[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Rules and Regulations]
[Pages 40485-40487]
[FR Doc No: 2016-14198]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-4812; Directorate Identifier 2015-NM-034-AD;
Amendment 39-18560; AD 2016-12-11]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 787-8 airplanes. This AD was prompted by a
report that certain center and outboard stowage bin modules were
incorrectly installed. This AD requires an inspection of the center and
outboard stowage bin modules for missing parts, quick release pins that
are not fully engaged, and parts that are installed in incorrect
locations; and corrective actions if necessary. We are issuing this AD
to detect and correct incorrectly installed center and outboard stowage
bin modules that might not remain intact during an emergency landing,
resulting in injuries to occupants and interference with airplane
evacuation.

DATES: This AD is effective July 27, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 27,
2016.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
4812.

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-2015-
4812; 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 regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket 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: Stanley Chen, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 787-8 airplanes. The NPRM published in the Federal Register on
November 17, 2015 (80 FR 71745), (``the NPRM''). The NPRM was prompted
by a report that certain center and outboard stowage bin modules were
incorrectly installed. The NPRM proposed to require an inspection of
the center and outboard stowage bin modules for missing parts, quick
release pins that are not fully engaged, and parts that are installed
in incorrect locations; and corrective actions if necessary. We are
issuing this AD to detect and correct incorrectly installed center and
outboard stowage bin modules that might not remain intact during an
emergency landing, resulting in injuries to occupants and interference
with airplane evacuation.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the NPRM and
the FAA's response to that comment.

Request To Include Additional Illustrations in Service Information

    United Airlines stated that it would be helpful if the service
information provided examples (illustrations or descriptions) of
incorrectly installed parts that required removal. We infer that the
commenter is requesting a revision to the service information to
include examples of incorrectly installed parts.
    We disagree with the commenter's request. We consider that it would
be potentially confusing to show examples of possible incorrect part
installations. We have determined that the service information should
provide detailed illustrations of proper installation configurations. A
general description of the incorrect installations is provided. We have
not changed this final rule regarding this issue.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this AD as proposed, except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and

     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Boeing service information. This service
information describes procedures for inspecting the installation of the
center and outboard stowage bin modules and doing corrective actions.
     Boeing Alert Service Bulletin B787-81205-SB250036-00,
Issue 001, dated September 10, 2013.
     Boeing Alert Service Bulletin B787-81205-SB250039-00,
Issue 001, dated October 8, 2013.
     Boeing Alert Service Bulletin B787-81205-SB250040-00,
Issue 001, dated October 14, 2013.
     Boeing Alert Service Bulletin B787-81205-SB250041-00,
Issue 001, dated October 18, 2013.
     Boeing Alert Service Bulletin B787-81205-SB250042-00,
Issue 001, dated October 28, 2013.
     Boeing Alert Service Bulletin B787-81205-SB250043-00,
Issue 001, dated November 4, 2013.
     Boeing Alert Service Bulletin B787-81205-SB250044-00,
Issue 001, dated November 8, 2013.
     Boeing Alert Service Bulletin B787-81205-SB250045-00,
Issue 001, dated November 15, 2013.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 6 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
              Action                         Labor cost             Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection........................  222 work-hours x $85 per                  $0         $18,870        $113,220
                                     hour = $18,870.
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    We estimate the following costs to do any necessary replacements
that will be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need these
replacements.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
             Action                       Labor cost                 Parts cost             Cost per  product
----------------------------------------------------------------------------------------------------------------
Replacement.....................  20 work-hours x $85 per     Up to $21,191...........  Up to $22,891.
                                   hour = $1,700.
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    According to the manufacturer, all of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2016-12-11 The Boeing Company: Amendment 39-18560; Docket No. FAA-
2015-4812; Directorate Identifier 2015-NM-034-AD.

(a) Effective Date

    This AD is effective July 27, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to certain The Boeing Company Model 787-8
airplanes, certificated in any category, identified in the service
information specified in paragraphs (c)(1) through (c)(8) of this
AD.

    (1) Boeing Alert Service Bulletin B787-81205-SB250036-00, Issue
001, dated September 10, 2013.
    (2) Boeing Alert Service Bulletin B787-81205-SB250039-00, Issue
001, dated October 8, 2013.
    (3) Boeing Alert Service Bulletin B787-81205-SB250040-00, Issue
001, dated October 14, 2013.
    (4) Boeing Alert Service Bulletin B787-81205-SB250041-00, Issue
001, dated October 18, 2013.
    (5) Boeing Alert Service Bulletin B787-81205-SB250042-00, Issue
001, dated October 28, 2013.
    (6) Boeing Alert Service Bulletin B787-81205-SB250043-00, Issue
001, dated November 4, 2013.
    (7) Boeing Alert Service Bulletin B787-81205-SB250044-00, Issue
001, dated November 8, 2013.
    (8) Boeing Alert Service Bulletin B787-81205-SB250045-00, Issue
001, dated November 15, 2013.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Unsafe Condition

    This AD was prompted by a report that certain center and
outboard stowage bin modules were incorrectly installed. We are
issuing this AD to detect and correct incorrectly installed center
and outboard stowage bin modules that might not remain intact during
an emergency landing, resulting in injuries to occupants and
interference with airplane evacuation.

(f) Compliance

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

(g) Inspection and Corrective Action

    Except as specified in paragraph (h) of this AD, at the
applicable time specified in paragraph 5., ``Compliance,'' of the
applicable service information specified in paragraphs (g)(1)
through (g)(8) of this AD: Do a general visual inspection of the
installations of the center and outboard stowage bin modules to
determine if any part is missing, if any part is installed at an
incorrect location, or if any quick release pin is not fully
engaged; and do all applicable corrective actions; in accordance
with the Accomplishment Instructions of the applicable service
information identified in paragraphs (g)(1) through (g)(8) of this
AD. Do all applicable corrective actions before further flight.
    (1) For airplanes having variable numbers (V/Ns) ZA177 through
ZA183 inclusive: Use Boeing Alert Service Bulletin B787-81205-
SB250036-00, Issue 001, dated September 10, 2013.
    (2) For airplanes having V/Ns ZA100 through ZA105 inclusive, V/
Ns ZA116 through ZA119 inclusive, V/N ZA135, and V/Ns ZA506 through
ZA511 inclusive: Use Boeing Alert Service Bulletin B787-81205-
SB250039-00, Issue 001, dated October 8, 2013.
    (3) For airplanes having V/Ns ZA460 through ZA464 inclusive: Use
Boeing Alert Service Bulletin B787-81205-SB250040-00, Issue 001,
dated October 14, 2013.
    (4) For airplanes having V/N ZA233 and V/Ns ZA236 through ZA240
inclusive: Use Boeing Alert Service Bulletin B787-81205-SB250041-00,
Issue 001, dated October 18, 2013.
    (5) For airplanes having V/Ns ZA285 through ZA290 inclusive: Use
Boeing Alert Service Bulletin B787-81205-SB250042-00, Issue 001,
dated October 28, 2013.
    (6) For airplanes having V/Ns ZA270 through ZA271 inclusive: Use
Boeing Alert Service Bulletin B787-81205-SB250043-00, Issue 001,
dated November 4, 2013.
    (7) For airplanes having V/Ns ZA261 through ZA264 inclusive: Use
Boeing Alert Service Bulletin B787-81205-SB250044-00, Issue 001,
dated November 8, 2013.
    (8) For airplanes having V/Ns ZA536 through ZA538 inclusive: Use
Boeing Alert Service Bulletin B787-81205-SB250045-00, Issue 001,
dated November 15, 2013.

(h) Exceptions to Service Information Specifications

    Where the service information identified in paragraphs (g)(1)
through (g)(8) of this AD specifies a compliance time ``after the
original issue date of this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. 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 (j) of this AD.
Information may be emailed 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.

(j) Related Information

    For more information about this AD, contact Stanley Chen,
Aerospace Engineer, Cabin Safety and Environmental Systems Branch,
ANM-150S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(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) Boeing Alert Service Bulletin B787-81205-SB250036-00, Issue
001, dated September 10, 2013.
    (ii) Boeing Alert Service Bulletin B787-81205-SB250039-00, Issue
001, dated October 8, 2013.
    (iii) Boeing Alert Service Bulletin B787-81205-SB250040-00,
Issue 001, dated October 14, 2013.
    (iv) Boeing Alert Service Bulletin B787-81205-SB250041-00, Issue
001, dated October 18, 2013.
    (v) Boeing Alert Service Bulletin B787-81205-SB250042-00, Issue
001, dated October 28, 2013.
    (vi) Boeing Alert Service Bulletin B787-81205-SB250043-00, Issue
001, dated November 4, 2013.
    (vii) Boeing Alert Service Bulletin B787-81205-SB250044-00,
Issue 001, dated November 8, 2013.
    (viii) Boeing Alert Service Bulletin B787-81205-SB250045-00,
Issue 001, dated November 15, 2013.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425 227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 3, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-14198 Filed 6-21-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Notices]
[Pages 52684-52686]
[FR Doc No: 2016-18873]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2015-0224; FRL-9950-43-OAR]

California State Nonroad Engine Pollution Control Standards;
Evaporative Emission Standards and Test Procedures for Off-Highway
Recreational Vehicles (OHRVs); Request for Authorization; Opportunity
for Public Hearing and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of opportunity for public hearing and comment.

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SUMMARY: The California Air Resources Board (CARB) has notified EPA
that it has adopted amendments to its off-highway recreational vehicles
(ORVR) regulation that establish new evaporative emission standards and
associated test procedures for 2018 and subsequent model year OHRVs
(OHRV Evaporative Emission Amendments). By letter dated February 26,
2016, CARB asked that EPA authorize these amendments pursuant to
section 209(e) of the Clean Air Act. This notice announces that EPA has
tentatively scheduled a public hearing to consider California's
authorization request and that EPA is now accepting written comment on
the request.

DATES: EPA has tentatively scheduled a public hearing concerning CARB's
request on September 28, 2016. at 10 a.m. EPA will hold a hearing only
if any party notifies EPA by September 21, 2016 to express interest in
presenting the Agency with oral testimony. Parties wishing to present
oral testimony at the public hearing should provide written notice to
David Dickinson at the email address noted below. If EPA receives a
request for a public hearing, that hearing will be held at the William
Jefferson Clinton Building (North), Room 5528 at 1200 Pennsylvania Ave.
NW., Washington, DC 20460. If EPA does not receive a request for a
public hearing, then EPA will not hold a hearing, and instead will
consider CARB's request based on written submissions to the docket. Any
party may submit written comments until November 1, 2016.
    Any person who wishes to know whether a hearing will be held may
call David Dickinson at<PHONE_NUMBER> on or after September 21, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2016-0181, by one of the following methods:
     Online at: http://www.regulations.gov: Follow the Online
Instructions for Submitting Comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2016-0181, U.S. Environmental Protection Agency, Mail code: 6102T, 1200
Pennsylvania Avenue NW., Washington, DC 20460. Please include a total
of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Online Instructions for Submitting Comments: Direct your comments
to Docket ID No. EPA-HQ-OAR-2016-0181. EPA's policy is that all
comments we receive will be included in the public docket without
change and may be made available online at http://www.regulations.gov,
including any personal information provided, unless the comment
includes information claimed to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI or otherwise
protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through http://www.regulations.gov, your
email address will automatically be captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    EPA will make available for public inspection materials submitted
by CARB, written comments received from any interested parties, and any
testimony given at the public hearing. Materials relevant to this
proceeding are contained in the Air and Radiation Docket and
Information Center, maintained in Docket ID No. EPA-HQ-OAR-2016-0181.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at the Air and
Radiation Docket in the EPA Headquarters Library, EPA West Building,
Room 3334, located at 1301 Constitution Avenue NW., Washington, DC. The
Public Reading Room is open to the public on all federal government
work days from 8:30 a.m. to 4:30 p.m.; generally, it is open Monday
through Friday, excluding holidays. The telephone number for the
Reading Room is<PHONE_NUMBER>. The Air and Radiation Docket and
Information Center's Web site is http://www.epa.gov/oar/docket.html.
The electronic mail (email) address for the Air and Radiation Docket
is<EMAIL_ADDRESS>the telephone number is<PHONE_NUMBER>, and
the fax number is<PHONE_NUMBER>. An electronic version of the public
docket is available through the federal government's electronic public
docket and comment system. You may access EPA dockets at http://www.regulations.gov. After opening the http://www.regulations.gov Web
site, enter, in the ``Enter Keyword or ID'' fill-in box to view
documents in the record. Although a part of the official docket, the
public docket does not include Confidential Business Information
(``CBI'') or other information whose disclosure is restricted by
statute.

FOR FURTHER INFORMATION CONTACT: David Dickinson (6405J), Office of
Transportation and Air Quality, U.S. Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460. Telephone: (202) 343-
9256. Fax:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

(A) CARB's Authorization Request for Its OHRV Evaporative Emission
Amendments

    The California OHRV category encompasses a wide variety of
vehicles, including off-road motorcycles, all-terrain vehicles (ATVs),
off-road sport and utility vehicles, sand cars, and golf carts. CARB's
OHRV Evaporative

Emission Amendments establish a new test procedure and evaporative
emission standard of 1.0 gram per day (g/day) of total organic gas
(TOG) for a 3-day diurnal period, which may be achieved utilizing the
available evaporative emissions technology currently used in the on-
road sector.
    By letter dated February 26, 2016, CARB submitted a request to EPA
pursuant to section 209(e) of the Clean Air Act (CAA or the Act) for
authorization for the OHRV Evaporative Emission Amendments.

(B) Clean Air Act Nonroad Engine and Vehicle Authorizations

    Section 209(e)(1) of the CAA prohibits states and local governments
from adopting or attempting to enforce any standard or requirement
relating to the control of emissions from certain types of new nonroad
vehicles or engines. The Act also preempts states from adopting and
enforcing standards and other requirements related to the control of
emissions from other types of new nonroad vehicles or engines as well
as non-new nonroad engines or vehicles. Section 209(e)(2), however,
requires the Administrator, after notice and opportunity for public
hearing, to authorize California to adopt and enforce standards and
other requirements relating to the control of emissions from such
preempted vehicles or engines if California determines that California
standards will be, in the aggregate, at least as protective of public
health and welfare as applicable Federal standards. However, EPA shall
not grant such authorization if it finds that (1) the determination of
California is arbitrary and capricious; (2) California does not need
such California standards to meet compelling and extraordinary
conditions; or (3) California standards and accompanying enforcement
procedures are not consistent with [CAA section 209]. In addition,
other states with air quality attainment plans may adopt and enforce
such regulations if the standards and the implementation and
enforcement procedures are identical to California's standards. On July
20, 1994, EPA promulgated a rule that sets forth, among other things,
regulations providing the criteria, as found in section 209(e)(2),
which EPA must consider before granting any California authorization
request for new nonroad engine or vehicle emission standards.\1\ EPA
revised these regulations in 1997.\2\ As stated in the preamble to the
1994 rule, EPA has historically interpreted the section
209(e)(2)(A)(iii) ``consistency'' inquiry to require, at minimum, that
California standards and enforcement procedures be consistent with
section 209(a), section 209(e)(1), and section 209(b)(1)(C) (as EPA has
interpreted that subsection in the context of section 209(b) motor
vehicle waivers).\3\
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    \1\ 59 FR 36969 (July 20, 1994).
    \2\ 62 FR 67733 (December 30, 1997). The applicable regulations,
now in 40 CFR part 1074, subpart B, Sec.  1074.105, provide:
    (a) The Administrator will grant the authorization if California
determines that its standards will be, in the aggregate, at least as
protective of public health and welfare as otherwise applicable
federal standards.
    (b) The authorization will not be granted if the Administrator
finds that any of the following are true:
    (1) California's determination is arbitrary and capricious.
    (2) California does not need such standards to meet compelling
and extraordinary conditions.
    (3) The California standards and accompanying enforcement
procedures are not consistent with section 209 of the Act.
    (c) In considering any request to authorize California to adopt
or enforce standards or other requirements relating to the control
of emissions from new nonroad spark-ignition engines smaller than 50
horsepower, the Administrator will give appropriate consideration to
safety factors (including the potential increased risk of burn or
fire) associated with compliance with the California standard.
    \3\ 59 FR 36969 (July 20, 1994).
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    In order to be consistent with section 209(a), California's nonroad
standards and enforcement procedures must not apply to new motor
vehicles or new motor vehicle engines. To be consistent with section
209(e)(1), California's nonroad standards and enforcement procedures
must not attempt to regulate engine categories that are permanently
preempted from state regulation. To determine consistency with section
209(b)(1)(C), EPA typically reviews nonroad authorization requests
under the same ``consistency'' criteria that are applied to motor
vehicle waiver requests. Pursuant to section 209(b)(1)(C), the
Administrator shall not grant California a motor vehicle waiver if she
finds that California ``standards and accompanying enforcement
procedures are not consistent with [section 202(a)]'' of the Act.
Previous decisions granting waivers and authorizations have noted that
state standards and enforcement procedures are inconsistent with
section 202(a) if: (1) There is inadequate lead time to permit the
development of the necessary technology giving appropriate
consideration to the cost of compliance within that time, or (2) the
federal and state testing procedures impose inconsistent certification
requirements.\4\
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    \4\ Id. See also 78 FR 58090, 58092 (September 20, 2013).
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    In considering whether to grant authorizations for accompanying
enforcement procedures tied to standards for which an authorization has
already been granted, EPA addresses questions as to whether the
enforcement procedures undermine California's determination that its
standards are as protective of public health and welfare as applicable
federal standards, and whether the enforcement procedures are
consistent with section 202(a).\5\
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    \5\ See CAA section 209(e)(2)(A)(i) and (iii), 42 U.S.C.
7543(e)(2)(A) (i) and (iii).
---------------------------------------------------------------------------

(C) EPA's Request for Comments

    EPA requests comment on whether the OHRV Evaporative Emission
Amendments meet the criteria for an authorization. Specifically, we
request comment on: (a) Whether CARB's determination that its
standards, in the aggregate, are at least as protective of public
health and welfare as applicable federal standards is arbitrary and
capricious; (b) whether California needs such standards to meet
compelling and extraordinary conditions; and (c) whether California's
standards and accompanying enforcement procedures are consistent with
section 209 of the Act.

Procedures for Public Participation

    If a hearing is held, the Agency will make a verbatim record of the
proceedings. Interested parties may arrange with the reporter at the
hearing to obtain a copy of the transcript at their own expense.
Regardless of whether a public hearing is held, EPA will keep the
record open until November 1, 2016. Upon expiration of the comment
period, the Administrator will render a decision on CARB's request
based on the record from the public hearing, if any, all relevant
written submissions, and other information that she deems pertinent.
All information will be available for inspection at the EPA Air Docket
No. EPA-HQ-OAR-2016-0181.
    Persons with comments containing proprietary information must
distinguish such information from other comments to the greatest extent
possible and label it as ``Confidential Business Information'' (CBI).
If a person making comments wants EPA to base its decision on a
submission labeled as CBI, then a non-confidential version of the
document that summarizes the key data or information should be
submitted to the public docket. To ensure that proprietary information
is not

inadvertently placed in the public docket, submissions containing such
information should be sent directly to the contact person listed above
and not to the public docket. Information covered by a claim of
confidentiality will be disclosed by EPA only to the extent allowed,
and according to the procedures set forth in 40 CFR part 2. If no claim
of confidentiality accompanies the submission when EPA receives it, EPA
will make it available to the public without further notice to the
person making comments.

    Dated: August 3, 2016.
Christopher Grundler,
Director, Office of Transportation and Air Quality, Office of Air and
Radiation.
[FR Doc. 2016-18873 Filed 8-8-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Proposed Rules]
[Page 47351]
[FR Doc No: 2012-19406]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 152, 158 and 161

[EPA-HQ-OPP-2010-0427; FRL-9357-9]
RIN 2070-AJ26

Notification of Submission to the Secretaries of Agriculture and
Health and Human Services; Declaration of Prion as a Pest Under FIFRA;
Related Amendments; and Availability of Final Test Guidelines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of submission to the Secretaries of Agriculture
and Health and Human Services.

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SUMMARY: This document notifies the public as required by the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA
Administrator has forwarded to the Secretary of the United States
Department of Agriculture (USDA) and the Secretary of the United States
Department of Health and Human Services (HHS) a draft regulatory
document concerning Declaration of Prion as a Pest Under FIFRA; Related
Amendments; and Availability of Final Test Guidelines. The draft
regulatory document is not available to the public until after it has
been signed and made available by EPA.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2010-0427, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Jeff Kempter, Antimicrobials Division,
7510P, Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    Section 25(a)(2)(B) of FIFRA requires the EPA Administrator to
provide the Secretary of USDA with a copy of any draft final rule at
least 30 days before signing it in final form for publication in the
Federal Register. Similarly, FIFRA section 21(b) requires the EPA
Administrator to provide the Secretary of HHS with a copy of any draft
final rule pertaining to a public health pesticide at least 30 days
before publishing it in the Federal Register. The draft final rule is
not available to the public until after it has been signed by EPA. If
either Secretary comments in writing regarding the draft final rule
within 15 days after receiving it, the EPA Administrator shall include
the comments of the Secretary, if requested by the Secretary, and the
EPA Administrator's response to those comments with the final rule that
publishes in the Federal Register. If either Secretary does not comment
in writing within 15 days after receiving the draft final rule, the EPA
Administrator may sign the final rule for publication in the Federal
Register any time after the 15-day period.

II. Do any statutory and Executive order reviews apply to this
notification?

    No. This document is merely a notification of submission to the
Secretaries of USDA and HHS. As such, none of the regulatory assessment
requirements apply to this document.

List of Subjects in Parts 152, 158 and 161

    Environmental protection, administrative practice and procedures,
agricultural commodities, pesticides and pests, reporting and
recordkeeping requirements, chemical testing, test guidelines.

    Dated: August 2, 2012.
Martha Morell,
Acting Director, Office of Pesticide Programs.
[FR Doc. 2012-19406 Filed 8-7-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 112 (Wednesday, June 11, 2014)]
[Notices]
[Pages 33547-33548]
[FR Doc No: 2014-13625]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2014-0295, FRL-9911-78-OSWER]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Hazardous Waste Generator Standards

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), Hazardous Waste Generator
Standards (Renewal) (EPA ICR No. 0820.13, OMB Control No. 2050-0035) to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Before doing so, EPA is soliciting public comments on specific aspects
of the proposed information collection as described below. This is a
proposed extension of the ICR, which is currently approved through
October 31, 2014. An Agency may not conduct or sponsor and a person is
not required to respond to a collection of information unless it
displays a currently valid OMB control number.

DATES: Comments must be submitted on or before August 11, 2014.

ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
RCRA-2014-0295, online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Jim O'Leary, Office of Solid Waste,
Mail Code 5304P, U.S. Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (703)
308-8827; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: Under the Resource Conservation and Recovery Act (RCRA),
as amended, Congress directed EPA to implement a comprehensive program
for the safe management of hazardous waste. The core of the national
waste management program is the regulation of hazardous waste from
generation to transport to treatment and eventual disposal, or from
``cradle to grave.'' Section 3001(d) of RCRA requires EPA to develop
standards for small quantity generators. Section 3002 of RCRA states,
among other things, that EPA shall establish requirements for hazardous
waste generators regarding recordkeeping practices. Section 3002 also
requires EPA to establish standards on appropriate use of containers by
generators. Finally, Section 3017 of RCRA specifies requirements for
individuals exporting hazardous waste from the United States, including
a notification of the intent to export, and an annual report
summarizing the types, quantities, frequency, and ultimate destination
of all exported hazardous waste.
    This ICR addresses the following categories of informational
requirements in part 262: Pre-transport requirements for both large
(LQG) and small (SQG) quantity generators; storage requirements in
tanks, containment buildings and drip pads; air emission standards
requirements for LQGs (referenced in 40 CFR Part 265, Subparts AA and
BB); recordkeeping and reporting requirements for LQGs and SQGs; and
export requirements for LQGs and SQGs (i.e., notification of intent to
export and annual reporting). This collection of information is
necessary to help generators and EPA: (1) Identify and understand the
waste streams being generated and the hazards associated with them; (2)
determine whether employees have acquired the necessary expertise to
perform their

jobs; and (3) determine whether LQGs have developed adequate procedures
to respond to unplanned sudden or non-sudden releases of hazardous
waste or hazardous constituents to air, soil, or surface water. This
information is also needed to help EPA determine whether tank systems
are operated in a manner that is fully protective of human health and
the environment and to ensure that releases to the environment are
managed quickly and efficiently. Additionally, this information
contributes to EPA's goal of preventing contamination of the
environment from hazardous waste accumulation practices, including
contamination from equipment leaks and process vents. Export
information is needed to ensure that: (1) Foreign governments consent
to U.S. exported wastes; (2) exported waste is actually managed at
facilities listed in the original notifications; and (3) documents are
available for compliance audits and enforcement actions.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are private business or other for-profit.
    Respondent's obligation to respond: mandatory (40 CFR Part 262 and
265).
    Estimated number of respondents: 90,675.
    Frequency of response: Occasionally and biennially.
    Total estimated burden: 275,842 Burden is defined at 5 CFR
1320.03(b).
    Total estimated cost: $15,046,505, which includes $14,991,809
annualized labor costs and $54,696 annualized capital or O&M costs.
    Changes in Estimates: The burden hours are likely to stay
substantially the same.

    Dated: May 2, 2014.
Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2014-13625 Filed 6-10-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Rules and Regulations]
[Pages 64247-64248]
[FR Doc No: 2018-26796]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0007; Airspace Docket No. 17-AWP-18]
RIN 2120-AA66

Amendment of Class E Airspace; Mesquite, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace extending upward from
700 feet above the surface at Mesquite Airport, Mesquite, NV, by
enlarging the area southwest of the airport and updating the airport's
geographic coordinates to match the FAA's aeronautical database. These
changes are necessary to accommodate new area navigation (RNAV)
procedures at this airport.

DATES: Effective 0901 UTC, February 28, 2019. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, call
(202) 741-6030, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Bonnie Malgarini, Federal Aviation
Administration, Operations Support Group, Western Service Center, 2200
S 216th Street, Des Moines, WA 98198-6547; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. 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
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies Class E airspace extending upward from 700 feet above
the surface at Mesquite Airport, Mesquite, NV, by enlarging the area
southwest of the airport and updating the airport's geographic
coordinates to match the FAA's aeronautical database. These changes are
necessary to accommodate new RNAV procedures at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 11443; March 15, 2018) for Docket No. FAA-2018-0007 to
modify Class E airspace extending upward from 700 feet above the
surface at Mesquite Airport, Mesquite, NV. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 modifies Class E airspace extending upward from 700 feet above
the surface at Mesquite Airport, Mesquite, NV, by enlarging the area
southwest of the airport and updating the airport's geographic
coordinates to match the FAA's aeronautical database. These changes are
necessary to accommodate new area navigation (RNAV) procedures at this
airport.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (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 only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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 part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 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 FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AWP NV E5 Mesquite, NV [Amended]

Mesquite Airport, NV
    (Lat. 36[deg]49'59'' N, long. 114[deg]03'21'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Mesquite Airport and within 2.5 miles
northwest and 5.5 miles southeast of the airport 233[deg] bearing
extending from the airport to 10 miles southwest of the airport.

    Issued in Seattle, Washington, on November 30, 2018.
Shawn M. Kozica,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-26796 Filed 12-13-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30923-30925]
[FR Doc No: 2017-13902]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81034; File No. SR-ISE-2017-58]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Specify an
Exception to the Manner in Which Market Maker Immediate-or-Cancel
Orders Will Be Handled

June 27, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'')\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 19, 2017, Nasdaq, ISE LLC (``ISE'' 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 ISE Rule 715(b)(3) to specify an
exception to the manner in which Immediate-or-Cancel Orders will be
handled by the System when entered through the Specialized Quote Feed
\3\ (``SQF'') protocol.
---------------------------------------------------------------------------

    \3\ SQF is an interface that allows Market Makers to connect and
send quotes, Immediate-or-Cancel Orders and auction responses into
ISE.
---------------------------------------------------------------------------

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

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

1. Purpose
    The Exchange is proposing to amend ISE Rule 715(b)(3) to specify
the manner in which an Immediate-or-Cancel Order will interact with
certain order protections when entered through SQF. An Immediate-or-
Cancel Order is defined as a limit order that is to be executed in
whole or in part upon receipt. Any portion not so executed is to be
treated as cancelled.\4\ SQF is an interface that is being introduced
with the technology migration to a Nasdaq, Inc. (``Nasdaq'') supported
architecture.\5\ Today, Members may enter orders through FIX, DTI or
Nasdaq Precise on ISE. After the migration to the INET architecture,
Members will continue to be able to submit orders through FIX or Nasdaq
Precise, as is the case today, and OTTO will also be available to enter
orders. SQF will be available for Market Makers \6\ to enter quotes and
also Immediate-or-Cancel Orders. DTI will no longer be available.
---------------------------------------------------------------------------

    \4\ See ISE Rule 715(b)(3). Immediate-or-Cancel Orders do not
route.
    \5\ See Securities Exchange Act Release No. 80432 (April 11,
2017 (SR-ISE-2017-03) (Order Approving Proposed Rule Change, as
Modified by Amendment No. 1, to Amend Various Rules in Connection
with a System Migration to Nasdaq INET Technology). INET is the
proprietary core technology utilized across Nasdaq's global markets
and utilized on The NASDAQ Options Market LLC (``NOM''), NASDAQ PHLX
LLC (``Phlx'') and NASDAQ BX, Inc. (``BX'') (collectively, ``Nasdaq
Exchanges''). The migration of ISE to the Nasdaq INET architecture
would result in higher performance, scalability, and more robust
architecture. With this system migration, the Exchange intends to
adopt certain trading functionality currently utilized at Nasdaq
Exchanges. The functionality being adopted is described in this
filing.
    \6\ The term ``market makers'' refers to ``Competitive Market
Makers'' and ``Primary Market Makers'' collectively. See ISE Rule
100(a)(25).
---------------------------------------------------------------------------

    With the introduction of SQF, the Exchange proposes to amend ISE
Rule 715(b)(3) to state that an Immediate-or-Cancel order entered by a
Market Maker through SQF will not be subject to the (i) Limit Order
Price Protection and Size Limitation Protection as defined in ISE Rule
714(b)(2) and (3); or (ii) Limit Order Price Protection as defined in
Supplementary Material .07(d) to ISE Rule 722. All other Immediate-or-
Cancel Orders entered through FIX, OTTO or Nasdaq Precise will continue
to be subject to these protections.
    ISE Rule 714, entitled ``Automatic Execution of Orders,'' contains
a section (b)(2) and (3) which applies to order protections that are
automatically enforced by the System. The Limit Order Price Protection
sets a limit on the amount by which incoming limit orders to buy may be
priced above the Exchange's best offer and by which incoming limit
orders to sell may be priced below the Exchange's best bid. Limit
orders that exceed the pricing limit are rejected.\7\ Immediate-or-
Cancel Orders entered through SQF will not be subject to the Limit
Order Price Protection provided in ISE Rule 714(b)(2).
---------------------------------------------------------------------------

    \7\ The limit is established by the Exchange from time-to-time
for orders to buy (sell) as the greater of the Exchange's best offer
(bid) plus (minus): (i) An absolute amount not to exceed $2.00, or
(ii) a percentage of the Exchange's best bid/offer not to exceed
10%. See ISE Rule 714(b)(2).
---------------------------------------------------------------------------

    ISE Rule 714(b)(3) provides a protection for size limitation. The
System limits the number of contracts an incoming order may specify.
Orders that exceed the maximum number of contracts are rejected.\8\
Immediate-or-Cancel Orders entered through SQF will not be subject to
this size limitation protection provided in ISE Rule 714(b)(3).\9\
---------------------------------------------------------------------------

    \8\ The maximum number of contracts, which shall not be less
than 10,000, is established by the Exchange from time-to-time. See
ISE Rule 714(b)(3).
    \9\ The Exchange notes that the protection for size limitation
will be applied to Complex Immediate-or-Cancel Orders that are
entered through SQF.
---------------------------------------------------------------------------

    Supplementary Material .07(d) to ISE Rule 722 provides for a Limit
Order Price Protection for Complex Orders. This protection limits the
amount by which the net price of an incoming complex limit order to buy
may exceed the net price available from the individual options series
on the Exchange and by which the net price of

an incoming complex limit order to sell may be below the net price
available from the individual options series on the Exchange. Limit
orders that exceed the pricing limit are rejected.\10\ Immediate-or-
Cancel Orders entered through SQF will not be subject to the Limit
Order Protection provided in Supplementary Material .07(d) to ISE Rule
722.
---------------------------------------------------------------------------

    \10\ The limit is established by the Exchange from time-to-time
for complex orders to buy (sell) as the greater of the net price
available from the individual options series on the Exchange plus
(minus): (i) An absolute amount not to exceed $2.00, or (ii) a
percentage of the net price available from the individual options
series on the Exchange not to exceed 10%. This limit order price
protection applies only to orders and does not apply to quotes.
---------------------------------------------------------------------------

Implementation
    The Exchange intends to begin implementation of the proposed rule
change in Q2 2017. The ISE migration will be on a symbol by symbol
basis as specified in alert to Members that was issued by the Exchange
in the form of an Options Trader Alert.\11\ The alert provides the
dates that symbols will migrate to INET.
---------------------------------------------------------------------------

    \11\ See Options Trader Alert #2017-40.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\12\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\13\ 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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    With the adoption of the SQF protocol on INET, the Exchange will
offer Market Makers the ability to expeditiously submit Immediate-or-
Cancel orders through SQF, without having to involve a different
protocol and method of entry such as FIX, OTTO or Nasdaq Precise. With
the ability for Market Makers to utilize the SQF protocol to enter
Immediate-or-Cancel Orders, in addition to having the ability to enter
Immediate-or-Cancel Orders on FIX, OTTO or Nasdaq Precise, similar to
other market participants, Market Makers may submit Immediate-or-Cancel
Orders into SQF allowing them to manage risk utilizing a single
protocol, SQF.
    Unlike other market participants, Market Makers are required to
provide liquidity to the market and are subject to certain obligations,
including a requirement to provide continuous two-sided quotes on a
daily basis.\14\ Market Makers use Immediate-or-Cancel Orders to trade
out of accumulated positions and manage their risk when providing
liquidity on the Exchange. Proper risk management, including using
these Immediate-or-Cancel Orders to offload risk, is vital for Market
Makers, and allows them to maintain tight markets and meet their
quoting and other obligations to the market. The Exchange believes that
allowing Market Makers to submit Immediate-or-Cancel Orders though
their preferred protocol will increase their efficiency in submitting
such orders and thereby allow them to maintain quality markets to the
benefit of all market participants that trade on the Exchange.
---------------------------------------------------------------------------

    \14\ See ISE Rule 804(e).
---------------------------------------------------------------------------

    Miami International Securities Exchange LLC (``MIAX'') utilizes its
MIAX Express Interface (MEI), a quoting interface, for market makers to
enter immediate-or-cancel orders.\15\ Specifically, MIAX noted in its
Application for Registration as a National Securities Exchange, ``. . .
MIAX would allow market makers to use a variety of quote types, some of
which would have a specific time in force and would be analogous to
orders (MIAX refers to such order types as ``eQuotes,'' and market
makers would be able to enter these orders through their quotation
infrastructure).'' \16\ Furthermore, MIAX's Price Protection on Non-
Market Maker Orders is not available for orders submitted by a Market
Maker.\17\ The Price Protection on Non-Market Maker Orders prevents an
order from being executed at a price beyond the price designated in the
order's price protection instructions, and is a similar protection to
the Exchange's Limit Order Price Protection. The Exchange similarly
believes that it is consistent with the Act to not apply certain
protections to Market Maker Immediate-or-Cancel Orders submitted
through SQF.
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    \15\ MIAX offers an eQuote, which is a quote with a specific
time in force that does not automatically cancel and replace a
previous Standard quote or eQuote. An eQuote can be cancelled by the
Market Maker at any time, or can be replaced by another eQuote that
contains specific instructions to cancel an existing eQuote. See
MIAX Rule 517(a)(2).
    \16\ See Securities Exchange Release Act No. 68341 (December 3,
2012), 77 FR 73065 (December 7, 2012) (File No. 10-207) (In the
Matter of the Application of Miami International Securities
Exchange, LLC for Registration as a National Securities Exchange:
Findings, Opinion, and Order of the Commission).
    \17\ See MIAX Rule 515(c)(1).
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    Market Makers handle a large amount of risk when quoting on ISE and
in addition to the risk protections required by the Exchange, Market-
Makers utilize their own risk management parameters when entering
orders, minimizing the likelihood of a Market Maker order resulting
from an error from being entered. The Exchange believes that Market
Makers, unlike other market participants, have the ability to manage
their risk when submitting Immediate-or-Cancel Orders through SQF and
should be permitted to elect this method of order entry to obtain
efficiency and speed of order entry, particularly in light of the
continuous quoting obligations the Exchange imposes on these
participants. If Market Makers desire the Limit Order Protections for
single leg and complex orders and the Size Limitation Protections for
single leg orders, they may utilize the FIX, OTTO or Nasdaq Precise
protocols for entering their orders. The Exchange notes that market
makers on NASDAQ Phlx LLC (``Phlx'') may enter Immediate-or-Cancel
Orders through SQF and are similarly not subject to certain risk
protections today.\18\ The Exchange represents that it will continue to
assess the risk protections that are applied to orders, including
Market Maker Immediate-or-Cancel Orders submitted through SQF, to
ensure that adequate risk protections are available to members that
trade on the Exchange. The Exchange will file to adopt additional risk
protections in the event that the Exchange determines that such
additional protections are appropriate in the interest of maintaining a
fair and orderly market.
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    \18\ See Securities and Exchange Release No. 76295 (October 29,
2015), 80 FR 68338 at 68339 (November 4, 2015) (SR-Phlx-2015-83)
(Phlx noted in footnote 8 that while SQF permits the receipt of
quotes, sweeps are not included for purposes of the Percentage Based
risk protection in Rule 1095(i)). Phlx Rule 1080(c)(iii)(B) provides
that, ``. . . Market Sweeps are processed on an immediate-or-cancel
basis, may not be routed, may be entered only at a single price, and
may not trade through away markets.''
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Market Makers handle a large
amount of risk when quoting on ISE and in addition to the risk
protections required by the Exchange, Market-Makers utilize their own
risk management parameters when entering orders, minimizing the
likelihood of a Market Maker order resulting from an error from being
entered. Market Makers also transact a large amount of orders on the
Exchange and bring liquidity to the market. Market Makers should be
permitted to elect this method of order entry to obtain efficiency and
speed of order entry, particularly in light of the

continuous quoting obligations the Exchange imposes on these members
that are not applicable to other market participants. The Exchange
therefore believes that this rule change will not impose an undue
burden on 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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \19\ and Rule 19b-4(f)(6) thereunder.\20\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \19\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \20\ 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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    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange has stated that it is requesting this waiver
because ISE intends to offer to Market Makers the functionality to
submit Immediate-or-Cancel Orders through SQF at the start of the INET
migration, even though the Limit Order Price Protections in ISE Rule
714(b)(2) and Supplementary Material .07(d) to ISE Rule 722 and the
Size Limitation Protection in ISE Rule 714(b)(3) would not apply to
those orders. The Exchange believes that Market Makers should be
permitted to elect this method of order entry to obtain efficiency and
speed of order entry, due to the continuous quoting obligations the
Exchange places on Market Makers, unlike other market participants.
Additionally the Exchange believes that Market Makers have the ability
to manage their own risk when submitting Immediate-or-Cancel Orders
through SQF. The Exchange represents that it will continue to assess
the risk protections that are applied to orders and will file to adopt
additional risk protections if it determines that such additional
protections are appropriate in the interest of maintaining a fair and
orderly market.
    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because this waiver will enable the Exchange to permit Market Makers to
utilize the SQF protocol to submit Immediate-or-Cancel Orders in the
symbols that have been migrated to INET, thereby allowing Market Makers
to manage their risk through a single protocol for entering orders and
quotations and comply with their continuous quoting requirements. The
Commission notes that Market Makers are sophisticated market
participants that have alternative methods to manage risk and that the
Exchange will continue to assess the need for additional risk
protections that may be appropriate, including for Immediate-or-Cancel
Orders submitted through SQF. For this reason, the Commission hereby
waives the 30-day operative delay requirement and designates the
proposed rule change as operative upon filing.\21\
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    \21\ 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).
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    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \22\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \22\ 15 U.S.C. 78s(b)(2)(B).
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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 email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2017-58 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2017-58. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such 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-ISE-2017-58, and should be
submitted on or before July 24, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-13902 Filed 6-30-17; 8:45 am]
 BILLING CODE 8011-01-P