[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Rules and Regulations]
[Pages 16571-16573]
[FR Doc No: 2015-07227]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2012-0352; FRL-9925-51-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
State of Montana Second 10-Year Carbon Monoxide Maintenance Plan for
Billings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Montana.
On July 13, 2011, the Governor of Montana's designee submitted to EPA a
second 10-year maintenance plan for the Billings area for the carbon
monoxide (CO) National Ambient Air Quality Standard (NAAQS). This
maintenance plan addresses maintenance of the CO NAAQS for a second 10-
year period beyond the original redesignation. EPA

is also approving an alternative monitoring strategy for the Billings
CO maintenance area, which was submitted by the Governor's designee on
June 22, 2012.

DATES: This final rule is effective April 29, 2015.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R08-OAR-2012-0352. All documents in the docket
are listed in the www.regulations.gov index. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
St., Denver, Colorado 80202-1129. EPA requests that if at all possible,
you contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy of the docket. You may view the
hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Adam Clark, EPA, Region 8, Mailcode
8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-
7104<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:

    (i) The words or initials Act or CAA mean or refer to the Clean
Air Act, unless the context indicates otherwise.
    (ii) The initials CO mean or refer to carbon monoxide.
    (iii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iv) The initials NAAQS mean or refer to the National Ambient
Air Quality Standards.
    (v) The initials SIP mean or refer to State Implementation Plan.
    (vi) The words Montana and State mean or refer to the State of
Montana.

I. Background

    Eight years after an area is redesignated to attainment, Clean Air
Act (CAA) section 175A(b) requires the state to submit a subsequent
maintenance plan to EPA, covering a second 10-year period.\1\ This
maintenance plan must demonstrate continued compliance with the NAAQS
during this second 10-year period. On July 13, 2011, the Governor of
Montana's designee submitted to EPA a second 10-year maintenance plan
for the Billings area for the CO NAAQS.
---------------------------------------------------------------------------

    \1\ In this case, the initial maintenance period extended
through 2012. Thus, the second 10-year period extends through 2022.
---------------------------------------------------------------------------

    Along with the revised Billings Maintenance Plan, the State
submitted a CO maintenance plan for the Great Falls, Montana
maintenance area, and an alternative strategy for monitoring continued
attainment of the CO NAAQS in all of the State's CO maintenance areas
on July 13, 2011.\2\ The State submitted the alternative monitoring
strategy in order to conserve resources by discontinuing the gaseous CO
ambient monitors in both the Billings and Great Falls CO maintenance
areas. We commented on the State's ``Alternative Monitoring Strategy,''
and the State submitted a revised version of the strategy, which
incorporated our comments on June 22, 2012.
---------------------------------------------------------------------------

    \2\ In addition to Billings and Great Falls, the Missoula, MT CO
maintenance area was included in the July 13, 2011 Alternative
Monitoring Strategy.
---------------------------------------------------------------------------

    In a document published on December 2, 2014, we proposed approval
of the Billings second 10-year maintenance plan and the associated
``Alternative Monitoring Strategy.'' (79 FR 71369)

II. Response to Comments

    The comment period for our December 2, 2014 proposed rule was open
for 30 days. We did not receive any comments on the proposed action.

III. Final Action

    EPA is approving the revised Billings Maintenance Plan submitted on
July 13, 2011. This maintenance plan meets the applicable CAA
requirements and EPA has determined it is sufficient to provide for
maintenance of the CO NAAQS over the course of the second 10-year
maintenance period out to 2022.
    EPA is also approving the State's Alternative Monitoring Strategy,
submitted on June 22, 2012, for the Billings CO maintenance area. We
are not approving application of the Alternative Monitoring Strategy in
other areas of Montana with this action, as the Alternative Monitoring
Strategy must be considered on a case-by-case basis specific to the
circumstances of each particular CO maintenance area rather than
broadly.

IV. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have

tribal implications and will not impose substantial direct costs on
tribal governments or preempt tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 29, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: March 17, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart BB--Montana

0
2. Section 52.1373 is amended by revising paragraph (b) to read as
follows:

Sec.  52.1373  Control strategy: Carbon monoxide.

* * * * *
    (b) Revisions to the Montana State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Billings, as submitted by the
Governor's Designee on July 13, 2011, and the associated Alternative
Monitoring Strategy for Billings, as submitted by the Governor's
Designee on June 22, 2012.
* * * * *

[FR Doc. 2015-07227 Filed 3-27-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Notices]
[Page 28284]
[FR Doc No: 2013-11436]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0040]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated April 11, 2013, Canadian Pacific Railway (CP) has petitioned the
Federal Railroad Administration (FRA) for a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR part 232, Brake System Safety Standards for Freight and Other
NonPassenger Trains and Equipment; End-of-Train Devices. FRA assigned
the petition Docket Number FRA-2013-0040.
    Specifically, CP requests relief from 49 CFR 232.205(c)(1)(ii)(B),
Class I brake tests--initial terminal inspection, and 49 CFR
232.207(b)(1), Class IA brake tests--1,000-mile inspection for trains
operating in distributive power (DP) mode. CP requests that FRA allow
90 cubic feet per minute (CFM) instead of 60 CFM airflow method leakage
tests on trains operating in DP mode. CP states that it has been
operating trains without incident under these conditions in Canada
since 2010. CP's testing has demonstrated that: (1) The operation of DP
trains with flow up to 90 CFM is safe, and (2) DP operation enhances
safer train handling in cold weather. A summary of CP's testing and
experience with higher-flow DP trains in Canada is illustrated in an
American Society of Mechanical Engineers' (ASME) paper authored by CP
and Wabtec Corporation, presented at the ASME/American Society of Civil
Engineers/Institute of Electrical and Electronic Engineers 2012 Joint
Rail Conference, and placed in the subject docket. CP has also included
in its petition the proposed operating rule outlining when and how DP
trains will be authorized to use the requested maximum 90 CFM air test
criteria.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by June 28, 2013 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as is practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on May 8, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-11436 Filed 5-13-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Rules and Regulations]
[Pages 43744-43747]
[FR Doc No: 2018-18272]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0554; Product Identifier 2016-NM-201-AD; Amendment
39-19370; AD 2018-17-16]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus SAS Model A300 series airplanes; Model A300 B4-600, B4-600R, and
F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes
(collectively called Model A300-600 series airplanes); and Model A310
series airplanes. This AD was prompted by a static analysis performed
by Airbus SAS that revealed some areas of the wing structure cannot
sustain the damage limits previously published in certain structural
repair manuals. This AD requires an inspection to determine whether
repair or damage to certain wing areas is beyond the allowable limits;
and repair if necessary. We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective October 2, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publication listed in this AD as of October 2,
2018.

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 44 51; 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>. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0554.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0554; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus SAS Model A300
series airplanes; Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes); and Model A310 series
airplanes. The NPRM published in the Federal Register on June 12, 2017
(82 FR 26869).

    We are issuing this AD to address any repair or damage on the wing
structure that is outside the allowable structural limits. Such
conditions could reduce the structural integrity of the wings and could
result in loss of control of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2016-0229, dated November 15, 2016 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus SAS Model A300 series
airplanes; Model A300 B4-600, B4-600R, and F4-600R series airplanes,
and Model A300 C4-605R Variant F airplanes (collectively called Model
A300-600 series airplanes); and Model A310 series airplanes. The MCAI
states:

    A static analysis performed by Airbus on A300, A310, A300-600,
and A300-600ST aeroplanes, revealed that some areas of the wing
structure cannot sustain the damage previously published in the
A300, A310, A300-600, and A300-600ST Structural Repair Manuals
(SRM).
    The SRMs were therefore amended to reduce the dimensions of
allowable damage and to indicate the areas of the wing structure
where damage is no longer acceptable.
    This condition, if not detected, could reduce the structural
integrity of the wings.
    Consequently, Airbus issued Service Bulletins (SB) A300-57-0256,
A310-57-2102, A300-57-6114, and A300-57-9027 (hereafter referred to
as ``the applicable Airbus SB''), as applicable for A300, A310,
A300-600, and A300-600ST aeroplanes, to inspect the areas identified
in these SBs and determine if the repair(s) or damage(s) found stay
within the limits indicated in the latest SRM issue (including
temporary revisions).
    For the reason described above, this [EASA] AD requires
accomplishment of an inspection of the aeroplane records. If
aeroplane records are missing or incomplete, a Detail Inspection
(DET) of specific wing areas is required to ensure that no repair or
damage is beyond the limits allowed in the current revision of the
SRM (including temporary revisions) [and repair if necessary].

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0554.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment. FedEx stated that it
supported the NPRM.

Request To Delay the Issuance Pending New Service Information

    Airbus and United Parcel Service (UPS) requested that we delay
issuance of the final rule until new service information is released.
Airbus stated that a configuration issue and an allowable damage limit
issue has been identified for certain freighter manufacturer serial
numbers, as specified in Airbus Service Bulletin A300-57-6114, Revision
00, dated August 3, 2015. Airbus also stated that it intends to update
the service information.
    UPS stated that certain configurations specified in Airbus Service
Bulletin A300-57-6114, Revision 00, dated August 3, 2015, do not meet
the intent of the proposed AD because airplanes with a freighter
configuration have an additional inspection of the wing lower skin
between ribs 26 and 27. UPS also stated that the allowable damage
limitations are inconsistent between Airbus Service Bulletin A300-57-
6114, Revision 00, dated August 3, 2015, and applicable SRM references.
    We agree with the commenters' request. Since the NPRM has been
issued, Airbus SAS has issued Service Bulletin A300-57-6114, Revision
01, dated June 19, 2018, and has updated the applicable SRMs referenced
in the service information. Airbus Service Bulletin A300-57-6114,
Revision 01, dated June 19, 2018, does not contain substantive changes.
Therefore, we have revised paragraph (i)(2) of this AD to refer to
Airbus Service Bulletin A300-57-6114, Revision 01, dated June 19, 2018.
We have also added paragraph (j) of this AD to give credit for actions
in paragraph (g) of this AD completed before the effective date of this
AD using Airbus Service Bulletin A300-57-6114, Revision 00, dated
August 3, 2015. We redesignated subsequent paragraphs accordingly.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    We reviewed the following Airbus SAS Service Information.
     Airbus Service Bulletin A300-57-0256, Revision 00, dated
August 3, 2015 (Airbus Model A300 series airplanes).
     Airbus Service Bulletin A300-57-6114, Revision 01, dated
June 19, 2018 (for Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes)).
     Airbus Service Bulletin A310-57-2102, Revision 00, dated
August 3, 2015 (for Model A310 series airplanes).
    This service information describes a review of the airplane
maintenance records and a detailed inspection of the left-hand and
right-hand wing areas to determine whether any repair or damage is
beyond the allowable limits in the current revision of the SRM, and
repair if necessary. These documents are distinct since they apply to
different airplane models in different configurations. 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.

Costs of Compliance

    We estimate that this AD affects 128 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  Up to 18 work-hours x                $0  Up to $1,530......  Up to $195,840.
                                  $85 per hour = $1,530.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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 and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under 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):

2018-17-16 Airbus SAS: Amendment 39-19370; Docket No. FAA-2017-0554;
Product Identifier 2016-NM-201-AD.

(a) Effective Date

    This AD is effective October 2, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A300 B2-1A, B2-1C, B2K-3C,
B2-203, B4-2C, B4-103, and B4-203 airplanes; Model A300 B4-600, B4-
600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F
airplanes (collectively called Model A300-600 series airplanes); and
Model A310-203, -204, -221, -222, -304, -322, -324, and -325
airplanes; certificated in any category, all manufacturer serial
numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a static analysis performed by Airbus
SAS that revealed that some areas of the wing structure cannot
sustain the damage limits previously published in the Airbus A300,
A310, A300-600, and A300-600ST Structural Repair Manuals. We are
issuing this AD to detect and correct any repair or damage on the
wing structure that is outside the allowable structural limits. Such
conditions could reduce the structural integrity of the wings and
could result in loss of control of the airplane.

(f) Compliance

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

(g) Inspection

    Within 36 months after the effective date of this AD: Do a
detailed inspection of the left-hand and right-hand wing areas to
determine whether any repair or damage exceeds the allowable
structural limits, in accordance with the Accomplishment
Instructions of the applicable service information specified in
paragraph (i) of this AD. A review of airplane maintenance records
is acceptable in lieu of this inspection if it can be positively
determined from that review whether any repair or damage exceeds the
allowable structural limits and the airplane configuration can be
conclusively determined from that review.

(h) Corrective Action

    If, during any review or inspection, as required by paragraph
(g) of this AD, any repair or damage is found that is outside the
allowable structural limits specified in the applicable service
information in paragraph (i) of this AD: Within 3 months after
accomplishing the review or inspection required by paragraph (g) of
this AD, repair 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.

(i) Service Information for the Actions Specified in Paragraph (g) of
This AD

    Use the applicable service information for the actions specified
in paragraph (g) of this AD.
    (1) Airbus Service Bulletin A300-57-0256, Revision 00, dated
August 3, 2015 (for Airbus Model A300 series airplanes).
    (2) Airbus Service Bulletin A300-57-6114, Revision 01, dated
June 19, 2018 (for Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes)).
    (3) Airbus Service Bulletin A310-57-2102, Revision 00, dated
August 3, 2015 (for Model A310 series airplanes).

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Airbus Service Bulletin A300-57-6114, Revision
00, dated August 3, 2015.

(k) 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 manager of the International Section, send it to the
attention of the person identified in paragraph (l)(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 EASA; or Airbus SAS's
EASA 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0229, dated November 15, 2016, 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-2017-0554.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(3) and (m)(4) of this AD.

(m) 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 Service Bulletin A300-57-0256, Revision 00, dated
August 3, 2015.
    (ii) Airbus Service Bulletin A300-57-6114, Revision 01, dated
June 19, 2018.
    (iii) Airbus Service Bulletin A310-57-2102, Revision 00, dated
August 3, 2015.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; 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 16, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-18272 Filed 8-27-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Notices]
[Pages 7274-7278]
[FR Doc No: 2018-03310]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82701; File No. SR-MRX-2018-04]

Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Memorialize
Functionality Designed To Assist Members in the Event That They Lose
Communication

February 13, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 2, 2018, Nasdaq MRX, LLC (``MRX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to a proposal to memorialize functionality
which is designed to assist Members in the event that they lose
communication with their assigned Specialized Quote Feed (``SQF''),\3\
Financial Information

eXchange (``FIX''),\4\ or Ouch to Trade Options (``OTTO'') \5\ Ports
due to a loss of connectivity.
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    \3\ SQF is an interface that allows market makers to connect and
send quotes, sweeps and auction responses into the Exchange.
    \4\ FIX is an interface that allows market participants to
connect and send orders and auction orders into the Exchange.
    \5\ OTTO is an interface that allows market participants to
connect and send orders, auction orders and auction responses into
the Exchange.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqmrx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to memorialize its detection of loss of
connection risk protection, which is applicable to all Members, at MRX
Rule 711(e). This automated process is in effect if a Member's SQF, FIX
or OTTO Port loses communication with a Client Application due to a
loss of connectivity. This feature is designed to protect MRX Market
Makers \6\ and other market participants from inadvertent exposure to
excessive risk.
---------------------------------------------------------------------------

    \6\ The term ``market makers'' refers to ``Competitive MRX
Market Makers'' and ``Primary MRX Market Makers'' collectively.
---------------------------------------------------------------------------

    Members currently enter quotes and/or orders utilizing either an
SQF, FIX or OTTO Port. SQF is utilized by MRX Market Makers and FIX and
OTTO are utilized by all market participants. These ports are trading
system components through which a Member communicates its quotes and/or
orders to the Exchange's match engine through the Member's Client
Application. The Exchange proposes to define ``Client Application'' as
the system component of the Member through which the Member
communicates its quotes and orders to the Exchange at proposed Rule
711(e)(i)(E). Under the proposed rule change, an SQF Port would be
defined as the Exchange's proprietary system component through which
MRX Market Makers communicate their quotes from the Client Application
at proposed Rule 711(e)(i)(B). A FIX Port would be defined as the
Exchange's universal system component through which Members communicate
their orders from the Member's Client Application at proposed Rule
711(e)(i)(D). An OTTO Port would be defined as the Exchange's
proprietary system component through which Members communicate their
orders from the Member's Client Application at proposed Rule
711(e)(i)(C). MRX Market Makers may submit quotes to the Exchange from
one or more SQF Ports. Similarly, market participants may submit orders
to the Exchange from one or more FIX or OTTO Ports. The proposed
cancellation feature will be mandatory for each MRX Market Maker
utilizing SQF for the removal of quotes and optional for any market
participant utilizing FIX or OTTO for the removal of orders.
    When the SQF Port detects the loss of communication with a Member's
Client Application because the Exchange's server does not receive a
Heartbeat message \7\ for a certain period of time (a period of ``nn''
seconds), the Exchange will automatically logoff the Member's affected
Client Application and automatically cancel all of the Member's open
quotes. Quotes will be cancelled across all Client Applications that
are associated with the same MRX Market Maker ID and underlying issues.
---------------------------------------------------------------------------

    \7\ It is important to note that the Exchange separately sends a
connectivity message to the Member as evidence of connectivity.
---------------------------------------------------------------------------

    The Exchange proposes to define a ``Heartbeat'' message as a
communication which acts as a virtual pulse between the SQF, FIX or
OTTO Port and the Client Application at proposed Rule 711(e)(i)(A). The
Heartbeat message sent by the Member and subsequently received by the
Exchange allows the SQF, FIX or OTTO Port to continually monitor its
connection with the Member.
SQF Ports
    The Exchange's system has a default time period, which will trigger
a disconnect from the Exchange and remove quotes, set to fifteen (15)
seconds for SQF Ports. A Member may change the default period of ``nn''
seconds of no technical connectivity to trigger a disconnect from the
Exchange and remove quotes to a number between one hundred (100)
milliseconds and 99,999 milliseconds for SQF Ports prior to each
Session of Connectivity to the Exchange. This feature is enabled for
each MRX Market Maker and may not be disabled.
    There are two ways to change the number of ``nn'' seconds: (1)
Systematically or (2) by contacting the Exchange's operations staff. If
the Member changes the default number of ``nn'' seconds, that new
setting shall be in effect throughout the current Session of
Connectivity and will then default back to fifteen seconds.\8\ The
Member may change the default setting prior to each Session of
Connectivity. A Session of Connectivity would be defined to mean each
time the Member connects to the Exchange's system. If the Member were
to connect and then disconnect within a trading day several times, each
time the Member disconnected the next session would be a new Session of
Connectivity. This definition is proposed at proposed Rule
711(e)(i)(F). The Member may also communicate the time to the Exchange
by calling the Exchange's operations staff. If the time period is
communicated to the Exchange by calling Exchange operations, the number
of ``nn'' seconds selected by the Member shall persist for each
subsequent Session of Connectivity until the Member either contacts
Exchange operations by phone and changes the setting or the Member
selects another time period in the Client Application prior to the next
Session of Connectivity.
---------------------------------------------------------------------------

    \8\ The Exchange's system would capture the new setting
information that was changed by the Member and utilize the amended
setting for that particular session. The setting would not persist
beyond the current Session of Connectivity and the setting would
default back to 15 seconds for the next session if the Member did
not change the setting again.
---------------------------------------------------------------------------

FIX and OTTO Ports
    The Exchange's system has a default time period, which will trigger
a disconnect from the Exchange and remove orders, set to thirty (30)
seconds for FIX Ports and fifteen (15) seconds for OTTO Ports. The
Member may disable the removal of orders feature, but not the
disconnect feature. If the Member elects to have its orders removed, in
addition to the disconnect for FIX, the Member may determine a time
period of no technical connectivity to trigger the disconnect and
removal of orders between one (1) second and thirty (30) seconds. If
the Member elects to have its orders removed, in addition to the
disconnect for OTTO, the Member may determine a time period of no
technical connectivity to trigger the disconnect and removal of orders
between one hundred (100) milliseconds and 99,999

milliseconds. All orders will be automatically cancelled.
    There are two ways to change the number of ``nn'' seconds: (1)
Systematically or (2) by contacting the Exchange's operations staff. If
the Member changes the default number of ``nn'' seconds, that new
setting shall be in effect throughout that Session of Connectivity and
will then default back to thirty seconds for FIX Ports or fifteen
seconds for OTTO Ports at the end of that session. The Member may
change the default setting prior to each Session of Connectivity. The
Member may also communicate the time to the Exchange by calling the
Exchange's operations staff. If the time period is communicated to the
Exchange by calling Exchange operations, the number of ``nn'' seconds
selected by the Member shall persist for each subsequent Session of
Connectivity until the Member either contacts Exchange operations by
phone and changes the setting or the Member selects another time period
through the Client Application prior to the next Session of
Connectivity.
    Similar to SQF Ports, when a FIX or OTTO Port detects the loss of
communication with a Member's Client Application for a certain time
period (a period of ``nn'' seconds), the Exchange will automatically
logoff the Member's affected Client Application and if elected,
automatically cancel all orders. The Member may have an order which has
routed away prior to the cancellation, in the event that the order
returns to the Order Book, because it was either not filled or
partially filled, that order will be cancelled.
    The disconnect feature is mandatory for FIX and OTTO users however
the user has the ability to elect to also enable a removal feature,
which will cancel all orders submitted through that FIX or OTTO Port.
If the removal of orders feature is not enabled, the system will simply
disconnect the FIX and/or OTTO user and not cancel any orders. The FIX
and/or OTTO user would have to commence a new Session of Connectivity
to add, modify or cancel its orders once disconnected.
    The trigger for the SQF, FIX and OTTO Ports is Client Application
specific. The automatic cancellation of the MRX Market Maker's quotes
for SQF Ports and open orders, if elected by the Member for FIX or OTTO
Ports, entered into the respective SQF, FIX or OTTO Ports via a
particular Client Application will neither impact nor determine the
treatment of the quotes of other MRX Market Makers (not associated with
the same Market Maker ID) entered into SQF Ports or orders of the same
or other Members entered into the FIX or OTTO Ports via a separate and
distinct Client Application.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \9\ in general, and furthers the objectives of Section
6(b)(5) of the Act \10\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by imposing this mandatory removal functionality on MRX
Market Makers to prevent disruption in the marketplace and also
offering this removal feature to other market participants. Requiring
MRX Market Makers to utilize the disconnect feature will avoid risks
associated with inadvertent executions in the event of a loss of
connectivity. Other market participants will have the option to either
enable or disable the cancellation feature, thereby offering the same
risk protections throughout the market.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    MRX Market Makers will be required to utilize this disconnect and
removal functionality with respect to SQF Ports. This feature will
remove impediments to and improve the mechanism of a free and open
market and a national market system aimed at protecting investors and
the public interest by requiring MRX Market Makers quotes to be removed
in the event of a loss of connectivity with the Exchange's system. MRX
Market Makers provide liquidity to the market place and have
obligations unlike other market participants.\11\ This risk feature is
important because it will enable MRX Market Makers to avoid risks
associated with inadvertent executions in the event of a loss of
connectivity with the Exchange. The proposed rule change is designed to
not permit unfair discrimination among market participants, as it would
apply uniformly to all MRX Market Makers utilizing SQF Ports.
---------------------------------------------------------------------------

    \11\ See MRX Rule 804(e).
---------------------------------------------------------------------------

    The disconnect feature of FIX and OTTO is mandatory, however market
participants will have the option to either enable or disable the
cancellation feature, which would result in the cancellation of all
orders submitted over the applicable FIX or OTTO Port when such port
disconnect [sic]. It is appropriate to offer this removal feature as
optional to all market participants utilizing FIX or OTTO, because
unlike MRX Market Makers who are required to provide quotes in all
products in which they are registered, market participants utilizing
FIX or OTTO do not bear the same magnitude of risk of potential
erroneous or unintended executions. In addition, market participants
utilizing FIX or OTTO may desire their orders to remain on the order
book despite a technical disconnect, so as not to miss any
opportunities for execution of such orders while the FIX and/or OTTO
port is disconnected.
    Utilizing a time period for SQF and OTTO Ports of fifteen (15)
seconds and permitting MRX Market Makers and Members to modify the
setting to between 100 milliseconds and 99,999 milliseconds is
consistent with the Act because the Exchange does not desire to trigger
unwarranted logoffs of Members and therefore allows Members the ability
to set their time in order to enable the Exchange the authority to
disconnect the Member with this feature. Both SQF and OTTO are
proprietary system components offered by MRX. The Exchange believes
that the proposed settings for SQF and OTTO are appropriate timeframes.
Each MRX Market Maker and Member has different levels of sensitivity
with respect to this disconnect setting and each MRX Market Maker and
Member has their own system safeguards as well. A default setting of
fifteen (15) seconds is appropriate to capture the needs of all MRX
Market Makers and Members and high enough not to trigger unwarranted
removal of quotes and orders.
    Further, MRX Market Makers and Members are able to customize their
settings. The Exchange's proposal to permit a timeframe for SQF and
OTTO Ports between 100 milliseconds and 99,999 milliseconds is
consistent with the Act and the protection of investors because the
purpose of this feature is to mitigate the risk of potential erroneous
or unintended executions associated with a loss in communication with a
Client Application. Members are able to better anticipate the
appropriate time within which they may require prior to a logoff as
compared to the Exchange. The Member is being offered a timeframe by
the Exchange within which to select the appropriate time. The Exchange
does not desire to trigger unwarranted logoffs of Members and therefore
permits Members to provide an alternative time to the Exchange, within
the Exchange's prescribed timeframe, which authorizes the Exchange to
disconnect the Member. The ``nn'' seconds serve as the Member's
instruction to the Exchange to act upon the loss of connection and

remove quotes from the system, and if elected, orders from the System.
This range will accommodate Members in selecting their appropriate
times within the prescribed timeframes.
    With respect to SQF, the Exchange's proposal is further consistent
with the Act because it will mitigate the risk of potential erroneous
or unintended executions associated with a loss in communication with a
Client Application which protects investors and the public interest.
Also, any interest that is executable against a MRX Market Maker's
quotes that is received \12\ by the Exchange prior to the trigger of
the disconnect to the Client Application, which is processed by the
system, automatically executes at the price up to the MRX Market
Maker's size. In other words, the system will process the request for
cancellation in the order it was received by the system.
---------------------------------------------------------------------------

    \12\ The time of receipt for an order or quote is the time such
message is processed by the Exchange book.
---------------------------------------------------------------------------

    With respect to FIX, a universal system component, the Exchange's
proposal would set a default timeframe of thirty (30) seconds and
permit a FIX user to modify the timeframe for FIX Ports to between 1
second and 30 seconds for the removal of orders. This proposal is
consistent with the Act and the protection of investors because this
feature, which is optional, will mitigate the risk of potential
erroneous or unintended executions associated with a loss in
communication with a Client Application. With respect to the longer
timeframe for FIX, as compared to SQF and OTTO, the Exchange notes that
unlike SQF and OTTO which are proprietary system components, FIX is a
universal component. The settings on FIX remain different given FIX is
not a proprietary system component. MRX Market Makers require a quicker
timeframe (15 seconds as compared to 30 seconds). MRX Market Makers
have quoting obligations \13\ and are more sensitive to price movements
as compared to other market participants. It is consistent with the Act
to provide a longer timeframe within which to customize settings for
FIX as compared to SQF Ports because MRX Market Makers need to remain
vigilant of market conditions and react more quickly to market
movements as compared to other Members entering orders into the system.
The proposal acknowledges this sensitivity borne by MRX Market Makers
and reflects the reaction time of MRX Market Makers as compared to
Members entering orders. Of note, the proposed customized timeframe for
FIX might be too long for MRX Market Makers given their quoting
requirements and sensitivity to price movements. MRX Market Makers
would be severely impacted by a loss of connectivity of more than
several seconds. The MRX Market Maker would have exposure during the
time period in which they are unable to manage their quote and update
that quote. The Member is best positioned to determine their setting.
With respect to other market participants that enter orders, they have
the option of selecting either OTTO or FIX and therefore are able to
obtain a shortened timeframe with OTTO if they desire.
---------------------------------------------------------------------------

    \13\ See note 11 above.
---------------------------------------------------------------------------

    The system operates consistently with the firm quote obligations of
a broker-dealer pursuant to Rule 602 of Regulation NMS. Specifically,
with respect to MRX Market Makers, their obligation to provide
continuous two-sided quotes on a daily basis is not diminished by the
automatic removal of such quotes triggered by the disconnect. MRX
Market Makers are required to provide continuous two-sided quotes on a
daily basis.\14\ MRX Market Makers will not be relieved of the
obligation to provide continuous two-sided quotes on a daily basis, nor
will it prohibit the Exchange from taking disciplinary action against a
MRX Market Maker for failing to meet the continuous quoting obligation
each trading day as a result of disconnects.
---------------------------------------------------------------------------

    \14\ See note 11 above.
---------------------------------------------------------------------------

    With respect to FIX and OTTO Ports, the Exchange will offer this
optional removal functionality to all market participants. Offering the
removal feature on a voluntary basis to all other market participants
is consistent with the Act because it permits them an opportunity to
utilize this risk feature, if desired, and avoid risks associated with
inadvertent executions in the event of a loss of connectivity with the
Exchange. The removal feature is designed to mitigate the risk of
missed and/or unintended executions associated with a loss in
communication with a Client Application. The proposed rule change is
designed to not permit unfair discrimination among market participants,
as this optional removal feature will be offered uniformly to all
Members utilizing FIX and/or OTTO.
    The Exchange will disconnect Members from the Exchange and not
cancel a Member's orders if the removal feature is disabled. The
disconnect feature is mandatory and will cause the Member to be
disconnected within the default timeframe or the timeframe otherwise
specified by the Member. This feature is consistent with the Act
because it enables FIX and OTTO users the ability to disconnect from
the Exchange, assess the situation and make a determination concerning
their risk exposure. The Exchange notes that in the event that orders
need to be removed, the Member may elect to utilize the Kill Switch
\15\ feature. The Exchange believes that it is consistent with the Act
to require other market participants to be disconnected because the
participant is otherwise not connected to the Exchange's system and the
Member simply needs to reconnect to commence submitting and cancelling
orders. The Exchange believes requiring a disconnect when a loss of
communication is detected is a rational course of action for the
Exchange to alert the Member of the technical connectivity issue.
---------------------------------------------------------------------------

    \15\ See MRX Rule 711(d).
---------------------------------------------------------------------------

    The proposed rule change will help maintain a fair and orderly
market which promotes efficiency and protects investors. This mandatory
removal feature for MRX Market Makers and optional removal for all
other market participants will mitigate the risk of potential erroneous
or unintended executions associated with a loss in communication with a
Client Application.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Specifically, the Exchange does
not believe the proposed rule change will cause an undue burden on
intra-market competition because MRX Market Makers, unlike other market
participants, have greater risks in the market place. Quoting across
many series in an option creates large principal positions that expose
MRX Market Makers, who are required to continuously quote in assigned
options, to potentially significant market risk. Providing a broader
timeframe for the disconnect and removal of orders for FIX as compared
to the removal of quotes for SQF Ports and OTTO orders does not create
an undue burden on competition because MRX Market Makers have quoting
obligations \16\ and are more sensitive to price movements as compared
to other market participants. MRX Market Makers need to remain vigilant
of market conditions and react more quickly to market movements as
compared to other Members entering multiple orders into

the system. The proposal reflects this sensitivity borne by MRX Market
Makers and reflects the reaction time of MRX Market Makers as compared
to other Members entering orders. With respect to other market
participants that enter orders, they have the option of selecting
either OTTO or FIX and therefore are able to obtain a shortened
timeframe with OTTO if they desire.
---------------------------------------------------------------------------

    \16\ See note 11 above.
---------------------------------------------------------------------------

    Offering the removal feature to other market participants on an
optional basis does not create an undue burden on intra-market
competition because unlike MRX Market Makers, other market participants
do not bear the same risks of potential erroneous or unintended
executions. FIX and OTTO users have the opportunity to disable the
cancellation feature and simply disconnect from the Exchange. FIX and
OTTO users may also set a timeframe that is appropriate for their
business. It is appropriate to offer this optional cancellation
functionality to other market participants for open orders, because
those orders are subject to risks of missed and/or unintended
executions due to a lack of connectivity which the participants needs
to weigh. Finally, the Exchange does not believe that such change will
impose any burden on inter-market competition that is not necessary or
appropriate in furtherance of the purposes of the Act. Other options
exchanges offer similar functionality.\17\
---------------------------------------------------------------------------

    \17\ See Phlx Rule 1019(c), NOM Rules at Chapter VI, Section
6(e) and BX Rules at Chapter VI, Section 6(e).
---------------------------------------------------------------------------

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \18\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\19\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-MRX-2018-04 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-MRX-2018-04. 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-MRX-2018-04, and should be submitted on
or before March 13, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03310 Filed 2-16-18; 8:45 am]
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[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Proposed Rules]
[Pages 48373-48374]
[FR Doc No: 2013-18877]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0058; FRL-9841-7]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Update of the Motor Vehicle Emissions Budgets for the
Lancaster 1997 8-Hour Ozone Maintenance Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Commonwealth of
Pennsylvania's (Pennsylvania) State Implementation Plan (SIP). One
revision consists of an update to the SIP-approved Motor Vehicle
Emissions Budgets (MVEBs) for nitrogen oxides (NOX) and
volatile organic compounds (VOCs) for the 1997 8-Hour Ozone National
Ambient Air Quality Standard

(NAAQS) SIP for Lancaster County (also referred to as the ``Lancaster
Maintenance Area''). The other SIP revision updates the point source
inventory for NOX and VOCs. In the Final Rules section of
this Federal Register, EPA is approving the State's SIP submittal as a
direct final rule without prior proposal because the Agency views this
as a noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this action,
no further activity is contemplated. If EPA receives adverse comments,
the direct final rule will be withdrawn and all public comments
received will be addressed in a subsequent final rule based on this
proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time.

DATES: Comments must be received in writing by September 9, 2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0058 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2013-0058, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2013-0058. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at Pennsylvania Department of Environmental Protection,
Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication.

    Dated: July 18, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013-18877 Filed 8-7-13; 8:45 am]
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