[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Notices]
[Page 30095-30097]
[DOCID:fr28my10-147]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62152; File No. SR-ISE-2010-41]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Professional Customer Fees

May 21, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 5, 2010, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission the proposed rule change, as described in Items I, II, and
III below, which items have been prepared by the self-regulatory
organization. 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 ISE is proposing to amend its Schedule of Fees. The text of the
proposed rule change is available on the Exchange's Web site (http://
www.ise.com), at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 self-regulatory organization
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
    ISE proposes to amend its Schedule of Fees. Specifically, the
Exchange proposes to adopt a $0.18 per contract execution fee for
``professional customers'' who execute orders as a result of taking
liquidity from ISE's order book.
    ISE rules distinguish between Priority Customer Orders and
Professional Orders.\3\ A Priority Customer is defined in ISE Rule
100(a)(37A) as a person or entity that is not a broker or dealer in
securities, and does not place more than 390 orders in listed options
per day on average during a calendar month for its own beneficial
account(s). A Professional Order is defined in ISE Rule 100(a)(37C) as
an order that is for the account of a person or entity that is not a
Priority Customer. For purpose of this discussion, ``professional
customers'' are non-broker/dealer participants who enter at least 390
orders per day on average during a calendar month for their own
beneficial account(s). The level of trading activity by professional
customers more resembles that of market makers and proprietary traders
on the Exchange than it does of other customers.
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    \3\ See Securities Exchange Act Release No. 59287 (Jan. 23,
2009), 74 FR 5694 (Jan. 30, 2009).
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    Currently, the primary distinction between the two types of
customers is that Priority Customers are given priority on the order
book over professional customers. Professional customers are on parity
with market makers and broker/dealers. However, professional customers,
until recently, did not pay transaction fees and currently do so on a
limited basis. Market makers and broker/dealers on the other hand have
always paid transaction fees to the Exchange. Specifically, for market
makers, the Exchange currently applies a sliding scale, between $0.01
and $0.18 per contract side, based on the number of contracts an ISE
market maker trades in a month. Broker/dealer orders currently pay a
flat execution fee of $0.20 per traded contract.\4\
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    \4\ The Exchange recently adopted a modified maker/taker pricing
program applicable to a select number of options classes under which
professional customer orders and broker/dealer orders are treated
equally. See Securities Exchange Act Release No. 61869 (April 7,
2010), 75 FR 19449 (April 14, 2010).
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    Earlier this year, the Exchange adopted a $0.20 per contract
execution fee for professional customers who execute orders as a result
of posting liquidity to ISE's order book.\5\ This ``maker'' fee applies
only to professional customer orders, i.e., non-broker/dealer customer
orders; it does not apply to market maker and broker/dealer orders who
already pay transaction fees under the Exchange's current fee schedule.
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    \5\ See Securities Exchange Act Release No. 61434 (January 27,
2010), 75 FR 5826 (February 4, 2010).
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    The Exchange now proposes to adopt a $0.18 per contract execution
fee for professional customers who execute orders as a result of taking
liquidity from ISE's order book.\6\ The Exchange currently has a fee
cap for large-size foreign currency (``FX'') options orders where ISE
waives the transaction fee on incremental volume above 5,000 contracts
for single-sided FX options orders of at least 5,000 contracts. This
fee waiver will also apply to professional customer orders. The
Exchange believes that the proposed fees for professional customers
will allow the Exchange to remain competitive with other options
exchanges who apply fees to professional customers.\7\
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    \6\ Fees charged by the Exchange for professional customer
orders are always equal to or less than those charged for broker/
dealer orders.
    \7\ The fees proposed herein do not apply to professional
customer orders in a select number of options classes that are a
part of the modified maker/taker pricing program recently adopted by
the Exchange. See supra note 2.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Exchange Act,\8\ in general,
and furthers the objectives of Section 6(b)(4),\9\ in particular, in
that it is designed to provide for the equitable allocation of
reasonable dues, fees and other charges among its members and other
persons using its facilities. In particular, the proposed rule change
will help equalize fees among market makers, proprietary traders and
professional customers on the Exchange.
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is 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 not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3) of the Act \10\ and Rule 19b-4(f)(2) \11\ thereunder. At any
time within 60 days of the filing of such proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
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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-ISE-2010-41 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-ISE-2010-41. 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,\12\ 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 ISE. 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-ISE-2010-41 and should be
submitted on or before June 18, 2010.
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    \12\ The text of the proposed rule change is available on ISE's
Web site at http://www.ise.com, on the Commission's Web site at
http://www.sec.gov, at ISE, and at the Commission's Public Reference
Room.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-12872 Filed 5-27-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Rules and Regulations]
[Pages 25723-25726]
[FR Doc No: 2017-11412]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0363; Directorate Identifier 2014-NE-08-AD;
Amendment 39-18887; AD 2017-10-13]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding airworthiness directive (AD) 2015-17-19 for
all Rolls-Royce plc (RR) RB211 Trent 768-60, 772-60, and 772B-60
turbofan engines. AD 2015-17-19 required inspection of the fan case
low-pressure (LP) fuel tubes and associated clips and the fuel oil heat
exchanger (FOHE) mounts and associated hardware. This AD requires an
engine modification, which terminates the repetitive inspections. This
AD was prompted by fractures on the LP fuel return tube at mid-span
locations that were found with resulting fuel leaks. We are issuing
this AD to correct the unsafe condition on these products.

DATES: This AD is effective July 10, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 10,
2017.

ADDRESSES: For service information identified in this final rule,
contact Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby,
England, DE248BJ; phone: 011-44-1332-242424; fax: 011-44-1332-249936;
email: http://www.rolls-royce.com/contact/civil_team.jsp; Web site:
https://www.aeromanager.com. You may view this service information at
the FAA, Engine & Propeller Directorate, 1200 District Avenue,
Burlington, MA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>. It is also available on the Internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2014-0363.

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-2014-
0363; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the mandatory continuing airworthiness information,
regulatory evaluation, any comments received, and other information.
The address for the Docket Office (phone:<PHONE_NUMBER>) is Document
Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Wego Wang, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 1200
District Avenue, Burlington, MA 01803; phone:

781-238-7134; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2015-17-19, Amendment 39-18252 (80 FR 55232,
September 15, 2015), (``AD 2015-17-19''). AD 2015-17-19 applied to the
specified products. The NPRM published in the Federal Register on
December 1, 2016 (81 FR 86630). The NPRM proposed to retain the
requirements of AD 2015-17-19, and require an engine modification,
which terminates the repetitive inspections.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Request To Delay Issuance

    American Airlines (AA) requested a delay of the issuance of this AD
until the issues related to RR Alert Service Bulletin (ASB) RB.211-73-
AJ366, Initial Issue and Supplement, dated May 3, 2016, are resolved.
AA is concerned that the difficulty of incorporating RR ASB RB.211-73-
AJ366 might put an airliner at risk of hydraulic fluid loss and that
the production output of RR might not meet the demand of required
replacements in response to an anticipated aircraft-level AD that would
mandate the replacement of single-welded dampers with double-welded
dampers.
    We disagree. We have determined that there are currently no issues
with ASB RB.211-73-AJ366, Initial Issue and Supplement, dated May 3,
2016. We have also determined that complying with ASB RB.211-73-AJ366,
Initial Issue and Supplement, dated May 3, 2016, will not increase the
risk of hydraulic fluid loss. Additionally, RR has determined that it
has the capacity to meet the demand for replacement parts. We did not
change this AD.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting
this AD as proposed.

Related Service Information Under 1 CFR Part 51

    RR has issued Alert Non-Modification Service Bulletin (NMSB)
RB.211-73-AH522, Revision 4, dated January 18, 2016; Alert NMSB RB.211-
73-AH837, Revision 1, dated November 6, 2015; and ASB RB.211-73-AJ366,
Initial Issue and Supplement, dated May 3, 2016. Alert NMSB RB.211-73-
AH522, Revision 4, dated January 18, 2016 describes procedures for
inspecting and, if necessary, replacing worn rubber sections of the P-
clip. Alert NMSB RB.211-73-AH837, Revision 1, dated November 6, 2015
describes procedures for inspecting and, if necessary, replacing the P-
clip attaching bracket, supporting hardware, and LP fuel tube. ASB
RB.211-73-AJ366, Initial Issue and Supplement, dated May 3, 2016
describes procedures for modification of the routing of fuel, oil, and
hydraulic tube assemblies. 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.

Other Related Service Information

    RR has issued Service Bulletin RB.211-73-F343, Revision 4, dated
May 26, 2011. This service information describes procedures for
replacing the fuel tube assemblies and supporting hardware.

Costs of Compliance

    We estimate that this AD affects 108 engines installed on airplanes
of U.S. registry. We also estimate that it would take about 6 hours per
engine to perform the inspections in this AD. The average labor rate is
$85 per hour. We also estimate that 54 of the engines will fail the
inspections required by this AD. Replacement parts cost about $4,031
per engine.
    We also estimate that it would take about 50 hours per engine to
modify each engine. The modification would cost about $150,000 per
engine. Based on these figures, we estimate the cost of this AD on U.S.
operators to be $16,931,754.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends part 39 of the Federal Aviation
Regulations (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 removing airworthiness directive (AD)
AD 2015-17-19, Amendment 39-18252 (80 FR 55232, September 15, 2015) and
adding the following new AD:

2017-10-13 Rolls-Royce plc: Amendment 39-18887; Docket No. FAA-2014-
0363; Directorate Identifier 2014-NE-08-AD.

(a) Effective Date

    This AD is effective July 10, 2017.

(b) Affected ADs

    This AD supersedes AD 2015-17-19, Amendment 39-18252 (80 FR
55232, September 15, 2015), (``AD 2015-17-19'').

(c) Applicability

    This AD applies to all Rolls-Royce plc (RR) RB211 Trent 768-60,
772-60, and 772B-60

turbofan engines, if fitted with fuel tube, part number (P/N)
FW53576, which was incorporated through RR production modification
73-F343 or which were modified in service in accordance with RR
Service Bulletin (SB) RB.211-73-F343, Revision 4, dated May 26,
2011.

(d) Unsafe Condition

    This AD was prompted by fractures found on the low-pressure (LP)
fuel return tube at mid span locations with resulting fuel leaks. We
are issuing this AD to prevent failure of the fan case LP fuel tube,
which could lead to an in-flight engine shutdown, loss of thrust
control, and damage to the airplane.

(e) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Within 800 flight hours (FH) after October 20, 2015 (the
effective date of AD 2015-17-19), or prior to further flight,
whichever occurs later, and thereafter at intervals not to exceed
800 FH, inspect the clip at the uppermost fan case LP fuel tube clip
position, CP4881, and support bracket, P/N FW26692. Use
Accomplishment Instructions, paragraph 3.A, of RR Alert Non-
Modification Service Bulletin (NMSB) RB.211-73-AH837, Revision 1,
dated November 6, 2015, or paragraph 3.A. or 3.B. of RR Alert NMSB
RB.211-73-AH522, Revision 4, dated January 18, 2016, to do the
inspection.
    (i) If the clip at the uppermost clip position, CP4881, fails
inspection, before further flight, replace the clip with a part
eligible for installation and inspect the fan case LP fuel tube, P/N
FW53576, for fretting, and clips for cracks or failure, according to
Accomplishment Instructions, paragraph 3.A. of RR Alert NMSB RB.211-
73-AH837, Revision 1, dated November 6, 2015, or paragraph 3.A. or
3.B. of RR Alert NMSB RB.211-73-AH522, Revision 4, dated January 18,
2016.
    (ii) If the support bracket, P/N FW26692, fails inspection,
before further flight, replace the bracket with a part eligible for
installation and inspect the fan case LP fuel tube, P/N FW53576, and
clips for cracks or failure, according to Accomplishment
Instructions, paragraph 3.A. of RR Alert NMSB RB.211-73-AH837,
Revision 1, dated November 6, 2015, or paragraph 3.A. or 3.B. of RR
Alert NMSB RB.211-73-AH522, Revision 4, dated January 18, 2016.
    (2) Within 4,000 FH since new or 800 FH after October 20, 2015
(the effective date of AD 2015-17-19), or prior to further flight,
whichever occurs later, and thereafter at intervals not to exceed
4,000 FH, inspect the fan case LP fuel tube, P/N FW53576, and clips,
and the fuel oil heat exchanger (FOHE) mounts and hardware, for
damage, wear, or fretting. Use paragraph 3.A. or 3.B.,
Accomplishment Instructions, of RR Alert NMSB RB.211-73-AH522,
Revision 4, dated January 18, 2016, to do the inspection.
    (i) If the fan case LP fuel tube, P/N FW53576, fails inspection,
before further flight, replace the fuel tube and clips with parts
eligible for installation.
    (ii) If any FOHE mount or hardware shows signs of damage, wear,
or fretting, before further flight, replace the damaged part with a
part eligible for installation.
    (3) At each shop visit after the effective date of this AD,
inspect the fan case LP fuel tubes, P/Ns FW26589, FW36335, FW26587,
FW53577, and FW53576, and clips, and the FOHE mounts and hardware,
for damage, wear, or fretting. Use paragraphs 3.B.(1) and 3.B.(2) of
RR Alert NMSB RB.211-73-AH522, Revision 4, dated January 18, 2016,
to do the inspection.
    (i) If any fan case LP fuel tube fails inspection, before
further flight, replace the fuel tube and clips with parts eligible
for installation.
    (ii) If any FOHE mount or hardware shows signs of damage, wear,
or fretting, before further flight, replace the damaged part with a
part eligible for installation.
    (4) If you replace any fan case LP fuel tube, clip, FOHE mount,
or hardware as a result of the inspections in paragraphs (e)(1),
(2), or (3) of this AD, you must still continue to perform the
repetitive inspections specified in paragraphs (e)(1), (2), and (3)
of this AD, until you comply with paragraph (e)(6) of this AD.
    (5) No reports requested in any of the Alert NMSBs that are
referenced in paragraphs (e)(1), (2), and (3) of this AD are
required by this AD.
    (6) During the next shop visit after the effective date of this
AD, modify the engine in accordance with the Accomplishment
Instructions, paragraphs (B) and (C), Section 3, of RR Alert Service
Bulletin (ASB) RB.211-73-AJ366, Initial Issue and Supplement, dated
May 3, 2016.
    (7) After the effective date of this AD, do not install an M07
module, unless it is modified in accordance with the Accomplishment
Instructions, paragraphs (B) and (C), Section 3, of RR ASB RB.211-
73-AJ366, Initial Issue and Supplement, dated May 3, 2016.

(f) Credit for Previous Actions

    If, before the effective date of this AD, you performed the
inspections and corrective actions required by paragraph (e) of this
AD using RR NMSB RB.211-73-G848, Revision 3, dated June 12, 2014; or
RR Alert NMSB RB.211-73-AH837, Revision 1, dated November 6, 2015;
or paragraph 3.A. or 3.B. of RR Alert NMSB RB.211-73-AH522, Revision
4, dated January 18, 2016; or any earlier version of those NMSBs,
you met the inspection requirements in paragraph (e) of this AD.

(g) Mandatory Terminating Action

    Modification of an engine, as required by paragraph (e)(6) of
this AD, constitutes terminating action for the repetitive
inspections required by paragraphs (e)(1), (2), (3), and (4) of this
AD.

(h) Definitions

    For the purposes of this AD:
    (1) An ``engine shop visit'' is the induction of an engine into
the shop for maintenance involving the separation of pairs of major
mating engine flanges, except that the separation of engine flanges
solely for the purposes of transportation without subsequent engine
maintenance is not an engine shop visit.
    (2) The fan case LP fuel tubes and clips, and the FOHE mounts
and hardware, are eligible for installation if they have passed the
inspection requirements of paragraphs (e)(1), (2), and (3) of this
AD.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
to this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(j) Related Information

    (1) For more information about this AD, contact Wego Wang,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency (EASA) AD
2016-0120, dated June 17, 2016, which supersedes EASA AD 2014-0243,
Revision 1, dated December 10, 2014 and Correction dated March 23,
2015, for more information. You may examine the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating it in Docket No. FAA-2014-0363.
    (3) RR SB RB.211-73-F343, Revision 4, dated May 26, 2011, which
is not incorporated by reference in this AD, can be obtained from
Rolls-Royce plc, using the contact information in paragraph (k)(3)
of this AD.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA. For
information on the availability of this material at the FAA, call
781-238-7125.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Rolls-Royce plc (RR) Alert Non-Modification Service Bulletin
(NMSB) RB.211-73-AH522, Revision 4, dated January 18, 2016.
    (ii) RR Alert NMSB RB.211-73-AH837, Revision 1, dated November
6, 2015.
    (iii) RR Alert Service Bulletin RB.211-73-AJ366, Initial Issue
and Supplement, dated May 3, 2016.
    (3) For RR service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby,
England, DE248BJ; phone: 011-44-1332-242424; fax: 011-44-1332-
249936; email: http://www.rolls-royce.com/contact/civil_team.jsp;
Web site: https://www.aeromanager.com.
    (4) You may view this service information at FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA. For
information on the availability of this material at the FAA, call
781-238-7125.
    (5) You may view this service information at the National
Archives and Records

Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on May 9, 2017.
Carlos A. Pestana,
Acting Assistant Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2017-11412 Filed 6-2-17; 8:45 am]
 BILLING CODE 4910-13-P


44537024). This study was negative.
3. 	Reverse gene mutation, S. typhimuriumfE. Coli; Test Material: CGA-323060 (MRlD
	44537026). This study was negative

CGA-362020, an isomer of acibenzolar-S-methyl, is a low level impurity arising from a new production process for acibenzolar-S-methyl, which has not yet been submitted to the Agency. Trace levels of this isomer (<0.1%) were found in some batches of technical grade acibenzolar-S-niethyl produced via the new production process. See the 6(a)(2) letter from Novartis, dated 3/16/98, reporting the findings in this mutagenicity study and the above information regarding the formation of this isomer in the new production process. Presumably, the same isomer does not occur in the old production process which produced the test material (lot/batch # P.303011) that was used for virtually all the toxicity testing on acibenzolar-S-methyl up to this point in time.
APPENDIX B.  Chemical Names And Structures Of Metabolites

APPENDIX C. Physical/Chemical Properties

Physicochemical Properties of Acibenzolar-S-Methyl.
Parameter
Value
Reference
Melting point/range
133 ºC
DP# 250963, 2/10/99, H. Podall
pH
7.9 (1% solution in water) at 25 ºC

Density
1.54 g/cc at 22 ºC (bulk density)

Water solubility
0.0077 g/L

Solvent solubility
Methanol	  4.2 g/L
Acetone		  28 g/L
Toluene		  36 g/L
n-Octanol	  5.4 g/L
n-Hexane	  1.3 g/L
Ethyl acetate	   25 g/L
Dichloromethane   160 g/L
European Commission, 6506/VI/99-final, 5/21/02
Vapor pressure
3.6 x 10[-6] Torr at 25 ºC
DP# 250963, 2/10/99, H. Podall
Dissociation constant, pKa
No dissociation constant in an
accessible pH range (1.0 - 9.0)
European Commission, 6506/VI/99-final, 5/21/02
Octanol/water partition coefficient, Log(KOW)
Log (POW) 3.1 at 25 ºC
DP# 250963, 2/10/99, H. Podall
UV/visible absorption spectrum
253 nm ε : 14.7 10[3] l mol[-1] cm[-1]
288 nm ε : 5.4 10[3]
324 nm ε : 7.2 10[3]
European Commission, 6506/VI/99-final, 5/21/02

APPENDIX D.  Studies Reviewed for Ethical Conduct

The PHED Task Force, 1995.  The Pesticide Handlers Exposure Database, Version 1.1.  Task Force members Health Canada, U.S. Environmental Protection Agency, and the National Agricultural Chemicals Association, released February, 1995.

Agricultural Re-entry Task Force (ARTF) data base (SOP #3.1)


[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Notices]
[Pages 16528-16529]
[FR Doc No: 2022-06101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94446; File No. SR-BX-2022-004]

Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Harmonize
Various Processes Under Options 3, Section 20 Across the Affiliated
Nasdaq Options Exchanges

March 17, 2022.
    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 March 8, 2022, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I, II, and III, below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to harmonize its processes and procedures
under Options 3, Section 20 with those of its affiliated options
exchange.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/bx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to harmonize its existing processes for the
review of decisions on appeal under Options 3, Section 20 with those of
its affiliate Nasdaq Phlx LLC (``Phlx'').
    Today, Options 3, Section 20(k) governs the appeal process for
determinations by Exchange staff made under this Rule, including
obvious error determinations. Specifically, a party to a transaction
affected by a decision made under this section may appeal that decision
to the Exchange Review Council. An appeal must be made in writing, and
must be received by the Exchange within thirty (30) minutes after the
person making the appeal is given the notification of the determination
being appealed.
    The Exchange proposes generally to maintain its current appeal
process with certain additions to harmonize its process with that of
its affiliate, Phlx. First, while Phlx similarly requires the parties
to submit a request for review within thirty (30) minutes of being
notified of the determination being appealed, Phlx also provides
parties with additional time to submit their request if the
notification occurs later in the trading day. In particular, if the
notification is made after 3:30 p.m. Eastern Time, either party has
until 9:30 a.m. Eastern Time on the next trading day to submit a
request for review.\3\ Similar to Phlx, the Exchange believes that this
flexibility will be helpful for Participants in submitting their appeal
requests in a timely manner, particularly where notification of the
Official's decision was received later in the trading day, and
therefore proposes to adopt this provision in Options 3, Section 20(k).
---------------------------------------------------------------------------

    \3\ See Phlx Options 3, Section 20(l).
---------------------------------------------------------------------------

    Second, the Exchange proposes to add a provision for when the
Exchange Review Council panel must render a decision on requests for
appeal to harmonize to Phlx's process. Specifically, the Exchange
proposes in Options 3, Section 20(k) that the Exchange Review Council
panel shall review the facts and render a decision on the day of the
transaction, or the next trade day in the case where a request is
properly made after 3:30 p.m. on the day of the transaction or where
the request is properly made the next trade day.\4\
---------------------------------------------------------------------------

    \4\ See Phlx Options 3, Section 20(l) for analogous language.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\5\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\6\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that its proposal to amend the current appeal
process to harmonize with Phlx's appeal process is consistent with the
Act because it will continue to afford Participants with due process in
connection with decisions made by Officials under Options 3, Section 20
that the Participant may feel warrants review. As discussed above, the
proposal would allow either party until 9:30 a.m. the next trading to
submit a request for review if notification is made after 3:30 p.m.,
which the Exchange believes will be helpful for Participants in
submitting their appeal requests in a timely manner. Furthermore, the
proposal provides the Exchange Review Council panel additional time and
flexibility to render decisions on requests for appeal in cases where a
request is properly made after 3:30 p.m. on the day of the transaction
or where the request is properly made the next trade day, and is
designed to reduce administrative burden on the Exchange.
    Ultimately, the proposed changes to the appeal process are intended
to align certain time frames with those of its affiliate in order to
provide more consistent rules and procedures across the affiliated
options exchanges owned by Nasdaq, Inc. Consistent rules and
procedures, in turn, would simplify and streamline the regulatory
requirements and increase the understanding of the Exchange's
operations for Participants of the Exchange that are also members on
the Exchange's affiliated options exchanges. Greater harmonization
across the affiliated options exchanges will result in greater
uniformity, rules that are easier to follow and understand, and more
efficient regulatory compliance, thereby contributing to the protection
of investors and the public interest. As such, the proposed rule change
would foster cooperation and coordination with persons engaged in
facilitating transactions in securities and

would remove impediments to and perfect the mechanism of a free and
open market and a national market system.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. As it relates to the proposed
changes to the appeal process under Options 3, Section 20(k), the
changes are designed to provide greater harmonization among similar
rules and processes across the Exchange's affiliated options exchanges,
resulting in more efficient regulatory compliance for common members.
For these reasons, the Exchange believes that the proposed rule change
reflects this competitive environment and does not impose any undue
burden on intermarket competition.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \7\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is 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.

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-BX-2022-004 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2022-004. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions.
    You should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-BX-2022-004
and should be submitted on or before April 13, 2022.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-06101 Filed 3-22-22; 8:45 am]
BILLING CODE 8011-01-P


region facility species. orig stage year impinged. est entrained. est notes qc dummy dummy dummy dummy dummy  999  999 dummy dummy river ggallen threadfin. shad age01 1973 819,372 . RM # 35954; pg 18 lefer river ggallen bluegill age01 1973 3,879 . RM # 35954; pg 18 lefer river ggallen gizzard. shad age01 1973 2,315 . RM # 35954; pg 18 lefer river ggallen channel. catfish age01 1973 1,283 . RM # 35954; pg 18 lefer river ggallen white. catfish age01 1973 766 . RM # 35954; pg 18 lefer river ggallen yellow. perch age01 1973 735 . RM # 35954; pg 18 lefer river ggallen pumpkinseed age01 1973 329 . RM # 35954; pg 18 lefer river ggallen redbreast. sunfish age01 1973 203 . RM # 35954; pg 18 lefer river ggallen warmouth age01 1973 110 . RM # 35954; pg 18 lefer river ggallen largemouth. bass age01 1973 63 . RM # 35954; pg 18 lefer river ggallen redear. sunfish age01 1973 63 . RM # 35954; pg 18 lefer river ggallen brown. bullhead age01 1973 63 . RM # 35954; pg 18 lefer river ggallen silvery. minnow age01 1973 63 . RM # 35954; pg 18 lefer river ggallen satinfin. shiner age01 1973 63 . RM # 35954; pg 18 lefer river ggallen golden. shiner age01 1973 31 . RM # 35954; pg 18 lefer river ggallen white. bass age01 1973 31 . RM # 35954; pg 18 lefer river ggallen mosquitofish age01 1973 31 . RM # 35954; pg 18 lefer river ggallen black. crappie age01 1973 16 . RM # 35954; pg 18 lefer species oct dec. 1973 jan mar. 1974 apr june. 1974 july sept. 1974 sum source gizzard. shad 59 26 43 70 198 RM# 21609 pg 376 threadfin. shad 31295 20219 836 2621 54,971 RM# 21609 pg 376 channel. catfish 7 45 20 12 84 RM# 21609 pg 376 bluegill 31 24 168 89 312 RM# 21609 pg 376 unknown. fish 20 34 71 72 197 RM# 21609 pg 376 sum 31412 20348 1138 2864 calculated days 92 90 91 92 273 calculated est. fish. per. day 5235 3390 195 480 RM# 21609 pg 376 extrap. fish. imp 481620 305100 17745 44160 extrap. gizzard. shad 905 390 671 1,079 3,044 extrap. threadfin. shad 479,826 303,166 13,036 40,413 836,441 extrap. channel. catfish 107 675 312 185 1,279 extrap. bluegill 475 360 2,620 1,372 4,827 extrap. unknown. fish 307 510 1,107 1,110 3,034 sum 481,620 305,100 17,745 44,160 Losses data for Allen Station ( North Carolina). Cooling water source: Catawba River Intake 316( b) Phase III A. Gage, 12/ 1/ 2003 Notes:

Impingement sampling was conducted at travelling screens 2x monthly for 24 hr periods from Sept 1973 Aug 1974.

Sum doesn't match total on pg 18, but can't find a typo.

Entered data from 21609 as a check only do not use.

QC:

Checked estimated impingement against source document. The sum in the source document is a typo. M. Lefer 12/ 8/ 03.


[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Page 57807]
[FR Doc No: 2015-24380]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-2602-000]

Meyersdale Storage, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Meyersdale Storage, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 23, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: September 3, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-24380 Filed 9-24-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Notices]
[Pages 46154-46155]
[FR Doc No: 2018-19814]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14884-000]

Midwest Energy Recycling, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On July 17, 2018, Midwest Energy Recycling, LLC filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Yellow Medicine County Pumped Storage Project to be located near the
Minnesota River and the City of Granite Falls, in Yellow Medicine
County, Minnesota. The sole purpose of a preliminary permit, if issued,
is to grant the permit holder priority to file a license application
during the permit term. A preliminary permit does not authorize the
permit holder to perform any land-disturbing activities or otherwise
enter upon lands or waters owned by others without the owners' express
permission.
    The proposed project would consist of the following all new
facilities: (1) A circular 100-acre rockfill embankment (upper
reservoir) having a total storage capacity of 3,300 acre-feet with a
maximum pond elevation level of 1089 feet mean sea level (msl); (2) a
2,400-foot by 1,425-foot rectangular lower reservoir with a total
storage capacity of 3,300 acre-feet and water surface elevation between
minus (-) 1,320 and minus 1,420 feet msl; (3) a 100-foot outside
diameter, 18-foot inside diameter ``morning glory'' in configuration
reinforced concrete intake located in the upper reservoir; (4) a
vertical 2,500-foot-long, 18-foot-diameter steel penstock connected to
the intake at the upper reservoir and ending in a bifurcation before
the powerhouse located at the lower reservoir; (5) a 200-foot-long, 70-
foot-wide, 130-foot-high reinforced concrete powerhouse containing two
333-megawatt (MW) reversible pump turbine units with a total plant
rating of 666 MW; (6) a 240-foot-long, 50-foot-wide, 40-foot-high
transformer gallery; (7); a 200 to 1,000-foot-long, 345-kilovolt
transmission line extending from the transformer gallery to an existing
substation (the point of interconnection); and (8) appurtenant
facilities. The estimated annual generation of the Yellow Medicine
County Pumped Storage Project would be 1,450 gigawatt-hours.
    Applicant Contact: Mr. Douglas A. Spaulding, P.E., Nelson Energy,
8441 Wayzata Boulevard, Suite 101 Golden Valley, MN 55426; phone: (952)
544-8133.
    FERC Contact: Sergiu Serban; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 Days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-14884-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14884) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: September 6, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-19814 Filed 9-11-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 222 (Tuesday, November 17, 2020)]
[Notices]
[Pages 73318-73321]
[FR Doc No: 2020-25264]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90392; File No. SR-MIAX-2020-35]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Exchange's Amended and Restated
Certificate of Formation, Second Amended and Restated Limited Liability
Company Agreement, and the Amended and Restated By-Laws

November 10, 2020.
    Pursuant to the provisions of 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 October 28, 2020, Miami International
Securities Exchange LLC (``MIAX Options'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') a 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.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposal to amend the Exchange's Amended
and Restated Certificate of Formation (the ``Certificate of
Formation''), Second Amended and Restated Limited Liability Company
Agreement (the ``LLC Agreement''), and the Amended and Restated By-Laws
(the ``By-Laws'').
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/ at MIAX Options'
principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
Changes to the Certificate of Formation
    The Exchange proposes to amend the Certificate of Formation to make
several non-substantive, administrative and clarifying changes. On June
17, 2011, the Exchange executed the Amended and Restated Certificate of
Formation. The Exchange first proposes to amend the first paragraph of
the Certificate of Formation in order to accurately reflect the amended
document title and the date upon which it was executed. In particular,
the Exchange proposes to delete the word ``original'' and the phrase
``under Miami International Stock Exchange, LLC on September 10, 2007,
as amended by the Certificate of Amendment, filed on April 21, 2010.''
\3\ The Exchange proposes to insert the amended document title and date
upon which the Amended and Restated Certificate of Formation was
executed. With the proposed changes, the first paragraph of the
Certificate of Formation will be as follows:
---------------------------------------------------------------------------

    \3\ See Certificate of Formation.

    This filing has been executed and filed in accordance with
Section 18-208 of the Limited Liability Company Act. This document
is being executed for the purpose of amending and restating the
Amended and Restated Certificate of Formation, filed on June 17,
---------------------------------------------------------------------------
2011 under file number: 4420452.

    The Exchange also proposes to amend the Second clause in the
Certificate of Formation to update the address of the Exchange's
registered office in the State of Delaware, as well as the Exchange's
registered agent. In particular, the Exchange proposes to delete the
address and company name of the registered office and registered agent,
respectively, as contained in the current Certificate of Formation.\4\
The Exchange proposes to insert in the Second clause of the Certificate
of Formation the updated address of its registered office and the name
of the Exchange's registered agent. With the proposed changes, the
Second clause of the Certificate of Formation will be as follows:
---------------------------------------------------------------------------

    \4\ See id., SECOND Clause.

    The address of its registered office in the State of Delaware is
1209 Orange Street in the City of Wilmington, County of New Castle,
ZIP Code 19801. The name of its registered agent at such address is
---------------------------------------------------------------------------
The Corporation Trust Company.

    The Exchange also proposes to amend the signature line for the
Certificate of Formation by deleting ``Thomas P. Gallagher, Chairman,''
as the signatory.\5\ In its place, the Exchange proposes to insert the
signatory as ``Barbara J. Comly, EVP, General Counsel & Corporate
Secretary.''
---------------------------------------------------------------------------

    \5\ See supra note 3.
---------------------------------------------------------------------------

    The purpose of the proposed changes to the Certificate of Formation
are to ensure that the Exchange's Certificate of Formation accurately
reflects correct, current information, including the name of the
amended document as well as the legal address and name of the
registered office and registered agent for the Exchange in order to
reduce potential investor or market participant confusion.
Changes to the LLC Agreement
    The Exchange proposes to amend the LLC Agreement to make several
non-substantive, administrative and clarifying changes. On May 20,
2011, the Exchange executed the First Amended and Restated Limited
Liability Company Agreement (the ``First LLC Agreement''). On December
1, 2012, the Exchange executed the Second Amended and Restated Limited
Liability Company Agreement (the ``Second LLC Agreement''), which
restated the First LLC Agreement. The first paragraph of the LLC
Agreement refers to the document as the ``Operating Agreement.'' \6\
The Exchange now proposes to amend the first paragraph of the LLC
Agreement to reflect the current amended document, which will be the
``Third Amended and Restated Limited Liability Company Agreement'' (the
``Third LLC Agreement''). Accordingly, the Exchange proposes to update
the text in the first paragraph of the LLC Agreement to reflect this
change, thereby deleting reference to the name and date of the First
LLC Agreement, and inserting the name and date of the Second LLC
Agreement as being amended and restated by the Third LLC Agreement. The
Exchange also proposes to delete the reference to the ``Operating
Agreement,'' for purposes of clarity and uniformity.\7\ With the
proposed changes, the first paragraph of the LLC Agreement will be as
follows:
---------------------------------------------------------------------------

    \6\ See LLC Agreement.
    \7\ See id.

    Miami International Holdings, Inc., a Delaware corporation, the
sole member (the ``LLC Member'') of Miami International Securities
Exchange, LLC, a Delaware limited liability company (the
``Company''), pursuant to and in accordance with the Delaware
Limited Liability Company Act, 6 Del.C. Sec.  18-101, et seq. (the
``LLC Act''), hereby

declares the following to be the Third Amended and Restated Limited
Liability Company Agreement (the ``LLC Agreement'') of the Company
which amends and restates in its entirety the Second Amended and
Restated Limited Liability Company Agreement dated December 1, 2012
of the Company. Capitalized terms not otherwise defined herein shall
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have the meanings set forth on Schedule A to this LLC Agreement.

    Next, the Exchange proposes to amend Section 3 of the LLC Agreement
to amend the address referenced therein for the Exchange's principal
place of business. The Exchange has increased its office space at its
current address of 7 Roszel Road, Princeton, New Jersey 08540.\8\ The
new mailing and principal address for the Princeton, New Jersey office
is now 7 Roszel Road, Suite 1A, Princeton, New Jersey 08540.
Accordingly, the Exchange proposes to amend Section 3 of the LLC
Agreement to reflect the change in mailing address from ``5th Floor''
to ``Suite 1A.''
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    \8\ See id., Section 3.
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    The Exchange next proposes to amend Section 4 of the LLC Agreement
to update the address of the Exchange's registered office in the State
of Delaware, as well as the Exchange's registered agent. In particular,
the Exchange proposes to delete the address and company name of the
registered office and registered agent, respectively, as contained in
the current LLC Agreement. The Exchange proposes to insert in Section 4
of the LLC Agreement the updated address of its registered office and
the name of the Exchange's registered agent. With the proposed changes,
Section 4 of the LLC Agreement will be as follows:

    The registered office of the Company required by the LLC Act to
be maintained in the State of Delaware shall be 1209 Orange Street
in the City of Wilmington, County of New Castle, ZIP Code 19801 or
such other office as the Board of Directors may designate from time
to time. The registered agent for the Company shall be The
Corporation Trust Company, or such other registered agent as the
Board of Directors may designate from time to time.

    Next, the Exchange proposes to amend Section 6 of the LLC Agreement
to clarify that Miami International Holdings, Inc. (``MIH'') is the
sole LLC Member \9\ of the Exchange and to update the address for MIH,
as described above. The Exchange also proposes to delete the reference
to ``Schedule B'' and the following sentence: ``The LLC Member was
admitted to the Company as an LLC Member of the Company upon its
execution of a counterpart signature page to the Operating Agreement at
which time it acquired 100% of the limited liability company interests
of the Company.'' The purpose of these changes is for administrative
ease and to provide uniformity throughout the LLC Agreement. The
Exchange also proposes to delete ``Schedule B'' from the LLC Agreement,
which simply states that the LLC Member is MIH. This is duplicative
information as the term ``LLC Member'' is defined in Schedule A to the
LLC Agreement.\10\ Accordingly, the Exchange proposes to delete
Schedule B and move the information regarding the LLC Member into
Section 6.
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    \9\ ``LLC Member'' means Miami International Holdings, Inc., as
the sole member of the Company. See LLC Agreement, Schedule A,
Definitions.
    \10\ See id.
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    Next, the Exchange proposes to amend Section 9 of the LLC Agreement
to delete the last sentence of Section 9(a), which states, ``The
Directors as of the date of this LLC Agreement are set forth on
Schedule C attached hereto.'' Schedule C of the LLC Agreement provides
the names and classifications of the Board of Directors of the Exchange
as of December 1, 2012. The Exchange proposes to delete Schedule C, and
all references to Schedule C, as further described below, from the LLC
Agreement. The names and classifications of the Board of Directors of
the Exchange are publicly available information through the
Commission's Electronic Data Gathering, Analysis, and Retrieval
(``EDGAR'') website.\11\ The purpose of these changes is for
administrative ease and to provide uniformity throughout the LLC
Agreement.
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    \11\ See https://www.sec.gov/edgar/searchedgar/companysearch.html and https://www.sec.gov/oiea/Article/edgarguide.html for EDGAR filing information.
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    The Exchange also proposes to amend the first sentence of Section
9(c) to clarify that the By-Laws \12\ of the Exchange have been
adopted, thereby deleting the phrase ``hereby adopt the,'' in order to
clarify that this has already occurred. Further, the Exchange proposes
to delete the reference to ``Exhibit A'' in Section 9(c). Exhibit A
currently provides that the By-Laws of MIAX are attached to the LLC
Agreement. The Exchange provides the By-Laws as publicly available
information on its website. Accordingly, additional reference to the
By-Laws in Exhibit A is duplicative.
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    \12\ ``By-Laws'' has the meaning set forth in Section 9(c). See
LLC Agreement, Schedule A, Definitions.
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    Next, the Exchange proposes to amend Section 29 of the LLC
Agreement to delete the reference to ``Schedule B'' and provide a
cross-reference to Section 6 for the address of the LLC Member, as
described above. These proposed changes will provide clarity and
uniformity throughout the LLC Agreement.
    The Exchange next proposes to amend ``Schedule A, Definitions'' to
the LLC Agreement to delete the definition for ``Operating Agreement.''
As described above, the Exchange is amending and restating the LLC
Agreement for the third time and as such, is removing the reference in
the first paragraph of the LLC Agreement to the ``Operating
Agreement.''
Changes to the By-Laws
    The Exchange proposes to amend the first paragraph of the By-Laws
to make several non-substantive, administrative changes. In particular,
the Exchange proposes to amend the first paragraph of the By-Laws to
delete the phrases ``Second Amended and Restated'' and ``dated as of
December 1, 2012,'' both of which refer to the LLC Agreement.\13\ The
purpose of these changes is for administrative ease and to provide
uniformity among the titles of each of the Exchange's corporate
documents. With the proposed changes, the first paragraph of the By-
Laws will be as follows:
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    \13\ See By-Laws.

    These Amended and Restated By-Laws have been established as the
By-Laws of Miami International Securities Exchange, LLC, a Delaware
limited liability company (the ``Company''), pursuant to the Limited
Liability Company Agreement of the Company (as amended from time to
time, the ``LLC Agreement''), and, together with the LLC Agreement,
constitute the limited liability company agreement of the Company
within the meaning of the LLC Act (as defined in the LLC Agreement).
In the event of any inconsistency between the LLC Agreement and
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these By-Laws, the provision of the LLC Agreement shall control.

    Finally, the Exchange proposes to make technical and conforming
changes to time and date of effectiveness on the signature pages of
each of the Certificate of Formation, LLC Agreement and By-Laws. The
Exchange also proposes to amend the signature line of the LLC Agreement
to insert the full title of the signatory as ``Thomas P. Gallagher,
Chairman and Chief Executive Officer.''
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\14\ Specifically, the Exchange believes the proposed rule change
is consistent with the Section

6(b)(5) \15\ requirements that the rules of an exchange be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, 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 of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. Additionally, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) \16\ requirement that the rules of an exchange not be designed
to permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ Id.
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    The Exchange believes that the proposed changes to the Certificate
of Formation, LLC Agreement and By-Laws are designed to prevent
fraudulent and manipulative acts and practices, promote just and
equitable principles of trade, foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, remove impediments to and perfect the mechanism of a free
and open market and a national market system, and, in general, protect
investors and the public interest. The Exchange believes that the
proposed changes are non-substantive, administrative changes and will
reduce potential investor or market participant confusion regarding the
Exchange's corporate documents. Further, the Exchange believes the
proposed changes are not material and will have no impact on the
governance, ownership, or operations of the Exchange.
    The Exchange believes its proposal to amend the Certificate of
Formation, LLC Agreement and By-Laws are consistent with the Act as the
changes are to maintain accurate information regarding, among other
things, the Exchange's address, registered agent and registered office.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe the proposed rule change will impose any burden on intra-market
and inter-market competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the proposed changes are
not intended to address competitive issues but rather are
administrative, non-substantive changes that are concerned solely with
updating the Certificate of Formation, LLC Agreement and By-Laws to
reflect current, accurate information.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-
4(f)(6) thereunder.\18\
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and 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 requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \19\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \20\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay. As
the proposed rule change raises no novel issues and promotes accuracy
and consistency within the Exchange's Certificate of Formation, LLC
Agreement, and By-Laws, the Commission believes that waiver of the 30-
day operative delay is consistent with the protection of investors and
the public interest. Accordingly, the Commission hereby waives the
operative delay and designates the proposed rule change operative upon
filing.\21\
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    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
    \21\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    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 change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2020-35 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2020-35. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are

cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MIAX-2020-35, and should be submitted on
or before December 8, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-25264 Filed 11-16-20; 8:45 am]
BILLING CODE 8011-01-P