse
suction and discharge lines and modification of the existing Solar
Taurus 60 compressor unit in Morris County, New Jersey;
    [dec221] Cromwell and Hanover Compressor Stations--modification of
piping to accommodate bi-directional flows in Middlesex County,
Connecticut and Morris County, New Jersey, respectively; and
    [dec221] Texas Eastern M&R Stations--installation of tap valves and
over-pressure protection at existing M&R stations in Union County, New
Jersey and the Borough of Staten Island, New York.
     Installation of pig \2\ launcher and receiver facilities
at the existing Linden Compressor Station in Linden, New Jersey and an
existing M&R station in the Borough of Staten Island, New York;
installation of a pig launcher in Jersey City, New Jersey; mainline
valves in Bayonne and Jersey City, New Jersey; and a block valve and
flange in an underground vault in the Borough of Manhattan, New York to
accommodate a receiver.
---------------------------------------------------------------------------

    \2\ A pig is a tool that can be used to clean and dry a pipeline
and/or to inspect it for damage or corrosion.
---------------------------------------------------------------------------

    The general location of the project facilities is shown in Appendix
1.\3\
---------------------------------------------------------------------------

    \3\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of appendices were sent to
all those receiving this notice in the mail and are available at
http://www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    The Applicants are still in the planning phase for the NJ-NY
Expansion Project, and workspace requirements have not been finalized.
However, construction would disturb approximately 268 acres of land for
the aboveground facilities and the pipeline. Following construction,
about 108 acres would be used for permanent operation of the project's
facilities. The remaining acreage would be restored and allowed to
revert to former uses. Approximately 63.5% of the planned route is
located within or adjacent to Texas Eastern's existing rights-of-way
and/or existing roadway, railway, or other utility rights-of-way.

The EIS Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
to discover and address concerns the public may have about proposals.
This process is referred to as scoping. The main goal of the scoping
process is to focus the analysis in the EIS on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EIS. All comments
received will be considered during the preparation of the EIS.
    In the EIS we will discuss impacts that could occur as a result of
the construction and operation of the planned project under these
general headings:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Vegetation and wildlife
     Endangered and threatened species;
     Cultural resources;
     Air quality and noise;
     Socioeconomics; and
     Public safety.
    We will also evaluate reasonable alternatives to the planned
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's Pre-filing process.
The purpose of the Pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before an
application is filed with the FERC. As part of our Pre-filing review,
we have begun to contact some federal and state agencies to discuss
their involvement in the scoping process and the preparation of the
EIS. In addition, representatives from the FERC participated in public
Open House meetings sponsored by the Applicants in the project area in
June 2010, to explain the environmental review process to interested
stakeholders.
    Our independent analysis of the issues will be presented in the
EIS. The EIS will be published and distributed for public comment. We
will consider all timely comments and revise the document, as
necessary, before issuing a final EIS. To ensure your comments are
considered, please carefully follow the instructions in the Public
Participation section of this notice.
    With this notice, we are asking agencies with jurisdiction and/or
special expertise with respect to environmental issues to formally
cooperate with us in the preparation of the EIS. These agencies may
choose to participate once they have evaluated the proposal relative to
their responsibilities. Agencies that would like to request cooperating
agency status should follow the instructions for filing comments
provided under the Public Participation section of this notice.
Currently, the Environmental Protection Agency and the New York City
Mayor's Office have expressed their intention to participate as
cooperating agencies in the preparation of the EIS to satisfy their
NEPA responsibilities related to this project.

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations, we are using this notice to solicit the views
of the public on the project's potential effects on historic
properties.\4\ We will document our findings on the impacts on cultural
resources and summarize the status of consultations under section 106
of the National Historic Preservation Act in our EIS.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Historic
properties are defined in those regulations as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register for Historic
Places.
---------------------------------------------------------------------------

Currently Identified Environmental Issues

    We have already identified several issues and alternatives that we
think deserve attention based on a preliminary review of the proposed
facilities, comments made to us at the Applicant's open houses,
preliminary consultations with other agencies, and the environmental
information provided by the Applicants. This preliminary list of issues
and alternatives may be changed based on your comments and our
analysis:
     Contaminated soils and sediments;
     Evaluation of temporary and permanent impacts on wetlands,
restoration of wetlands, and development of appropriate wetland
mitigation options;
     Assessment of locations for HDD crossings of major
waterbodies, including the Arthur Kill, Kill Van Kull, and the Hudson
River;
     Effect on tidal systems and essential fish habitat;

     Potential effect on federal and state-listed sensitive
species;
     Impacts on residential areas;
     Impacts on publically-owned lands and compatibility of
uses;
     Visual impacts;
     Effects on transportation and traffic;
     Environmental Justice concerns;
     Effects on the local air quality and noise environment
from construction and operation of the proposed facilities;
     Potential impacts of multiple large projects on-going
during the same construction timeframe;
     Assessment of hazards associated with natural gas
pipelines located in heavily populated areas; and
     Assessment of the no action alternative, existing systems
and alternative system configurations, and alternative routes or
aboveground facility sites to reduce or avoid environmental impacts.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impact. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that they will be received in Washington, DC on or before August 20,
2010.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances, please reference the
project docket number (PF10-17-000) with your submission. The
Commission encourages electronic filing of comments and has expert
eFiling staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located at http://www.ferc.gov under the link
called ``Documents and Filings.'' A Quick Comment is an easy method for
interested persons to submit text-only comments on a project;
    (2) You may file your comments electronically by using the
``eFiling'' feature, that is listed under the ``Documents and Filings''
link. eFiling involves preparing your submission in the same manner as
you would if filing on paper, and then saving the file on your
computer's hard drive. You will attach that file to your submission.
New eFiling users must first create an account by clicking on the link
called ``Sign up'' or ``eRegister.'' You will be asked to select the
type of filing you are making. A comment on a particular project is
considered a ``Comment on a Filing''; or
    (3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Room 1A, Washington, DC 20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
planned project.
    Copies of the completed draft EIS will be sent to the environmental
mailing list for public review and comment. If you would prefer to
receive a paper copy of the document instead of the CD version or would
like to remove your name from the mailing list, please return the
attached Mailing List Form (Appendix 2).

Becoming an Intervenor

    Once the Applicants formally file their application with the
Commission, you may want to become an ``intervenor,'' which is an
official party to the Commission's proceeding. Intervenors play a more
formal role in the process and are able to file briefs, appear at
hearings, and be heard by the courts if they choose to appeal the
Commission's final ruling. An intervenor formally participates in a
Commission proceeding by filing a request to intervene. Instructions
for becoming an intervenor are included in the User's Guide under the
``e-filing'' link on the Commission's website. Please note that the
Commission will not accept requests for intervenor status at this time.
You must wait until a formal application for the project is filed with
the Commission.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs at 1-866-208-FERC or on the
FERC Web site (http://www.ferc.gov) using the ``eLibrary'' link. Click
on the eLibrary link, click on ``General Search,'' and enter the docket
number, excluding the last three digits in the Docket Number field
(i.e., PF10-17). Be sure you have selected an appropriate date range.
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link on the FERC Internet website
also provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/
EventsList.aspx along with other related information.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-18276 Filed 7-26-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Pages 34745-34748]
[FR Doc No: 2015-14832]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75159; File No. SR-BYX-2015-28]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use of BATS Y-Exchange, Inc.

June 11, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 9, 2015, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange.\3\ The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \4\ and Rule 19b-4(f)(2)
thereunder,\5\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The Commission notes that a previous version of the proposal
was filed as SR-BYX-2015-27. The proposal was withdrawn on June 9,
2015.
    \4\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \5\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend its fees and rebates
applicable to Members \6\ of the Exchange pursuant to Rule 15.1(a) and
(c) (``Fee Schedule'') to: (i) Increase the rebate from $0.0004 per
share to $0.0015 per share for orders that yield fee code A, which
routes to the Nasdaq Stock Market LLC (``Nasdaq'') and adds liquidity;
and (ii) adopt fees for the use of a communication and routing service
known as BATS Connect.
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    \6\ A Member is defined as ``any registered broker or dealer
that has been admitted to membership in the Exchange.'' See Exchange
Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to: (i) Increase the rebate from $0.0004 per
share to $0.0015 per share for orders that yield fee code A, which
routes to Nasdaq and adds liquidity; and (ii) adopt fees for the use of
a communication and routing service known as BATS Connect.
Fee Code A
    In securities priced at or above $1.00, the Exchange currently
provides a rebate of $0.0004 per share for Members' orders that yield
fee code A, applicable to orders routed to Nasdaq that add liquidity.
The Exchange proposes to amend its Fee Schedule to increase this rebate
to $0.0015 per share for Members' orders that yield fee code A. The
proposed change represents a pass through of the rate that BATS
Trading, Inc. (``BATS Trading''), the Exchange's affiliated routing
broker-dealer, will be rebated for routing orders to Nasdaq when it
does not qualify for a volume tiered rebate. The Exchange notes that
the proposed change is in response to Nasdaq's June 2015 fee change
where Nasdaq will no longer offer a rebate of $0.0004 per share for
orders in select symbols (``Nasdaq's Select Symbol Program'') to its
customers, such as BATS Trading, and such orders will be subject to the
regular Nasdaq Pricing Schedule.\7\ Accordingly, when BATS Trading
routes to Nasdaq in any symbol, it will be rebated a standard rate of
$0.0015 per share. BATS Trading will pass through this rate on Nasdaq
to the Exchange and the Exchange, in turn, will pass through this rate
to its Members.
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    \7\ See Nasdaq Equity Trader Alert #2015-70, Nasdaq Ends Access
Fee Experiment, available at http://www.nasdaqtrader.com/TraderNews.aspx?id=ETA2015-70.
---------------------------------------------------------------------------

BATS Connect
    On May 26 [sic], 2015, the Exchange filed a proposed rule change
with the Commission to adopt a communication and routing service known
as BATS Connect.\8\ The Exchange now proposes to adopt fees related to
the use of BATS Connect that are equal to the fees charged for an
identical service, also called BATS Connect, offered by the Exchange's
affiliate, EDGX.\9\ BATS

Connect is offered by the Exchange on a voluntary basis in a capacity
similar to a vendor. In sum, BATS Connect is a communication service
that provides subscribers an additional means to receive market data
from and route orders to any destination connected to the Exchange's
network. BATS Connect does not provide any advantage to subscribers for
connecting to the Exchange's affiliates \10\ as compared to other
method of connectivity available to subscribers. The servers of the
subscriber need not be located in the same facilities as the Exchange
in order to subscribe to BATS Connect. Subscribers may also seek to
utilize BATS Connect in the event of a market disruption where other
alternative connection methods become unavailable.
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    \8\ See file no. SR-BYX-2015-26.
    \9\ See the EDGX fee schedule available at http://batstrading.com/support/fee_schedule/edgx/. See also Securities
Exchange Act Release No. 73780 (December 8, 2014), 79 FR 73942
(December 12, 2014) (SR-EDGX-2014-28) and file no. SR-EDGX-2015-27.
    \10\ The Exchange's affiliated exchanges are EDGX, EDGA
Exchange, Inc. (``EDGA''), and BATS Exchange, Inc. (``BZX''). The
Exchange understands that its affiliated exchanges intend to file
identical proposed rule changes to adopt the fees for the BATS
Connect service with the Commission. The Exchange also notes that
its affiliated exchanges have also filed proposed rule changes with
the Commission to adopt rules describing the BATS Connect service.
---------------------------------------------------------------------------

    The Exchange will charge a monthly connectivity fee to subscribers
utilizing BATS Connect to route orders to other exchanges and broker-
dealers that are connected to the Exchange's network. The amount of the
connectivity fee varies based solely on the bandwidth selected by the
subscriber. Specifically, the Exchange proposes to charge $350 for 1
Mb, $700 for 5 Mb, $950 for 10 Mb, $1,500 for 25 Mb, $2,500 for 50 Mb,
and $3,500 for 100 Mb.
    BATS Connect would also allow subscribers to receive market data
feeds from the exchanges connected to the Exchange's network. In such
case, the subscriber would pay the Exchange a connectivity fee, which
varies and is based solely on the amount of bandwidth required to
transmit the selected data product to the subscriber. The proposed
connectivity fees are set forth in the Exhibit 5 attached hereto and
range from no charge to $11,500 based on the market data product the
subscriber selects.
    The Exchange also proposes to adopt a discounted fee of $4,160 per
month for subscribers who purchase connectivity to a bundle of select
market data products. The following market data products would be
included in the bundle: UQDF/UTDF/OMDF, CQS/CTS, Nasdaq TotalView,
Nasdaq BX TotalView, Nasdaq PSX TotalView, NYSE ArcaBook, NYSE MKT
OpenBook Ultra, and BBS/TTDS. Absent the discount, a subscriber
purchasing connectivity through BATS Connect for each of these market
data products would pay a total monthly fee of $5,200. As proposed, a
subscriber who purchases connectivity to each of the above market data
products would be charged a monthly fee of $4,160, which represents a
20% discount. The subscribers would pay any fees charged by the
exchange providing the market data feed directly to that exchange.
    The Exchange notes that it will not charge a fee to subscribers
utilizing BATS Connect to route orders to or receive market data
products from the Exchange's affiliates, EDGX, BZX, and EDGA. BATS
Connect provides subscribers a means to access exchanges and market
centers on the Exchange's network. In all cases, BATS Connect
subscribers would be continue to be liable for the necessary fees
charged by that exchange or market center, including any required
connectivity fees. Market participants who chose a method other than
BATS Connect to connect to another exchange or market center would also
pay any required connectivity fees directly to that exchange or market
center. Likewise, BATS Connect subscribers would be liable for any
connectivity fees charged by the Exchange's affiliate.
Implementation Date
    The Exchange proposes to implement these amendments to its Fee
Schedule immediately.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\11\ in general, and
furthers the objectives of Section 6(b)(4),\12\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct
order flow to competing venues if they deem fee levels at a particular
venue to be excessive. The proposed rule change reflects a competitive
pricing structure designed to incent market participants to direct
their order flow to the Exchange. The Exchange believes that the
proposed rates are equitable and non-discriminatory in that they apply
uniformly to all Members. The Exchange believes the fees and credits
remain competitive with those charged by other venues and therefore
continue to be reasonable and equitably allocated to Members.
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    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

Fee Code A
    The Exchange believes that its proposal to increase the pass
through rebate for Members' orders that yield fee code A from $0.0004
to $0.0015 per share represents an equitable allocation of reasonable
dues, fees, and other charges among Members and other persons using its
facilities. Under Nasdaq's Select Symbol Program, Nasdaq provided BATS
Trading a rebate of $0.0004 per share for orders executed in select
symbols, which BATS Trading passed through to the Exchange and the
Exchange passed through to its Members, not only for orders routed in
select symbols but in all securities. In June 2015, Nasdaq will
terminate its Select Symbol Program, thereby increasing the rebate it
provides its customers, such as BATS Trading, in select symbols from a
rebate of $0.0004 per share to its standard rebate of $0.0015 per share
for orders that are routed to Nasdaq.\13\ Therefore, the Exchange
believes that the proposed change in fee code A from a rebate of
$0.0004 per share to a rebate of $0.0015 per share is equitable and
reasonable because it accounts for the pricing changes on Nasdaq. In
addition, the proposal allows the Exchange to continue to charge its
Members a pass-through rate for orders that are routed to Nasdaq. The
Exchange notes that routing through BATS Trading is voluntary. Lastly,
the Exchange also believes that the proposed amendment is non-
discriminatory because it applies uniformly to all Members.
---------------------------------------------------------------------------

    \13\ See supra note 6.
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BATS Connect
    The Exchange also believes that its proposal is consistent with
Section 6(b)(4) of the Act,\14\ in that it provides for the equitable
allocation of reasonable dues, fees and other charges among members and
other persons using its facilities. First, the Exchange will charge a
connectivity fee to subscribers utilizing BATS Connect to route orders
to other exchanges and market centers that are connected to the
Exchange's network, which varies based solely on the amount of
bandwidth selected by the subscriber. The amounts of the connectivity
fees are also reasonable as compared to similar fees charged by other
exchanges. For purposes of order routing, the Exchange proposes to
charge $350 for 1 Mb, $700 for 5 Mb, $950 for 10 Mb, $1,500 for 25 Mb,
$2,500 for 50 Mb, and $3,500 for 100

Mb. The New York Stock Exchange, Inc. (``NYSE'') currently charges $300
for 1 Mb, $700 for 5 Mb, $900 for 10 Mb, $1,500 for 25 Mb, $2,000 for
50 Mb, and $2,600 for 100 Mb.\15\ The Exchange notes that, overall, the
connectivity fee for routing of orders to other market centers proposed
by the Exchange is similar to that charged by the NYSE.
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    \14\ 15 U.S.C. 78f(b)(4).
    \15\ See NYSE's SFTI Americas Product and Service List available
at http://www.nyxdata.com/docs/connectivity.
---------------------------------------------------------------------------

    Second, with regard to utilizing BATS Connect to receive market
data products from other exchanges, the Exchange would only charge
subscribers a connectivity fee, the amount of which is based solely on
the amount of bandwidth required to transmit that specific data product
to the subscribers. The amounts of the connectivity fees are also
reasonable as compared to similar fees charged by other exchanges. For
example, for market data connectivity, the Nasdaq Stock Market LLC
(``Nasdaq'') charges $1,412 per month for CQS/CTS data feed, and the
Exchange proposes to charge $1,000 per month connectivity for CQS/CTS
data feed.\16\ The Exchange notes that, overall, the connectivity fee
for receipt of other market centers' data feed proposed by the Exchange
is similar to than that charged by Nasdaq.
---------------------------------------------------------------------------

    \16\ See Nasdaq Rule 7034 (setting forth Nasdaq's connectivity
fees for receipt of third party market data products).
---------------------------------------------------------------------------

    The Exchange believes it is reasonable to offer such discounted
pricing to subscribers who purchase connectivity to a bundle of market
data products as it would enable them to reduce their overall
connectivity costs for the receipt of market data. As stated above,
BATS Connect is offered and purchased on a voluntary basis and
subscribers can discontinue use at any time and for any reason,
including due to an assessment of the reasonableness of fees charged.
Moreover, the Exchange believes the proposed fees are reasonable and
equitable because they continue to be based on the Exchange's costs to
cover the amount of bandwidth required to provide connectivity to the
select bundle of data feeds. The proposed fees will continue to allow
the Exchange to recoup this cost, while providing subscribers with an
alternative means to connect to the select bundle of data feeds at a
discounted rate.
    The subscribers would pay any fees: (i) Charged by the exchange
providing the market data feed directly to that exchange (ii) charged
by a market center to which they routed an order and an execution
occurred directly to that market center. The Exchange itself would not
charge any additional fees.\17\ BATS Connect is offered and purchased
on a voluntary basis, in that neither the Exchange nor subscribers are
required by any rule or regulation to make this product available.
Accordingly, subscribers can discontinue use at any time and for any
reason, including due to an assessment of the reasonableness of fees
charged.
---------------------------------------------------------------------------

    \17\ The Exchange's rules and fees would not address the fees or
manner of operation of any destination to which the subscriber asked
that an order be routed.
---------------------------------------------------------------------------

    Moreover, the Exchange believes the proposed fees are reasonable
and equitable because they are based on the Exchange's costs to cover
hardware, installation, testing and connection, as well as expenses
involved in maintaining and managing the service. The proposed fees
allow the Exchange to recoup these costs, while providing subscribers
with an alternative means to connect to other exchange and market
centers. The Exchange believes that the proposed fees are reasonable
and equitable in that they reflect the costs and the benefit of
providing alternative connectivity.
    The Exchange also believes it is equitable and reasonable to
provide BATS Connect to subscribers for no charge to route orders to or
receive market data products from the Exchange's affiliates. BATS
Connect provides subscribers a means to access exchanges and market
centers on the Exchange's network. In all cases, BATS Connect
subscribers would be continue to be liable for the necessary fees
charged by the Exchange, its affiliate, or another exchange or market
center, including any required connectivity fees. As stated above, BATS
Connect is offered and purchased on a voluntary basis, and subscribers
and market participants may choose an alternative method to connect to
the Exchange, its affiliates, or another exchange or market center
connected to the Exchange's network. Such other services may also offer
at no charge connectivity to certain exchanges or a group of
exchanges.\18\ Therefore, the Exchange believes that the [sic]
providing BATS Connect to subscribers at no charge to route orders to
or receive market data products from the Exchange's affiliates is
reasonable and equitable as they will continue to be liable to the
Exchange or its affiliate for any required connectivity fees.
---------------------------------------------------------------------------

    \18\ See NYSE's SFTI Americas Product and Service List available
at http://www.nyxdata.com/docs/connectivity (offering at no charge
connectivity to the NYSE, NYSE MKT LLC, and NYSE Arca, Inc.).
---------------------------------------------------------------------------

    Lastly, the Exchange also believes that the proposed amendments to
its fee schedule are non-discriminatory because they will apply
uniformly to all subscribers. All subscribers that voluntarily select
various service options will be charged the same amount for the same
services. All subscribers have the option to select any connectivity
option, and there is no differentiation among subscribers with regard
to the fees charged for the service. Further, the benefits of selecting
such services are the same for all subscribers, irrespective of whether
their servers are located in the same facility as the Exchange.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes its proposed amendments to its Fee Schedule
would not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
does not believe that the proposed change represents a significant
departure from previous pricing offered by the Exchange or pricing
offered by the Exchange's competitors. Additionally, Members may opt to
disfavor the Exchange's pricing if they believe that alternatives offer
them better value. Accordingly, the Exchange does not believe that the
proposed change will impair the ability of Members or competing venues
to maintain their competitive standing in the financial markets.
Fee Code A
    The Exchange believes that its proposal to pass through a rebate of
$0.0015 per share for Members' orders that yield fee code A would
increase intermarket competition because it offers customers an
alternative means to route to Nasdaq for a similar rate as entering
orders in certain symbols on Nasdaq directly. The Exchange believes
that its proposal would not burden intramarket competition because the
proposed rate would apply uniformly to all Members.
BATS Connect
    The Exchange does not believe the proposed fees for BATS Connect
will result in any burden on competition. The proposed rule change is
designed to provide subscribers with an alternative means to access
other market centers on the Exchange's network if they choose or in the
event of a market disruption where other alternative connection methods
become unavailable. BATS Connect is not the exclusive method to connect
to these market centers and subscribers may utilize alternative methods
to connect to the product if they believe the Exchange's proposed
pricing is unreasonable or otherwise.

Therefore, the Exchange does not believe the proposed rule change will
have any effect on competition.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \19\ and paragraph (f) of Rule 19b-4
thereunder.\20\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f).
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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-BYX-2015-28 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BYX-2015-28. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BYX-2015-28 and should be
submitted on or before July 8, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-14832 Filed 6-16-15; 8:45 am]
 BILLING CODE 8011-01-P