[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Notices]
[Pages 52827-52832]
[FR Doc No: 2022-18501]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95581; File No. SR-NYSEARCA-2022-31]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change To Amend Rule 6.64P-O

August 23, 2022.

I. Introduction

    On May 20, 2022, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
modify NYSE Arca Rule 6.64P-O regarding the automated process for both
opening and reopening trading in a series on the Exchange's Pillar
trading technology, as described below. The proposed rule change was
published for comment in the Federal Register on May 27, 2012.\3\ On
June 24, 2022, pursuant to Section 19(b)(2) of the Act,\4\ the
Commission extended the time period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to approve or disapprove the proposed
change.\5\ The Commission has received

no comments on the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 94959 (May 23,
2022), 87 FR 32203 (May 27, 2022) (``Notice'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 95150 (Jun. 24,
2022), 87 FR 39141 (Jun. 30, 2022).
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    This order institutes proceedings under Section 19(b)(2)(B) of the
Act \6\ to determine whether to approve or disapprove the proposed rule
change.
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    \6\ 15 U.S.C. 78s(b)(2)(B).
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II. Description of the Proposed Rule Change

    The Exchange proposes to modify NYSE Arca Rule 6.64P-O regarding
the automated process for both opening and reopening trading in a
series on the Exchange on Pillar as set forth below.\7\
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    \7\ NYSE Arca Rule 6.64P-O (the ``Pillar Rule'') covers the
opening and reopening of option series, which process the Exchange
states is identical on the Pillar trading platform. As such, the
Exchange states it will refer to the ``opening'' of a series herein.
The Exchange completed its migration to Pillar on July 28, 2022. See
NYSE Arca Trader Update, available at https://www.nyse.com/trader-update/history#110000440092.
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Current Pillar Auction Process 8
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    \8\ See Notice, supra note 3, 87 FR at 32204.
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    The Exchange states that NYSE Arca Rule 6.64P-O(d) sets forth the
Auction Process.\9\ Per NYSE Arca Rule 6.64P-O(d)(1), once the Exchange
receives the Auction Trigger for a series,\10\ the Auction Process
begins and the Exchange sends a Rotational Quote \11\ to both OPRA and
proprietary data feeds indicating that the Exchange is in the process
of transitioning from a pre-open state to continuous trading for that
series. Per NYSE Arca Rule 6.64P-O(d)(2), once a Rotational Quote has
been sent, the Exchange conducts an Auction,\12\ provided ``there is
both a Legal Width Quote and, if applicable, Market Maker quotes with a
non-zero offer in the series'' within the Opening Timer(s), per NYSE
Arca Rule 6.64P-O(d)(3).\13\ The Exchange deems the Legal Width Quote
requirement satisfied if the Calculated NBBO (described below) for the
series is uncrossed, contains a non-zero offer, and has a spread that
does not exceed a maximum differential that is determined by the
Exchange on a class basis and announced by Trader Update.\14\ The
Calculated NBBO is comprised of the highest bid and lowest offer among
all Market Maker quotes and the ABBO during the Auction Process.\15\ A
Calculated NBBO does not require both Market Maker quotes and ABBO to
be present, and may be composed of Market Maker quotes only, of the
ABBO only, or a combination thereof.
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    \9\ ``Auction Process'' refers to the process that begins when
the Exchange receives an Auction Trigger for a series and ends when
the Auction is conducted. See NYSE Arca Rule 6.64P-O(a)(5).
    \10\ ``Auction Trigger'' refers to the information disseminated
by the Primary Market in the underlying security that triggers the
Auction Process for a series to begin. See NYSE Arca Rule 6.64P-
O(a)(7).
    \11\ ``Rotational Quote'' refers to the highest Market Maker bid
and lowest Market Maker offer on the Exchange when the Auction
Process begins and such a Rotational Quote will be updated (for
price and size) during the Auction Process. See NYSE Arca Rule
6.64P-O(a)(13).
    \12\ ``Auction'' refers to the opening or reopening of a series
for trading either with or without a trade. See NYSE Arca Rule
6.64P-O(a)(1).
    \13\ See NYSE Arca Rule 6.64P-O(d)(2). NYSE Arca Rule 6.64P-
O(d)(3) specifies the parameters of the Opening MMQ Timers, which
the Exchange states are designed to encourage (but not require) any
Market Maker(s) assigned to an option series to submit Legal Width
Quotes in connection with the Auction Process. The Exchange proposes
a non-substantive change of ``30'' to ``thirty'' regarding the
Opening MMQ Timer(s), which the Exchange states would add clarity
and internal consistency to the rule. See Notice, supra note 3, 87
FR at 32004 n. 4.
    \14\ See NYSE Arca Rule 6.64P-O(a)(10)(A)-(C). The maximum
spread differential for a given series or class of options may be
modified by a Trading Official. See NYSE Arca Rule 6.64P-
O(a)(10)(C).
    \15\ See NYSE Arca Rule 6.64P-O(a)(8) (defining Calculated
NBBO).
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    The Exchange states that, if the foregoing requirements are met
(i.e., per NYSE Arca Rule 6.64P-O(d)(2)), the Exchange will conduct an
Auction that will either result in a trade or in a quote depending on
whether there is (or is not) Matched Volume \16\ that can trade at or
within the Auction Collars.\17\ If there is Matched Volume that can
trade at or within the Auction Collars, the Auction will result in a
trade at the Indicative Match Price.\18\ However, if there is no
Matched Volume that can trade at or within the Auction Collars, the
Auction will instead result in a quote and the Exchange transitions to
continuous trading as set forth in NYSE Arca Rule 6.64P-O(f).\19\
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    \16\ ``Matched Volume'' refers to the number of buy and sell
contracts that can be matched at the Indicative Match Price,
excluding IO Orders. See NYSE Arca Rule 6.64P-O(a)(11). An Imbalance
Offset Order (``IO Order'') is a Limit Order that is to be traded
only in an Auction. See NYSE Arca Rule 6.62P-O(c)(3).
    \17\ ``Auction Collar'' refers to the price collar thresholds
for the Indicative Match Price for an Auction, with the upper
Auction Collar being the offer of the Legal Width Quote and the
lower Auction Collar being the bid of the Legal Width Quote,
provided that if the bid of the Legal Width Quote is zero, the lower
Auction Collar will be one MPV above zero for the series. And, if
there is no Legal Width Quote, the Auction Collars will be published
in the Auction Imbalance Information as zero. See NYSE Arca Rule
6.64P-O(a)(2).
    \18\ See NYSE Arca Rule 6.64P-O(d)(2)(A). ``Indicative Match
Price'' refers to the price at which the maximum number of contracts
can be traded in an Auction, including the non-displayed quantity of
Reserve Orders and excluding IO Orders, subject to the Auction
Collars. If there is no Legal Width Quote, the Indicative Match
Price included in the Auction Imbalance Information will be
calculated without Auction Collars. See NYSE Arca Rule 6.64P-
O(a)(9).
    \19\ See NYSE Arca Rule 6.64P-O(d)(2)(B).
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    Finally, the Exchange states that, per NYSE Arca Rule 6.64P-
O(d)(4), unless otherwise specified by Trader Update, for the first
ninety seconds of the Auction Process (inclusive of the thirty-second
Opening MMQ Timer(s)), if there is no Legal Width Quote, the Exchange
will not conduct an Auction, even if there is Matched Volume, i.e., the
series will not open. After the first ninety seconds of the Auction
Process, if there is no Matched Volume and the Calculated NBBO is wider
than the Legal Width Quote, is not crossed, and does not contain a zero
offer, the Exchange will first cancel any Market Orders and MOO Orders
and then transition the option series to continuous trading per NYSE
Arca Rule 6.64P-O(f).\20\ Thus, per NYSE Arca Rule 6.64P-O(d)(4)(A), if
after the first ninety seconds of the Auction Process there is Matched
Volume but the other elements of this provision are satisfied, the
series will not open and will remain unopened and the Exchange will not
transition to continuous trading until the earlier of (i) a Legal Width
Quote is established and an Auction can be conducted; (ii) the series
can be opened as provided for in paragraph (d)(4)(A); (iii) the series
is halted; or (iv) the end of Core Trading Hours.\21\ The Exchange
states that a series that does not meet the requirements of NYSE Arca
Rule 6.64P-O(d)(4)(A) may thus be delayed in opening until one of the
conditions set forth in NYSE Arca Rule 6.64P-O(d)(4)(B) occur.
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    \20\ See NYSE Arca Rule 6.64P-O(d)(4)(A).
    \21\ See NYSE Arca Rule 6.64P-O(d)(4)(B).
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Proposed Change to Auction Process 22
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    \22\ See Notice, supra note 3, 87 FR at 32204.
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    The Exchange states that waiting for market conditions to change
before transitioning to continuous trading per the current Pillar Rule
may result in missed execution opportunities for eligible interest
submitted to the Exchange during the pre-open state. The Exchange
further states that this potential (indefinite) delay is inconsistent
with the Exchange's intention of providing a timely and efficient
Auction Process. As such, the Exchange proposes to modify NYSE Arca
Rule 6.64P-O. In short, the Exchange proposes that after the first
ninety seconds of the Auction Process, the Exchange would conduct an
Auction of marketable interest based on the spread of the then-current
market conditions (i.e., a Calculated NBBO that is uncrossed with a
non-zero offer), provided that if the Calculated NBBO exceeds the Legal
Width Quote differential established per NYSE Arca Rule 6.64P-
O(a)(10)(C) the Exchange would cancel any Market Orders or

MOO Orders before conducting the Auction.
    As further proposed, marketable Limit Orders would trade in the
Auction bound by the Calculated NBBO (i.e., the highest bid and lowest
offer among all Market Maker quotes and the ABBO), which executions may
be earlier and more efficient than afforded under the current Pillar
Rule. If there is no marketable interest after such cancelation, the
Exchange would open on a quote.\23\
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    \23\ As described further below, the Exchange states that,
consistent with NYSE Arca Rule 6.64P-O(d)(2)(B), an Auction
conducted per proposed NYSE Arca Rule 6.64P-O(d)(4)(A) would open on
a quote if there is no Matched Volume).
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    The Exchange states that the proposed change to the Pillar Rule
(the details of which are described below) would promote competitive
liquidity by allowing series to open at then current market prices and
would promote a fair and orderly opening process by improving the speed
and efficiency of the Auction Process without impairing price
discovery.
    First, the Exchange proposes to codify existing rule text into the
defined phrase the ``initial Auction Process time period'' in proposed
NYSE Arca Rule 6.64P-O(a)(5)(i). As proposed, the initial Auction
Process time period would mean, ``unless otherwise specified by Trader
Update, the first ninety seconds after the commencement of the Auction
Process,'' which definition the Exchange states simply codifies (and
relocates) identical text that appears in the preamble of both
sentences in NYSE Arca Rule 6.64P-O(d)(4).\24\ The Exchange states that
this proposed change is non-substantive and would streamline and add
clarity to the existing rule.\25\
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    \24\ See proposed NYSE Arca Rule 6.64P-O(a)(5)(I). See also NYSE
Arca Rule 6.64P-O(d)(4) (providing that ``[u]nless otherwise
specified by Trader Update, for the first ninety seconds of the
Auction Process . . . .'' and ``[n]inety seconds after the Auction
Process begins:'').
    \25\ See id. See proposed NYSE Arca Rule 6.64P-O(d)(4)(A)
(replacing reference to the first ninety-seconds after the Auction
Process with the proposed definition of the ``initial Auction
Process time period,'' which the Exchange states would add clarity
and internal consistency to the Rule, making it easier to navigate
and comprehend).
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    Next, the Exchange proposes to modify the definition of Legal Width
Quote, including by leveraging the newly defined ``initial Auction
Process time period.'' NYSE Arca Rule 6.64P-O(a)(10)(C) provides that,
to be deemed a Legal Width Quote, the spread of the Calculated NBBO may
not exceed a maximum differential that is determined by the Exchange on
a class basis and announced by Trader Update.\26\
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    \26\ See NYSE Arca Rule 6.64P-O(a)(10)(C) (which the Exchanges
states provides that a Trading Official may establish maximum
differentials for one or more series or classes of options, which
differ from those established by the Exchange).
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    The Exchange states that, by rule, the Exchange has discretion to
establish for each option class the maximum allowable spread of the
Calculated NBBO within which the Exchange will conduct an Auction,
provided that the other elements of a Legal Width Quote are met.\27\
The Exchange states that nothing in NYSE Arca Rule 6.64P-O(a)(10)(C)
precludes the Exchange from establishing one set of Calculated NBBO
spreads for the first ninety seconds of the Auction Process and a
second (wider) set of Calculated NBBO spreads for any time after the
first ninety seconds. The Exchange states, however, that, in the
interest of clarity and for the avoidance of potential confusion, the
Exchange proposes to expand the definition of Legal Width Quote (rather
than modify by Trader Update) in the Pillar Rule to provide that
``after the initial Auction Process time period, the Exchange will not
impose limits for the maximum differential for the spread between the
Calculated NBBO.'' \28\
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    \27\ To qualify as a Legal Width Quote, the Calculated NBBO must
also be uncrossed and must contain a non-zero offer, which
requirements the Exchange states are not being modified by this rule
change. See NYSE Arca Rule 6.64P-O(a)(10)(A)-(B).
    \28\ See proposed NYSE Arca Rule 6.64P-O(a)(10)(D).
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    The Exchange states that, although adopting proposed NYSE Arca Rule
6.64P-O(a)(10)(D) is consistent with its authority under the Pillar
Rule to determine the maximum allowable Calculated NBBO spread to
qualify a series as having a Legal Width Quote, the proposed rule
change would make clear that the Exchange would no longer impose these
established spread limits (as announced by Trader Notice per NYSE Arca
Rule 6.64P-O(a)(10)(C)) after the initial Auction Process time period.
The Exchange states that this rule change would add clarity and
transparency to the Auction Process to the benefit of all market
participants.\29\ The Exchange further states that, because the Auction
Process, including the Auction Collars, the presence of Matched Volume,
and the determination of the Indicative Match Price, are dependent upon
a Calculated NBBO that qualifies as a Legal Width Quote, the Exchange
proposes that any Auction conducted consistent with proposed 6.64P-
O(a)(10)(D) would follow the current Auction Process except as
described below.\30\
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    \29\ The Exchange states that, similar to the Exchange, other
options exchanges have rules granting them broad discretion to
modify the opening parameters for each option series, which
modifications are disseminated or announced to market participants
over data feeds or trader notice. See Notice, supra note 3, 87 FR at
32205 n. 24.
    \30\ See NYSE Arca Rule 6.64P-O(d)(2)(A)-(B) (describing the
process of opening a series with a trade or a quote depending on
whether there is Matched Volume).
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    The Exchange proposes to amend NYSE Arca Rule 6.64P-O(d)(4)
regarding the conduct of an Auction after the conclusion of the initial
Auction Process time period (i.e., after the first ninety seconds).\31\
The Exchange states that, as noted herein, the Pillar functionality
(per NYSE Arca Rule 6.64P-O(d)(4)(A)) permits a series to open based on
a ``wide'' Calculated NBBO (that is uncrossed with a non-zero offer),
but only if there is no Matched Volume, which requirement the Exchange
states may delay openings and result in missed execution
opportunities.\32\ To address what the Exchange views as unintended
potential delay, the Exchange proposes that after the initial Auction
Process time period and consistent with proposed paragraph (a)(10)(D)
of this rule (which removes the limit on the maximum allowable
Calculated NBBO spread), the Exchange would conduct an Auction
regardless of Matched Volume as long as the Calculated NBBO is not
crossed, and does not contain a zero offer.\33\ The Exchanges states
that this proposed functionality would allow marketable Limit Orders to
execute in the Auction, which may result in certain option series
opening earlier than are opened under the current rule and increase
execution opportunities for Limit Orders at then-current market
prices.\34\
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    \31\ See proposed NYSE Arca Rule 6.64P-O(d)(4) (which the
Exchange states includes the aforementioned non-substantive change
to refer to the newly defined ``initial Auction Process time
period'' rather than the first ninety seconds after the Auction
Process). The Exchange states it is not altering Auction
functionality for the initial Auction Process time period. See
Notice, supra note 3, 87 FR at 32205 n. 26.
    \32\ See proposed NYSE Arca Rule 6.64P-O(d)(4)(B) (setting forth
the necessary market conditions to open a series that has not opened
per paragraph (d)(4) of the Pillar Rule). The Exchange states that,
if the Exchange opens a series per NYSE Arca Rule 6.64P-O(d)(4)(A),
it first cancels any Market Order or MOO Orders before conducting an
Auction and transitioning to continuous trading. See Notice, supra
note 3, 87 FR at 32005 n. 27.
    \33\ See proposed NYSE Arca Rules 6.64P-O(d)(4)(A), 6.64P-
O(a)(10)(D).
    \34\ See proposed NYSE Arca Rules 6.64P-O(d)(4)(A), 6.64P-
O(a)(10)(D). See also NYSE Arca Rule 6.64P-0(a)(9)(A) (providing, in
relevant part, that ``the Indicative Match Price would not be lower
(higher) than the highest (lowest) price of a Limit Order to buy
(sell) ranked Priority 2--Display Orders that is eligible to
participate in the Auction''). In addition, the Exchange proposes to
remove as inapplicable the text in current NYSE Arca Rule 6.64P-
O(d)(4)(A) indicating that the ``Auction is not intended to end with
a trade, but it may result in a trade even if there is no Legal
Width Quote if orders or quotes arrive during the period when the
Exchange is evaluating the status of orders and quotes'' as well as
text indicating that the Exchange would ``transition to continuous
trading as described in paragraph (f) of this Rule.'' See proposed
NYSE Arca Rule 6.64P-O(d)(4)(A).

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    The Exchange states that, although Limit Orders would be eligible
to execute based on this proposed functionality, whether a Market Order
or MOO Order may participate in the proposed Auction depends on the
width of the market at the time of the Auction. Specifically, as
proposed, if the Calculated NBBO spread is wider than the differential
established per paragraph (a)(10)(C) of this rule, the Exchange would
cancel Market Orders and MOO Orders before conducting the Auction,
which proposed handling the Exchange states is consistent with the
current Pillar Rule.\35\ Conversely, as proposed, and consistent with
the current Pillar Rule, Market Orders and MOO Orders are not canceled
and will participate in an Auction that is based on a Calculated NBBO
that is less than or equal to the Calculated NBBO spread limit
established per NYSE Arca Rule 6.64P-O(a)(10)(C).\36\ As further
proposed, after the cancelation of any Market Orders or MOO Orders as
applicable, the Auction Process will proceed consistent with paragraph
(d)(2)(A)-(B) of this rule and the Exchange will execute Matched Volume
(if any) to the extent possible before transitioning to continuous
trading.\37\
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    \35\ See NYSE Arca Rule 6.64P-O(d)(4)(A)(i) (providing that
Market Orders and MOO Orders are cancelled ``[a]ny time a series is
opened or reopened when there is no Legal Width Quote,'' i.e., when
the Calculated NBBO exceeds the maximum allowable spread limit set
forth in NYSE Arca Rule 6.64P-O(a)(10)(C)'').
    \36\ See id. The Exchange states that, to avoid potential
confusion regarding the distinct handling of Market Orders and MOO
Orders under proposed NYSE Arca Rule 6.64P-O(d)(4)(A) depending upon
whether an Auction is conducted based on a Calculated NBBO spread
that is in compliance with NYSE Arca Rule 6.64P-O(a)(10)(C) or with
proposed NYSE Arca Rule 6.64P-O(a)(10)(D), the Exchange has
intentionally avoided reference to the presence of a Legal Width
Quote in the proposed Rule. See, e.g., proposed NYSE Arca Rule
6.64P-O(d)(4)(A); Notice, supra note 3, 87 FR at 32206 n. 31.
    \37\ See, e.g., NYSE Arca Rule 6.64P-O(d)(2)(A)-(B) (providing
that ``[i]f there is Matched Volume that can trade at or within the
Auction Collars, the Auction will result in a trade at the
Indicative Match Price'' or, ``[i]f there is no Matched Volume that
can trade at or within the Auction Collars,'' the Auction will not
result in a trade and the Exchange will transition to continuous
trading as described in paragraph (f) of this Rule and the Auction
will result in a quote'').
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    The Exchange states that, taken together, the proposed changes to
NYSE Arca Rules 6.64P-O(a)(10)(D) and (d)(4) would allow any series
that has not opened by the end of the initial Auction Process time
period the ability to open based on a Legal Width Quote derived from
then-market conditions. As such, the Exchange proposes to modify NYSE
Arca Rule 6.64P-O(d)(4)(B) to update the cross-reference from paragraph
(d)(4)(A) to paragraph (d)(4) and to eliminate as superfluous paragraph
(d)(4)(B)(ii), which refers to waiting until ``the series can be opened
as provided for in paragraph (d)(4)(A).'' \38\ The Exchange believes
these proposed conforming changes are necessary given that the proposed
changes to 6.64P-O(a)(10)(D) (removing the limit on the Calculated NBBO
spread to qualify as Legal Width Quote) and (d)(4)(A) (addressing the
conduct of an Auction after the initial Auction Process time period
under the expanded definition of Legal Width Quote) render paragraph
(d)(4)(B)(ii) of the rule unnecessary.
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    \38\ See proposed NYSE Arca Rules 6.64P-O(d)(4)(A)-(B). The
Exchange also proposes conforming changes to re-number the remaining
paragraphs in light of the proposed deletion, which the Exchange
states would add clarity and internal consistency to the rule. See
Notice, supra note 3, 87 FR at 32006 n. 33.
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    The Exchange states that it is not making any changes to the
requirements to conduct an Auction during the initial Auction Process
time period, and that the proposed changes relate solely to those
series that remain unopened after the conclusion of the initial Auction
Process time period because the Calculated NBBO spread is too wide. The
Exchange states that the initial Auction Process time period affords
market participants sufficient opportunity to absorb available pricing
information, including Market Makers that are generally responsible for
pricing the market. The Exchange states that, if the Calculated NBBO
remains wide by the end of the initial Auction Process time period, the
Exchange believes it is unlikely to tighten if the Exchange were to
further delay the opening of a series. The Exchange states it has
observed that on a typical trading day, in the current system, nearly
98% of all series are opened by 9:32 a.m. Eastern Time. As such, the
Exchange states it anticipates that the majority of series would be
opened within ninety seconds of the Auction Process and would not be
impacted by the proposed rule change. However, for the minority of
option series that have not opened within the first ninety seconds, the
Exchange states that it is necessary and appropriate to allow such
series to open based on prices consistent with then-current market
conditions, provided the Calculated NBBO for the series is not crossed,
and does not contain a zero offer.
    The Exchange states that the proposed modification to the Auction
Process would continue to protect Market Orders and MOO Orders from
being executed (by cancelling such orders before conducting the
proposed Auction) when the Calculated NBBO spread exceeds the spread
differential established per current NYSE Arca Rule 6.64P-O(a)(10)(C)
before conducting the proposed Auction. In addition, the Exchange
states that the proposed modification would allow any eligible Limit
Orders to be executed in the proposed Auction, bound by the Calculated
NBBO. According to the Exchange, the Calculated NBBO (even if wide)
represents the best-priced quotes by Market Makers (which participants
generally are responsible for pricing the market) and/or the ABBO, the
presence of which indicates that another market has opened.\39\
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    \39\ The Exchanges states that options exchanges have varying
opening processes and have made separate determinations on what
constitutes individual, reasonable opening market widths. The
Exchange further states that, if other options exchanges opened a
series with a market width, it is reasonable to open the series for
trading on the Exchange as well (as orders submitted to other
exchanges may be trading at those widths). See Notice, supra note 3,
87 FR at 32206 n. 34.
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    The Exchange further states that, consistent with current
functionality (and with the approved Pillar Rule), the Exchange would
not permit any opening transactions to trade through any better-priced
interest on any Away Market, even it is permitted to do so.\40\ Rather,
because interest in the Auction would not trade outside of the
Calculated NBBO (which defines the then-current market for the series),
any Limit Orders executed in the proposed Auction would, bound by
Auction collars, would trade at a price that is equal to or better than
the price(s) available at other exchanges.\41\ Per NYSE Arca Rule

6.64P-O(f)(3)(A), any interest remaining after such Action is then
evaluated for potential routing prior to being posted to the
Consolidated Book. Further, the Exchange states that there are other
price protections available to limit the risk of executions at a wider
market price.\42\ Thus, the Exchange believes that the risk of an
extreme execution based on the Calculated NBBO available after the
initial Auction Process time period may be mitigated for the
aforementioned reasons. The Exchange believes that, on balance, the
benefits to market participants of having the series open earlier
outweighs this mitigated risk.
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    \40\ The Exchange states that, although the intermarket linkage
rules exempt from trade-through liability trades occurring during
the opening process, the Exchange would continue to restrict
transactions occurring at the open to the NBBO. See, e.g., NYSE Arca
Rule 6.94-O(b)(2) (exempting from trade-through liability those
transactions that ``traded through a Protected Quotation being
disseminated by an Eligible Exchange during a trading rotation''). A
``Protected Quotation'' is the Best Bid or Best Offer disseminated
by OPRA and displayed by an Eligible Exchange. See NYSE Arca Rule
6.92-O(15)-(16). See also Notice, supra note 3, 87 FR at 32206 n.
35.
    \41\ See, e.g., NYSE Arca Rule 6.64P-O(b)(2)(A) (A) (providing
that, `[i]f there is Matched Volume that can trade at or within the
Auction Collars, the Auction will result in a trade at the
Indicative Match Price); NYSE Arca Rule 6.64-O(a)(3), (9), and (11)
(defining Auction Collars, Indicative Match Price, and Matched
Volume, respectively). See also Notice, supra note 3, 87 FR at 32206
n. 36.
    \42\ See, e.g., NYSE Arca Rule 6.41P-O(a)(1), (b) (regarding the
Arbitrage Check, which the Exchange states is applied pre-open). The
Exchange states that the price protection mechanisms it employs
during continuous trading are based on the NBBO, or Auction Prices
as applicable; NYSE Arca Rule 6.41P-O(c)(4)(B) (regarding the
Intrinsic Value Check); NYSE Arca Rule 6.62P-O(a)(4)(A) (regarding
Limit Order Price Protection); and NYSE Arca Rule 6.62P-O(a)(4)(B)
(regarding Trading Collars). See also Notice, supra note 3, 87 FR at
32207 n. 37.
---------------------------------------------------------------------------

    Finally, the Exchange also proposes to modify the requirements to
open a series during the initial Auction Process time period for option
series with two or more assigned Market Makers, per NYSE Arca Rule
6.64P-O(d)(3)(C). The Exchange states that, per NYSE Arca Rule 6.64P-
O(3)(C)(i), if there are two or more Market Makers assigned to a
series, the Exchange will conduct the Auction, without waiting for the
Opening MMQ Timer to end, as soon as there is both a Legal Width Quote
and at least two assigned Market Makers have submitted a quote with a
non-zero offer. Per NYSE Arca Rule 6.64P-O(3)(C)(ii), if at least two
Market Makers assigned to a series have not submitted a quote with a
non-zero offer by the end of the Opening MMQ Timer, the Exchange will
begin a second Opening MMQ Timer. The Exchange proposes to modify these
provisions to provide that the Exchange would require that at least two
quotes with non-zero offers be submitted during the Opening MMQ Timer,
which quotes may be sent by one or more Market Makers.\43\
---------------------------------------------------------------------------

    \43\ See proposed NYSE Arca Rule 6.64P-O(d)(2) (providing that
``[o]nce a Rotational Quote has been sent, the Exchange will conduct
an Auction when there is both a Legal Width Quote and, if
applicable, Market Maker quotes with a non-zero offer in the series
(subject to the Opening MMQ Timer(s) requirements in paragraph
(d)(3) of this Rule'')) and NYSE Arca Rule 6.64P-O(d)(3)(C)(i)
(providing that ``[t]he Exchange will conduct the Auction, without
waiting for the Opening MMQ Timer to end, as soon as there is both a
Legal Width Quote and at least two quotes with a non-zero offer
submitted by assigned Market Maker(s)'') and (d)(3)(C)(ii)
(providing that ``[i]f the Exchange has not received at least two
quotes with a non-zero offer from any Market Maker(s) assigned to a
series by the end of the Opening MMQ Timer, the Exchange will begin
a second Opening MMQ Timer''). See also Notice, supra note 3, 87 FR
at 32207 n. 38.
---------------------------------------------------------------------------

    The Exchange states that the proposed change continues to encourage
(but not require) Market Makers to participate at the open, which may
increase the availability of Legal Width Quotes in more series, thereby
allowing more series to open in a timely manner. The Exchange states
that expanding the opportunities for each Market Maker to enter the
market--whether by each Market Maker submitting one quote or a single
Market Maker submitting two quotes--could result in the depth of
liquidity that market participants have come to expect in options with
multiple assigned Market Makers, and a more stable trading environment.
The Exchange states that the proposed rule change would provide more
flexibility in terms of how market depth is achieved (i.e., based on
quotes from a single Market Maker as opposed to two) and may result in
a more timely and efficient opening process. Further, the Exchange
states that the proposed change may increase the availability of Legal
Width Quotes in more series and would add clarity and transparency to
Exchange rules.

Other Exchange Rules: Proposed Non-Substantive or Clarifying Changes
44
---------------------------------------------------------------------------

    \44\ See Notice, supra note 3, 87 FR at 15.
---------------------------------------------------------------------------

    The Exchange also proposes to make several clarifying or non-
substantive changes to certain of its rules. First, the Exchange
proposes to modify paragraph (c) of NYSE Arca Rule 6.37-O (Obligations
of Market Makers) regarding ``Unusual Conditions--Auctions'' to add an
open parenthesis in the cross reference to NYSE Arca Rule 6.64P-
O(a)(10).\45\ The Exchange states that this proposed change would
correct an inadvertent omission and would add clarity and transparency
to Exchange rules.
---------------------------------------------------------------------------

    \45\ See proposed NYSE Arca Rule 6.37-O(c).
---------------------------------------------------------------------------

    Next, the Exchange proposes to correct several cross-references in
NYSE Arca Rule 6.62P-O (Orders and Modifiers). The Exchange proposes to
update the reference in NYSE Arca Rule 6.62P-O(e)(3)(C)(ii) regarding
Day ISO ALO Orders to correctly cross-reference paragraphs (e)(2)(C)-
(F) (rather than to paragraphs (e)(2)(C)-(G)) to cover the processing
of such ALO Orders once resting.\46\ The Exchange states that the
proposed change would correct an inadvertent error adding clarity and
transparency to Exchange rules. Similarly, the Exchange proposes to
update the reference in NYSE Arca Rule 6.62P-O(h)(6)(B) to correctly
cross-reference the defined term Complex Order, which is set forth in
NYSE Arca Rule 6.62P-O(f) (rather than paragraph (e)).\47\ The
Exchanges states that the proposed change would correct an inadvertent
error adding clarity and transparency to Exchange rules.
---------------------------------------------------------------------------

    \46\ See proposed NYSE Arca Rule 6.62P-O(e)(3)(C)(ii).
    \47\ See proposed NYSE Arca Rule 6.62P-O(h)(6)(B).
---------------------------------------------------------------------------

III. Proceedings To Determine Whether To Approve or Disapprove SR-
NYSEARCA-2022-31 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \48\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved. Rather, as described below, the
Commission seeks and encourages interested persons to provide comments
on the proposed rule change.
---------------------------------------------------------------------------

    \48\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\49\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposed rule change's consistency with Section 6(b)(5)
of the Act \50\ which requires, among other things, that the rules of a
national securities exchange be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system and, in general,
to protect investors and the public interest and not be designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.\51\ As discussed above, the Exchange is proposing to modify
NYSE Arca Rule 6.64P-O regarding the automated process for both opening
and reopening trading in a series on the Exchange on Pillar. The
Commission has concerns about whether the auction process, as currently
proposed, raises the potential risk of the auction resulting in a trade
execution at an extreme price and whether the Exchange has in place

sufficient measures to protect against or mitigate the potential
execution of investor orders in the auction at such a price.
---------------------------------------------------------------------------

    \49\ Id.
    \50\ 15 U.S.C. 78f(b)(5).
    \51\ See id.
---------------------------------------------------------------------------

    Under the Commission's Rules of Practice, the ``burden to
demonstrate that a proposed rule change is consistent with the Exchange
Act and the rules and regulations thereunder . . . is on the self-
regulatory organization [`SRO'] that proposed the rule change.'' \52\
The description of a proposed rule change, its purpose and operation,
its effect, and a legal analysis of its consistency with applicable
requirements must all be sufficiently detailed and specific to support
an affirmative Commission finding,\53\ and any failure of an SRO to
provide this information may result in the Commission not having
sufficient basis to make an affirmative finding that a proposed rule
change is consistent with the Exchange Act and the applicable rule and
regulations.\54\
---------------------------------------------------------------------------

    \52\ Rule 700(b)(3), Commission Rules of Practice, 17 CFR
201.700(b)(3).
    \53\ See id.
    \54\ See id.
---------------------------------------------------------------------------

    For these reasons, the Commission believes it is appropriate to
institute proceedings pursuant to Section 19(b)(2)(B0 of the Exchange
Act \55\ to determine whether the proposal should be approved or
disapproved.
---------------------------------------------------------------------------

    \55\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposed rule change
is consistent with Section 6(b)(5) or any other provision of the Act,
or the rules and regulations thereunder. Although there do not appear
to be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of views, data, and arguments, the
Commission will consider, pursuant to Rule 19b-4 under the Act, any
request for an opportunity to make an oral presentation.\56\
---------------------------------------------------------------------------

    \56\ Section 19(b)(2) of the Act grants the Commission
flexibility to determine what type of proceeding--either oral or
notice and opportunity for written comments--is appropriate for
consideration of a particular proposal by an SRO. See Securities Act
Amendments of 1975, Report of the Senate Committee on Banking,
Housing and Urban Affairs to Accompany S. 249, S. Rep. No. 75, 94th
Cong., 1st Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposed rule change should be approved
or disapproved by September 19, 2022. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
October 3, 2022. The Commission asks that commenters address the
sufficiency of the Exchange's statements in support of the proposal,
which are set forth in the Notice,\57\ and any other issues raised by
the proposed rule change under the Act.
---------------------------------------------------------------------------

    \57\ See supra note 3.
---------------------------------------------------------------------------

    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEARCA-2022-31 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEARCA-2022-31. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly.
    All submissions should refer to File Number SR-NYSEARCA-2022-31 and
should be submitted on or before September 19, 2022. Rebuttal comments
should be submitted by October 3, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\58\
---------------------------------------------------------------------------

    \58\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-18501 Filed 8-26-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44211-44214]
[FR Doc No: 2018-18734]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0766; Product Identifier 2018-NM-111-AD; Amendment
39-19383; AD 2018-18-04]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus SAS Model A350-941 and -1041 airplanes. This AD was prompted by
a report of protective caps that were not removed from fire
extinguishing lines in certain areas of the engines. This AD requires
an inspection for the presence of protective caps on fire extinguishing
lines, and corrective action. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD becomes effective September 14, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
14, 2018.
    We must receive comments on this AD by October 15, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Airbus SAS,

Airworthiness Office--EAL, Rond-Point Emile Dewoitine No: 2, 31700
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45
80; email [email protected]; internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0766.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0766; or in person at the Docket Operations office 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 Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0154, dated July 19, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Airbus SAS Model A350-941 and -1041
airplanes. The MCAI states:

    During an inspection on the A350 final assembly line, after
engine installation, protective caps were found still in place on
fire extinguishing lines at engine zone 1 and zone 3. Further
investigations indicated that this failure of removing them, as the
standard instructions specify, may have occurred on other
aeroplanes. Airbus has identified the [manufacturer serial numbers]
MSN that may be affected.
    This condition, if not detected and corrected, could, in case of
an engine fire, prevent extinguishing that engine fire, possibly
resulting in reduced control of the aeroplane.
    To address this unsafe condition, Airbus published the [Alert
Operators Transmission A26P004-18, Revision 00, dated June 26, 2018]
AOT to provide inspection instructions.
    For the reasons described above, this [EASA] AD requires a one-
time detailed inspection (DET) of the affected areas and, depending
on findings, [corrective action].

    Corrective action includes removal of the protective caps and
cleaning out any melted protective caps. You may examine the MCAI on
the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0766.

Related Service Information Under 1 CFR Part 51

    Airbus SAS has issued Alert Operators Transmission (AOT) A26P004-
18, Revision 00, dated June 26, 2018. This service information
describes procedures for inspection for the presence of protective caps
on fire extinguishing lines, and corrective actions. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in the service
information described previously.

FAA's 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
protective caps still in place on fire extinguishing lines in certain
areas of the engines could, in case of an engine fire, prevent
extinguishing that engine fire, possibly resulting in reduced control
of the airplane. Therefore, we determined that notice and opportunity
for public comment before issuing this AD are impracticable and that
good cause exists for making this amendment effective in fewer than 30
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2018-0766; Product
Identifier 2018-NM-111-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 based on
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 11 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85             $935
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition
action that would be required based on the results of any required
actions. We have no way of determining the number of aircraft

that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......              $0              $85
------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    We determined that 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 the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-18-04 Airbus SAS: Amendment 39-19383; Docket No. FAA-2018-0766;
Product Identifier 2018-NM-111-AD.

(a) Effective Date

    This AD becomes effective September 14, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in Airbus
Alert Operators Transmission (AOT) A26P004-18, Revision 00, dated
June 26, 2018.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire
Protection.

(e) Reason

    This AD was prompted by a report of protective caps that were
not removed from fire extinguishing lines in certain areas of the
engines. We are issuing this AD to address protective caps remaining
on fire extinguishing lines in certain areas of the engines, which
could, in case of an engine fire, prevent extinguishing that engine
fire, possibly resulting in reduced control of the airplane.

(f) Compliance

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

(g) Inspection for Caps

    Within 4 months after the effective date of this AD, accomplish
a detailed inspection of the affected areas in accordance with
paragraph 4.2.2, Inspection Requirements, of Airbus Alert Operators
Transmission (AOT) A26P004-18, Revision 00, dated June 26, 2018.

(h) Corrective Action

    If, during the inspection required by paragraph (g) of this AD,
any protective cap is found installed, before next flight, do all
applicable corrective actions (removing the cap or cleaning out any
melted caps) in accordance with paragraph 4.2.3, Findings, of Airbus
Alert Operators Transmission (AOT) A26P004-18, Revision 00, dated
June 26, 2018.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus SAS's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified

as RC may be deviated from using accepted methods in accordance with
the operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0154, dated July 19, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0766.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 45 80; email [email protected];
internet http://www.airbus.com. You may view this service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

(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 this AD specifies otherwise.
    (i) Airbus Alert Operators Transmission (AOT) A26P004-18,
Revision 00, dated June 26, 2018.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 45 80; email [email protected];
internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on August 21, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-18734 Filed 8-29-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: May 27, 2008 (Volume 73, Number 102)]
[Notices]
[Page 30414]
[DOCID:fr27my08-81]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1749-DR]

Missouri; Amendment No. 7 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the
State of Missouri (FEMA-1749-DR), dated March 19, 2008, and related
determinations.

EFFECTIVE DATE: May 9, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective May 9, 2008.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidential Declared Disaster Areas; 97.049, Presidential Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidential Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-11688 Filed 5-23-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Rules and Regulations]
[Pages 33056-33057]
[FR Doc No: 2014-13386]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 106

[Docket No. FDA-2014-D-0033]

Guidance for Industry: Demonstration of the Quality Factor
Requirements for ``Eligible'' Infant Formulas; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of a final guidance which describes our current thinking
on the quality factor requirements for eligible infant formulas, the
record requirements for eligible infant formulas, and the submission of
citizen petitions for eligible infant formulas.

DATES: Submit either electronic or written comments on FDA guidances at
any time.

ADDRESSES: Submit written requests for single copies of the guidance to
the Office of Nutrition, Labeling, and Dietary Supplements, Center for
Food Safety and Applied Nutrition (HFS-850), Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740. Send
two self-addressed adhesive labels to assist that office in processing
your request. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance.
    Submit electronic comments on the guidance to http://www.regulations.gov.

Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Benson M. Silverman, Center for Food
Safety and Applied Nutrition (HFS-850), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of a guidance for industry
entitled ``Guidance for Industry: Demonstration of the Quality Factor
Requirements Under 21 CFR 106.96(i) for `Eligible' Infant Formulas.''
This guidance is being issued consistent with our good guidance
practices regulation (21 CFR 10.115). The guidance represents our
current thinking on this topic. It does not create or confer any rights
for or on any person and does not operate to bind FDA or the public. An
alternate approach may be used if such approach satisfies the
requirements of the applicable statutes and regulations.
    The guidance is intended to address questions regarding new
requirements for eligible infant formulas in 21 CFR 106.96(i). A final
rule amending part 106, and establishing the requirements under Sec.
106.96(i), is published elsewhere in this issue of the Federal
Register.
    In the Federal Register of February 10, 2014 (79 FR 7609), we made
available a draft guidance entitled ``Draft Guidance for Industry:
Demonstration of the Quality Factor Requirements for `Eligible' Infant
Formulas'' and gave interested parties an opportunity to submit
comments by March 27, 2014, for us to consider before beginning work on
the final version of the guidance. We received no comments on the draft
guidance but have modified the final guidance where appropriate to
correspond to requirements set forth in the final rule, ``Current Good
Manufacturing Practices, Quality Control Procedures, Quality Factors,
Notification Requirements, and Records and Reports, for Infant
Formula,'' published elsewhere in this issue of the Federal Register.
For example, because the final rule revised the definition of an
``eligible infant formula'' from what was originally published in an
interim final rule on February 10, 2014 (79 FR 7934), we revised the
guidance to reflect that change. In addition, we revised the guidance
to provide more detailed recommendations if a manufacturer includes
proprietary information in its citizen petition submitted in accordance
with Sec.  106.96(i)(3). Furthermore, we made other edits so that the
language in the guidance corresponds more closely to that used in the
final rule. The guidance announced in this document finalizes the draft
guidance dated February 2014.

II. Paperwork Reduction Act of 1995

    This guidance refers to existing regulations in part 10 (21 CFR
part 10) as well as the final rule, ``Current Good Manufacturing
Practices, Quality Control Procedures, Quality Factors, Notification
Requirements, and Records and Reports, for Infant Formula,'' published
elsewhere in this issue of the Federal Register, which amends parts 106
and 107 (21 CFR parts 106 and 107). The collection of information in
part 10 has been approved under OMB control number 0910-0183. The
collections of information in parts 106 and 107 have been approved
under OMB control number 0910-0256. These collections of information
amended by the final rule are subject to review by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3520). The Information Collection Request for the final
rule is currently under review.

III. Comments

    Interested persons may submit either electronic comments regarding
the guidance to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

IV. Electronic Access

    Persons with access to the Internet may obtain the guidance at
http://www.fda.gov/FoodGuidances or http://www.regulations.gov. Use the
FDA Web site listed in the previous sentence to find the most current
version of the guidance.

    Dated: June 4, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-13386 Filed 6-9-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: June 2, 2008 (Volume 73, Number 106)]
[Notices]
[Page 31460]
[DOCID:fr02jn08-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER08-638-000; ER08-638-001]

Crafton LLC; Notice of Issuance of Order

May 23, 2008.
    Crafton LLC (Crafton LLC) filed an application for market-based
rate authority, with an accompanying rate schedule. The proposed
market-based rate schedule provides for the sale of energy and capacity
at market-based rates. Crafton also requested waivers of various
Commission regulations. In particular, Crafton requested that the
Commission grant blanket approval under 18 CFR part 34 of all future
issuances of securities and assumptions of liability by Crafton.
    On May 23, 2008, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development-West, granted the requests
for blanket approval under part 34 (Director's Order). The Director's
Order also stated that the Commission would publish a separate notice
in the Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard concerning the
blanket approvals of issuances of securities or assumptions of
liability by Crafton, should file a protest with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure. 18 CFR 385.211, 385.214 (2004). The Commission
encourages the electronic submission of protests using the FERC Online
link at http://www.ferc.gov.
    Notice is hereby given that the deadline for filing protests is
June 23, 2008.
    Absent a request to be heard in opposition to such blanket
approvals by the deadline above, Crafton is authorized to issue
securities and assume obligations or liabilities as a guarantor,
indorser, surety, or otherwise in respect of any security of another
person; provided that such issuance or assumption is for some lawful
object within the corporate purposes of Crafton, compatible with the
public interest, and is reasonably necessary or appropriate for such
purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Crafton's issuance of securities or assumptions
of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the
docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-12210 Filed 5-30-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Notices]
[Pages 12048-12049]
[FR Doc No: 2013-03956]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP13-78-000]

Gulf Shore Energy Partners, LP; Notice of Abbreviated Application
for Limited Amendment to Certificate of Public Convenience and
Necessity

    On February 11, 2013, Gulf Shore Energy Partners, LP (``Gulf
Shore''), filed an abbreviated application for limited amendment to
certificate of public convenience and necessity pursuant to Section
7(c) of the Natural Gas Act (``NGA''), requesting authorization to
amend its initial rates.
    Any person desiring to intervene or to protest in this proceeding
must file in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
will be considered by the Commission in determining the appropriate
action to be taken, but will not serve to make protestants parties to
the proceeding. Anyone filing a motion to intervene or protest must
serve a copy of that document on the Applicant. In reference to filings
initiating a new proceeding, interventions or protests submitted on or
before the comment deadline need not be served on persons other than
the Applicant.

    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on Monday, February 25, 2013.

    Dated: February 14, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-03956 Filed 2-20-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Notices]
[Pages 34402-34403]
[FR Doc No: 2015-14740]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-500-000]

Trans-Pecos Pipeline, LLC; Notice of Application

    Take notice that on May 28, 2015, Trans-Pecos Pipeline, LLC (Trans-
Pecos), 1300 Main Street, Houston, Texas 77002, filed an application in
Docket No. CP15-500-000 under section 3 of the Natural Gas Act (NGA),
and Part 153 of the Commission's regulations requesting authorization
to site, construct, and operate new natural gas facilities to import/
export natural gas between the United States to the Republic of Mexico
at a point on the International Boundary in Presidio County, Texas, all
as more fully set forth in the application which is on file with

the Commission and open to public inspection.
    Any questions regarding this application should be directed to
Kelly Allen, Manager, Regulatory Affairs Department, Trans-Pecos
Pipeline, LLC, 1300 Main Street, Houston, Texas 77002, or by calling
(713) 989-2606 (telephone) or<PHONE_NUMBER> (fax)
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 5 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 5 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on June 30, 2015.

    Dated: June 9, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-14740 Filed 6-15-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 1, 2008 (Volume 73, Number 149)]
[Rules and Regulations]
[Page 44909-44911]
[DOCID:fr01au08-2]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

14 CFR Part 97

[Docket No. 30621; Amdt. No. 3281]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective August 1, 2008. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 1, 2008.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination--

    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
Information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.

    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under DOT
Regulatory Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC on July 25, 2008.
James J. Ballough,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal regulations, Part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

    1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
        FDC date               State                 City                   Airport           FDC  No.                       Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
07/10/08...............  CT                 DANIELSON.............  DANIELSON.............       8/6791  VOR-A, AMDT 6B.
07/10/08...............  FL                 FORT LAUDERDALE.......  FORT LAUDERDALE/             8/6793  RNAV (GPS) RWY 13, ORIG-A.
                                                                     HOLLYWOOD INTL.
07/10/08...............  NY                 ROCHESTER.............  GREATER ROCHESTER INTL       8/6804  ILS OR LOC RWY 4, AMDT 18.
07/10/08...............  CT                 WINDSOR LOCKS.........  BRADLEY INTL..........       8/6807  VOR OR TACAN RWY 33, ORIG-B.
07/10/08...............  VA                 RICHMOND/ASHLAND......  HANOVER COUNTY MUNI...       8/6823  VOR RWY 16, AMDT 2.
07/11/08...............  NH                 PORTSMOUTH............  PORTSMOUTH                   8/7037  ILS OR LOC RWY 34, AMDT 2.
                                                                     INTERNATIONAL AT
                                                                     PEASE.
07/11/08...............  VA                 MARTINSVILLE..........  BLUE RIDGE............       8/7042  TAKEOFF MINS AND OBSTACLE DP, AMDT 2.
07/11/08...............  VA                 MARTINSVILLE..........  BLUE RIDGE............       8/7043  RNAV (GPS) RWY 30, AMDT 1.
07/11/08...............  MN                 WILLMAR...............  WILLMAR MUNI--JOHN L         8/7083  RNAV (GPS) RWY 13, ORIG.
                                                                     RICE FIELD.
07/11/08...............  MN                 ST. PAUL..............  ST PAUL DOWNTOWN             8/7119  ILS OR LOC RWY 32, AMDT 4A.
                                                                     HOLMAN FLD.
07/11/08...............  MN                 ST. PAUL..............  ST PAUL DOWNTOWN             8/7120  ILS RWY 14, ORIG-A.
                                                                     HOLMAN FLD.
07/11/08...............  MN                 ST. PAUL..............  ST PAUL DOWNTOWN             8/7121  COPTER ILS RWY 32, ORIG.
                                                                     HOLMAN FLD.
07/11/08...............  OH                 JACKSON...............  JAMES A. RHODES.......       8/7131  RNAV (GPS) RWY 1, AMDT 1.
07/11/08...............  OH                 JACKSON...............  JAMES A. RHODES.......       8/7132  RNAV (GPS) RWY 19, AMDT 1.
07/11/08...............  OH                 JACKSON...............  JAMES A. RHODES.......       8/7133  VOR/DME A, AMDT 2
07/11/08...............  AK                 NOME..................  NOME..................       8/7169  ILS OR LOC/DME Y RWY 28, AMDT 3.
07/11/08...............  AK                 NOME..................  NOME..................       8/7170  ILS OR LOC/DME Z RWY 28, AMDT 3.
07/11/08...............  NE                 LEXINGTON.............  JIM KELLY FIELD.......       8/7183  RNAV (GPS) RWY 14, AMDT 1.
07/12/08...............  MI                 OSCODA................  OSCODA-WURTSMITH......       8/7241  ILS OR LOC/DME RWY 24, AMDT 2.
07/12/08...............  MI                 FLINT.................  BISHOP INTL...........       8/7242  RNAV (GPS) RWY 9, ORIG.
07/12/08...............  MI                 FLINT.................  BISHOP INTL...........       8/7243  RNAV (GPS) RWY 18, ORIG.
07/12/08...............  PA                 PITTSBURGH............  PITTSBURGH INTL.......       8/7266  RNAV (GPS) RWY 14, AMDT 3.
07/13/08...............  NE                 GRANT.................  GRANT MUNI............       8/7318  NDB RWY 15, AMDT 3.
07/13/08...............  NE                 GRANT.................  GRANT MUNI............       8/7319  NDB RWY 33, AMDT 3.
07/13/08...............  NE                 GRANT.................  GRANT MUNI............       8/7320  VOR/DME RWY 15, ORIG.
07/14/08...............  NC                 WADESBORO.............  ANSON COUNTY..........       8/7439  RNAV (GPS) RWY 16, ORIG.
07/14/08...............  OK                 TULSA.................  TULSA INTL............       8/7489  RNAV (GPS) RWY 36L, ORIG.
07/14/08...............  OK                 BUFFALO...............  BUFFALO MUNI..........       8/7490  NDB A, AMDT 2A.
07/14/08...............  OK                 BUFFALO...............  BUFFALO MUNI..........       8/7491  RNAV (GPS) RWY 17, ORIG.
07/16/08...............  AK                 YAKUTAT...............  YAKUTAT...............       8/7878  RNAV (GPS) RWY 29, AMDT 2.
07/16/08...............  OR                 NORTH BEND............  SOUTHWEST OREGON RGNL.       8/7879  TAKEOFF MINS AND OBSTACLE DP, AMDT 4.
07/16/08...............  KS                 FORT LEAVENWORTH......  SHERMAN AAF...........       8/7885  RNAV (GPS) RWY 15, ORIG.
07/16/08...............  KS                 FORT LEAVENWORTH......  SHERMAN AAF...........       8/7888  VOR/DME A, ORIG-A.
07/16/08...............  KS                 FORT LEAVENWORTH......  SHERMAN AAF...........       8/7889  RNAV (GPS) RWY 33, ORIG.

07/16/08...............  KS                 FORT LEAVENWORTH......  SHERMAN AAF...........       8/7890  NDB RWY 33, AMDT 4.
07/21/08...............  FL                 ORLANDO...............  ORLANDO INTL..........       8/8597  RNAV (GPS) RWY 17L, ORIG-A.
07/21/08...............  FL                 ORLANDO...............  ORLANDO INTL..........       8/8598  ILS OR LOC RWY 17L, ORIG-A.
07/21/08...............  CA                 SAN DIEGO/EL CAJON....  GILLESPIE FIELD.......       8/8677  LOC-D, AMDT 10A.
05/31/08...............  MT                 GREAT FALLS...........  GREAT FALLS INTL......       8/9063  NDB RWY 34, AMDT 16A THIS NOTAM PUBLISHED IN TL
                                                                                08-15 IS HEREBY RESCINDED.
05/31/08...............  IN                 RICHMOND..............  RICHMOND MUNI.........       8/9127  VOR OR GPS RWY 6, AMDT 11A. THIS NOTAM
                                                                                PUBLISHED IN TL 08-15 IS HEREBY RESCINDED IN
                                                                                ITS ENTIRETY.
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[FR Doc. E8-17619 Filed 7-31-08; 8:45 am]

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