[Federal Register: June 29, 2010 (Volume 75, Number 124)]
[Notices]
[Page 37430]
[DOCID:fr29jn10-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER09-1589-004]

American Transmission Systems, Inc.; Notice of Filing

June 21, 2010.
    Take notice that on February 16, 2010, American Transmission
Systems, Inc. filed a compliance filing, pursuant to Paragraph 86 and
Ordering Paragraph (A) of the Federal Energy Regulatory Commission's
December 17, 2009 Order Addressing RTO Realignment Request and
Complaint, American Transmission Sys., Inc., 129 FERC ] 61,249 (2009)
reh'g pending.
    Any person desiring to intervene or to protest this filing must
file in accordance with rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. e.t. on Thursday, July 1, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-15702 Filed 6-28-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 29, 2010 (Volume 75, Number 59)]
[Notices]
[Page 15480-15482]
[DOCID:fr29mr10-107]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61757; File No. SR-NASDAQ-2010-036)]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Clarify and Modify the Applicability of Nasdaq Rule 5615 To Exchange
Traded Funds

March 22, 2010.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on March 11, 2010, The NASDAQ Stock Market LLC (``Nasdaq'' or
``the Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by Nasdaq. Nasdaq
has designated the proposed rule change as constituting a non-
controversial rule change under Rule 19b-4(f)(6) under the Act,\3\
which renders the proposal effective upon filing with the Commission.
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.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to clarify and modify the applicability of
Nasdaq Rule 5615 to Exchange Traded Funds. The text of the proposed
rule change is below. Proposed new language is in italics; proposed
deletions are in [brackets].\4\
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    \4\ Changes are marked to the rules of The NASDAQ Stock Market
LLC found at http://nasdaq.cchwallstreet.com.
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* * * * *
5615. Exemptions from Certain Corporate Governance Requirements
    This rule provides the exemptions from the corporate governance
rules afforded to certain types of Companies, and sets forth the phase-
in schedules for initial public offerings, Companies emerging from
bankruptcy and Companies transferring from other markets. This rule
also describes the applicability of the corporate governance rules to
controlled companies and sets forth the phase-in schedule afforded to
Companies ceasing to be controlled companies.
    (a) Exemptions to the Corporate Governance Requirements
    (1) Asset-backed Issuers and Other Passive Issuers
    The following are exempt from the requirements relating to Majority
Independent Board {Rule 5605(b){time} , Audit Committee {Rule
5605(c){time} , Independent Director Oversight of Executive Officer
Compensation {Rule 5605(d){time}  and Director Nominations {Rule
5605(e){time} , the Controlled Company Exemption {Rule
5615(c)(2){time} , and Code of Conduct {Rule 5610{time} :
    (A) No change.
    (B) issuers, such as unit investment trusts, including Portfolio
Depository Receipts, which [that] are organized as trusts or other
unincorporated associations that do not have a board of directors or
persons acting in a similar capacity and whose activities are limited
to passively owning or holding (as well as administering and
distributing amounts in respect of) securities, rights, collateral or
other assets on behalf of or for the benefit of the holders of the
listed securities.
* * * * *
    (2)-(4) No change.
    (5) Management Investment Companies
    Management investment companies (including business development
companies) are subject to all the requirements of the Rule 5600 Series,
except that management investment companies registered under the
Investment Company Act of 1940 are exempt from the Independent
Directors requirement, the Independent Director Oversight of Executive
Officer Compensation and Director Nominations requirements, and the
Code of Conduct requirement, set forth in Rules 5605(b), (d) and (e)
and 5610, respectively. In addition, management investment companies
that are Index Fund Shares and Managed Fund Shares, as defined in Rules
5705(b) and 5735, are exempt from the Audit Committee requirements set
forth in Rule 5605(c), except for the applicable requirements of SEC
Rule 10A-3.
IM-5615-4. Management Investment Companies
    Management investment companies registered under the Investment
Company Act of 1940 are already subject to a pervasive system of
federal regulation in certain areas of corporate governance covered by
5600. In light of this, Nasdaq exempts from Rules 5605(b), (d), (e) and
5610 management investment companies registered under the Investment
Company Act of 1940. Business development companies, which are a type
of closed-end management investment company defined in Section 2(a)(48)
of the

Investment Company Act of 1940 that are not registered under that Act,
are required to comply with all of the provisions of the Rule 5600
Series. Management investment companies that are Index Fund Shares and
Managed Fund Shares are exempt from the Audit Committee requirements
set forth in Rule 5605(c), except for the applicable requirements of
SEC Rule 10A-3.
    (b)-(c) No change.
* * * * *

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    Nasdaq is proposing to clarify and modify the applicability of
certain of its corporate governance requirements to exchange traded
funds (``ETFs''). Nasdaq currently lists ETFs formed as unit investment
trusts (``UITs'') or as management investment companies.\5\ ETFs
organized as UITs are listed under Rule 5705(a) and called Portfolio
Depository Receipts, while ETFs organized as management investment
companies are listed under Rule 5705(b) and called Index Fund Shares or
listed under Rule 5735 and called Managed Fund Shares. However, the
exemptions available to the corporate governance requirements are not
presently consistent among ETFs organized under these different legal
structures.
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    \5\ Section 4 of the Investment Company Act of 1940 classifies
investment companies in three principal classes: Face-amount
certificate companies, UITs, and management companies. 15 U.S.C.
80a-4. Management companies are further divided into open-end and
closed-end companies. 15 U.S.C. 80a-5(a). All ETFs are open-end
companies.
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    Nasdaq Rule 5615(a)(1)(B) exempts UITs from certain corporate
governance requirements.\6\ Because Portfolio Depository Receipts are
UITs, they are exempt from, among other things, the requirements in
Rule 5605(b)-(e) and Rule 5610 related to majority independent board,
audit committees, independent director oversight of executive officer
compensation and director nominations, and the code of conduct under
the corporate governance requirements, respectively. Nasdaq proposes to
amend Rule 5615(a)(1)(B) to specifically add a reference to Portfolio
Depository Receipts in order to remove any ambiguity about the
applicability of these exemptions to Portfolio Depository Receipts.
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    \6\ Specifically, Rule 5615(a)(1)(B) exempts ``issuers, such as
unit investment trusts, that are organized as trusts or other
unincorporated associations that do not have a board of directors or
persons acting in a similar capacity and whose activities are
limited to passively owning or holding (as well as administering and
distributing amounts in respect of) securities, rights, collateral
or other assets on behalf of or for the benefit of the holders of
the listed securities.''
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    Nasdaq Rule 5615(a)(5) and IM-5615-4 grant exemptions for ETFs that
are structured as management investment companies from the requirements
of Rule 5605(b) (majority independent board), Rules 5605(d) and (e)
(independent director oversight of executive officer compensation and
director nominations), and Rule 5610 (code of conduct). Unlike Rule
5615(a)(1), Rule 5615(a)(5) does not include an exemption from Rule
5605(c), relating to Nasdaq's audit committee requirements. As such,
ETFs that are formed as management investment companies and listed as
Index Fund Shares or Managed Fund Shares are currently subject to the
audit committee requirements, whereas ETFs that are formed as UITs and
listed as Portfolio Depository Receipts are not subject to those
requirements.
    Nasdaq proposes to expand the exemption in Rule 5615(a)(5) and IM-
5615-4 to also exempt ETFs that are formed as management investment
companies from most of the audit committee requirement of Rule 5605(c),
thereby largely eliminating this difference.\7\ Notwithstanding this
proposed change, one difference will remain: ETFs formed as management
investment companies must comply with the applicable provisions of SEC
Rule 10A-3 of the Securities Exchange Act of 1934 \8\ (``SEC Rule 10A-
3'') and the proposed rule change will specifically state that
requirement. This proposed change will conform Nasdaq's treatment of
these ETFs that are management investment companies with that of other
markets.\9\
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    \7\ Management investment companies other than ETFs must still
comply with the audit committee requirement of Rule 5605(c) and SEC
Rule 10A-3.
    \8\ 17 CFR 240.10A-3.
    \9\ NYSEArca Equities Rule 5.3, in part, details specifically
which corporate governance requirements apply to ``special purpose
companies.'' A special purpose company is defined to include a
company listed under NYSEArca Equities Rule 5.2(j)(3), which
contains NYSEArca's provisions for listing ETFs, called Investment
Company Units, which include registered investment companies
organized as UITs or open-end management investment companies. See
also NYSE Listed Company Manual Section 303A.00, which similarly
provides that the NYSE's corporate governance requirements contained
in Section 303A do not apply to securities listed under Section
703.16, relating to Investment Company Units, which can be organized
as unit investment trusts or open-end management investment
companies.
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    Moreover, Nasdaq believes that it is appropriate to make these
changes because, as stated in IM-5615-4, these entities are subject to
the Investment Company Act of 1940 and the pervasive system of federal
regulation. This includes, among other things, assigning important
duties of investment company governance, such as approval of investment
advisory contracts, to independent directors.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \10\ in general, and furthers the objectives of Section
6(b)(5) of the Act \11\ 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. The proposed change is designed to harmonize the
applicability of Nasdaq's corporate governance rules to various types
of ETFs and will treat similarly situated companies in the same manner.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq 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.

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, if consistent with the protection of
investors and the public interest, it has become effective pursuant to
Section 19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6)(iii)
thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
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 Commission notes that Nasdaq satisfied the five-
day pre-filing notice requirement.
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    At any time within 60 days of the filing of the 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.
    Normally, a proposed rule change filed under 19b-4(f)(6) may not
become operative prior to 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) \14\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. Nasdaq has requested that the
Commission waive the 30-day operative delay. In its filing, Nasdaq
requested the waiver in order to provide immediate clarity to its rules
and to eliminate any disparity between its rules and those of other
exchanges with similar exemptions that have been previously approved by
the Commission.
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    \14\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that waiver of the 30-day operative period
is consistent with the protection of investors and the public interest.
The proposed rule change will clarify an ambiguity in Nasdaq's rules,
which should benefit investors, Nasdaq members, and regulators. In
addition, the Commission notes that, as Nasdaq has pointed out, the
changes proposed in this filing would conform certain of Nasdaq's
corporate governance standards to those of other exchanges.\15\
Accordingly, the Commission designates the proposal to be operative
upon filing with the Commission.\16\
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    \15\ See supra, note 9.
    \16\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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-NASDAQ-2010-036 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-NASDAQ-2010-036. 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 20549-1090 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-
NASDAQ-2010-036 and should be submitted on or before April 19, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-6838 Filed 3-26-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Proposed Rules]
[Pages 65237-65238]
[FR Doc No: 2013-25970]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0017; Airspace Docket No. 13-AAL-1]

Proposed Establishment of Class E Airspace; Central, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace at Central
Airport, Central, AK. Controlled airspace is necessary to accommodate
the new Area Navigation (RNAV) Global Positioning System (GPS) standard
instrument approach procedures at the airport. The FAA is proposing
this action to enhance the safety and management of aircraft operations
at Central Airport, Central, AK.

DATES: Comments must be received on or before December 16, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2013-
0017; Airspace Docket No. 13-AAL-1, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2013-0017 and Airspace Docket No. 13-AAL-1) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2013-0017 and Airspace Docket No. 13-AAL-1''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by establishing Class E airspace extending
upward from 700 feet above the surface at Central, AK. Airspace is
needed to accommodate the new RNAV (GPS) standard instrument approaches
and departures developed for the airport. Class E airspace extending
upward from 700 feet above the surface would be established within an
area 17 miles east and west of the airport and 4 miles north and 9
miles south of the airport. This action would enhance the safety and
management of aircraft operations at the airport.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9X, dated August 7, 2013, and effective September 15,
2013, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.

    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (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); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This proposed regulation is within the scope of that
authority as it would modify controlled airspace at Central Airport,
Central, AK.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

     Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AAL AK E5 Central, AK [New]

Central Airport, AK
    (Lat. 65[deg]34'26'' N., long. 144[deg]46'51'' W.)

    That airspace extending upward from 700 feet above the surface
bounded by a line beginning at lat. 65[deg]44'11'' N., long.
145[deg]29'55'' W.; to lat. 65[deg]34'00'' N., long. 144[deg]04'28''
W.; to lat. 65[deg]22'44'' N., long. 144[deg]10'35'' W.; to lat.
65[deg]26'43'' N., long. 145[deg]19'38'' W.; thence to the point of
origin.

    Issued in Seattle, Washington, on October 23, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-25970 Filed 10-30-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Rules and Regulations]
[Pages 8386-8388]
[FR Doc No: 2020-02865]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0063; Product Identifier 2020-NE-01-AD; Amendment
39-19838; AD 2020-01-55]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain General Electric Company (GE) GE90-110B1 and GE90-115B model
turbofan engines. This AD was sent previously as an emergency AD to all
known U.S. owners and operators of the GE GE90-110B1 and GE90-115B
model turbofan engines with certain engine serial numbers. This AD
requires the removal from service of the interstage seal, part number
2505M72P01 or 2448M33P01, from the affected engines. This AD was
prompted by a recent event involving an uncontained high-pressure
turbine (HPT) failure that resulted in an aborted takeoff. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective March 2, 2020 to all persons except those
persons to whom it was made immediately effective by Emergency AD 2020-
01-55, issued on January 17, 2020, which contained the requirements of
this amendment.
    The FAA must receive comments on this AD by March 30, 2020.

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

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0063; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations is listed
above. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Matthew C. Smith, Aerospace Engineer,
ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone:
781-238-7735; fax:<PHONE_NUMBER>; Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On January 17, 2020, the FAA issued Emergency AD 2020-01-55, which
requires the removal from service of the interstage seal, part number
2505M72P01 or 2448M33P01, from certain serial-numbered GE90-110B1 and
GE90-115B model turbofan engines. That emergency AD was sent previously
to all known U.S. owners and operators of these affected engines. That
action was prompted by investigative findings of an event that occurred
on October 20, 2019, in which a Boeing Model 777-300ER airplane,
powered by GE GE90-115B model turbofan engines, experienced an
uncontained HPT failure resulting in an aborted takeoff. This
condition, if not addressed, could result in uncontained HPT failure,
release of high-energy debris, damage to the engine, damage to the
airplane, and possible loss of the airplane.

FAA's Determination

    The FAA is issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires the removal from service of the interstage seal,
part number 2505M72P01 or 2448M33P01, from the affected engines.

Interim Action

    The FAA considers this AD interim action. The root cause of the HPT
failure is still being investigated and the FAA will consider further
rulemaking depending on the results of the investigation.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that required the immediate adoption of
Emergency AD 2020-01-55, issued on January 17, 2020, to all known U.S.
owners and operators of these engines. The FAA found that the risk to
the flying public justified waiving notice and comment prior to
adoption of this rule because the interstage seal must be removed
within 5 flight cycles from the effective date of AD 2020-01-55.
Therefore, the FAA finds good cause that notice and opportunity for
prior public comment are impracticable. Additionally, the FAA has found
the risk to the flying public justifies waiving notice and comment
prior to adoption of this rule because no domestic operators use this
product. It is unlikely that the FAA will receive any adverse comments

or useful information about this AD from U.S. operators. Therefore, the
FAA finds good cause that notice and opportunity for prior public
comment are unnecessary. These conditions still exist and the AD is
hereby published in the Federal Register as an amendment to section
39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it
effective to all persons. For the reasons stated above, the FAA finds
that good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, the FAA invites you to send any written data, views,
or arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2020-
0063 and Product Identifier 2020-NE-01-AD at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this final
rule. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact received about this AD.

Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this AD contain commercial or financial information that is customarily
treated as private, that you actually treat as private, and that is
relevant or responsive to this AD, it is important that you clearly
designate the submitted comments as CBI. Please mark each page of your
submission containing CBI as ``PROPIN.'' The FAA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this AD. Submissions containing CBI should be
sent to Matthew Smith, Aerospace Engineer, ECO Branch, FAA, 1200
District Avenue, Burlington, MA, 01803. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Costs of Compliance

    The FAA estimates that this AD affects 0 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Remove interstage seal................  100 work-hours x $85 per        $509,600        $518,100              $0
                                         hour = $8,500.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2020-01-55 General Electric Company: Amendment 39-19838; Docket No.
FAA-2020-0063; Product Identifier 2020-NE-01-AD.

(a) Effective Date

    This AD is effective March 2, 2020 to all persons except those
persons to whom it was made immediately effective by Emergency AD
2020-01-55, issued on January 17, 2020, which contained the
requirements of this amendment.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all General Electric Company (GE) GE90-110B1
and GE90-115B model turbofan engines with engine serial number
907150, 907152, 907176, 907179,

907192, 907266, 907270, 907301, 907320, 907337, 907344, 907370,
907371, 907405, 907686, or 907687.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
Section.

(e) Unsafe Condition

    This AD was prompted by investigative findings from an event
involving an uncontained high-pressure turbine (HPT) failure,
resulting in debris penetrating the fuselage and the other engine.
The FAA is issuing this AD to prevent failure of the HPT. The unsafe
condition, if not addressed, could result in uncontained HPT
failure, release of high-energy debris, damage to the engine, damage
to the airplane, and possible loss of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 5 flight cycles after the effective date of this AD,
remove from service the interstage seal, part number 2505M72P01 or
2448M33P01, with serial number GWN0PDTR, GWN0PE7T, GWN0PGEL,
GWN0PL3N, GWN0PEFH, GWN0R4H0, GWN0R4GW, GWN0R8G8, GWN0RAD1,
GWN0RDNM, GWN0RCMT, GWN0RJ69, GWN0RHRM, GWN0RN5A, GWN0W153, or
GWN0W03P.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (i) of this AD. You may email your request
to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    For more information about this AD, contact Matthew C. Smith,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Email:
<EMAIL_ADDRESS>
(j) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on February 7, 2020.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2020-02865 Filed 2-13-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Notices]
[Pages 47206-47207]
[FR Doc No: 2022-16513]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC22-96-000.
    Applicants: Cambria Wind, LLC.
    Description: Application for Prospective Authorization Under
Section 203 of the Federal Power Act of Cambria Wind, LLC.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5151.
    Comment Date: 5 p.m. ET 8/16/22.

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

    Docket Numbers: ER10-1818-031; ER10-1819-034; ER10-1820-037.
    Applicants: Northern States Power Company, a Wisconsin corporation,
Northern States Power Company, a Minnesota corporation, Public Service
Company of Colorado.
    Description: Notice of Change in Status of Northern States Power
Company, a Minnesota corporation, et al.
    Filed Date: 7/27/22.
    Accession Number: 20220727-5043.
    Comment Date: 5 p.m. ET 8/17/22.

    Docket Numbers: ER10-1852-067; ER10-2641-042.
    Applicants: Oleander Power Project, Limited Partnership, Florida
Power & Light Company.
    Description: Notice of Change in Status of Florida Power & Light
Company, et al.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5148.
    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: ER16-1258-005; ER16-438-007; ER13-1266-036; ER15-
2211-033; ER10-2984-053.
    Applicants: Merrill Lynch Commodities, Inc., MidAmerican Energy
Services, LLC, CalEnergy, LLC, Marshall Wind Energy LLC, Grande Prairie
Wind, LLC.
    Description: Supplement to December 23, 2021 Triennial Market Power
Analysis for Southwest Power Pool Inc. Region of Grande Prairie Wind,
LLC, et al.
    Filed Date: 7/15/22.
    Accession Number: 20220715-5241.
    Comment Date: 5 p.m. ET 8/8/22.

    Docket Numbers: ER16-2481-001.
    Applicants: AES Laurel Mountain, LLC.
    Description: Notice of Change in Status of AES Laurel Mountain,
LLC.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5145.
    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: ER20-2101-002.
    Applicants: Fern Solar LLC.
    Description: Notice of Change in Status of Fern Solar LLC.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5146.
    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: ER22-799-003.
    Applicants: Lancaster Area Battery Storage, LLC.
    Description: Notice of Change in Status of Lancaster Area Battery
Storage, LLC.
    Filed Date: 7/26/22.
    Accession Number: 20220726-5144.
    Comment Date: 5 p.m. ET 8/16/22.

    Docket Numbers: ER22-2301-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C., Submits a Notice of
Cancellation of Transmission Service Agreement No. 325 for Firm Point-
to-Point Transmission Service entered into by and between PJM and
Carolina Power & Light Company.
    Filed Date: 7/1/22.
    Accession Number: 20220701-5475.
    Comment Date: 5 p.m. ET 8/1/22.

    Docket Numbers: ER22-2495-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2022-
07-27_SA 2685 Ameren-SIPC Hoyleton Proj Spec No. 4 to be effective 9/
26/2022.
    Filed Date: 7/27/22.
    Accession Number: 20220727-5013.
    Comment Date: 5 p.m. ET 8/17/22.

    Docket Numbers: ER22-2496-000.
    Applicants: UBS AG.
    Description: Notice of Cancellation of Market Based Rate Tariff of
UBS AG.

    Filed Date: 7/27/22.
    Accession Number: 20220727-5045.
    Comment Date: 5 p.m. ET 8/17/22.

    Docket Numbers: ER22-2497-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of CSA, SA
No. 4736; Queue No. AA2-053/AA2-174 to be effective 5/25/2022.
    Filed Date: 7/27/22.
    Accession Number: 20220727-5057.
    Comment Date: 5 p.m. ET 8/17/22.

    Docket Numbers: ER22-2498-000.
    Applicants: Verso Escanaba LLC.
    Description: Sec.  205(d) Rate Filing: Billerud Escanaba LLC Notice
of Succession to be effective 7/28/2022.
    Filed Date: 7/27/22.
    Accession Number: 20220727-5060.
    Comment Date: 5 p.m. ET 8/17/22.

    Docket Numbers: ER22-2499-000.
    Applicants: Border Energy Electric Services, Inc.
    Description: Tariff Amendment: Notice of Cancellation to be
effective 7/28/2022.
    Filed Date: 7/27/22.
    Accession Number: 20220727-5079.
    Comment Date: 5 p.m. ET 8/17/22.

    Docket Numbers: ER22-2500-000.
    Applicants: DLS--Jean Duluth Project Co, LLC.
    Description: Baseline eTariff Filing: MBR Application to be
effective 9/26/2022.
    Filed Date: 7/27/22.
    Accession Number: 20220727-5098.
    Comment Date: 5 p.m. ET 8/17/22.

    Docket Numbers: ER22-2501-000.
    Applicants: DLS--Laskin Project Co, LLC.
    Description: Baseline eTariff Filing: MBR Application to be
effective 9/26/2022.
    Filed Date: 7/27/22.
    Accession Number: 20220727-5099.
    Comment Date: 5 p.m. ET 8/17/22.

    Docket Numbers: ER22-2502-000.
    Applicants: DLS--Sylvan Project Co, LLC.
    Description: Baseline eTariff Filing: MBR Application to be
effective 9/26/2022.
    Filed Date: 7/27/22.
    Accession Number: 20220727-5101.
    Comment Date: 5 p.m. ET 8/17/22.

    Docket Numbers: ER22-2503-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Sec.  205(d) Rate Filing: DEC-Certificate of
Concurrence to the CRSG to be effective 10/1/2022.
    Filed Date: 7/27/22.
    Accession Number: 20220727-5106.
    Comment Date: 5 p.m. ET 8/17/22.

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

    Docket Numbers: ES22-55-000; ES22-56-000; ES22-57-000; ES22-58-000;
ES22-59-000; ES22-60-000.
    Applicants: Massachusetts Electric Company, Nantucket Electric
Company, Niagara Mohawk Power Corporation, New England Hydro-
Transmission Electric Company, Inc., New England Power Company,
National Grid Generation LLC.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Massachusetts Electric
Company, et al.
    Filed Date: 7/27/22.
    Accession Number: 20220727-5077.
    Comment Date: 5 p.m. ET 8/17/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385 211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 27, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-16513 Filed 8-1-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Proposed Rules]
[Pages 49249-49252]
[FR Doc No: 2014-19729]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0603; Directorate Identifier 2013-CE-026-AD]
RIN 2120-AA64

Airworthiness Directives; Meggitt (Troy), Inc. Combustion Heaters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 81-09-09,
which applies to certain Meggitt (Troy), Inc. (previously known as
Stewart Warner South Wind Corporation and as Stewart Warner South Wind
Division) Model Series 8240 (Models 8240-A, 8240-C, 8240E, and 8248),
8253 (Models 8253-A, 8253-B, and 8253-C), 8259 (Models 8259-A, 8259-C,
8259-DL, 8259HL2, 8259HR2, 8259JR2, 8259L, and 8259M), and 8472 (Models
8472C and 8472D) combustion heaters. AD 81-09-09 currently requires
repetitive inspections of the combustion heater; repetitive general
inspections of the combustion heater installation; and, for combustion
heaters having 1,000 hours or more time-in-service (TIS), overhaul of
the combustion heater. Since we issued AD 81-09-09, there was an
airplane accident, and we received reports of the heater malfunction.
This proposed AD would retain most actions from AD 81-09-09, add a
calendar time to the repetitive inspections, and add more detailed
actions for the general inspection. We are proposing this AD to correct
the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by October 6, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Meggitt Control Systems, 3 Industrial Drive, Troy, Indiana 47588;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: www.stewart-warner.com. You may view
this referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0603; 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 (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Chung-Der Young, Aerospace Engineer,
Chicago Aircraft Certification Office, FAA, Small Airplane Directorate,
2300 East Devon Avenue, Des Plaines, IL 60018-4696; telephone (847)
294-7309; fax<PHONE_NUMBER> email<EMAIL_ADDRESS>
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-2014-0603;
Directorate Identifier 2013-CE-026-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 April 16, 1981, we issued AD 81-09-09, Amendment 39-4102 (46 FR
24936, May 4, 1981) (``AD 81-09-09''), for certain Meggitt (Troy), Inc.
(previously known as Stewart Warner South Wind Corporation and as
Stewart Warner South Wind Division) Model Series 8240 (Models 8240-A,
8240-C, 8240E, and 8248), 8253 (Models 8253-A, 8253-B, and 8253-C),
8259 (Models 8259-A, 8259-C, 8259-DL, 8259HL2, 8259HR2, 8259JR2, 8259L,
and 8259M), and 8472 (Models 8472C and 8472D) combustion heaters marked
as meeting the standards of FAA TSO-C20. AD 81-09-09 requires
repetitive inspection of the combustion heater and inspection of the
installation of the combustion heater. AD 81-09-09 resulted from a
hazardous condition caused by deterioration of the combustion heater.
We issued AD 81-09-09 to detect and correct a hazardous condition
caused by deterioration of the combustion heater, which could lead to
ignition of components and result in smoke and fumes in the cabin.

Actions Since AD 81-09-09 Was Issued

    Since we issued AD 81-09-09, Amendment 39-4102 (46 FR 24936, May 4,
1981), we received a report of an airplane accident that resulted in
four fatalities and one serious injury. Only the survivor of the
accident provided a written statement of the accident. She reported
that when the pilot turned on the heater, a ``terrible smell'' was
detected. The pilot told the passengers that the smell was normal for
some heaters. When the pilot turned the heater off, dark, black smoke
began to enter the airplane, which made it difficult to see. In a
flight prior to the accident flight, the heater's overheat light
illuminated when the heater was

turned on. The airplane maintenance records indicated a previous
problem with the heater.
    Regardless of whether the heater played a part in the above-
referenced accident, this condition of deteriorated ignition components
and smoke and fumes in the cabin could lead to passenger injury on
other airplanes incorporating such heaters if not inspected and
corrected.
    Since the accident, Meggitt, Inc. issued new service information
for doing a pressure decay test (PDT). It was also identified that the
repetitive inspections for the combustion heater required only time-in-
service inspections and did not include a calendar time compliance.

Relevant Service Information

    We reviewed:
     Stewart-Warner South Wind Corporation South Wind Service
Manual for Stewart Warner South Wind Aircraft Heaters 8240-A, 8240-C,
8259-A, 8259-C, 8259-DL, 8259-FL1, 8259-GL1, 8259-GL2, Form No. 09-998,
revised: December 1969;
     South Wind Division Stewart-Warner Corporation Beech
Aircraft Corporation Service Manual PM-20688, Part No. 404-001039
Heater Assy. (SW 8253-B), revised: April 1965;
     South Wind Division Stewart-Warner Corporation Service
Manual South Wind Aircraft Heater 8472 Series, Form No. 09-1015,
issued: April 1975; and
     Meggitt Inspection Procedure, Pressure Decay Test,
Aircraft Heaters, dated May 17, 2014.
    The service information describes procedures for inspection of the
combustion heater, inspection of the installation of the combustion
heater, and the pressure decay test for aircraft heaters.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain certain requirements of AD 81-09-09.
This proposed AD would continue requiring the inspection of the
combustion heater; however, the repair of the combustion tube would be
prohibited. This proposed AD would also require a repetitive combustion
heater pressure decay test and a more detailed inspection of the
combustion heater and components.

Change to AD 81-09-09

    Since AD 81-09-09 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have been redesignated in this proposed AD, as
listed in the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                           Corresponding requirement in
       Requirement in AD 81-09-09                this proposed AD
------------------------------------------------------------------------
Paragraph (a)..........................  Paragraph (g).
Paragraph (b)..........................  Paragraph (j).
------------------------------------------------------------------------

Differences Between This Proposed AD and the Service Information

    The proposed AD would prohibit repair of any defective combustion
tube while the service information does not specify this.

Costs of Compliance

    We estimate that this proposed AD affects 6,000 combustion heaters
installed on, but not limited to, Piper Aircraft, Inc. and Cessna
Aircraft Company airplanes of U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on
               Action                        Labor cost               Parts cost          Cost per       U.S.
                                                                                product     operators
----------------------------------------------------------------------------------------------------------------
Perform pressure decay test.........  2 work-hours x $85 per   Not Applicable.........         $170   $1,020,000
                                       hour = $170.
Inspection of thermostat switch and   1 work-hour x $85 per    Not Applicable.........           85      510,000
 upper limit switch.                   hour = $85.
Inspection of solenoid valve and      2 work-hours x $85 per   Not Applicable.........          170    1,020,000
 fuel pump.                            hour = $170.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary combustion
heater overhaul/disable/related replacement that would be required
based on the results of the proposed inspection/test. We have no way of
determining the number of aircraft that might need a combustion heater
overhaul/disable/related replacement:

                           On-Condition Costs
------------------------------------------------------------------------
                                                               Cost per
            Action                Labor cost     Parts cost    product
------------------------------------------------------------------------
Overhaul heater with South     8 work-hours x        $4,220       $4,900
 Wind parts.                    $85 per hour =
                                $680.
Replace temperature switches.  1 work-hour x            320          405
                                $85 per hour =
                                $85.
Repair pump..................  2 work-hours x           470          640
                                $85 per hour =
                                $170.
Disable heater...............  2 work-hours x         (\1\)          170
                                $85 per hour =
                                $170.
Remove heater................  3 work-hours x         (\1\)          255
                                $85 per hour =
                                $255.
------------------------------------------------------------------------
\1\ Not applicable.

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
81-09-09, Amendment 39-4102 (46 FR 24936, May 4, 1981), and adding the
following new AD:

Meggitt (Troy), Inc.: Docket No. FAA-2014-0603; Directorate
Identifier 2013-CE-026-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by October 6,
2014.

(b) Affected ADs

    This AD supersedes AD 81-09-09, Amendment 39-4102 (46 FR 24936,
May 4, 1981).

(c) Applicability

    (1) This AD applies to Meggitt (Troy), Inc. (previously known as
Stewart Warner South Wind Corporation and as Stewart Warner South
Wind Division) Models 8240-A, 8240-C, 8240E, 8248, 8253-A, 8253-B,
8253-C, 8259-A, 8259-C, 8259-DL, 8259HL2, 8259HR2, 8259JR2, 8259L,
8259M, 8472C, and 8472D combustion heaters.
    (2) This appliance is installed on, but not limited to, Piper
Aircraft, Inc. and Cessna Aircraft Company airplanes.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 2140; Heating System.

(e) Unsafe Condition

    This AD was prompted by an airplane accident and reports we
received that the combustion heater was malfunctioning. We are
issuing this AD to detect and correct a hazardous condition caused
by deterioration of the combustion heater, which could lead to
ignition of components and result in smoke and fumes in the cabin.

(f) Compliance

    Comply with this AD within the compliance times specified in
paragraphs (g) through (j) of this AD, including all sub-paragraphs,
unless already done. If the hours of combustion heater operation
cannot be determined, use 50 percent of the airplane's hours time-
in-service (TIS).

(g) Combustion Heater Inspection

    Within the next 10 hours TIS or two calendar months after the
effective date of this AD, whichever occurs first, and repetitively
thereafter at intervals not to exceed 250 hours of combustion heater
operation or two years, whichever occurs first, inspect the
combustion heater. If any discrepancies are found during the
inspection, before further flight, replace any defective combustion
tube and correct or replace other defective assemblies as necessary.
Follow, as applicable, Stewart-Warner South Wind Corporation South
Wind Service Manual for Stewart Warner South Wind Aircraft Heaters
8240-A, 8240-C, 8259-A, 8259-C, 8259-DL, 8259-FL1, 8259-GL1, 8259-
GL2, Form No. 09-998, revised: December 1969; South Wind Division
Stewart-Warner Corporation Beech Aircraft Corporation Service Manual
PM-20688, Part No. 404-001039 Heater Assy. (SW 8253-B), revised:
April 1965; or South Wind Division Stewart-Warner Corporation
Service Manual South Wind Aircraft Heater 8472 Series, Form No. 09-
1015, issued: April 1975.

    Note 1 to paragraph (g) of this AD: The Model 8248 combustion
heater is part of the 8240 series of combustion heaters. The
Stewart-Warner South Wind Corporation South Wind Service Manual for
Stewart Warner South Wind Aircraft Heaters 8240-A, 8240-C, 8259-A,
8259-C, 8259-DL, 8259-FL1, 8259-GL1, 8259-GL2, Form No. 09-998,
revised: December 1969, is applicable service information.

(h) Detailed Combustion Heater Inspection Actions

    (1) During the inspection required in paragraph (g) of this AD,
do the detailed inspection actions listed in paragraphs (h)(1)(i)
through (h)(1)(v) of this AD.
    (i) Inspect the thermostat switch (external from heater) and
upper limit switch (located on the heater). In cold static
condition, both switches should be in closed position; in operation
(hot) condition, both switches should regulate their sensed
temperatures within 10 degrees F.
    (ii) Inspect the solenoid valve and fuel pump for fuel leak,
corrosion, diaphragm crack, metal shavings, and excess grease.
    (iii) With the heater operating, inspect the fuel pump output
pressure for proper gauge hook up and pressure range readings.
    (iv) Inspect the combustion heater's fuel pump operating
pressure to assure it is not affected by other on-board pumps.
    (v) Inspect the heater to assure it instantly responds to the
on/off switch.
    (2) If any discrepancies are found during the inspections
required in paragraph (h)(1) of this AD, before further flight,
replace any defective combustion tube and correct or replace other
defective assemblies, or disable the combustion heater following
paragraph (k)(2) of this AD.

(i) Combustion Heater Installation Inspection

    Within the next 10 hours TIS or two calendar months after the
effective date of this AD, whichever occurs first, and repetitively
thereafter at intervals not to exceed 250 hours of combustion heater
operation or two years, whichever occurs first, inspect the
combustion heater installation following the actions in paragraphs
(i)(1) through (i)(4) of this AD. If any discrepancies are found
during this inspection, before further flight, do any necessary
corrections or replacements.
    (1) Inspect ventilating air and combustion air inlets and
exhaust outlet correcting any restrictions and ensure attachment
security.
    (2) Inspect drain line and ensure it is free of obstruction.
    (3) Check all fuel lines for security at joints and shrouds,
correcting/replacing those showing evidence of looseness or leakage.
    (4) Check all electrical wiring for security at attachment
points, correcting conditions leading to arcing, chafing or
looseness.

(j) Combustion Heater Pressure Decay Test (PDT)

    (1) Within the next 10 hours TIS or two calendar months after
the effective date of this AD, whichever occurs first, and
repetitively thereafter at intervals not to exceed 250 hours of
combustion heater operation or two years, whichever occurs first, do
the PDT following Meggitt Inspection Procedure, Pressure Decay Test,
Aircraft Heaters, dated May 17, 2014.

    Note 2 to paragraph (j)(1) of this AD:  The Model 8248
combustion heater is part of the 8240 series of combustion heaters.
The Meggitt Inspection Procedure, Pressure Decay

Test, Aircraft Heaters, dated May 17, 2014, is applicable service
information.

    (2) If the combustion heater fails the PDT, before further
flight, do one of the corrective actions listed in paragraphs (k)(1)
through (k)(3) of this AD.

(k) Combustion Heater Overhaul/Disable/Removal

    If the combustion heater fails the PDT required in paragraph (j)
of this AD, before further flight, do one of the actions in
paragraphs (k)(1) through (k)(3), including all subparagraphs of
this AD:
    (1) Overhaul the heater and all exterior supporting components.
No repairs to the combustion tube are allowed. Replace any defective
combustion tube with an FAA-approved airworthy combustion tube.
Follow, as applicable, Stewart-Warner South Wind Corporation South
Wind Service Manual for Stewart Warner South Wind Aircraft Heaters
8240-A, 8240-C, 8259-A, 8259-C, 8259-DL, 8259-FL1, 8259-GL1, 8259-
GL2, Form No. 09-998, revised: December 1969; South Wind Division
Stewart-Warner Corporation Beech Aircraft Corporation Service Manual
PM-20688, Part No. 404-001039 Heater Assy. (SW 8253-B), revised:
April 1965; or South Wind Division Stewart-Warner Corporation
Service Manual South Wind Aircraft Heater 8472 Series, Form No. 09-
1015, issued: April 1975.

    Note 3 to paragraph (k)(1) of this AD:  The Model 8248
combustion heater is part of the 8240 series of combustion heaters.
The Stewart-Warner South Wind Corporation South Wind Service Manual
for Stewart Warner South Wind Aircraft Heaters 8240-A, 8240-C, 8259-
A, 8259-C, 8259-DL, 8259-FL1, 8259-GL1, 8259-GL2, Form No. 09-998,
revised: December 1969, is applicable service information.

    (2) Disable the heater by the following actions:
    (i) Disconnect and cap the heater fuel supply;
    (ii) Disconnect circuit breakers;
    (iii) Tag the main switch ``Heater Inoperable''; and
    (iv) The ventilation blower can stay functional.
    (3) Remove the heater by the following actions:
    (i) Disconnect and cap the heater fuel supply;
    (ii) Disconnect/remove circuit breakers;
    (iii) Remove exhaust pipe extension;
    (iv) Cap the exhaust opening;
    (v) Remove the heater; and
    (vi) Do weight and balance for the aircraft.

(l) Credit for Actions Accomplished in Accordance With Previous Service
Information

    (1) This paragraph provides credit for any inspection required
in paragraph (g) of this AD and any overhaul required in paragraph
(k)(1) of this AD based on any inspection of this AD if already done
before the effective date of this AD following, as applicable,
Stewart-Warner South Wind Corporation South Wind Service Manual for
Stewart Warner South Wind Aircraft Heaters 8240-A, 8240-C, 8259-A,
8259-C, 8259-DL, 8259-FL1, 8259-GL1, 8259-GL2, Form No. 09-998,
revised: December 1969; South Wind Division Stewart-Warner
Corporation Beech Aircraft Corporation Service Manual PM-20688, Part
No. 404-001039 Heater Assy. (SW 8253-B), revised: April 1965; or
South Wind Division Stewart-Warner Corporation Service Manual South
Wind Aircraft Heater 8472 Series, Form No. 09-1015, issued: April
1975.

    Note 4 to paragraph (l)(1) of this AD:  The Model 8248
combustion heater is part of the 8240 series of combustion heaters.
The Stewart-Warner South Wind Corporation South Wind Service Manual
for Stewart Warner South Wind Aircraft Heaters 8240-A, 8240-C, 8259-
A, 8259-C, 8259-DL, 8259-FL1, 8259-GL1, 8259-GL2, Form No. 09-998,
revised: December 1969, is applicable service information.

    (2) Repair of the combustion tube is prohibited, and this AD
does not allow credit for any combustion tube repair.

(m) Special Flight Permit

    Special flight permits are permitted in accordance with 14 CFR
39.23 with the following limitation: Use of the heater is not
allowed.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Chicago 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. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (n)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) AMOCs approved for AD 81-09-09 (46 FR 24936, May 4, 1981)
are approved as AMOCs for this AD.

(o) Related Information

    (1) For more information about this AD, contact Chung-Der Young,
Aerospace Engineer, Chicago Aircraft Certification Office, FAA,
Small Airplane Directorate, 2300 East Devon Avenue, Des Plaines, IL
60018-4696; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER> email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Meggitt Control Systems, 3 Industrial Drive, Troy, Indiana 47588;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: www.stewart-warner.com. You may view
this referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.

    Issued in Kansas City, Missouri, on August 13, 2014.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2014-19729 Filed 8-19-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 231 (Monday, December 2, 2019)]
[Notices]
[Pages 66044-66046]
[FR Doc No: 2019-25969]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87623; File No. SR-NYSEArca-2019-84]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.37-
E To Specify in Exchange Rules the Exchange's Use of Data Feeds From
NYSE American LLC

November 25, 2019.
    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 November 15, 2019, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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 amend Rule 7.37-E to update the Exchange's
source of data feeds from NYSE American LLC (``NYSE American'') for
purposes of order handling, order execution, order routing, and
regulatory compliance. The proposed rule change is available on the
Exchange's website at www.nyse.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 those 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 parts 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 update and amend the use of data feeds
table in Rule 7.37-E, which sets forth on a market-by-market basis the
specific securities information processor and proprietary data feeds
that the Exchange utilizes for the handling, execution, and routing of
orders, and for performing the regulatory compliance checks related to
each of those functions. Specifically, the table would be amended to
reflect that the Exchange will receive a direct feed from NYSE American
as its primary source of data for order handling, order execution,
order routing, and regulatory compliance.
    Rule 7.37-E currently provides that the Exchange will utilize the
securities information processor (``SIP'') data feed as its primary
source for the handling, execution, and routing of orders, as well as
for regulatory compliance. In connection with NYSE American's
elimination of its delay mechanism,\3\ the Exchange will begin using a
direct feed from NYSE American as its primary data feed. To reflect
this change, the Exchange proposes to amend the table in Rule 7.37-E(d)
to specify that it will use a direct feed from NYSE American, rather
than the SIP data feed, as the primary source for that market, and that
the Exchange would use the SIP data feed as a secondary source for that
market.
---------------------------------------------------------------------------

    \3\ See SR-NYSEAmer-2019-48 (NYSE American proposal to eliminate
its delay mechanism, which was filed on November 4, 2019).
---------------------------------------------------------------------------

    The Exchange will implement this change on the same date that NYSE
American eliminates its delay mechanism, which, subject to
effectiveness of proposed rule changes, will be implemented in November
2019. The Exchange will announce this date via Trader Update.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\4\ in general, and
furthers the objectives of Section 6(b)(5),\5\ in particular, because
it is 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 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. The Exchange believes its proposal
to amend the table in Rule 7.37-E(d) to update the data feed source for
NYSE American will ensure that Rule 7.37-E correctly identifies and
publicly states on a market-by-market basis all of the specific
securities information processor and proprietary data feeds that the
Exchange utilizes for the handling, execution, and routing of orders,
and for performing the regulatory compliance checks for each of those
functions. The proposed rule change also removes impediments to and
perfects the mechanism of a free and open market and protects investors
and the public interest by providing additional specificity, clarity,
and transparency in the Exchange's rules.
---------------------------------------------------------------------------

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

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

    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 proposed change is not
designed to address any competitive issue, but rather would provide the
public and investors with up-to-date information about which data feeds
the Exchange uses for the handling, execution, and routing of orders,
as well as for regulatory compliance.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

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

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \8\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\9\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately. The Exchange states that
such waiver is consistent with the protection of investors and the
public interest because NYSE American intends to eliminate the above-
described delay mechanism in fewer than 30 days, and thus, the Exchange
believes that waiver of the operative delay would allow NYSE Arca to
immediately provide enhanced transparency in its rules regarding the
data feed it intends to utilize for NYSE American, once NYSE American
eliminates its delay mechanism. Based on the foregoing, the Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest in that is allows the
Exchange to begin using the direct data feed from NYSE American at the
same time that NYSE American eliminates its delay mechanism. For this
reason, the Commission hereby waives the 30-day operative delay and
designates the proposal operative upon filing.\10\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
    \10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. 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-NYSEArca-2019-84 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2019-84. 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 offices of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2019-84, and should be
submitted on or before December 23, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12), (59).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-25969 Filed 11-29-19; 8:45 am]
 BILLING CODE 8011-01-P