[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Proposed Rules]
[Pages 24715-24718]
[FR Doc No: E9-12112]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0476; Directorate Identifier 2008-NM-188-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 707 Airplanes, and Model
720 and 720B Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain Boeing Model 707 airplanes, and
Model 720 and 720B series airplanes. The existing AD currently requires
repetitive detailed inspections to detect cracks and corrosion on any
existing repairs and at certain body stations (STA) of the visible
surfaces of the wing to body terminal fittings including the web,
flanges, and ribs; and applicable related investigative and corrective
actions. This proposed AD would retain the requirements of the existing
AD and would require repetitive ultrasonic inspections to detect any
stress corrosion cracks within the outboard flange of the left and
right body terminal fittings at STA 820, and related investigative and
corrective actions if necessary. This proposed AD would also provide
for an optional terminating action for the repetitive inspections. This
proposed AD also adds two airplanes to the applicability. This proposed
AD results from reports of cracks found in the wing to body terminal
fittings during routine inspections. We are proposing this AD to detect
and correct cracks and corrosion in the body terminal fittings above
and below the floor, which could cause loss of support for the wing and
could adversely affect the structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by July 10, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; e-mail,

<EMAIL_ADDRESS>Internet, https://www.myboeingfleet.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6577; 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-2009-0476;
Directorate Identifier 2008-NM-188-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 because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On August 6, 2008, we issued AD 2008-17-10, amendment 39-15648 (73
FR 50703, August 28, 2008), for certain Boeing Model 707 airplanes, and
Model 720 and 720B series airplanes. That AD requires repetitive
detailed inspections to detect cracks and corrosion on any existing
repairs and at certain body stations (STA) of the visible surfaces of
the wing to body terminal fittings including the web, flanges and ribs;
and applicable related investigative and corrective actions. That AD
resulted from reports of cracks found in the wing to body terminal
fittings during routine inspections. We issued that AD to detect and
correct cracks and corrosion in the body terminal fittings, which could
cause loss of support for the wing and could adversely affect the
structural integrity of the airplane.

Relevant Service Information

    We have reviewed Boeing 707 Alert Service Bulletin A3524, Revision
1, dated September 18, 2008. (AD 2008-17-10 refers to Boeing 707
Special Attention Service Bulletin 3524, dated July 18, 2007, as the
appropriate source of service information for accomplishing the
required actions in that AD.) Revision 1 of this service bulletin adds
procedures, for certain airplanes, to do repetitive ultrasonic
inspections for stress corrosion cracks within the outboard flange of
the left and right body terminal fittings at STA 820, and if necessary,
related investigative and corrective actions. The related investigative
action is an inspection to determine whether the modification or repair
meets the specifications of Boeing 707/720 Service Bulletin 2912,
Revision 1, dated March 13, 1970. The corrective action is contacting
Boeing for repair instructions. Revision 1 of Boeing 707 Alert Service
Bulletin A3524 also adds two airplanes to the effectivity.
    Boeing 707 Alert Service Bulletin A3524, Revision 1, refers to
Boeing 707/720 Service Bulletin 2912, Revision 1, dated March 13, 1970,
as an additional source of service information for doing certain
inspections and repairs.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other airplanes of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2008-17-10 and would retain the requirements of the
existing AD. This proposed AD would also add, for certain airplanes,
repetitive ultrasonic inspections to detect any stress corrosion cracks
within the outboard flange of the left and right body terminal fittings
at STA 820, and related investigative and corrective actions if
necessary. This proposed AD would also add two airplanes to the
applicability.

Costs of Compliance

    There are about 128 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                   Average                      Number of U.S.-
            Action                Work hours      labor rate      Cost per        registered        Fleet cost
                                                   per hour       airplane         airplanes
----------------------------------------------------------------------------------------------------------------
Inspections (required by AD    20..............          $80  $1,600 per       11..............  $17,600 per
 2008-17-10).                                                  inspection                         inspection
                                                               cycle.                             cycle.
Inspections (new proposed      20 to 30,                  80  $1,600 to        Up to 13........  Up to $31,200
 action).                       depending on                   $2,400 per                         per inspection
                                group.                         inspection                         cycle.
                                                               cycle.
----------------------------------------------------------------------------------------------------------------

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 have 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 that the 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); and
    3. 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.

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

    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]

    2. The FAA amends Sec.  39.13 by removing amendment 39-15648 (73 FR
50703, August 28, 2008) and adding the following new AD:

Boeing: Docket No. FAA-2009-0476; Directorate Identifier 2008-NM-
188-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by July 10,
2009.

Affected ADs

    (b) This AD supersedes AD 2008-17-10.

Applicability

    (c) This AD applies to Model 707-100 long body, -200, -100B long
body, and -100B short body series airplanes; Model 707-300, -300B, -
300C, and -400 series airplanes; and Model 720 and 720B series
airplanes; certificated in any category; as identified in Boeing 707
Alert Service Bulletin A3524, Revision 1, dated September 18, 2008.

Subject

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

Unsafe Condition

    (e) This AD results from new findings of cracks found in the
wing to body terminal fittings during routine inspections. We are
issuing this AD to detect and correct cracks and corrosion in the
body terminal fittings above and below the floor, which could cause
loss of support for the wing and could adversely affect the
structural integrity of the airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Requirements of AD 2008-17-10

Inspections and Corrective Actions

    (g) For airplanes identified in Boeing 707 Special Attention
Service Bulletin 3524, dated July 18, 2007: Within 24 months after
October 2, 2008 (the effective date of AD 2008-17-10), do detailed
inspections and applicable related investigative and corrective
actions, by accomplishing all the actions specified in the
Accomplishment Instructions of Boeing 707 Special Attention Service
Bulletin 3524, dated July 18, 2007; or Boeing 707 Alert Service
Bulletin A3524, Revision 1, dated September 18, 2008; except as
provided by paragraph (h) of this AD. After the effective date of
this AD, use only Boeing 707 Alert Service Bulletin A3524, Revision
1, dated September 18, 2008. Repeat the detailed inspections
thereafter at intervals not to exceed 24 months. Do all applicable
related investigative and corrective actions before further flight.
    (h) If any crack or corrosion is found during any inspection
required by paragraph (g) of this AD, and Boeing 707 Special
Attention Service Bulletin 3524, dated July 18, 2007; or Boeing 707
Alert Service Bulletin A3524, Revision 1, dated September 18, 2008;
specifies to contact Boeing for appropriate action: Before further
flight, repair the terminal fittings using a method approved in
accordance with the procedures specified in paragraph (o) of this
AD.

No Information Submission

    (i) Although Boeing 707 Special Attention Service Bulletin 3524,
dated July 18, 2007; and Boeing 707 Alert Service Bulletin A3524,
Revision 1, dated September 18, 2008; specify to submit information
to the manufacturer, this AD does not include that requirement.

New Requirements of This AD

Inspections

    (j) For Group 1 and Group 2 airplanes identified in Boeing 707
Alert Service Bulletin A3524, Revision 1, dated September 18, 2008,
on which a modification or repair was done in accordance with Boeing
707/720 Service Bulletin 2912, Revision 1, dated March 13, 1970: At
the later of the times specified in paragraphs (j)(1) and (j)(2) of
this AD, do an ultrasonic inspection to detect any stress corrosion
cracks within the outboard flange of the left and right body
terminal fittings at body station (STA) 820, and all applicable
related investigative and corrective actions, by accomplishing all
the actions specified in the Accomplishment Instructions of Boeing
707 Alert Service Bulletin A3524, Revision 1, dated September 18,
2008, except as provided by paragraph (m) of this AD. Repeat the
ultrasonic inspection thereafter at intervals not to exceed 24
months or 2,000 flight cycles, whichever occurs first. Do all
applicable related investigative and corrective actions before
further flight.
    (1) Within 24 months or 2,000 flight cycles after the effective
date of this AD, whichever occurs first.
    (2) Within 24 months or 2,000 flight cycles after doing the
repair or modification, whichever occurs first.
    (k) For Group 3 and 4 airplanes identified in Boeing 707 Alert
Service Bulletin A3524, Revision 1, dated September 18, 2008: Within
2,000 flight cycles or 24 months after the effective date of this
AD, whichever occurs first, do an ultrasonic inspection to detect
any stress corrosion cracks within the outboard flange of the left
and right body terminal fittings at STA 820, and all applicable
corrective actions, by accomplishing all the actions specified in
the Accomplishment Instructions of Boeing 707 Alert Service Bulletin
A3524, Revision 1, dated September 18, 2008, except as provided by
paragraph (m) of this AD. Repeat the ultrasonic inspection
thereafter at intervals not to exceed 24 months or 2,000 flight
cycles, whichever occurs first. Do all applicable corrective actions
before further flight.
    (l) For Group 4 airplanes identified in Boeing 707 Alert Service
Bulletin A3524, Revision 1, dated September 18, 2008: Within 24
months after the effective date of this AD, do detailed inspections
for corrosion and cracking of the body terminal fittings at STA 820,
and all applicable related investigative and corrective actions, by
accomplishing all the actions specified in the Accomplishment
Instructions of Boeing 707 Alert Service Bulletin A3524, Revision 1,
dated September 18, 2008, except as provided by paragraph (m) of
this AD. Repeat the detailed inspections thereafter at intervals not
to exceed 24 months. Do all applicable related investigative and
corrective actions before further flight.

Exception to Certain Procedures

    (m) If any crack or corrosion is found during any inspection
required by paragraph (j), (k), or (l) of this AD, and Boeing 707
Alert Service Bulletin A3524, Revision 1, dated September 18, 2008,
specifies to contact Boeing for appropriate action: Before further
flight, repair the terminal fittings using a method approved in
accordance with the procedures specified in paragraph (o) of this
AD.

    Note 1: Boeing 707 Alert Service Bulletin A3524, Revision 1,
dated September 18,

2008, refers to Boeing 707/720 Service Bulletin 2912, Revision 1,
dated March 13, 1970, as an additional source of service information
for doing certain inspections and repairs.

Optional Terminating Action

    (n) Replacing a body terminal fitting with a fitting made from
7075-T73 material, using a method approved in accordance with the
procedures specified in paragraph (o) of this AD, terminates the
repetitive inspections required by this AD for that fitting only.

Alternative Methods of Compliance (AMOCs)

    (o)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM-120S,
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax (425)
917-6590; or, e-mail information to<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Seattle ACO, to make those findings. For a repair
method to be approved, the repair must meet the certification basis
of the airplane, and the approval must specifically refer to this
AD.

    Issued in Renton, Washington, on May 15, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E9-12112 Filed 5-22-09; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Page 31802]
[FR Doc No: 2018-14655]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Form TH, SEC File No. 270-377, OMB Control No. 3235-0425

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form TH (17 CFR 239.65, 249.447, 269.10 and 274.404) under the
Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities Exchange
Act of 1934 (15 U.S.C. 78a et seq.), the Trust Indenture Act of 1939
(15 U.S.C. 77aaa et seq.) and the Investment Company Act of 1940 (15
U.S.C. 80a-1 et seq.) is used by registrants to notify the Commission
that an electronic filer is relying on the temporary hardship exemption
for the filing of a document in paper form that would otherwise be
required to be filed electronically as required by Rule 201(a) of
Regulation S-T. Form TH must be filed every time an electronic filer
experiences unanticipated technical difficulties preventing the timely
preparation and submission of a required electronic filing.
Approximately 5 registrants file Form TH and it takes an estimated 0.33
hours per response for a total annual burden of 2 hours (0.33 hours per
response x 5 responses).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Candace
Kenner, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected].

    Dated: July 3, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14655 Filed 7-6-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Rules and Regulations]
[Pages 30728-30729]
[FR Doc No: 2014-12377]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0388]

Drawbridge Operation Regulation; Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the upper deck of the Steel Bridge
across the Willamette River, mile 12.1, at Portland, OR. This deviation
is necessary to accommodate the safe and efficient movement of light
rail and roadway traffic associated with

the Rose Parade in Portland, Oregon. This deviation allows the upper
deck of the Steel Bridge to remain in the closed position to facilitate
efficient movement of event patrons.

DATES: This deviation is effective from 7 a.m. on June 7, 2014 to 1:30
p.m. on June 7, 2014.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2014-0388 and are available online
by going to http://www.regulations.gov, inserting USCG-2014-0388 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Trimet of Portland has requested that the
upper deck of the Steel Bridge remain closed to vessel traffic to
accommodate the safe and efficient movement of light rail and roadway
traffic associated with the Rose Parade. The Steel Bridge crosses the
Willamette River at mile 12.1 and is a double-deck lift bridge with a
lower lift deck and an upper lift deck which operate independent of
each other. When both decks are in the down position the bridge
provides 26 feet of vertical clearance above Columbia River Datum 0.0.
When the lower deck is in the up position the bridge provides 71 feet
of vertical clearance above Columbia River Datum 0.0. This deviation
does not affect the operating schedule of the lower deck which opens on
signal. Vessels which do not require an opening of the upper deck of
the bridge may continue to transit beneath the bridge and, if needed,
may obtaining an opening of the lower deck of the bridge for passage
during this closure period of the upper deck. Under normal conditions
the upper deck of the Steel Bridge operates in accordance with 33 CFR
117.897(c)(3)(ii) which states that from 8 a.m. to 5 p.m. Monday
through Friday one hour advance notice shall be given for draw openings
and at all other times two hours advance notice shall be given to
obtain an opening. This deviation period is from 7 a.m. on June 7, 2014
to 1:30 p.m. June 7, 2014. The deviation allows the upper deck of the
Steel Bridge across the Willamette River, mile 12.1, to remain in the
closed position and need not open for maritime traffic from 7 a.m. on
June 7, 2014 to 1:30 p.m. June 7, 2014. The bridge shall operate in
accordance to 33 CFR 117.897 at all other times. Waterway usage on this
stretch of the Willamette River includes vessels ranging from
commercial tug and barge to small pleasure craft. Mariners will be
notified and kept informed of the bridge's operational status via the
Coast Guard Notice to Mariners publication and Broadcast Notice to
Mariners as appropriate. The lift span will be required to open, if
needed, for public vessels of the United States and Canada and for
vessels engaged in emergency response operations during this closure
period.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: May 16, 2014.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2014-12377 Filed 5-28-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Notices]
[Pages 41534-41536]
[FR Doc No: 2011-17679]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64840; File No. SR-BX-2011-043]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 7034 To Extend the Waiver of Certain Co-Location Installation Fees
for an Additional Month

July 8, 2011.
    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 July 1, 2011, NASDAQ OMX BX, Inc. (``BX'' 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.
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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 7034 to extend the waiver of
fees assessed for the installation of certain co-location services for
an additional month. The text of the proposed rule change is available
at http://nasdaqomxbx.cchwallstreet.com, at the Exchange's principal
office, at the Commission's Public Reference Room, and at the
Commission's Web site at http://www.sec.gov.

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 amend Rule 7034 to extend for a one-month
period the initial waiver of fees assessed for the installation of
certain co-location services, in order to provide its existing and
potential new customers a full opportunity to avail themselves of the
waiver. The initial waiver of fees for the installation of certain co-
location services commenced June 1, 2011 and ended June 30, 2011.\3\
Since the initial waiver, there has been significant demand for the
select co-location services by existing customers, as well as new
customers. However, the Exchange has become aware that a significant
number of new and existing customers are unable to complete their
requests by June 30, 2011 due to the need for additional time to order
new equipment to be housed in the cabinets, or, to complete the
internal approval

process for the ongoing monthly fees that will be incurred as part of
the service. Therefore, the Exchange proposes to extend the waiver of
fees until July 29, 2011 (the ``extended period''). Beginning August 1,
2011, the above-referenced waived fees will revert to the amount in
effect prior to June 1, 2011. The Exchange proposes to extend the
waiver of the following installation fees during the extended period:
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 64631 (June 8,
2011), 76 FR 34785 (June 14, 2011) (SR-BX-2011-032).
---------------------------------------------------------------------------

    1. Rule 7034(a): Installation fees for new cabinets with power.
    2. Rule 7034(b): Installation fees for external telecommunication,
inter-cabinet connectivity, connectivity to The Nasdaq Stock Market LLC
and market data connectivity related to an order for a new cabinet.
However, the one-time telecommunication connectivity expedite fee \4\
will not be waived during the extended period.
---------------------------------------------------------------------------

    \4\ The one-time telecommunication connectivity expedite fee is
a fee for an optional request to complete the installation in a
shorter time period than the install timeframes.
---------------------------------------------------------------------------

    3. Rule 7034(c): Installation fees for cabinet power related to an
order for a new cabinet.
    4. Rule 7034(d): Installation fees for cooling fans, perforated
floor tiles and fiber downspouts, which are necessary items to support
a higher density cabinet and fiber cross connects, relating to an order
for a new cabinet placed during the extended period. Installation fees
for other items that are customized or options are not waived during
the extended period.
    The following requirements must be met to receive the waiver of the
installation fee:
    1. The new cabinet order must be placed in the CoLo Console \5\
during the extended period; and
---------------------------------------------------------------------------

    \5\ The ``CoLo Console'' is web-based ordering tool that is
utilized by NASDAQ to place co-location orders.
---------------------------------------------------------------------------

    2. The new cabinet must be live within 90 days of the date of the
order.\6\
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    \6\ Exchange staff generally installs and makes operational a
new cabinet within 90 days of the date of the order (the ``live
date''). The estimated live date is communicated to the customer.
However, there may be instances where the customer desires the live
date to be later than the estimated live date provided by Exchange
staff. In such instances, the live date cannot extend beyond 90 days
of the date of the order.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\7\ in general, and with
Section 6(b)(4) of the Act,\8\ in particular, in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which the Exchange operates or controls. The proposed fee waiver
is reasonable because it provides an opportunity for all new customers
and all existing customer [sic] that desire additional cabinet space to
obtain that space without incurring fees. This decrease in fees
provided a savings of over $100,000 to customers that took advantage of
the fee waiver during the month of June. In addition, the Exchange
believes that the fee waiver results in an equitable allocation of fees
among the members of the Exchange. Specifically, the Exchange believes
that by encouraging new and existing co-location customers to increase
their presence in the Exchange's data center, the Exchange will
generate additional order execution and data consumption activity. If
it materializes, such an increase in activity would assist the Exchange
in controlling the charges it imposes on members generally for their
use of a variety of Exchange services. The waiver of fees is also
equitably allocated since all existing and potential co-location
customers may avail themselves of the waiver during the period of
availability. Notably, during June 2011, the preponderance of customers
availing themselves of the waiver were existing, rather than new
customers, demonstrating the benefit of the program to a variety of
members. Finally, extending the program for a month will ensure that
several customers that have expressed an interest in expanding their
data center presence but that have not yet been able to do so will have
the opportunity to benefit from the waiver.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. The
Exchange believes that the extension of the waiver of fees for certain
co-location services is equitable because all customers may avail
themselves of the waiver.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\9\ 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. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
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    \9\ 15 U.S.C. 78s(b)(3)(a)(ii).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2011-043 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-BX-2011-043. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for 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 a.m. and 3
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-BX-2011-043 and
should be submitted on or before August 4, 2011.
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    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-17679 Filed 7-13-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Rules and Regulations]
[Page 43983]
[FR Doc No: 2018-18638]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0779]

Drawbridge Operation Regulation; Passaic River, Harrison, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Route 280 Bridge across the Passaic
River, mile 5.8, at Harrison, New Jersey. The deviation is necessary to
perform steel repairs at the lift span. This deviation allows the
bridge to remain closed during the construction period.

DATES: This deviation is effective from 12:01 a.m. on October 1, 2018,
until 11:59 p.m. on December 14, 2018.

ADDRESSES: The docket for this deviation, USCG-2018-0779, is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Judy K. Leung-Yee, Bridge Management
Specialist, First District Bridge Branch, U.S. Coast Guard; telephone
212-514-4336, email [email protected].

SUPPLEMENTARY INFORMATION: The owner of the bridge, New Jersey
Department of Transportation, requested a temporary deviation in order
to perform steel repairs at the lift span.
    The Route 280 Bridge across the Passaic River, mile 5.8, at
Harrison, New Jersey is a vertical lift bridge with a vertical
clearance of 35 feet at mean high water and 40 feet at mean low water
in the closed position. The existing drawbridge operating regulation is
listed at 33 CFR 117.739(h).
    This temporary deviation will allow the Route 280 Bridge to remain
in the closed position from 12:01 a.m. on October 1, 2018, to 11:59
p.m. on December 14, 2018. The deviation will have minimal effect on
navigation. The waterway is transited by recreational and commercial
vessels. Coordination with waterway users has indicated no objection to
the closure of the draw. Vessels able to pass through the bridge in the
closed position may do so at any time. The bridge will not be able to
open for emergencies. There is no immediate alternate route for vessels
to pass.
    The Coast Guard will also inform the users of the waterways through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: August 23, 2018.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2018-18638 Filed 8-28-18; 8:45 am]
 BILLING CODE 9110-04-P