[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Proposed Rules]
[Pages 38246-38248]
[FR Doc No: 2012-15731]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0470; FRL-9692-4]

Revisions to the Arizona State Implementation Plan, Arizona
Department of Environmental Quality, Maricopa County Air Quality
Department, and Pima County Department of Environmental Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Arizona
Department of Environmental Quality (ADEQ), Maricopa County Air Quality
Department (MCAQD), and Pima County Department of Environmental Quality
(PCDEQ) portions of the Arizona State Implementation Plan (SIP) that
EPA expects to be submitted by ADEQ. These revisions concern
regulations that require monitoring and reporting of volatile organic
compounds (VOC), oxides of nitrogen (NOX), and particulate
matter (PM) emissions from stationary sources. This proposed approval
is based upon proposed regulations submitted by ADEQ and an
accompanying request that EPA proceed with SIP review while the State
and local agencies complete their public review and agency adoption
processes. EPA will not take final action on these regulations until
ADEQ submits the final adopted versions to EPA as a revision to the
Arizona SIP. Final EPA approval of the regulations and incorporation of
them into the Arizona SIP would make them federally enforceable under
the Clean Air Act (CAA). We are taking comments on this proposal and
plan to follow with a final action.

DATES: Any comments must arrive by July 27, 2012.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012-0470, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Rynda Kay, EPA Region IX, (415) 947-
4118<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Proposed Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    By letter dated June 1, 2012, ADEQ submitted to EPA on behalf of
ADEQ, MCAQD, and PCDEQ, unofficial copies of several rules and
statutes, with a request for approval of these provisions into the SIP
by parallel processing.\1\ See

June 1, 2012 letter to Jared Blumenfeld, Regional Administrator, EPA
Region 9, from Eric Massey, Director, Air Quality, ADEQ. Table 1 lists
the five rules addressed by this proposal.
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    \1\ Under EPA's ``parallel processing'' procedure, EPA proposes
rulemaking action concurrently with the State's proposed rulemaking.
If the State's proposed rule is changed, EPA will evaluate that
subsequent change and may publish another notice of proposed
rulemaking. If no significant change is made, EPA will publish a
final rulemaking on the rule after responding to any submitted
comments. Final rulemaking action by EPA will occur only after the
rule has been fully adopted by Arizona and submitted formally to EPA
for incorporation into the SIP. See 40 CFR part 51, appendix V.

                           Table 1--Rules Submitted by Arizona for Parallel Processing
----------------------------------------------------------------------------------------------------------------
          Local agency                  Rule No.                               Rule title
----------------------------------------------------------------------------------------------------------------
ADEQ............................  18-2-313...........  Existing Source Emission Monitoring.
ADEQ............................  18-2-327...........  Annual Emissions Inventory Questionnaire.
MCAQD...........................  100, Section 500...  Monitoring and Records.
PCDEQ...........................  17.12.040..........  Reporting Requirements.
PCDEQ...........................  17.24.040..........  Reporting for Compliance Evaluations.
----------------------------------------------------------------------------------------------------------------

    The above rules have been adopted locally but have not been adopted
specifically for purposes of approval into the federally enforceable
SIP under CAA section 110. ADEQ has requested that MCAQD and PCDEQ
adopt these regulations following public process for purposes of SIP
approval and thereafter submit the rules to ADEQ for transmittal to EPA
as SIP revisions. Concurrent with these county processes, ADEQ
anticipates that it will schedule a public hearing in July 2012 on its
proposal to submit these rules to EPA for incorporation into the SIP,
and intends to submit the final SIP revision to EPA by late August
2012. We note that because the state and county rulemaking processes
here are solely for purposes of adopting these regulations as SIP
revisions under CAA section 110 and not for purposes of revising any of
the regulations, we do not expect any substantive changes between the
proposed and final submittals. Final approval of these rules, however,
is contingent upon EPA's receipt of fully adopted rules that satisfy
state and local procedural requirements for SIP submittals.

B. Are there other versions of these rules?

    There are no SIP-approved versions of ADEQ Rule 18-2-327 or PCDEQ
Rule 17.24.040. We approved an earlier version of ADEQ Rule 9-3-313
into the SIP on April 23, 1982 (47 FR 17483). The submitted rule ADEQ
Rule 18-2-313 will replace the SIP rule ADEQ Rule 9-3-313. We approved
an earlier version of MCAQD Rule 100, Section 504 into the SIP on
February 10, 2005 (70 FR 7038). The submitted rule MCAQD Rule 100,
Section 500 will replace SIP rule MCAQD Rule 100, Section 504. We
approved an earlier version of PCDEQ Rule 622 into the SIP on April 16,
1982 (47 FR 16328). The submitted rule PCDEQ Rule 17.12.040 will
replace the SIP rule PCDEQ Rule 622.

C. What is the purpose of the submitted rules?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. NOX helps produce ground-level
ozone, smog and particulate matter, which harm human health and the
environment. PM contributes to effects that are harmful to human health
and the environment, including premature mortality, aggravation of
respiratory and cardiovascular disease, decreased lung function,
visibility impairment, and damage to vegetation and ecosystems. Section
110(a) of the CAA requires States to submit regulations that control
VOC, NOX, and PM emissions.
    ADEQ Rule 18-2-313 establishes requirements for continuous
emissions monitoring systems at certain fossil-fuel fired steam
generators, sulfuric acid plants, nitric acid plants, and fluid bed
catalytic cracking unit catalysts regenerators at petroleum refineries,
if subject to an emission standard. ADEQ Rule 18-2-327 requires that
every source subject to a permit complete and submit an annual
emissions inventory questionnaire. PCDEQ Rule 17.12.040 establishes
reporting requirements for emissions that exceed levels allowed under
applicable regulations. PCDEQ Rule 17.24.040 requires a source to
provide to the Control Officer all records and documentation needed to
determine compliance or noncompliance with a regulation. The purpose of
revising MCAQD Rule 100, Section 500 was to add recordkeeping and add/
revise emission reporting requirements. EPA's technical support
documents (TSDs) have more information about these rules.

II. EPA's Evaluation and Proposed Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act) and must not relax existing requirements (see sections 110(l) and
193). Guidance and policy documents that we use to evaluate
enforceability requirements consistently include the following:

1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. ``Requirements for Preparation, Adoption, and Submittal of
Implementation Plans'', U.S. EPA, 40 CFR part 51.
4. State Implementation Plans; General Preamble for the Implementation
of Title I of the Clean Air Act Amendments of 1990, 57 FR 13498, (April
16, 1992) (``General Preamble'').

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the applicable
requirements and guidance regarding enforceability and SIP relaxations.
The TSDs have more information on our evaluation.

C. Public Comment and Proposed Action

    Because EPA believes the submitted rules fulfill all applicable CAA
requirements, we are proposing to fully approve them under section
110(k)(3) of the Act. We will accept comments from the public on this
proposal for the next 30 days. Unless we receive convincing new
information during the comment period or ADEQ does not submit the

adopted SIP revisions as expected, we intend to publish a final
approval action that will incorporate these rules into the federally
enforceable SIP.

III. Statutory and Executive Order Reviews

    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 proposed action merely proposes to approve State law
as meeting Federal requirements and does not impose additional
requirements beyond those imposed by State law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed action does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.

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

    Dated: June 15, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2012-15731 Filed 6-26-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Proposed Rules]
[Pages 14832-14835]
[FR Doc No: 2017-05235]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0130; Directorate Identifier 2016-NM-058-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Dassault Aviation Model MYSTERE-FALCON 50 airplanes and FALCON 2000
airplanes. This proposed AD was prompted by a report indicating that
during ground maintenance, a Model FALCON 2000 airplane experienced a
loss of hydraulic pressure affecting both hydraulic systems due to
damage to both brake hoses on the main landing gear (MLG). This
proposed AD would require an inspection for certain brake hoses,
installation of protective wraps or installation of certain brake
hoses, and replacement of certain brake hoses. We are proposing this AD
to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by May 8, 2017.

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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Dassault
Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South
Hackensack, NJ 07606; telephone:<PHONE_NUMBER>; Internet: http://www.dassaultfalcon.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

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-
0130; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed 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: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA

98057-3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2017-0130;
Directorate Identifier 2016-NM-058-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2013-0255, dated October 23, 2013 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Dassault Aviation Model MYSTERE-
FALCON 50 airplanes and FALCON 2000 airplanes. The MCAI states:

    During ground maintenance, a Falcon 2000 aeroplane experienced a
loss of hydraulic pressure, affecting both hydraulic systems.
    The investigation results revealed that this event was due to
damage to both brake hoses on the same main landing gear (MLG),
which chafed against the torque link assembly during MLG extension/
retraction cycle. The Part Numbers (P/N) of the affected brake hoses
are P/N AE705317-1 and P/N 00-200-1268, which are made of a braided
stainless steel sleeve.
    This condition, if not detected and corrected, could lead to
loss of braking during landing or a rejected take-off, possibly
resulting in a runway excursion. In addition, there is a risk of
fire if the leaking brake hydraulic fluid reaches hot parts.
    For the reasons described above, this [EASA] AD requires a one-
time inspection of the brake hoses to identify the P/N and determine
the presence of protection against chafing and, depending on
findings, installation of protective wraps or replacement of the
brake hoses with serviceable parts that have a Dacron sleeve
protection.

    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-
0130.

Related Service Information Under 1 CFR Part 51

    Dassault has issued the following service information:
     Dassault Service Bulletin F50-510, Revision 2, dated
December 20, 2012; and Dassault Service Bulletin F2000-382, Revision 2,
dated May 12, 2011. This service information describes procedures for
an inspection of the brake hoses to identify whether brake hoses having
certain part numbers are installed, and installation of protective
wraps on the brake hoses or installation of certain brake hoses that
are fitted with Dacron sleeves. These documents are distinct since they
apply to different airplane models.
     Dassault Service Bulletin F50-518, dated April 14, 2011;
and Dassault Service Bulletin F2000-368, dated May 29, 2009. This
service information describes replacement of certain brake hoses. These
documents are distinct since they apply to different airplane models.
    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 and Requirements of This Proposed AD

    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 proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 302 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on
              Action                              Labor cost                Parts cost    Cost per       U.S.
                                                                                product     operators
----------------------------------------------------------------------------------------------------------------
Inspection........................  1 work-hour x $85 per hour = $85.....           $0          $85      $25,670
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary installations
and replacements that would be required based on the results of the
proposed inspection. We have no way of determining the number of
airplanes that might need these installations and replacements:

                           On-Condition Costs
------------------------------------------------------------------------
                                                               Cost per
            Action                Labor cost     Parts cost    product
------------------------------------------------------------------------
Installation of brake hose...  1 work-hour x           $340         $425
                                $85 per hour =
                                $85.
Installation of protective     1 work-hour x            340          425
 wraps.                         $85 per hour =
                                $85.
Replacement..................  1 work-hour x            340          425
                                $85 per hour =
                                $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.

Regulatory Findings

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Dassault Aviation: Docket No. FAA-2017-0130; Directorate Identifier
2016-NM-058-AD.

(a) Comments Due Date

    We must receive comments by May 8, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation Model MYSTERE-FALCON 50
airplanes and FALCON 2000 airplanes, certificated in any category,
all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by a report indicating that during ground
maintenance, a Model FALCON 2000 airplane experienced a loss of
hydraulic pressure affecting both hydraulic systems due to damage to
both brake hoses on the main landing gear (MLG). We are issuing this
AD to detect and correct unprotected brake hoses, which could lead
to loss of braking during landing or a rejected take-off, and result
in a runway excursion and a risk of fire if the leaking brake
hydraulic fluid reaches hot parts.

(f) Compliance

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

(g) Inspection

    Within 9 months after the effective date of this AD, inspect the
brake hoses to identify whether any brake hose having part number
(P/N) AE705317-1 or P/N 00-200-1268 is installed. A review of
airplane maintenance records is acceptable in lieu of this
inspection if the part number of the brake hose can be conclusively
determined from that review.

(h) Installation

    If, during the inspection required by paragraph (g) of this AD,
it is determined that any brake hose having P/N AE705317-1 or P/N
00-200-1268 is installed, do the actions specified in paragraph
(h)(1) or (h)(2) of this AD.
    (1) Install protective wraps on the brake hoses, in accordance
with the Accomplishment Instructions of Dassault Service Bulletin
F50-510, Revision 2, dated December 20, 2012; or Dassault Service
Bulletin F2000-382, Revision 2, dated May 12, 2011; as applicable.
    (2) Install brake hoses having P/N 00-200-1534 that are fitted
with Dacron sleeves, in accordance with the Accomplishment
Instructions of Dassault Service Bulletin F50-518, dated April 14,
2011; or Dassault Service Bulletin F2000-368, dated May 29, 2009; as
applicable.

(i) Replacement

    Within 6,000 flight cycles, or within 149 months, whichever
occurs first after the effective date of this AD: Replace brake
hoses having P/N AE705317-1 and P/N 00-200-1268 with brake hoses
having P/N 00-200-1534 that are fitted with Dacron sleeves, in
accordance with the Accomplishment Instructions of Dassault Service
Bulletin F50-518, dated April 14, 2011; or Dassault Service Bulletin
F2000-368, dated May 29, 2009; as applicable. Once brake hoses
having P/N 00-200-1534 are fitted in an MLG leg, no further action
is required for that MLG leg, as specified in paragraph (j) of this
AD.

(j) Provisions for Unaffected MLG Leg Assemblies

    If, during the inspection required by paragraph (g) of this AD,
it is determined that the airplane is equipped with an MLG leg
assembly with a part number specified in table 1 to paragraph (j) of
this AD, the requirement of paragraph (h) of this AD is not
applicable, provided that the MLG leg assembly has not been modified
in service after its installation on an airplane.

   Table 1 to Paragraph (j) of This AD--MLG Leg Assembly Not Affected
------------------------------------------------------------------------
              Model                MLG leg position        Part No.
------------------------------------------------------------------------
MYSTERE-FALCON 50 airplanes.....  Left Hand (LH)....  C23791-1009 amdt
                                                       F.
MYSTERE-FALCON 50 airplanes.....  Right Hand (RH)...  C23792-1009 amdt
                                                       F.
FALCON 2000.....................  LH................  D23345000-7 amdt
                                                       B.
FALCON 2000.....................  RH................  D23346000-7 amdt
                                                       B.
------------------------------------------------------------------------

    Note 1 to paragraph (j) of this AD:  The parts specified in
table 1 to paragraph (j) of this AD are known to be delivered with
brake hoses having P/N 00-200-1534 that are fitted with Dacron
sleeves.

(k) Parts Installation Limitation

    As of the effective date of this AD, no person may install a
brake hose having P/N AE705317-1 or P/N 00-200-1268 on any airplane,
unless the brake hose has been inspected to verify that protective
wraps are installed on the hose, in accordance with the
Accomplishment Instructions of Dassault Service Bulletin F50-510,
Revision 2, dated December 20, 2012; or Dassault Service Bulletin
F2000-382, Revision 2, dated May 12, 2011; as applicable.

(l) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on
any airplane, a brake hose having P/N AE705317-1 or P/N 00-200-1268,
or an MLG leg or shock absorber equipped with a brake hose having P/
N AE705317-1 or P/N 00-200-1268, after the actions in paragraphs
(h)(2) or (i) of this AD are done.

(m) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (h)(1) and (k) of this AD, if those actions were
performed before the effective date of this AD using Dassault
Service Bulletin F50-510, Revision 1, dated December 15, 2010; or
Dassault Service Bulletin F2000-382, Revision 1, dated December 15,
2010.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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
Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-
1137; fax:<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>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
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Dassault Aviation's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2013-0255, dated October 23, 2013, 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-2017-0130.
    (2) For service information identified in this AD, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; telephone:<PHONE_NUMBER>; Internet:
http://www.dassaultfalcon.com. You may view this service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on March 8, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-05235 Filed 3-22-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Notices]
[Page 3470]
[FR Doc No: 2012-1283]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER12-290-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: Att. L--MVP Compliance to be effective 1/
1/2012.
    Filed Date: 1/12/12.
    Accession Number: 20120112-5042.
    Comments Due: 5 p.m. ET 2/2/12.

    Docket Numbers: ER12-430-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Request for Deferral of Commission Action for
Revisions to Attachment AE to be effective 12/31/9998.
    Filed Date: 1/11/12.
    Accession Number: 20120111-5204.
    Comments Due: 5 p.m. ET 2/1/12.

    Docket Numbers: ER12-729-002.
    Applicants: ISO New England Inc.
    Description: Errata to XML Metadata: Proposed Effective Date ER12-
729-000 to be effective 3/1/2012.
    Filed Date: 1/11/12.
    Accession Number: 20120111-5205.
    Comments Due: 5 p.m. ET 2/1/12.

    Docket Numbers: ER12-793-000.
    Applicants: Public Service Company of Colorado.
    Description: 2012-1-11--IBDRA--SLR E&P 291-PSCo-NOC to be effective
3/11/2013.
    Filed Date: 1/11/12.
    Accession Number: 20120111-5206.
    Comments Due: 5 p.m. ET 2/1/12.

    Docket Numbers: ER12-794-000.
    Applicants: NRG Power Marketing LLC.
    Description: Market-Based Rate Tariff Amendment to be effective 2/
28/2012.
    Filed Date: 1/11/12.
    Accession Number: 20120111-5224.
    Comments Due: 5 p.m. ET 2/1/12.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES12-7-000.
    Applicants: Westar Energy, Inc.
    Description: Amendment to Application of Westar Energy, Inc.
    Filed Date: 1/12/12.
    Accession Number: 20120112-5012.
    Comments Due: 5 p.m. ET 1/23/12.

    Docket Numbers: ES12-10-000.
    Applicants: Kansas Gas and Electric Company.
    Description: Amendment to Application of Kansas Gas and Electric
Company.
    Filed Date: 1/12/12.
    Accession Number: 20120112-5011.
    Comments Due: 5 p.m. ET 1/23/12.

    Docket Numbers: ES12-11-000.
    Applicants: Kansas Gas and Electric Company.
    Description: Amendment to Application of Kansas Gas and Electric
Company.
    Filed Date: 1/12/12.
    Accession Number: 20120112-5010.
    Comments Due: 5 p.m. ET 1/23/12.
    Take notice that the Commission received the following PURPA
210(m)(3) filings:
    Docket Numbers: QM12-2-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits pleading
(Answer to Protest) requesting to amend its application.
    Filed Date: 1/11/12.
    Accession Number: 20120111-5208.
    Comments Due: 5 p.m. ET 2/8/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 12, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-1283 Filed 1-23-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12579-12580]
[FR Doc No: 2017-04286]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER17-107-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Compliance Filing in ER17-107--
Orders 827 and 828 to be effective 9/21/2016.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5220.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-787-001.
    Applicants: Southern California Edison Company.
    Description: Tariff Amendment: Request for Deferral of Action--
Notice of Cancellation Ecos Energy, LLC to be effective 12/31/9998.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5103.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-808-001.
    Applicants: Clearview Electric, Inc.
    Description: Tariff Amendment: Amendment to Application for MBR to
be effective 1/23/2017.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5214.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-913-001.
    Applicants: Consolidated Edison Company of New York, Inc.
    Description: Tariff Amendment: Amendment PASNY RY 1 filing to be
effective 2/1/2017.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5098.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-934-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Errata to 2/3/17 Filing of Revisions
to MISO-PJM JOA re CTS Eff Date to be effective 10/3/2017.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5225.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1049-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: ATSI and MAIT submit
Interconnection Agreement SA No. 4576 to be effective 2/1/2017.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5105.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1050-000.
    Applicants: Consolidated Edison Company of New York, Inc.
    Description: Sec.  205(d) Rate Filing: WDS Tariff change RY 1 to be
effective 5/1/2017.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5109.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1051-000.
    Applicants: AEP Texas Inc.
    Description: Baseline eTariff Filing: AEP Texas Inc. RS and SA
Tariff Database to be effective 3/1/2017.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5143.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1052-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEP TX-SolaireHolman 1
Interconnection Agreement to be effective 3/1/2017.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5161.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1053-000.
    Applicants: ITC Midwest LLC.
    Description: Sec.  205(d) Rate Filing: Filing of CIAC Agreement
with IP&L to be effective 5/1/2017.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5197.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1054-000.
    Applicants: PSEG Energy Resources & Trade LLC.
    Description: Sec.  205(d) Rate Filing: Cancellation of certain
tariff records to be effective 2/28/2017.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5205.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1055-000.
    Applicants: Northern States Power Company, a Minnesota corporation.
    Description: Notice of Cancellation of Interconnection Agreement
Rate Schedule No. 496 of Northern States Power Company, a Minnesota
corporation.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5212.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1056-000.
    Applicants: Public Service Company of Colorado.

    Description: Sec.  205(d) Rate Filing: PSCo-TSGT-JM Shafer-Mtrg-
Mod-460-0.0.0 to be effective 2/28/2017.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5215.
    Comments Due: 5 p.m. ET 3/21/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 28, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-04286 Filed 3-3-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Notices]
[Pages 40178-40180]
[FR Doc No: 2017-17920]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No 34-81442; File No. SR-NYSEArca-2017-54]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Amendment No. 1 and Order Granting Accelerated Approval of a
Proposed Rule Change, as Modified by Amendment No. 1, To Amend the
Generic Listing Criteria Applicable to Equity Index-Linked Securities

August 18, 2017.

I. Introduction

    On May 4, 2017, 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'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the generic listing criteria applicable
to Equity Index-Linked Securities.\3\ The proposed rule change was
published for comment in the Federal Register on May 23, 2017.\4\ On
July 6, 2017, pursuant to Section 19(b)(2) of the Act,\5\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\6\ On August 17, 2017, the Exchange filed Amendment No. 1 to
the proposed rule change, which replaced and superseded the original
proposal in its entirety.\7\ The Commission received

no comments on the proposed rule change. The Commission is publishing
this notice to solicit comments on Amendment No. 1 from interested
persons, and is approving the proposed rule change, as modified by
Amendment No. 1, on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Equity Index-Linked Securities are securities that provide
for the payment at maturity (or earlier redemption) based on the
performance of an underlying index or indexes of equity securities,
securities of closed-end management investment companies registered
under the Investment Company Act of 1940 and/or Investment Company
Units (``Units''). See NYSE Arca Rule 5.2-E(j)(6)(B)(I)(1).
    \4\ See Securities Exchange Act Release No. 80707 (May 17,
2017), 82 FR 23636.
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See Securities Exchange Act Release No. 81081, 82 FR 32218
(July 12, 2017).
    \7\ In Amendment No. 1 the Exchange: (1) Revised proposed NYSE
Arca Rules-5.2-E(j)(6)(B)(I)(1)(b)(iii) and 5.2-
E(j)(6)(B)(I)(2)(a)(i) to provide that the index concentration limit
applicable to the five highest dollar-weighted components would
apply only to an index with five or more components that are not
Derivative Securities Products or Index-Linked Securities (as those
terms are defined below) and to provide that these securities would
only be excluded from the numerator of the index concentration limit
calculation; (2) modified proposed NYSE Arca Rule 5.2-
E(j)(6)(B)(I)(1)(a) to specify that Derivative Securities Products
and Index-Linked Securities (as those terms are defined below) also
include securities listed on another national securities exchange
pursuant to substantially equivalent listing rules; and (3) made a
technical correction to Rule 5.2-E(j)(6)(B)(I)(1)(b)(iv) to change
its reference to ``NYSE Arca Rule 5.3'' to read ``NYSE Arca Rule
5.3-O.'' Amendment No. 1 is available at: https://www.sec.gov/comments/sr-nysearca-2017-54/nysearca201754-2227310-160780.pdf.
Amendment No. 1 also reflects numbering changes effected by the
recently approved merger of NYSE Arca Equities and NYSE Arca Options
rules. See Securities Exchange Act Release No. 81419 (August 17,
2017) (SR-NYSEArca-2017-40).
---------------------------------------------------------------------------

II. The Exchange's Description of the Proposed Rule Change, as Modified
by Amendment No. 1

    The Exchange proposes to amend NYSE Arca Rule 5.2-E(j)(6) to
exclude the following types of index components from certain generic
listing requirements applicable to an index underlying Equity Index-
Linked Securities: (1) Investment Company Units (``Units''); \8\ (2)
securities defined in Section 2 of NYSE Arca Rule 8-E (collectively
with Units, ``Derivative Securities Products''); \9\ (3) Index-Linked
Securities; and (4) securities listed on other national securities
exchanges pursuant to rules that are substantially equivalent to NYSE
Arca Rule 5.2-E(j)(3), NYSE Arca Rule 5.2-E(j)(6), and Section 2 of
NYSE Arca Rule 8-E. Specifically, the Exchange proposes the following:
---------------------------------------------------------------------------

    \8\ Units are securities that represent an interest in a
registered investment company that could be organized as a unit
investment trust, an open-end management investment company, or a
similar entity, that holds securities comprising, or otherwise based
on or representing an interest in, an index or portfolio of
securities or securities in another registered investment company
that holds such securities. See NYSE Arca Rule-5.2-E(j)(3).
    \9\ The following securities currently are included in Section 2
of NYSE Arca Rule 8-E: Portfolio Depositary Receipts (Rule 8.100-E);
Trust Issued Receipts (Rule 8.200-E); Commodity-Based Trust Shares
(Rule 8.201-E); Currency Trust Shares (Rule 8.202-E); Commodity
Index Trust Shares (Rule 8.203-E); Commodity Futures Trust Shares
(Rule-8.204-E); Partnership Units (Rule 8.300-E); Paired Trust
Shares (Rule-8.400-E);Trust Units (Rule 8.500-E); Managed Fund
Shares (Rule 8.600-E); and Managed Trust Securities (Rule 8.700-E).
---------------------------------------------------------------------------

     Currently, for an issue of Equity Index-Linked Securities
to qualify for initial listing, each underlying index must have at
least ten component securities. The Exchange would modify this
requirement to reflect no minimum number of index components if one or
more issues of Derivative Securities Products or Index-Linked
Securities constitute, at least in part, component securities
underlying an issue of Equity Index-Linked Securities.\10\
---------------------------------------------------------------------------

    \10\ See proposed NYSE Arca Rule 5.2-E(j)(6)(B)(I)(1)(a).
---------------------------------------------------------------------------

     Currently, for an issue of Equity Index-Linked Securities
to qualify for initial listing, each component security must have a
minimum market value of at least $75 million, except that the market
value for each of the lowest dollar-weighted component securities in
the index that in the aggregate account for no more than 10% of the
dollar weight of the index may be at least $50 million. The Exchange
proposes to exclude Derivative Securities Products and Index-Linked
Securities from those minimum market value requirements, as well as to
exclude from the calculation of the aggregate dollar value of the index
the market value(s) of all components that are Derivative Securities
Products or Index-Linked Securities.\11\
---------------------------------------------------------------------------

    \11\ See proposed NYSE Arca Rule 5.2-E(j)(6)(B)(I)(1)(b)(1).
---------------------------------------------------------------------------

     Currently, for an issue of Equity Index-Linked Securities
to qualify for initial listing, component stocks that in the aggregate
account for at least 90% of the weight of the underlying index each
must have a minimum global monthly trading volume of 1,000,000 shares
or minimum global notional volume traded per month of $25,000,000,
averaged over the last six months. The Exchange proposes to apply those
requirements only to index components that are not Derivative
Securities Products or Index-Linked Securities, and would exclude
components that are Derivative Securities Products or Index-Linked
Securities from the calculation of the index's weight.\12\
---------------------------------------------------------------------------

    \12\ See proposed NYSE Arca Rule 5.2-E(j)(6)(B)(I)(1)(b)(2).
---------------------------------------------------------------------------

     Currently, for an issue of Equity Index-Linked Securities
to qualify for initial listing, no component security may represent
more than 25% of the dollar weight of the index and the five highest
dollar-weighted component securities in the index may not in the
aggregate account for more than 50%, or 60% for an index consisting of
fewer than 25 component securities, of the dollar weight of the
index.\13\ The Exchange proposes to exclude Derivative Securities
Products and Index-Linked Securities from these index concentration
limits and would exclude Derivative Securities Products and Index-
Linked Securities from the dollar value of the index for purposes of
calculating the total dollar value of the index components.\14\
---------------------------------------------------------------------------

    \13\ Currently, these requirements must also be met whenever the
index is rebalanced. See NYSE Arca Rule 5.2-E(j)(6)(B)(I)(2)(a)(i).
    \14\ See proposed NYSE Arca Rule 5.2-E(j)(6)(B)(I)(1)(b)(3). As
discussed above, the Exchange also proposes that the index
concentration limit applicable to the five highest dollar-weighted
components would apply only to an index with five or more components
that are not Derivative Securities Products or Index-Linked
Securities. See supra note 7. Further, the Exchange proposes that
these proposed index concentration limits be met whenever the index
is rebalanced. See proposed NYSE Arca Rule-5.2-
E(j)(6)(B)(I)(2)(a)(i).
---------------------------------------------------------------------------

     Currently, for an issue of Equity Index-Linked Securities
to qualify for initial listing, 90% of the underlying index's numerical
value, and at least 80% of the total number of component securities,
must meet the then current criteria for standardized option trading set
forth in NYSE Arca Rule 5.3-O; except that an index will not be subject
to this requirement if (1) no underlying component security represents
more than 10% of the dollar weight of the index, and (2) the index has
a minimum of 20 components. The Exchange proposes to apply this
requirement only to index components that are not Derivative Securities
Products or Index-Linked Securities and, for purposes of this
requirement would exclude all components that are a Derivative
Securities Product or Index-Linked Security from the calculations of
the index's numerical value, total number of components, and dollar
value.\15\
---------------------------------------------------------------------------

    \15\ See proposed NYSE Arca Rule 5.2-E(j)(6)(B)(I)(1)(b)(iv).
---------------------------------------------------------------------------

     Currently, on a continuous basis, component stocks that in
the aggregate account for at least 90% of the weight of the index each
must have a minimum global monthly trading volume of 500,000 shares, or
minimum global notional volume traded per month of $12,500,000,
averaged over the last six months. The Exchange proposes to apply those
requirements only to index components that are not Derivative
Securities Products or Index-Linked Securities, and would exclude
components that are Derivative Securities Products or Index-Linked
Securities from the calculation of the index's total weight.\16\
---------------------------------------------------------------------------

    \16\ See proposed NYSE Arca Rule 5.2-E(j)(6)(B)(I)(2)(a)(ii).
---------------------------------------------------------------------------

    The Exchange also proposes non-substantive changes to the text of
NYSE Arca Rule 5.2-E(j)(6).

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national

securities exchange.\17\ In particular, the Commission finds that the
proposed rule change, as modified by Amendment No. 1 thereto, is
consistent with Section 6(b)(5) of the Act,\18\ which requires, among
other things, that the Exchange's rules 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.
---------------------------------------------------------------------------

    \17\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In support of its proposal, the Exchange notes that Derivative
Securities Products are excluded from consideration when determining
whether the components of Units satisfy the applicable listing criteria
in NYSE Arca Rule 5.2-E(j)(3),\19\ and both Derivative Securities
Products and Index-Linked Securities are excluded from the applicable
listing criteria for Managed Fund Shares holding equity securities in
Commentary .01 to NYSE Arca Rule 8.600-E.\20\
---------------------------------------------------------------------------

    \19\ See Commentary .01 to NYSE Arca Rule 5.2-E(j)(3). See also
Securities Exchange Act Release No. 57751 (May 1, 2008), 73 FR 25818
(May 7, 2008) (SR-NYSEArca-2008-29) (approving amendments to the
eligibility criteria for components of an index underlying
Investment Company Units).
    \20\ See Commentary .01 to NYSE Arca Rule 8.600-E. See also
Securities Exchange Act Release No. 78397 (July 22, 2016), 81 FR
49320 (July 27, 2016) (SR-NYSEArca-2015-110) (approving the adoption
of generic listing standards for Managed Fund Shares) (``MFS
Order'').
---------------------------------------------------------------------------

    Specifically, the Exchange states: ``both Derivative Securities
Products and Index-Linked Securities are excluded from the applicable
listing criteria for Managed Fund Shares holding equity securities in
Commentary .01 to Rule 8.600-E.'' \21\ In approving the exclusion of
Derivative Securities Products and Index-Linked Securities from certain
generic listing requirements applicable to Managed Fund Shares, the
Commission stated that such exclusions would not increase the
susceptibility of Managed Fund Shares to manipulation because Index-
Linked Securities and Derivative Securities Products each: (1) Have
asset-exposure concentration limits and requirements promoting price
transparency within their own listing standards; (2) are listed and
traded on national securities exchanges; and (3) provide trading and
price information and other quantitative data for investors and other
market participants.\22\ For these same reasons, the Commission
believes that excluding Derivative Securities Products and Index-Linked
Securities from the same type of generic listing requirements would not
increase the susceptibility of Equity Index-Linked Securities to
manipulation.
---------------------------------------------------------------------------

    \21\ Amendment No. 1, supra note 7, at 9, text accompanying
n.20.
    \22\ See MFS Order, supra note 20, at 49325.
---------------------------------------------------------------------------

    Additionally, the Exchange represents that it has in place
surveillance procedures that are adequate to properly monitor trading
in Index-Linked Securities in all trading sessions and to deter and
detect violations of Exchange rules and applicable federal securities
laws.
    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1 thereto, is consistent with
Section 6(b)(5) of the Act \23\ and the rules and regulations
thereunder applicable to a national securities exchange.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Solicitation of Comments on Amendment No. 1

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether Amendment No. 1
is consistent with the Act. Comments may be submitted by any of the
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2017-54 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2017-54. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2017-54 and should
be submitted on or before September 14, 2017.

V. Accelerated Approval of the Proposed Rule Change, as Modified by
Amendment No. 1

    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 1, prior to the thirtieth day
after the date of publication of Amendment No. 1 in the Federal
Register. As noted above, Amendment No. 1 modified proposed NYSE Arca
Rules-5.2-E(j)(6)(B)(I)(1)(b)(iii) and 5.2-E(j)(6)(B)(I)(2)(a)(i) to
provide that the index concentration limit applicable to the five
highest dollar-weighted components would apply only to an index with
five or more components that are not Derivative Securities Products or
Index-Linked Securities. These provisions are consistent with
Commentary .01(a)(1)(C) to NYSE Arca Rule 8.600-E, and therefore the
Commission finds good cause, pursuant to Section 19(b)(2) of the
Act,\24\ to approve the proposed rule change, as modified by Amendment
No. 1, on an accelerated basis.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It Is Therefore Ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\25\ that the proposed rule change (SR-NYSEArca-2017-54),
as modified by Amendment No. 1, be, and it hereby is, approved on an
accelerated basis.
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    \25\ 15 U.S.C. 78s(b)(2).
    \26\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2017-17920 Filed 8-23-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: May 25, 2011 (Volume 76, Number 101)]
[Notices]
[Page 30336-30337]
[DOCID:fr25my11-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 2

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP11-1913-001.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits tariff filing per
154.203: Compliance Filing to be effective 4/28/2011.
    Filed Date: 05/04/2011.
    Accession Number: 20110504-5029.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 18, 2011.

    Docket Numbers: RP11-2079-001.
    Applicants: Southern Natural Gas Company.
    Description: Southern Natural Gas Company submits tariff filing per
154.205(b): Map Update Amendment to be effective 6/1/2011.
    Filed Date: 05/09/2011.
    Accession Number: 20110509-5106.
    Comment Date: 5 p.m. Eastern Time on Monday, May 23, 2011.

    Docket Numbers: RP11-1975-001.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits tariff filing per
154.203: Compliance Filing to be effective 5/5/2011.
    Filed Date: 05/11/2011.

    Accession Number: 20110511-5012.
    Comment Date: 5 p.m. Eastern Time on Monday, May 23, 2011.

    Docket Numbers: RP11-1946-002.
    Applicants: Enbridge Offshore Pipelines (UTOS) LLC.
    Description: Enbridge Offshore Pipelines (UTOS) LLC submits tariff
filing per 154.203: Negotiated Rate/Non-conforming Agreements
Resubmittal to be effective 1/1/2011.
    Filed Date: 05/11/2011.
    Accession Number: 20110511-5039.
    Comment Date: 5 p.m. Eastern Time on Monday, May 23, 2011.

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed on or before 5 p.m. Eastern time on the specified comment
date. Anyone filing a protest must serve a copy of that document on all
the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: May 11, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-12883 Filed 5-24-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 56 (Wednesday, March 23, 2016)]
[Notices]
[Pages 15599-15600]
[FR Doc No: 2016-06546]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77400]

Order Granting a Temporary Exemption Pursuant to Section 36 of
the Securities Exchange Act of 1934 From Compliance With Rules 13n-1 to
13n-12 Under the Securities Exchange Act of 1934

March 18, 2016.

I. Introduction

    On June 15, 2011, the Securities and Exchange Commission
(``Commission'') issued an exemptive order that provided guidance and
certain exemptions with respect to the requirements under Title VII of
the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
(``Dodd-Frank Act'') that had an effective date of July 16, 2011 (i.e.,
the effective date of Title VII).\1\ With respect

to Commission regulation of security-based swap data repositories
(``SDR''), the DFA Effective Date Order provided exemptions from
Exchange Act Sections 13(n)(5)(D)(i), 13(n)(5)(F), 13(n)(5)(G),
13(n)(5)(H), 13(n)(7)(A), 13(n)(7)(B), and 13(n)(7)(C), each of which
will expire on the earlier of (1) the date the Commission grants
registration to an SDR and (2) the earliest compliance date set forth
in any of the final rules regarding the registration of SDRs.\2\ The
DFA Effective Date Order also provided an exemption from Exchange Act
Section 29(b) with respect to provisions of the Exchange Act amended or
added by subtitle B of the Dodd-Frank Act for which compliance is
triggered by registration or by adoption of final rules by the
Commission, or for which the Commission has provided an exception or
exemptive relief, until such date as the Commission specifies.\3\
Absent other Commission action, these exemptions relevant to SDRs
(``SDR Relief'') will expire as of March 18, 2016, as further explained
below.
---------------------------------------------------------------------------

    \1\ See Temporary Exemptions and Other Temporary Relief,
Together With Information on Compliance Dates for New Provisions of
the Exchange Act Applicable to Security-Based Swaps, Exchange Act
Release No. 64678 (June 15, 2011), 76 FR 36287 (June 22, 2011) (the
``DFA Effective Date Order'').
    \2\ See DFA Effective Date Order, 76 FR at 36306.
    \3\ See DFA Effective Date Order, 76 FR at 36305-36306.
---------------------------------------------------------------------------

    In February 2015, the Commission adopted Rules 13n-11 to 13n-112
under the Exchange Act to govern SDRs (the ``SDR Rules''). The SDR
Rules became effective on May 18, 2015.\4\ The SDR Rules Release states
that SDRs must be in compliance with the SDR Rules by March 18, 2016,
which is 365 days after publication of the SDR Rules in the Federal
Register (the ``SDR Rules Compliance Date'').\5\ The SDR Rules Release
also notes that (1) absent an exemption, any SDR must be registered
with the Commission and in compliance with the federal securities laws
and the rules and regulations thereunder (including the applicable
Dodd-Frank Act provisions and all of the SDR Rules) by the SDR Rules
Compliance Date, and (2) all exemptions that the Commission provided in
the DFA Effective Date Order will expire on the compliance date,
including the exemptions set forth in the DFA Effective Date Order.\6\
The SDR Rules govern the SDR registration process, duties, and core
principles. The 12 core SDR Rules establish a framework for SDRs to
register with the Commission by filing a new Form SDR, and require an
SDR to update its Form SDR when any information becomes inaccurate. The
SDR Rules also provide a process for the Commission to cancel or revoke
the registration of an SDR.
---------------------------------------------------------------------------

    \4\ See Exchange Act Release No. 74246 (Feb. 11, 2015), 80 FR
14438 (Mar. 19, 2015) (``SDR Rules Release'').
    \5\ See SDR Rules Release, 80 FR at 14456.
    \6\ See id.
---------------------------------------------------------------------------

    In addition to the requirements set forth in the SDR Rules, there
are a number of regulatory requirements applicable to SDRs once
registered under Regulation SBSR, which was adopted by the Commission
at the same time as the SDR Rules.\7\ Regulation SBSR provides for the
reporting of security-based swap information to registered SDRs, and
the public dissemination of security-based swap transaction, volume,
and pricing information by registered SDRs. Rule 907 of Regulation SBSR
requires a registered SDR to establish and maintain written policies
and procedures for carrying out its duties under Regulation SBSR.\8\
---------------------------------------------------------------------------

    \7\ See Exchange Act Release No. 74244 (Feb. 11, 2015), 80 FR
14563 (Mar. 19, 2015).
    \8\ See 17 CFR 242.907.
---------------------------------------------------------------------------

II. Discussion

    The Commission is using its authority under Section 36 of the
Exchange Act to grant a temporary exemption from compliance with the
SDR Rules until June 30, 2016 and to extend the SDR Relief so that it
will expire on the earlier of (1) the date the Commission grants
registration to an SDR and (2) June 30, 2016. The temporary exemption
is designed to help facilitate the potential submission of any SDR
applications.
    Subject to certain exceptions, Section 36 of the Exchange Act \9\
authorizes the Commission, by rule, regulation, or order, to exempt,
either conditionally or unconditionally, any person, security, or
transaction, or any class or classes of persons, securities, or
transactions, from any provision or provisions of the Exchange Act or
any rule or regulation thereunder, to the extent that such exemption is
necessary or appropriate in the public interest, and is consistent with
the protection of investors. The Commission finds that it is necessary
and appropriate in the public interest, and consistent with the
protection of investors to grant a temporary exemption from compliance
with the SDR Rules until June 30, 2016. The SDR Rules implement
mandates under Title VII of the Dodd-Frank Act and govern the SDR
registration process, duties and core principles.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78mm.
---------------------------------------------------------------------------

    The Commission notes that the SDR Rules Compliance Date is less
than one month away. The Commission believes that granting the
temporary exemption along with an extension of the SDR Relief will give
additional time to potential SDR registrants to thoroughly develop and
prepare a complete application for registration. Notices of completed
Forms SDR will be published to afford interested persons an opportunity
to submit written comments concerning such application.\10\ Given the
SDR Rules Compliance Date, the temporary exemption should also provide
staff sufficient time to analyze adequately any application materials
that may be submitted.
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    \10\ In the SDR Rules Release, the Commission stated that if a
person files an amendment to its application for registration after
the Commission has already published notice of the filing of its
Form SDR and the Commission finds that the amendment renders the
prior filing materially incomplete, then the 90-day period pursuant
to Rule 13n-11(c) will reset from the time that the Commission deems
the amended application to be complete for the Commission's review.
---------------------------------------------------------------------------

II. Conclusion

    Accordingly, the Commission hereby grants, pursuant to Section 36
of the Exchange Act, a temporary exemption from compliance with the SDR
Rules until June 30, 2016, and an extension of the SDR Relief such that
it will expire on the earlier of (1) the date the Commission grants
registration to an SDR and (2) June 30, 2016.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2016-06546 Filed 3-22-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 121 (Monday, June 24, 2013)]
[Notices]
[Pages 37854-37856]
[FR Doc No: 2013-14964]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69789; File No. SR-BOX-2013-31]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Extend the Penny Pilot Program and Amend Rule 7050

June 18, 2013.
    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 June 11, 2013, BOX Options Exchange LLC (the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

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

    The Exchange proposes to amend Rule 7260 to extend, through
December 31, 2013, the pilot program that permits certain classes to be
quoted in penny increments (``Penny Pilot Program'') and to remove
obsolete rule text from Rule 7050. The text of the proposed rule change
is available from the principal office of the Exchange, on the
Exchange's Internet Web site at http://boxexchange.com, 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to extend the effective time period of the
Penny Pilot Program that is currently scheduled to expire on June 30,
2013, for an additional six months, through December 31, 2013.\3\ The
Penny Pilot Program permits certain classes to be quoted in penny
increments. The minimum price variation for all classes included in the
Penny Pilot Program, except for the QQQs, SPY and IWM, will continue to
be $0.01 for all quotations in options series that are quoted at less
than $3 per contract and $0.05 for all quotations in options series
that are quoted at $3 per contract or greater. The QQQs, SPY and IWM,
will continue to be quoted in $0.01 increments for all options series.
---------------------------------------------------------------------------

    \3\ The Penny Pilot Program has been in effect on the Exchange
since its inception in May 2012. See Securities Exchange Act Release
Nos. 66871 (April 27, 2012) 77 FR 26323 (May 3, 2012) (File No. 10-
206, In the Matter of the Application of BOX Options Exchange LLC
for Registration as a National Securities Exchange Findings,
Opinion, and Order of the Commission), 67328 (June 29, 2012) 77 FR
40123 (July 6, 2012) (SR-BOX-2012-007), and 68425 (December 13,
2012) 77 FR 75234 (December 19, 2013) (SR-BOX-2012-021). The
extension of the effective date is the only change to the Penny
Pilot Program being proposed at this time.
---------------------------------------------------------------------------

    The Exchange may replace any Pilot Program classes that have been
delisted on the second trading day following July 1, 2013. The
replacement classes will be selected based on trading activity for the
six month period beginning December 1, 2012, and ending May 31, 2013.
The Exchange will employ the same parameters to prospective replacement
classes as approved and applicable under the Pilot Program, including
excluding high-priced underlying securities. The Exchange will
distribute a Regulatory Circular notifying Participants which
replacement classes shall be included in the Penny Pilot Program.
    Additionally, the Exchange proposes to remove obsolete rule text
from BOX Rule 7050 (b) regarding the issuance of Regulatory Circulars
by the Exchange which specify the options trading in the pilot and in
what increments. These Regulatory Circulars are no longer filed with
the Commission and removing this text will conform the Penny Pilot
Program with the rules of the other exchanges.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\4\ in general, and Section
6(b)(5) of the Act,\5\ in particular, in that it is designed to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism for a free and open market and a national market
system and, in general, to protect investors and the public interest.
In particular, the proposed extension will allow the Penny Pilot
Program to remain in effect without interruption.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    Because the proposed rule change does not impose any new or
additional burden on BOX Options Participants, and only extends the
current Penny Pilot Program, the Exchange does not believe that the
proposed rule change will impose any burden on competition not
necessary or appropriate in furtherance of the purposes of the Act.

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6)(iii) thereunder.\9\
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    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.\10\
However, pursuant to Rule 19b-4(f)(6)(iii),\11\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because doing so will
allow the Pilot Program to continue without interruption in a manner
that is consistent with the Commission's prior approval of the
extension and expansion of the Pilot Program and will allow the
Exchange and the Commission additional time to analyze the impact of
the Pilot Program.\12\ Accordingly, the

Commission designates the proposed rule change as operative upon filing
with the Commission.\13\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this pre-filing requirement.
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ See Securities Exchange Act Release No. 61061 (November 24,
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44). See
also supra note 3.
    \13\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-BOX-2013-31 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BOX-2013-31. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BOX-2013-31 and should be
submitted on or before July 15, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-14964 Filed 6-21-13; 8:45 am]
BILLING CODE 8011-01-P