[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Proposed Rules]
[Pages 45462-45465]
[FR Doc No: 2015-18533]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-2963; Directorate Identifier 2015-NM-016-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A319-131, -132, and -133 airplanes; Model A320-232 and -
233 airplanes; and Model A321-131, -231, and -232 airplanes. This
proposed AD was prompted by reports of forward engine mount attachment
pins that were manufactured from discrepant raw material. This proposed
AD would require identification and replacement of affected forward
engine mount attachment pins. We are proposing this AD to prevent
failure of a forward engine mount attachment pin, possible loss of an
engine in-flight, and consequent reduced controllability of the
airplane.

DATES: We must receive comments on this proposed AD by September 14,
2015.

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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For Airbus service information identified in this proposed AD,
contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email<EMAIL_ADDRESS>Internet
http://www.airbus.com. For Goodrich Aerostructures service information
identified in this proposed AD, contact UTC Aerospace Systems, ATTN:
Christopher Newth--V2500 A1/A5 Project Engineer, Aftermarket--
Aerostructures; 850 Lagoon Drive, Chula Vista, CA; telephone 619-498-
7505; email<EMAIL_ADDRESS>You may view this
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2963; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-2963;
Directorate Identifier 2015-NM-016-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,

economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2015-0004, dated January 13, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model
A319-131, -132, and -133 airplanes; Model A320-232 and -233 airplanes;
and Model A321-131, -231, and -232 airplanes. The MCAI states:

    A number of forward engine mount pins, Part Number (P/N) 740-
2022-501, intended for IAE V2500 series engines, have been reported
as non-compliant with the current certification requirements, due to
a quality issue during manufacturing of the raw material. It was
also determined that a batch of 88 affected pins are installed on
in-service aeroplanes fitted with forward engine mount P/N 745-2010-
503 and the serial numbers (s/n) of the affected pins and the
[manufacturer serial number] MSN of the related aeroplanes have been
identified.
    This condition, if not corrected, could lead to forward engine
mount pin failure, possibly resulting in in-flight loss of an engine
and consequent reduced control of the aeroplane.
    For the reasons described above, this [EASA] AD requires
identification of the affected forward engine mount pins and removal
from service [replacement] of those pins.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
2963.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-71-1064, dated November 5,
2014; and Goodrich Aerostructures has issued Service Bulletin V2500-
NAC-71-0323, dated September 18, 2014. The service information
describes procedures for an inspection to determine the serial number
of the attachment pins for the forward engine mount crossbeam to main
beam for each engine, and replacement of affected pins. 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 of this NPRM.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

Explanation of ``RC'' Procedures and Tests in Service Information

    The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(ARC), to enhance the AD system. One enhancement was a new process for
annotating which procedures and tests in the service information are
required for compliance with an AD. Differentiating these procedures
and tests from other tasks in the service information is expected to
improve an owner's/operator's understanding of crucial AD requirements
and help provide consistent judgment in AD compliance. The procedures
and tests identified as RC (required for compliance) in any service
information have a direct effect on detecting, preventing, resolving,
or eliminating an identified unsafe condition.
    As specified in a NOTE under the Accomplishment Instructions of the
specified Airbus service information, procedures and tests identified
as RC must be done to comply with the proposed AD. However, procedures
and tests that are not identified as RC are recommended. Those
procedures and tests that are not identified as RC may be deviated from
using accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an alternative method
of compliance (AMOC), provided the procedures and tests identified as
RC can be done and the airplane can be put back in a serviceable
condition. Any substitutions or changes to procedures or tests
identified as RC will require approval of an AMOC.

Costs of Compliance

    We estimate that this proposed AD affects 922 airplanes of U.S.
registry.
    We also estimate that it would take about 2 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $0 per
product. Based on these figures, we estimate the cost of this proposed
AD on U.S. operators to be $156,740, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 4 work-hours and require parts costing $1,724, for a cost of
$2,064 per attachment pin replacement. We have no way of determining
the number of aircraft that might need this action.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative,

on a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus: Docket No. FAA-2015-2963; Directorate Identifier 2015-NM-
016-AD.

(a) Comments Due Date

    We must receive comments by September 14, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category,
all manufacturer serial numbers.
    (1) Model A319-131, -132, and -133 airplanes.
    (2) Model A320-232 and -233 airplanes.
    (3) Model A321-131, -231, and -232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Power Plant.

(e) Reason

    This AD was prompted by reports of forward engine mount
attachment pins that were manufactured from discrepant raw material.
We are issuing this AD to prevent failure of a forward engine mount
attachment pin, possible loss of an engine in-flight, and consequent
reduced controllability of the airplane.

(f) Compliance

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

(g) Identification of Part Numbers for Forward Engine Mount and
Attachment Pins

    Except as provided by paragraph (i) of this AD, at the earliest
of the times specified in paragraphs (g)(1) through (g)(4) of this
AD: For each engine, identify the part number of the forward engine
mount, and the part number and serial number of the attachment pin
for that forward engine mount, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-71-1064, dated November
5, 2014; and Goodrich Aerostructures Service Bulletin V2500-NAC-71-
0323, dated September 18, 2014. A review of airplane maintenance
records is acceptable in lieu of this identification if the part
number of the forward engine mount, and the part number and serial
number of the attachment pin for that forward engine mount can be
conclusively determined from that review. If any part number of the
forward engine mount, or part number or serial number of the
attachment pins for the forward engine mount, cannot be identified:
At the earliest of the times specified in paragraphs (g)(1) through
(g)(4) of this AD, contact the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation
Safety Agency (EASA); or Airbus's EASA Design Organization Approval
(DOA), for identification information.
    (1) Within 24 months after the effective date of this AD.
    (2) At the next engine removal after the effective date of this
AD.
    (3) Within 7,500 flight hours after the effective date of this
AD.
    (4) Within 5,000 flight cycles after the effective date of this
AD.

(h) Corrective Actions

    If, during any identification required by paragraph (g) of this
AD, a forward engine mount having part number (P/N) 745-2010-503 is
found, and the attachment pin has P/N 740-2022-501 with any serial
number that is included in figure 1 to paragraphs (h) and (j) of
this AD: At the earliest of the times specified in paragraphs (g)(1)
through (g)(4) of this AD, replace the affected attachment pin with
a serviceable part having a part number other than P/N 740-2022-501,
and having a serial number that is not identified in figure 1 to
paragraphs (h) and (j) of this AD, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-71-1064,
dated November 5, 2014; and Goodrich Aerostructures Service Bulletin
V2500-NAC-71-0323, dated September 18, 2014.

 Figure 1 to Paragraphs (h) and (j) of This AD--Part Numbers and Serial
      Numbers of Affected Forward Engine Mounts and Attachment Pins
------------------------------------------------------------------------
                               Serial Nos.
-------------------------------------------------------------------------
                                     Forward Engine Mount (P/N 745-2010-
 Attachment Pin (P/N 740-2022-501)                   503)
------------------------------------------------------------------------
                  1396SC                            13665001
                  1391SC                            13655001
                  1412SC                            13689001
                  1402SC                            13669001
                  1409SC                            13683001
                  1416SC                            13697001
                  1418SC                            13701001
                  1417SC                            13699001
                  1414SC                            13693001
                  1415SC                            13695001
                  1420SC                            13705001
                  1421SC                            13707001
                  1422SC                            13709001
                  1436SC                            13737001
                  1438SC                            13741001
                  1452SC                            13769001
                  1456SC                            13777001
                  1397SC                            13667001
                  1432SC                            13729001
                  1405SC                            13675001
                  1411SC                            13687001
                  1389SC                            13651001
                  1392SC                            13657001
                  1382SC                            13637001
                  1384SC                            13641001
                  1407SC                            13679001
                  1408SC                            13681001
                  1395SC                            13663001
                  1406SC                            13677001
                  1383SC                            13639001
                  1404SC                            13673001
                  1393SC                            13659001
                  1413SC                            13691001
                  1386SC                            13645001
                  1388SC                            13649001
                  1390SC                            13653001
                  1410SC                            13685001
                  1423SC                            13711001
                  1424SC                            13713001
                  1403SC                            13671001
                  1419SC                            13703001
                  1385SC                            13643001
                  1387SC                            13647001
                  1431SC                            13727001
                  1433SC                            13731001
                  1425SC                            13715001
                  1428SC                            13721001
                  1429SC                            13723001
                  1430SC                            13725001
                  1427SC                            13719001
                  1434SC                            13733001
                  1442SC                            13749001
                  1394SC                            13661001
                  1441SC                            13747001
                  1426SC                            13717001
                  1437SC                            13739001
                  1439SC                            13743001
                  1443SC                            13751001
                  1448SC                            13761001
                  1435SC                            13735001
                  1440SC                            13745001
                  1454SC                            13773001
                  1455SC                            13775001
                  1451SC                            13767001
                  1453SC                            13771001
                  1444SC                            13753001
                  1450SC                            13765001
                  1461SC                            13787001
                  1469SC                            13817001
                  1480SC                            13839001
                  1481SC                            13841001
                  1446SC                            13757001
                  1449SC                            13763001

                  1467SC                            13813001
                  1445SC                            13755001
                  1462SC                            13789001
                  1464SC                            13793001
                  1466SC                            13811001
                  1470SC                            13819001
                  1459SC                            13783001
                  1463SC                            13791001
                  1475SC                            13829001
                  1458SC                            13781001
                  1477SC                            13833001
                  1474SC                            13827001
                  1478SC                            13835001
                  1479SC                            13837001
                  1472SC                            13823001
------------------------------------------------------------------------

(i) Exception to Paragraph (g) of This AD

    For airplanes with manufacturer serial numbers identified in
figure 2 to paragraph (i) of this AD: If it can be conclusively
determined that an engine has not been replaced after March 1, 2011
(the date of manufacture of the first airplane with affected engine
mounts), the airplane is not affected by the requirements of
paragraphs (g) and (h) of this AD.

   Figure 2 to Paragraph (i) of This AD--Airplane Manufacturer Serial
                                 Numbers
------------------------------------------------------------------------
                    Airplane manufacturer serial Nos.
-------------------------------------------------------------------------
                                           4593
                                           4602
                                           4620
                                           4637
                                           4638
                                           4642
                                           4643
                                           4644
                                           4660
                                           4677
                                           4690
                                           4696
                                           4700
                                           4701
                                           4703
                                           4706
                                           4707
                                           4710
                                           4716
                                           4719
                                           4725
                                           4726
                                           4731
                                           4736
                                           4737
                                           4741
                                           4746
                                           4751
                                           4752
                                           4753
                                           4754
                                           4755
                                           4757
                                           4761
                                           4762
                                           4772
                                           4773
                                           4774
                                           4775
                                           4779
                                           4782
                                           4783
                                           4784
                                           4786
                                           4788
                                           4790
                                           4791
                                           4798
                                           4804
                                           4813
------------------------------------------------------------------------

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install on
any airplane any engine mount attachment pin having P/N 740-2022-501
with a serial number identified in figure 1 to paragraphs (h) and
(j) of this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA;
or Airbus's EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in a serviceable
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(l) Special Flight Permits Prohibited

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2015-0004, dated January 13,
2015, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-2963.
    (2) For Airbus service information identified in this AD,
contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. For Goodrich Aerostructures service
information identified in this AD, contact UTC Aerospace Systems,
ATTN: Christopher Newth--V2500 A1/A5 Project Engineer, Aftermarket--
Aerostructures; 850 Lagoon Drive, Chula Vista, CA; telephone 619-
498-7505; email<EMAIL_ADDRESS>You may view this
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on July 17, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-18533 Filed 7-29-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Proposed Rules]
[Pages 77614-77615]
[FR Doc No: 2013-30488]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27009; Directorate Identifier 2007-NE-02-AD]
RIN 2120-AA64

Airworthiness Directives; Turbomeca S.A. Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2007-19-
09R1 that applies to Turbomeca S.A. Arriel 2B1 turboshaft engines that
do not have modification TU157 incorporated. AD 2007-19-09R1 requires
replacement of the hydromechanical metering unit (HMU) with a
serviceable HMU. Since we issued AD 2007-19-09R1, we received reports
of ruptures on HMU constant delta pressure valves that have less than
2,000 hours in service. This proposed AD would continue to require HMU
replacement; reduce the compliance interval; and include the power
turbine (C2) cycle consumption rate when determining compliance times.
We are proposing this AD to prevent failure of the HMU, which could
lead to damage to the engine, and damage to the aircraft.

DATES: We must receive comments on this proposed AD by February 24,
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 AD, contact Turbomeca,
S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74 40 00; telex: 570 042;
fax: 33 (0)5 59 74 45 15. You may view this service information at the
FAA, Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA. 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-2007-
27009; 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 MCAI, 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: Frederick Zink, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
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-2007-
27009; Directorate Identifier 2007-NE-02-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 May 24, 2010, we issued AD 2007-19-09R1, Amendment 39-16322 (75
FR 30687, June 2, 2010). That AD applies to all Turbomeca S.A. 2B1
turboshaft engines that do not incorporate modification TU157. That AD
requires replacement of the HMU with a serviceable HMU. AD 2007-19-09R1
resulted from reports of HMU valve rupture. We issued AD 2007-19-09R1
to prevent failure of the HMU, which could lead to damage to the engine
and damage to the aircraft.

Actions Since Existing AD Was Issued

    Since we issued AD 2007-19-09R1, Amendment 39-16322 (75 FR 30687,
June 2, 2010), we received reports of ruptures on HMU constant delta
pressure valves that have less than 2,000 hours in service. Also since
we issued AD 2007-19-09R1, the European Aviation Safety Agency has
issued AD 2013-0171, dated July 30, 2013, which reintroduces a
requirement for periodic replacement of the HMU.

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 2007-19-
09R1, Amendment 39-16322 (75 FR 30687, June 2, 2010) but would reduce
the compliance interval and include the C2 cycle consumption rate when
determining compliance times.

Costs of Compliance

    We estimate that this proposed AD affects 264 engines installed on
aircraft of U.S. registry. We also estimate that it would take about 1
hour per engine to comply with this proposed AD. The average labor rate
is $85 per hour. Parts cost about $5,000 per engine. Based on these
figures, we estimate the cost of this proposed AD on U.S. operators to
be $1,342,440.

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 proposed 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 to the extent
that it justifies making a regulatory distinction, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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)
2007-19-09R1, Amendment 39-16322 (75 FR 30687, June 2, 2010), and
adding the following new AD:

Turbomeca S.A.: Docket No. FAA-2007-27009; Directorate Identifier
2007-NE-02-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by February 24,
2014.

(b) Affected ADs

    This AD supersedes AD 2007-19-09R1, Amendment 39-16322 (75 FR
30687, June 2, 2010).

(c) Applicability

    This AD applies to Turbomeca S.A. Arriel 2B1 turboshaft engines
that do not have modification TU157 incorporated.

(d) Unsafe Condition

    This AD was prompted by reports of ruptures on hydromechanical
metering unit (HMU) constant delta pressure valves that have less
than 2,000 hours in service. We are issuing this AD to prevent
failure of the HMU, which could lead to damage to the engine and
damage to the aircraft.

(e) Compliance

    Within the compliance times specified, replace the HMU with a
part eligible for installation, unless already done.
    (1) HMU Operating Hours and Power Turbine (C2) Cycles Are Known.
    (i) If on the effective date of this AD, the HMU C2 cycles are
less than 900, then replace the HMU before the HMU accumulates 1,000
C2 cycles or 1,500 HMU operating hours, whichever occurs first;
    (ii) If on the effective date of this AD, the HMU C2 cycles are
900 or more, then replace the HMU within 100 HMU C2 cycles after the
effective date of this AD;
    (iii) Thereafter, replace the HMU at every 1,000 HMU C2 cycles
or 1,500 HMU operating hours, whichever comes first.
    (2) HMU Operating Hours Are Known and C2 Cycles Are Not Known.
    (i) If on the effective date of this AD, the HMU operating hours
are less than 1,100, then replace the HMU before accumulating 1,200
HMU operating hours;
    (ii) If on the effective date of this AD, the HMU operating
hours are 1,100 or more, then replace the HMU within 100 HMU
operating hours after the effective date of this AD;
    (iii) Thereafter, replace HMUs at every 1,200 HMU operating
hours.

(f) Definition

    For the purposes of this AD, ``HMU operating hours'' or ``C2
cycles'' are defined as operating hours or C2 cycles since new,
since overhaul, or since application of Turbomeca S.A. Service
Bulletin (SB) No. 292 73 2105, Version B, dated December 16, 2010,
or earlier version, or of Turbomeca S.A. Mandatory SB (MSB) No. 292
73 2818, Version D, dated June 24, 2013, or earlier version,
whichever occurs later.

(g) Optional Terminating Action

    Incorporation of Turbomeca S.A. SB No. 292 73 2157, Version C,
dated July 17, 2013, or earlier version, is terminating action to
the replacement and repetitive inspection requirements of this AD.

(h) Credit for Previous Actions

    If you performed the actions required by paragraphs (e)(1) or
(e)(2) of this AD using an earlier version of Turbomeca S.A. MSB No.
292 73 2818, Version D, dated June 24, 2013, you met the
requirements of this AD. However, you must still repetitively
replace the HMU as required by paragraphs (e)(1)(iii) and
(e)(2)(iii) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
to this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(j) Related Information

    (1) For more information about this AD, contact Frederick Zink,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2013-0171, dated July 30, 2013. You may examine the AD on
the Internet at http://www.regulations.gov by searching for and
locating it in Docket No. FAA-2007-27009.
    (3) Turbomeca S.A. MSB No. 292 73 2818, Version D, dated June
24, 2013 and Turbomeca S.A. SB No. 292 73 2157, Version C, dated
July 17, 2013, and Turbomeca S.A. SB No. 292 73 2105, Version B,
dated December 16, 2010, pertain to the subject of this AD and can
be obtained from Turbomeca S.A. using the contact information in
paragraph (j)(4) of this AD.
    (4) For service information identified in this AD, contact
Turbomeca, S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74 40 00;
telex: 570 042; fax: 33 (0)5 59 74 45 1.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on December 11, 2013.
Robert J. Ganley,
Acting Assistant Directorate Manager, Engine & Propeller Directorate,
Aircraft Certification Service.
[FR Doc. 2013-30488 Filed 12-23-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Rules and Regulations]
[Pages 42072-42074]
[FR Doc No: 2022-15014]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0587]
RIN 1625-AA00

Safety Zone; Spokane Street Bridge, Duwamish Waterway, Seattle,
WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 100-yard radius of the Spokane Street Bridge
Light List Number 16870.1. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by repair work on the Spokane Street Bridge. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port Puget Sound.

DATES:
    Effective dates: This rule is effective without actual notice from
July 14, 2022 until 7 a.m. on September 30, 2022. For purposes of
enforcement, actual notice will be used from 9 p.m. on July 8, 2022
until July 14, 2022.
    Applicability dates: This rule is subject to enforcement on four
occasions: from 9 p.m. on July 8, 2022 until 7 a.m. on July 9, 2022; 11
p.m. on September 23, 2022 until 7 a.m. on September 24, 2022; and 11
p.m. on September 29, 2022 until 7 a.m. on September 30, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0353 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Peter J. McAndrew, Sector Puget Sound
Waterways Management Division, U.S. Coast Guard; telephone 206-217-
6051, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Spokane Street Bridge requires
immediate action to respond to the potential safety hazards associated
with emergency bridge inspection and repair work. It is impracticable
to publish an NPRM because we had to establish this safety zone by July
8, 2022.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists
for making this rule effective less than 30 days after publication in
the Federal Register. Delaying the effective date of this rule would be
impracticable because immediate action is needed to respond to the
potential safety hazards associated with emergency stability inspection
and repair of the Spokane Street Bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP) Puget
Sound has determined that potential hazards associated with bridge
repairs continuing July 8, 2022, will be a safety concern for anyone
navigating on the West Duwamish Waterway in the vicinity of the Spokane
Street Bridge Light List Number 16870.1. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while the bridge is being inspected and
repaired.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 p.m. on July 8, 2022
until 7 a.m. on September 30, 2022. It is subject to enforcement on
three occasions, one of which has already passed: 9 p.m. on July 8,
2022 until 7 a.m. on July 9, 2022; 11 p.m. on Septemebr 23, 2022 until
7 a.m. on September 24, 2022; and 11 p.m. on September 29, 2022 until 7
a.m. on September 30, 2022. The safety zone will cover all navigable
waters within a 100-yard radius of the Spokane Street Bridge Light List
Number 16870.1. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the Spokane Street Bridge is being inspected and
potentially repaired. No vessel or person will be permitted to enter
the safety zone without obtaining permission from the COTP or a
designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will not be able to safely transit around this safety zone which would
impact a small designated area of the Duwamish Waterway. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting 4 days that will prohibit entry within a 100-yard
radius of the Spokane Street Bridge Light List Number 16870.1 to ensure
the safety of all vessels navigating in the vicinity of inspection and
repair work on the Spokane Street Bridge. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T13-0587 to read as follows:

Sec.  165.T13-0587   Safety Zone; Spokane Street Bridge, Duwamish
Waterway, Seattle, WA.

    (a) Location. The following area is a safety zone: All navigable
waters within a 100-yard radius of the Spokane Street Bridge Light List
Number 16870.1 on the Duwamish Waterway to ensure the safety of all
vessels navigating in the vicinity of inspection and repair work on the
Spokane Street Bridge.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Puget Sound in the enforcement of the safety zone.
    (c) Regulations. In accordance with the general regulations in Part
165, Subpart C, no persons or vessels may enter or remain in the safety
zone described in paragraph (a) of this section unless authorized by
the Captain of the Port or their designated representative. For
permission to enter the safety zone, contact the on-scene designated
representative or Joint Harbor Operations Center via VHF CH16 or at
206-217-6002. Those in the safety zone must comply with all lawful
orders or directions given to them by the Captain of the Port or their
designated representative.
    (d) Enforcement periods. This section will be subject to
enforcement from 9 p.m. on July 8, 2022 until 7 a.m. on July

9, 2022; 11 p.m. on Septemebr 23, 2022 until 7 a.m. on September 24,
2022; and 11 p.m. on Septemebr 29, 2022 until 7 a.m. on September 30,
2022.

    Dated: July 5, 2022
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2022-15014 Filed 7-13-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: February 19, 2010 (Volume 75, Number 33)]
[Notices]
[Page 7528-7530]
[DOCID:fr19fe10-123]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61495; File No. SR-BX-2010-006]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rules 2848, 3330, and 9810 To Reflect Changes to Corresponding FINRA
Rules

February 4, 2010.
    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 January 14, 2010, NASDAQ OMX BX, Inc. (the ``Exchange'' or ``BX'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been substantially prepared by the Exchange. The Exchange
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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange is filing this proposed rule change to amend BX Rules
2848 (Communications with the Public and Customers Concerning Index
Warrants, Currency Index Warrants, and Currency Warrants); 3330
(Payment Designed to Influence Market Prices, Other than Paid
Advertising); and 9810 (Initiation of Proceeding) to reflect recent
changes to corresponding rules of the Financial Industry Regulatory
Authority (``FINRA''). The text of the proposed rule change is
available at http://nasdaqomxbx.cchwallstreet.com, the Exchange's
principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    BX based much of its rules on those of The NASDAQ Stock Market LLC
(``NASDAQ''). Similarly, many of NASDAQ's rules are based on rules of
FINRA (formerly the National Association of Securities Dealers
(``NASD'')). As a consequence, many of BX's rules closely mirror those
of FINRA. During 2008, FINRA embarked on an extended process of moving
rules formerly designated as ``NASD Rules'' into a consolidated FINRA
rulebook. In most cases, FINRA has renumbered these rules, and in some
cases has substantively amended them. Accordingly, BX also proposes to
initiate a process of modifying its rulebook to ensure that BX rules
corresponding to FINRA/NASD rules continue to mirror them as closely as
practicable. In some cases, it will not be possible for the rule
numbers of BX rules to mirror corresponding FINRA rules, because
existing or planned BX rules make use of those numbers. However,
wherever possible, BX plans to update its rules to reflect changes to
corresponding FINRA rules.
    This filing addresses BX Rules 2848 (Communications with the Public
and Customers Concerning Index Warrants, Currency Index Warrants, and
Currency Warrants); 3330 (Payment Designed to Influence Market Prices,
Other than Paid Advertising); and 9810 (Initiation of Proceeding) to
update cross-references to corresponding rules of FINRA.
    In SR-FINRA-2009-078,\4\ FINRA made changes that reflected, among
other things, incorporation into the consolidated FINRA rulebook of
NASD Rule 3330 as FINRA Rule 5230 (Payments Involving Publications that
Influence the Market Price of a Security); \5\ NASD Rule 2330 as FINRA
Rule 2150 (Improper Use of Customers' Securities or Funds; Prohibition
Against Guarantees and Sharing in Accounts); \6\ and NASD Rule 2220 as
FINRA Rule 2220 (Options Communications).\7\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 61087 (December 1,
2009), 74 FR 65190 (December 9, 2009) (SR-FINRA-2009-078) (notice of
filing and immediate effectiveness).
    \5\ See Securities Exchange Act Release No. 60648 (September 10,
2009), 74 FR 47837 (September 17, 2009) (SR-FINRA-2009-048) (order
approving adoption of FINRA Rule 5230).
    \6\ See Securities Exchange Act Release No. 60701 (September 21,
2009); 74 FR 49425 (September 28, 2009) (SR-FINRA-2009-014) (order
approving adoption of FINRA Rule 2150).
    \7\ See Securities Exchange Act Release No. 60534 (August 19,
2009), 74 FR 44410 (August 28, 2009) (SR-FINRA-2009-036) (order
approving adoption of FINRA Rules 2124, 2220, 4370, and 5250).
---------------------------------------------------------------------------

    FINRA Rule 2220, like former NASD Rule 2220, sets forth a member's
obligations with respect to its options communications with the public
and: (a) uses, to the extent appropriate, the same terminology and
definitions as in FINRA's general rules on communications with the
public; (b) makes the requirements for principal review of
correspondence concerning options the same as for correspondence
generally; and (c) updates the standards on the content of
communications that precede the delivery of the options disclosure
document (ODD).
    BX is, by this filing, updating references in its Rule 2848 from
NASD Rule 2220 to FINRA Rule 2220.

    NASD Rule 3330 prohibits a member from giving, or offering to give,
anything of value to any person for the purpose of influencing or
rewarding the action of such person in connection with the publication
or circulation in any newspaper, investment service, or similar
publication, of any matter that has, or is intended to have, an effect
upon the market price of any security; and provides an exception for
any matter that is clearly distinguishable as paid advertising. As part
of transferring NASD Rule 3330 into the consolidated FINRA rulebook as
FINRA Rule 5230, FINRA proposed two changes to the rule to modernize
its terms and clarify its scope by: (a) Updating the list of media to
which the rule refers to include electronic and other types of media,
including magazines, Web sites, and television programs; and (b)
expanding the exceptions in the rule beyond paid advertising to also
include compensation paid in connection with research reports and
communications published in reliance on Section 17(b) of the Securities
Act of 1933 (the ``1933 Act'').
    BX is, by this filing, re-numbering its Rule 3330 to Rule 5230 and
amending the text to conform to the changes reflected in FINRA Rule
5230.
    NASD Rule 2330 prohibits members and associated persons from: (a)
Making improper use of a customer's securities or funds; (b)
guaranteeing a customer against loss in connection with any securities
transaction or in any securities account of the customer; and (c)
sharing in the profits or losses in the customer's account except under
certain limited conditions specified in the Rule. As part of
transferring NASD Rule 2330 into the consolidated FINRA rulebook as
FINRA Rule 2150, FINRA proposed minor changes to Rule 2150(c) and added
Supplementary Information to the rule that codified existing staff
guidance concerning the inapplicability of the rule to certain
guarantees, permissible reimbursement by a member of certain losses,
correction of bona fide errors, and preservation of written
authorizations.\8\
---------------------------------------------------------------------------

    \8\ Supplementary Material to FINRA Rule 2150 generally provides
that (i) a ``guarantee'' extended to all holders of a security by an
issuer as part of that security generally would not be subject to
the prohibition against guarantees; (ii) the rule does not preclude
a member from determining on an after-the-fact basis to reimburse a
customer for transaction losses, provided however that the member
shall comply with all reporting requirements that may be applicable
to such payment; (iii) the rule does not preclude a member from
correcting a bona fide error; and (iv) a member must preserve the
required written authorization(s) for a period of at least six years
after the date the account is closed.
---------------------------------------------------------------------------

    BX has proposed, in a recent immediately effective filing,\9\ to
re-number its Rule 2330 and IM-2330 to Rule 2150 and IM-2150,
respectively; clarify cross-references in its rule and IM; and reflect
the changes to FINRA Rule 2150. BX is, by this filing, clarifying the
cross-reference in its Rule 9810 to BX Equity Rule 2150.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 61129 (December 8,
2009), 74 FR 66188 (December 14, 2009) (SR-BX-2009-080) (notice of
filing and immediate effectiveness).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\10\ in general, and with
Sections 6(b)(5) of the Act,\11\ in particular, in that the proposal 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 regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The proposed
changes will conform BX Rules 2848, 3330 and 9810 to recent changes
made to several corresponding FINRA rules, to promote application of
consistent regulatory standards.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ 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
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2010-006 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2010-006. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of 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-BX-2010-006, and should be submitted on
or before March 12, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-3140 Filed 2-18-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 25, 2008 (Volume 73, Number 58)]
[Notices]
[Page 15835-15837]
[DOCID:fr25mr08-121]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0048; Notice 1]

Hyundai Motor Company, Receipt of Petition for Decision of
Inconsequential Noncompliance

    Hyundai Motor Company (Hyundai), has determined that certain
vehicles that it manufactured during the period beginning July 14, 2006
through November 23, 2007, did not fully comply with paragraph S9.5 of
49 CFR 571.225 (Federal Motor Vehicle Safety Standards (FMVSS) No. 225
Child Restraint Anchorage Systems. Hyundai has filed an appropriate
report pursuant to 49 CFR Part 573, Defect and Noncompliance
Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49

CFR part 556), Hyundai has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of Hyundai's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Affected are approximately 115,000 model years 2007 and 2008
Hyundai Elantra passenger cars produced beginning July 14, 2006 through
November 23, 2007. Paragraph S9.5 of 49 CFR 571.225 requires in
pertinent part that:

    S9.5 Marking and conspicuity of the lower anchorages. Each
vehicle shall comply with S9.5(a) or (b).
    (a) Above each bar installed pursuant to S4, the vehicle shall
be permanently marked with a circle:
    (1) That is not less than 13 mm in diameter;
    (2) That is either solid or open, with or without words, symbols
or pictograms, provided that if words, symbols or pictograms are
used, their meaning is explained to the consumer in writing, such as
in the vehicle's owners manual; and
    (3) That is located such that its center is on each seat back
between 50 and 100 mm above or on the seat cushion 100()25 mm forward of the intersection of the vertical transverse
and horizontal longitudinal planes intersecting at the horizontal
centerline of each lower anchorage, as illustrated in Figure 22. The
center of the circle must be in the vertical longitudinal plane that
passes through the center of the bar (25 mm).
    (4) The circle may be on a tag.
    (b) The vehicle shall be configured such that the following is
visible: Each of the bars installed pursuant to S4, or a permanently
attached guide device for each bar. The bar or guide device must be
visible without the compression of the seat cushion or seat back,
when the bar or device is viewed, in a vertical longitudinal plane
passing through the center of the bar or guide device, along a line
making an upward 30 degree angle with a horizontal plane. Seat backs
are in the nominal design riding position. The bars may be covered
by a removable cap or cover, provided that the cap or cover is
permanently marked with words, symbols or pictograms whose meaning
is explained to the consumer in written form as part of the owner's
manual.

    Hyundai explained its belief that paragraph S9.5 of FMVSS No. 225
requires that above each child restraint lower anchorage the vehicle
shall be permanently marked with; a circle that is not less than 13 mm
in diameter, that is either solid or open, with or without words,
symbols or pictograms, provided that if words, symbols or pictograms
are used, their meaning is explained to the consumer in writing, such
as in the vehicle's owner's manual.
    Hyundai also explained that the owner's manuals of the affected
vehicles contain a section titled ``Child seat lower anchorages'' that
provides illustrations indicating the locations of the child restraint
lower anchorages and written descriptions of the locations of the child
restraint lower anchorages. Hyundai expressed its belief that the
vehicles are properly marked, as required by paragraph S9.5 of FMVSS
No. 225, with solid circles to identify the locations of the lower
anchorages. Hyundai also stated that those solid circles contain
pictograms, which represent a child seated in a child restraint.
However, the owner's manuals provided with the affected vehicles do not
contain a specific written explanation of the meaning of the pictogram
that appears on the identification circles.
    Hyundai states that it believes the noncompliance is
inconsequential to motor vehicle safety for the following reasons:
    (1) When the requirements of paragraph S9.5 were first implemented
over seven years ago, there may have been the potential to
misunderstand the newly adopted child restraint lower anchorage
identification mark. Therefore, NHTSA decided that a circle must be
used, to standardize the symbol used to identify the anchorages,
because standardization would likely increase user recognition of the
symbol. The standardized circle has now appeared in almost every U.S.
vehicle for more than seven years, allowing the public to gain
familiarity with its purpose. In reference to the identification
circles, FMVSS 225 No. S9.5 (a)(2) states that they may be ``with or
without words, symbols or pictograms''. If the identification circle
does not contain any pictogram, it does not require a written
explanation.
    (2) The simple pictogram representing a child seated in a child
restraint enhances the identification provided by the circle. The
missing written explanation of the meaning of the pictogram does not
affect the ability of a person to locate the lower anchorages, aided by
the visual indication of the identification circles and the
illustrations and written explanations provided in the owner's manual,
and does not affect the ability of the lower anchorages to properly
secure a child restraint.
    In addition, Hyundai stated that even though it will include a
written explanation in future printings of the subject owner's manual,
it strongly believes that the missing written explanation is an
inconsequential noncompliance that poses no threat to the safety of its
customers.
    Hyundai also states that no customer complaints have been received
related to the lack of a written explanation of the meaning of the
pictogram or any problems that may have resulted from the lack of a
written explanation of the meaning of the pictogram.
    Hyundai requested that NHTSA consider its petition and grant an
exemption from the recall requirements of the National Traffic and
Motor Vehicle Safety Act on the basis that the noncompliance described
above is inconsequential as it relates to motor vehicle safety.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance.
    Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE, Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at: http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://

www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
    Comment closing date: April 24, 2008.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8)

    Issued on: March 19, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-6005 Filed 3-24-08; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Notices]
[Pages 61125-61127]
[FR Doc No: 2011-25378]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65406; File No. SR-BYX-2011-023]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Y-Exchange, Inc.

September 27, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 14, 2011, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated the proposed rule change as one establishing or changing
a member due, fee, or other charge imposed by the Exchange under
Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the fee schedule applicable to
Members\5\ of the Exchange pursuant to BYX Rules 15.1(a) and (c). While
changes to the fee schedule pursuant to this proposal will be effective
upon filing, the changes will become operative on September 16, 2011.
---------------------------------------------------------------------------

    \5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.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 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 modify its fee schedule applicable to use
of the Exchange effective September 16, 2011, in order to adopt a fee
for any order subject to price sliding that adds liquidity to the
Exchange and receives price improvement over its ranked price when
executed. Pursuant to Exchange price sliding, an order that would lock
or cross a protected quotation is ranked on the Exchange's order book
at the locked price and then displayed at one minimum price level less
aggressive than the locking price. For bids, this means that a price
slid order is displayed at one minimum price variation less than the
current national best offer (``NBO''), and for offers, this means that
a price slid order is displayed at one minimum price variation more
than the current national best bid (``NBB'').
    The Exchange received approval in June of a rule change to allow a
non-displayed order or an order subject to the price sliding process
that is not executable at its most aggressive price to be executed at
one-half minimum price variation less aggressive than the price at
which it is ranked.\6\ The Exchange immediately implemented the change
for non-displayed orders, but delayed the implementation related to
orders subject to price sliding in order to complete development of the
necessary system functionality. On September 16, 2011, the Exchange
plans to implement the systems change to allow an order subject to
price sliding to execute at one-half minimum price variation less
aggressive than the price at which such order is ranked. Specifically,
in the event an order submitted to the Exchange on the side opposite
such a price slid order is a market order or a limit order priced more
aggressively than the locking price, the Exchange will execute the
resting order subject to price sliding at, in the case of a resting
bid, one-half minimum price variation less than the locking price, and,
in the case of a resting offer, at one-half minimum price variation
more than the locking price. Based on the functionality, orders
executed as described above will receive price improvement over the
price at which such orders are ranked. Because price slid orders
subject to the order handling process described above will receive
price improvement, the Exchange proposes to execute the orders subject
to a fee of $0.0030 per share, which is the same fee imposed for
executions of non-displayed orders that receive price improvement when
executed. The Exchange believes that price improvement received for
executions of orders subject to price sliding will offset the
additional fee charged by the Exchange for such orders.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 64753 (June 27,
2011), 76 FR 38714 (July 1, 2011) (SR-BYX-2011-009) (Order Approving
a Proposed Rule Change to Amend BATS Rule 11.9, entitled ``Orders
and Modifiers'' and BATS Rule 11.13, entitled ``Order Execution'').
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\7\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\8\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. The Exchange believes that the
proposed fee applicable to any execution of a price slid order that
receives price improvement over its ranked price is competitive, fair
and reasonable, and non-discriminatory in that the fee will apply
uniformly to all Members and because the proposed fee is the same fee
imposed for non-displayed orders that are handled similarly. Finally,
the Exchange believes that the additional fee for executions of orders
subject to price sliding that receive price improvement is appropriate
because the price improvement received will offset the change in the
fee structure for such orders.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change imposes
any 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 solicited or received.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act\9\ and Rule 19b-
4(f)(2) thereunder,\10\ the Exchange has designated this proposal as
establishing or changing a due, fee, or other charge applicable to the
Exchange's Members and non-members, which renders the proposed rule
change effective upon filing.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BYX-2011-023 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-BYX-2011-023. 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 on official business
days between the hours of 10 a.m. and 3 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-BYX-
2011-023 and should be submitted on or before October 24, 2011.

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

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

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-25378 Filed 9-30-11; 8:45 am]
BILLING CODE 8011-01-P


North Carolina Recommendation for Chatham County The purpose of this paper is to discuss the rationale for recommending the township boundaries of Baldwin, Center, New Hope, and Williams in Chatham County, rather than the entire county or the entire Metropolitan Statistical Area as nonattainment for the 8 hour ozone standard.

  First, with a design value in 2000 2002 of 0.083 ppm, and a design value in 2001 2003 of 0.082 ppm at Pittsboro site, this area already meets the 8 hour ozone standard.   Second, the population densities are not created equal. Most of the southwest part of the Chatham County has very low population density ( except Siler City) and only the northeast part of the Chatham County, which borders Wake, Durham, and Orange Counties, has relatively higher population density. The population in Chatham County grew by 27.3% between 1990 ( 38,759 people) and 2000 ( 49,329 people), and is expected to grow by 21.8% between 2000 and 2010 ( projected 60,060 people). Most of the population growth in Chatham County is in the area bordering Durham and Orange Counties. In contrast, Wake County's population grew by 47.3% between 1990 ( 426,301 people) and 2000 ( 627,846 people), and is expected to grow by 36.5% between 2000 and 2010 ( projected 857,054 people). The population density in Chatham County is typically 0 50 persons per square mile.   Third, back trajectories on the days when the Pittsboro monitor is violating trace to the Triangle region, Charlotte, Triad or Virginia on the all ( total 13) but 2 of the 8 hour exceedance days in 2000, 2001, and 2002.   The majority of the NOx emissions in Chatham County are generated from point and mobile sources ( 19.67 tons per day from point and an additional 4.74 tons per day from mobile out of the total 28.08 tons per day). The Cape Fear Steam Station will be reducing NOx emissions under both the NOx SIP Call and the Clean Smokestacks Act. The Federal and state mobile strategies will reduce mobile emission. The I/ M program will be implemented in Chatham Counties by January 2004. Low sulfur gasoline will be required statewide. For these mobile sources, North Carolina has already adopted the only available strategy. Future year modeling for 2007 indicates that all of the Triangle region is expected to attain the 8 hour ozone standard with these Federal and State control programs.   Finally, North Carolina continues to believe this is an appropriate boundary for this region which already meets the 8 hour ozone standard.


[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Notices]
[Page 75456]
[FR Doc No: 2016-26304]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT:  [81 FR 73459,
October 25, 2016].

STATUS:  Open Meeting.

PLACE:  100 F Street NE., Washington, DC.

DATE AND TIME OF PREVIOUSLY ANNOUNCED MEETING:  Wednesday, October 26,
2016 10:00 a.m.

CHANGE IN THE MEETING: Time Change.
    The Open Meeting scheduled for Wednesday, October 26, 2016 at 10:00
a.m., has been changed to Wednesday, October 26, 2016 at 11:00 a.m.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

     Dated: October 26, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-26304 Filed 10-27-16; 11:15 am]
 BILLING CODE 8011-01-P