[Federal Register Volume 79, Number 131 (Wednesday, July 9, 2014)]
[Notices]
[Pages 38875-38877]
[FR Doc No: 2014-15981]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: ER10-2331-026; ER14-630-003; ER10-2326-025; ER10-
2343-023; ER14-1468-003; ER10-2330-025.
    Applicants: J.P. Morgan Ventures Energy Corporation, AlphaGen Power
LLC, Cedar Brakes I, L.L.C., J.P. Morgan Commodities Canada
Corporation, KMC Thermo, LLC, Utility Contract Funding, L.L.C.
    Description: Updated Market Power Analysis and Order 697 Compliance
Filing of the J.P. Morgan Sellers.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5179.
    Comments Due: 5 p.m. ET 8/29/14.

    Docket Numbers: ER10-2398-003; ER10-2399-003; ER10-2406-004; ER10-
2408-003; ER10-2409-003; ER10-2410-003; ER10-2411-004;

ER10-2412-004; ER11-2935-004; ER13-1816-001.
    Applicants: Blackstone Wind Farm, LLC, Blackstone Wind Farm II LLC,
High Trail Wind Farm, LLC, Meadow Lake Wind Farm LLC, Meadow Lake Wind
Farm II LLC, Meadow Lake Wind Farm III LLC, Meadow Lake Wind Farm IV
LLC, Paulding Wind Farm II LLC, Sustaining Power Solutions LLC, Marble
River, LLC.
    Description: Updated Market Power Analysis for the Northeast Region
of Blackstone Wind Farm, LLC, et. al.
    Filed Date: 6/27/14.
    Accession Number: 20140627-5239.
    Comments Due: 5 p.m. ET 8/26/14.

    Docket Numbers: ER10-2414-004.
    Applicants: Old Trail Wind Farm, LLC.
    Description: Updated Market Power Analysis for the Northeast Region
of Old Trail Wind Farm, LLC.
    Filed Date: 6/27/14.
    Accession Number: 20140627-5237.
    Comments Due: 5 p.m. ET 8/26/14.

    Docket Numbers: ER10-2604-006.
    Applicants: Luke Paper Company.
    Description: Luke Paper Company Market-Based Rate Tariff to be
effective 7/1/2014.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5144.
    Comments Due: 5 p.m. ET 7/21/14.

    Docket Numbers: ER10-2606-008.
    Applicants: Consolidated Water Power Company.
    Description: Consolidated Water Power Company Market-Based Rate
Tariff to be effective 7/1/2014.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5147.
    Comments Due: 5 p.m. ET 7/21/14.

    Docket Numbers: ER10-2609-008.
    Applicants: Escanaba Paper Company.
    Description: Escanaba Paper Company Market-Based Rate Tariff to be
effective 7/1/2014.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5145.
    Comments Due: 5 p.m. ET 7/21/14.

    Docket Numbers: ER10-2984-018.
    Applicants: Merrill Lynch Commodities, Inc.
    Description: Updated Market Power Analysis for the Northeast Region
of Merrill Lynch Commodities, Inc.
    Filed Date: 6/27/14.
    Accession Number: 20140627-5235.
    Comments Due: 5 p.m. ET 8/26/14.

    Docket Numbers: ER12-2513-003; ER12-2510-003; ER12-2511-003; ER12-
2512-003; ER13-2308-001; ER10-2432-006; ER10-2435-006; ER10-2440-006;
ER10-2442-006; ER10-2444-006; ER10-2446-006; ER10-2449-006; ER14-1439-
001.
    Applicants: Raven Power Marketing LLC, Brandon Shores LLC, C.P.
Crane LLC, H.A. Wagner LLC, Sapphire Power Marketing LLC, Bayonne Plant
Holding, L.L.C., Camden Plant Holding, L.L.C., Dartmouth Power
Associates Limited Partn, Elmwood Park Power, LLC, Newark Bay
Cogeneration Partnership, L.P, Pedricktown Cogeneration Company LP,
York Generation Company LLC, TrailStone Power, LLC.
    Description: Updated Market Power Analysis in the Northeast Region
of Raven Power Marketing LLC.
    Filed Date: 6/27/14.
    Accession Number: 20140627-5238.
    Comments Due: 5 p.m. ET 8/26/14.

    Docket Numbers: ER13-2233-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-06-30 Order 764 Compliance Filing to be effective
6/30/2015.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5163.
    Comments Due: 5 p.m. ET 7/21/14.

    Docket Numbers: ER14-2306-000.
    Applicants: CalEnergy, LLC.
    Description: CalEnergy Change in Status Filing to be effective 7/1/
2014.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5143.
    Comments Due: 5 p.m. ET 7/21/14.

    Docket Numbers: ER14-2307-000.
    Applicants: New York State Electric & Gas Corporation.
    Description: NYSEG-NYPA Attachment C--O&M Annual Update to be
effective 9/1/2014.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5146.
    Comments Due: 5 p.m. ET 7/21/14.

    Docket Numbers: ER14-2308-000.
    Applicants: Waterside Power, LLC.
    Description: Triennial Update Market Power Analysis Filing for NE
Region & Tariff Amendments to be effective 7/1/2014.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5151.
    Comments Due: 5 p.m. ET 8/29/14.

    Docket Numbers: ER14-2309-000.
    Applicants: Lea Power Partners, LLC.
    Description: Triennial Update Market Power Analysis Filing for NE
Region & Tariff Amendment to be effective 7/1/2014.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5154.
    Comments Due: 5 p.m. ET 8/29/14.

    Docket Numbers: ER14-2310-000.
    Applicants: Consolidated Edison Company of New York,
    Description: PASNY Tariff 18-a Surcharge to be effective 7/1/2014.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5162.
    Comments Due: 5 p.m. ET 7/21/14.

    Docket Numbers: ER14-2311-000.
    Applicants: New England Power Pool Participants Committee.
    Description: July 2014 Membership Filing to be effective 7/1/2014.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5169.
    Comments Due: 5 p.m. ET 7/21/14.

    Docket Numbers: ER14-2312-000.
    Applicants: Lyonsdale Biomass, LLC.
    Description: Lyonsdale Biomass Order 784 Compliance Tariff Filing
to be effective 7/1/2014.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5178.
    Comments Due: 5 p.m. ET 7/21/14.

    Docket Numbers: ER14-2313-000.
    Applicants: ReEnergy Livermore Falls LLC.
    Description: ReEnergy Livermore Falls Order 784 Compliance Tariff
Filing to be effective 7/1/2014.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5181.
    Comments Due: 5 p.m. ET 7/21/14.

    Docket Numbers: ER14-2314-000.
    Applicants: ReEnergy Sterling CT Limited Partnership.
    Description: ReEnergy Sterling CT Limited Partnership Order 784
Compliance Tariff Filing to be effective 7/1/2014.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5206.
    Comments Due: 5 p.m. ET 7/21/14.

    Docket Numbers: ER14-2315-000.
    Applicants: ReEnergy Stratton LLC.
    Description: ReEnergy Stratton Order 784 Compliance Tariff Filing
to be effective 7/1/2014.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5213.
    Comments Due: 5 p.m. ET 7/21/14.

    Docket Numbers: ER14-2316-000.
    Applicants: ReEnergy Ashland LLC.
    Description: ReEnergy Ashland Compliance Tariff Filing to be
effective 7/1/2014.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5218.
    Comments Due: 5 p.m. ET 7/21/14.

    Docket Numbers: ER14-2317-000.
    Applicants: ReEnergy Fort Fairfield LLC.
    Description: ReEnergy Fort Fairfield Order 784 Compliance Tariff
Filing to be effective 7/1/2014.
    Filed Date: 6/30/14.
    Accession Number: 20140630-5222.
    Comments Due: 5 p.m. ET 7/21/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings

must file in accordance with Rules 211 and 214 of the Commission's
Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern
time on the specified comment date. Protests may be considered, but
intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 30, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-15981 Filed 7-8-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Notices]
[Pages 53987-53988]
[FR Doc No: 2011-22098]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65186; File No. SR-DTC-2011-06]

Self-Regulatory Organizations; The Depository Trust Company;
Order Granting Approval of a Proposed Rule Change To Amend Rules
Relating to the Early Redemption of Certificates of Deposit

August 23, 2011.

I. Introduction

    On July 1, 2011, The Depository Trust Company (``DTC'') filed
proposed rule change SR-DTC-2011-06 with the Securities and Exchange
Commission (``Commission'') pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'').\1\ Notice of the proposed
rule change was published in the Federal Register on July 18, 2011.\2\
The Commission received no comment letters. For the reasons discussed
below, the Commission is granting approval of the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 64864 (July 12, 2011),
76 FR 42149 (July 18, 2011). A technical correction to this notice
was made on July 18, 2011. 76 FR 45309 (July 28, 2011).
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II. Description

    Recently, several issuers of Certificates of Deposit (``CDs'') have
contacted DTC in an attempt to redeem or ``call'' their CDs prior to
the maturity date. The master certificate of these CDs did not
expressly specify that they were callable or subject to early
redemption. In some instances, the issuer offered to pay DTC
participants the principal plus interest through the date of maturity.
In other instances, the issuer offered to pay principal plus interest
only through the date of redemption. Because the master certificates
did not expressly indicate the CDs could be redeemed early, a number of
DTC participants expressed their concerns that the CDs had been sold to
investors without disclosing the possibility of early redemption.
    Over the past several months, DTC has worked with industry
representatives, including the Retail Fixed Income Committee of The
Securities Industry and Financial Markets Association (``SIFMA''), to
better understand the issues related to the early redemption of CDs
that do not contain express early redemption provisions. As a result,
DTC is amending its Redemption Service Guide to state that DTC will not
process early redemptions or calls on CDs unless (1) There is an
explicit provision in the master certificate that permits early
redemption by the issuer and specifies the payment to be made in
connection therewith or (2) written consent to an early redemption in a
form designated by DTC is obtained by the issuer from all of the
holders of the CD. Furthermore, in the event that an issuer sends such
payment to DTC in contravention of the rule, DTC will return the
payment, less any costs associated with facilitating the attempted
redemption and return of funds, to the issuer.

III. Discussion

    Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of a clearing agency be designed to promote the prompt and
accurate clearance and settlement of securities transactions and to
remove impediments to and perfect the mechanism of a national system
for the prompt and accurate clearance and settlement of securities
transactions.\3\ The Commission finds that DTC's rule change should
clarify the terms and conditions under which DTC will process the early
redemption of certain CDs and thus should facilitate the prompt and
accurate clearance and settlement of transactions involving

these CDs and should remove impediments to and perfect the mechanism of
a national system for the prompt and accurate clearance and settlement
of securities transactions, and, in general, to protect investors and
the public interest.
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    \3\ 15 U.S.C. 78q-1(b)(3)(F).
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    Accordingly, for the reasons stated above the Commission believes
that the proposed rule change is consistent with DTC's obligation under
Section 17A of the Act and the rules and regulations thereunder.\4\
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    \4\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act,
particularly with the requirements of Section 17A of the Act, and the
rules and regulations thereunder.
    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (File No. SR-DTC-2011-06) be and hereby
is approved.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\5\
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    \5\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-22098 Filed 8-29-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Page 15999]
[FR Doc No: 2023-05303]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF23-3-000]

Western Area Power Administration; Notice of Filing

    Take notice that on March 6, 2023, Western Area Power
Administration submits tariff filing: DSW_WALC_WAPA208-20230306 to be
effective 4/5/2023.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on April 5, 2023.

Kimberly D. Bose,
Secretary.
[FR Doc. 2023-05303 Filed 3-14-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Pages 58324-58327]
[FR Doc No: 2023-18307]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98185; File No. SR-Phlx-2023-37]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Set Fees for the
Purchase of Field-Programmable Gate Array Technology as an Optional
Delivery Mechanism for PSX TotalView

August 21, 2023.
    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 August 11, 2023, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to set fees for the purchase of field-
programmable gate array (``FPGA'') technology as an optional delivery
mechanism for PSX TotalView.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to establish a fee
schedule for the purchase of field-programmable gate array (``FPGA'')
technology as an optional delivery mechanism for PSX TotalView (``PSX
FPGA Service'').\3\ This follows a recently-filed proposal to offer
FPGA technology as an optional delivery mechanism for PSX TotalView.\4\
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    \3\ This Proposal was initially filed by the Exchange on May 23,
2023. See Securities Exchange Act Release No. 97628 (May 31, 2023),
88 FR 37116 (June 6, 2023) (SR-Phlx-2023-21). On July 7, 2023, that
filing was withdrawn and replaced to provide supplemental
information. See Securities Exchange Act Release No. 97947 (July 19,
2023), 88 FR 47932 (July 25, 2023) (SR-Phlx-2023-30). On August 9,
2023, the second filing was withdrawn and replaced with SR-Phlx-
2023-35 to provide additional information without changing the
Proposal in substance. On August 11, 2023, SR-Phlx-2023-35 was
replaced with the instant filing to correct a typographical error.
    \4\ See SR-Phlx-2023-18 (``A proposal to offer field-
programmable gate array (`FPGA') technology as an optional delivery
mechanism for PSX TotalView.''), available at https://listingcenter.nasdaq.com/assets/rulebook/Phlx/filings/SR-Phlx-2023-18.pdf. A proposal to establish a fee schedule for the use of FPGA
technology for the BX exchange is being filed concurrently with this
proposal.
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FPGA
    FPGA is a hardware-based delivery mechanism that utilizes an
integrated circuit that is programmed to reduce ``jitter''--a technical
term of art referring to the deviation in amplitude, phase timing or
width of a signal pulse in a digital signal--that will allow data to be
processed in a more predictable, or ``deterministic,'' fashion.
Reducing jitter can be useful for certain customers due to the
variability in the timing of market data packets transmitted by an
exchange over the course of the trading day. Orders, and therefore
market data packets, typically accumulate in larger numbers at the
beginning and end of the trading day, as well as during the peaks of
activity that occur at random intervals during the day. These bursts of
activity may alter the time interval between the delivery of data
packets because software processes information at variable rates
depending on load to the system. Processing times may increase at
higher loads, and decrease during periods of lesser activity. FPGA
technology processes data packets at a constant time interval, without
regard to the number of packets processed. Higher levels of determinism
mean less variable queuing, which improves the predictability of data
transfer,

particularly during times of peak market activity.
    The benefits of determinism depend on the use case of the customer,
as well as the customer's specific system architecture.
    Higher determinism does not necessarily mean lower latency. The
concepts of determinism and latency are related, but distinct.
Determinism refers to predictability in the rate of data transmission;
latency refers to the time required to process data or transport it
from one location to another. Low latency is not necessarily
deterministic, and higher determinism does not necessarily mean low
latency. As such, use of FPGA technology will increase determinism, but
does not guarantee lower latency at all times.\5\
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    \5\ Because software can be impacted by workload, FPGA
technology in general can provide lower latency during periods of
peak activity. The same FPGA technology that will support the PSX
FPGA Service is also broadly commercially available for purchase
from third-party sellers unrelated to the Exchange.
---------------------------------------------------------------------------

    Among customers that seek a higher degree of determinism, the
benefits of FPGA technology vary, as FPGA technology is one possible
solution, among a catalog of possible solutions, for increasing the
consistency and predictability of message throughput over the course of
the trading day. Some customers are able to adequately control jitter
without using FPGA technology; other customers address jitter using
specialized software, coding or other design solutions in conjunction
with FPGA; still others use FPGA alone. The specific choice depends on
a complex analysis of the customer's information technology systems in
the context of their particular use cases.
    FPGA is a broadly-available, commonly-used type of programmable
circuit that can be modified to suit different use cases. It is used in
a wide spectrum of industries, including the consumer electronics,
automotive, and aerospace, as well as in a variety of industrial
applications. It is not unique to the financial services industry,\6\
or to the Exchange.
---------------------------------------------------------------------------

    \6\ See, e.g., Contrive Datum Insights, ``Field-Programmable
Gate Array (FPGA) Market is expected to reach around USD 22.10
Billion by 2030, Grow at a CAGR of 15.12% during Forecast Period
2023 to 2030,'' (February 21, 2023), available at https://www.globenewswire.com/en/news-release/2023/02/21/2612772/0/en/Field-Programmable-Gate-Array-FPGA-Market-Is-Expected-To-Reach-around-USD-22-10-Billion-by-2030-Grow-at-a-CAGR-Of-15-12-during-Forecast-Period-2023-To-2030-Data-By-Contrive-Datum-I.html (describing the
general size and state of the FPGA market in 2023).
---------------------------------------------------------------------------

    FPGA technology has been offered by the Nasdaq Stock Exchange for
over a decade, and the Nasdaq Options Market for nearly as long,\7\ and
has been cited by the SEC as an example of a technology useful in the
distribution of market data products.\8\
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    \7\ See Securities Exchange Act Release No. 67297 (June 28,
2012), 77 FR 39752 (July 5, 2012) (SR-Nasdaq-2012-063) (introducing
FPGA technology); see also Nasdaq Data News 2012-13, available at
http://www.nasdaqtrader.com/TraderNews.aspx?id=dn2012-13
(introducing TotalView FPGA service as of August 1, 2012);
Securities Exchange Act Release No. 74745 (April 16, 2015), 80 FR
22588 (April 22, 2015) (SR-Nasdaq-2015-035) (establishing FPGA for
the Nasdaq Options Market); The Nasdaq Stock Market LLC Rules,
Equity 7, Section 126(c) (Hardware-Based Delivery of Nasdaq Depth
data).
    \8\ See Securities Exchange Act Release No. 90610, 86 FR 18596,
18647 (April 9, 2021) (File No. S7-03-20) (listing field
programmable gate array services as an example of a technological
innovation that could be employed by competing consolidators as part
of the Market Data Infrastructure rule).
---------------------------------------------------------------------------

    The Exchange proposes to offer the PSX FPGA Service in conjunction
with the Exchange's depth of book feed, PSX TotalView. PSX TotalView is
a real-time market data product that provides full order depth using a
series of order messages to track the life of customer orders in the
PSX market, as well as trade data for PSX executions and administrative
messages such as Trading Action messages, Symbol Directory, and Event
Control messages.\9\
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    \9\ See Nasdaq Phlx LLC Rules, Equity 7 (Pricing Schedule),
Section 3 (Nasdaq PSX Fees), PSX TotalView; see also Securities
Exchange Act Release No. 62876 (September 9, 2010), 75 FR 56624
(September 16, 2010) (SR-Phlx-2010-120) (introducing PSX TotalView
as a product).
---------------------------------------------------------------------------

    Customers that choose to purchase PSX TotalView without the PSX
FPGA Service will receive the same data as customers that elect to
purchase PSX TotalView with the PSX FPGA Service.
Proposed Fees
    Phlx proposes internal distribution fees of $3,500 per month and
external distribution fees of $350 for the PSX FPGA Service; customers
that elect to use the PSX FPGA Service for both internal and external
distribution will pay both fees.\10\ These fees are in addition to
Market Data Distributor Fees \11\ and fees for PSX TotalView.\12\
Customers that elect to receive PSX TotalView without using the PSX
FPGA Service will pay no fee in addition to the underlying fees listed
above.
---------------------------------------------------------------------------

    \10\ The difference in amount for external and external
distribution reflects Nasdaq's experience that the Exchange's FPGA
hardware is best employed at the point of ingestion, as the utility
of FPGA technology falls as the data moves farther from the source.
    \11\ See Nasdaq Phlx LLC Rules, Equity 7, Section 3, Market Data
Distributor Fees.
    \12\ See id., PSX TotalView.
---------------------------------------------------------------------------

    The proposed fees for the PSX FPGA Service are substantially lower
than fees for the Nasdaq FPGA Service, which are set at $25,000 per
Distributor for internal only distribution, $2,500 for external only,
and $27,500 for internal and external distribution.\13\ The difference
is based, in part, on a comparison of peak activity at the two
exchanges. As noted above, high levels of determinism are particularly
valuable during periods of peak activity.
---------------------------------------------------------------------------

    \13\ See The Nasdaq Stock Market LLC Rules, Equity 7 (Pricing
Schedule), Section 126(c) (Hardware-based delivery of Nasdaq depth
data).
---------------------------------------------------------------------------

    Although there is considerable variation in the number of messages
at various peaks, as well as the duration of peak activity, the
proposed fees are roughly comparable to the differences in average peak
activity for Phlx equity products relative to the Nasdaq exchange.
Exchange staff have also discussed the proposed fees with customers,
and believe, based on those discussions and their own business
judgment, that the proposed fees fairly reflect the value of the PSX
FPGA Service. A number of customers provisionally agree with this
assessment, and have indicated that they are interested in testing it.
    No other exchange currently offers FPGA technology as a separate
service in conjunction with the delivery of a proprietary data feed,
and therefore there are no other fees for comparison.
    If Phlx is incorrect in its determination that the proposed fees
reflect the underlying value of the PSX FPGA Service, customers will
not purchase the product. The PSX FPGA Service is not necessary for a
customer to ingest and process depth of book information, and those
customers that seek a higher degree of determinism have a number of
options at their disposal to reduce jitter without using the PSX FPGA
Service.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b) of the Act,\14\ in general, and furthers the objectives of
sections 6(b)(4) and 6(b)(5) of the Act,\15\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Proposal is reasonable and unlikely to burden the market
because the purchase of the PSX FPGA Service is optional for all
categories of customers. No customer and no category of customers (such
as, for example,

vendors, proprietary trading firms, banks, hedge funds, market makers,
or high frequency trading firms) are required to purchase the PSX FPGA
Service for either legal or technological reasons--even a customer that
seeks to reduce jitter.\16\
---------------------------------------------------------------------------

    \16\ Not all customers of depth of book information process at
sufficiently high speeds for jitter to become a concern. Neither
FPGA hardware nor its substitutes are required to ingest depth of
book information.
---------------------------------------------------------------------------

    The Nasdaq exchange has over ten years of experience in selling the
Nasdaq FPGA Service. That experience has shown that the vast majority
of Nasdaq depth customers do not find value in the Nasdaq FPGA Service.
The Exchange expects customers that do not find value in the Nasdaq
FPGA Service to make a similar decision with respect to the PSX FPGA
Service, and continue to ingest PSX TotalView as they do now.
    For those customers that may seek to increase determinism, the
purchase of FPGA technology from the PSX exchange will be only one of
several options available. FPGA technology is not unique to the
Exchange or even the financial services industry. Third-party data
vendors offer FPGA technology services. Customers may also install
their own FPGA hardware for internal use. All of these are viable
options; the benefits of any particular option will depend on the
particular customer's systems and use cases.
    Customers may also choose not to address jitter using FPGA
technology at all. As noted above, FPGA technology processes the data
at a consistently predictable rate relative to software. This
predictability in the rate of processing may not be advantageous or
optimal for all systems receiving the exchange data feed.
    The design of data processing architecture is complex. The
ingestion of data from an exchange is just one step in the life-cycle
of trading. Customers must also generate and submit orders, evaluate
trades, and then generate new orders while interacting with multiple
exchanges. All of these steps are part of a single trading system.
Changing any one step in the process--by, for example, purchasing the
PSX FPGA Service when other exchanges may not offer FPGA--often results
in the need for changes to other aspects of the process. As such, the
decision to buy the PSX FPGA Service will be based on whether the
service is compatible with the customer's trading system as a whole,
not just on whether it may facilitate the processing of data from a
single exchange. The appropriateness of any particular solution will
depend on the customer's system architecture, and the specific use
cases for the market data consumed.
    To illustrate the choice faced by exchange customers, consider the
decisions made by the two consolidated data processors, the UTP and CTA
Plans, two different systems that use dissimilar means to achieve an
optimal solution. Both perform the same task--combining quotes and
trades from all US exchanges into a consolidated data feed with
relatively low jitter. Yet only one processor--the CTA Plan--uses FPGA
hardware, while the other--the UTP Plan--does not.
    This is because the UTP Plan's design, coding and hardware achieve
the desired level of determinism without FPGA technology. The CTA Plan,
by contrast, elected to incorporate FPGA technology into its system
design. Notwithstanding these different design decisions, both plans
achieve broadly similar levels of performance. FPGA technology is
therefore not essential to addressing jitter, but rather is one option
among many to address the issue.
    Market data customers face an array of choices to optimize
determinism, much like the UTP and CTA Plans. For example, a customer
may purchase and deploy its own FPGA hardware, without purchasing the
proposed FPGA technology service from the Exchange, after receiving
data from the Exchange. Another customer may find use of the PSX FPGA
Service, which lowers the level of jitter prior to the customer's
receipt of the data, to be a better fit for its system architecture.
The solution chosen will vary based on the needs and design choices of
the customer.
    The experience of the Nasdaq exchange in offering the Nasdaq FPGA
Service shows that customers sensitive to jitter often avail themselves
of substitutes for FPGA technology, a decision that can change over
time. Over the past decade, a total of 21 current or potential users of
the Nasdaq FPGA Service--all of which sought a higher degree of
determinism--substituted the Nasdaq FPGA Service with an alternative
solution. Six of these customers were in the process of developing and
testing the Nasdaq FPGA Service but ultimately decided not to purchase
it before completing this process. The remaining 15 customers purchased
the Nasdaq FPGA Service, only to cancel it after using it. Because all
of these customers continued to utilize the underlying data, these
cancelations demonstrate that the PSX FPGA Service, like the Nasdaq
FPGA Service, will be an optional service, even for those customers
that seek to reduce jitter.
    Moreover, as noted above, no other exchange currently offers FPGA
technology in conjunction with their proprietary data feeds as a
separate service, notwithstanding the fact that it is a widely
available technology, providing further evidence that customers have
multiple options at their disposal to address jitter.
    In the experience of the Nasdaq exchange, the Nasdaq FPGA Service
is purchased by vendors, proprietary trading firms, banks, high-
frequency trading firms, hedge funds, and market makers. The Nasdaq
exchange is aware of no systematic differences within any of these
categories among market participants that choose to use or not to use
the Nasdaq FPGA Service.
    Few customers of Nasdaq TotalView purchase the Nasdaq FPGA Service.
This is because the bulk of customers consume Nasdaq TotalView for
display (i.e., human) usage. FPGA technology impacts performance at a
speed that a human cannot process, and there is no need for FPGA
technology for such usage.
    Of the customers that receive Nasdaq TotalView from Nasdaq (either
through a direct feed or an extranet connection) and are in a position
to utilize the Nasdaq FPGA Service, only about 15 percent purchase it.
    Most strikingly, only approximately 3% of market makers at Nasdaq
purchase the Nasdaq FPGA Service.\17\ This may seem a surprising
result, given that market makers, by definition, trade throughout the
day and during periods of peak activity, but, as noted above, customers
have several options: purchase FPGA services from a third-party vendor,
implement FPGA technology on their own, or configure their systems to
process data during peaks without the use of FPGA. The fact that only
about 3% of market makers at the Nasdaq exchange purchase the Nasdaq
FPGA Service demonstrates that most customers make use of alternative
solutions. As such, the determining factor in whether to purchase the
Nasdaq FPGA Service is not the category of customer, but rather the
compatibility of that service with the customer's specific systems
architecture and technical requirements, which can

and do change over time as systems are modified, replaced or updated.
---------------------------------------------------------------------------

    \17\ The 3% figure represents the percentage of designated
market makers by market participant identifier (``MPID'') that
currently purchase the Nasdaq FPGA Service relative to all MPIDs on
the Nasdaq Market Center. The MPID is a unique four-letter mnemonic
assigned to each Participant in the Nasdaq Market Center. A
Participant may have one or more than one MPID. See The Nasdaq Stock
Market LLC Rules, Equity 1, Section 1(a)(11).
---------------------------------------------------------------------------

    For all of these reasons, customers can discontinue the use of the
PSX FPGA Service at any time, or decide not to purchase it, for any
reason, including the level of fees.
    Customers that choose not to purchase the PSX FPGA Service are not
impacted by the proposal.
    The PSX FPGA Service will be available to all customers on a non-
discriminatory basis, and therefore the proposed fees are not designed
to permit unfair discrimination between customers, issuers, brokers, or
dealers.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
    This Proposal, a response to customer demand, is a product of a
competitive marketplace. To date, lower levels of peak activity at the
Phlx equity exchange relative to the Nasdaq exchange have been
associated with low levels of customer interest in this product.
Recently, however, Phlx has heard from customers interested in using
FPGA technology for PSX TotalView. To address this customer demand, and
to drive liquidity to the Phlx equity exchange by making it a more
attractive trading venue, Phlx has decided to offer this product.
    Approval of this Proposal will further promote competition by
providing market participants additional choices in the transmission of
PSX TotalView.
    Nothing in the Proposal burdens inter-market competition (the
competition among self-regulatory organizations) because approval of
the Proposal does not impose any burden on the ability of other
exchanges to compete. As noted above, FPGA technology is generally
available and any exchange has the ability to offer it if it so
chooses.
    Nothing in the Proposal burdens intra-market competition (the
competition among consumers of exchange data) because the PSX FPGA
Service will be available to any customer under the same fee schedule
as any other customer, and any market participant that wishes to
purchase the PSX FPGA Service can do so on a non-discriminatory basis.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to section
19(b)(3)(A)(ii) of the Act.\18\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    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: (i)
necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-Phlx-2023-37 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-Phlx-2023-37. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-Phlx-2023-37 and should be
submitted on or before September 15, 2023.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-18307 Filed 8-24-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)]
[Notices]
[Pages 22586-22587]
[FR Doc No: 2016-08863]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Public Availability of FY 2015 Service Contract
Inventories and Supplemental Data

April 6, 2016.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION:  Notice of Public Availability of FY 2015 Service Contract
Inventories and Supplemental Data.

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

SUMMARY:  In accordance with Section 743 of Division C of the
Consolidated Appropriations Act of 2010 (Pub. L. 111-117), the Federal
Energy Regulatory Commission (FERC) is publishing this notice to advise
the public on the availability of the FY 2015 Service Contract
Inventory, a report that analyzes the Commission's FY 2015 Service
Contract Inventory and an inventory supplement that identifies the
amount invoiced and direct labor hours for covered service contract
actions.
    The service contract inventory provides information on service
contract actions over $25,000 that FERC completed in FY 2015. The
information is organized by function to show how contracted resources
are distributed throughout the agency. The inventory has been developed
in accordance with guidance issued on November 5, 2010, by the Office
of Management and Budget's Office of Federal Procurement Policy (OFPP).
    OFPP's guidance is available at  http://www.whitehouse.gov/sites/default/files/omb/procurement/memo/service-contract-inventories-guidance-11052010.pdf.
    On December 19, 2011, OFPP issued additional guidance available at
http://www.whitehouse.gov/sites/default/files/omb/procurement/memo/service-contract-inventory-guidance.pdf.
    FERC has posted its FY 2015 inventory and summary at the following
link: http://www.ferc.gov/about/offices/oed/oed-fo/oed-acquisition.asp.

FOR FURTHER INFORMATION CONTACT: Katharine Lindner, Acquisition
Services Division, Office of the Executive Director, Federal Energy
Regulatory

Commission, 888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-08863 Filed 4-15-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Rules and Regulations]
[Pages 72824-72827]
[FR Doc No: 2021-27638]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0904; Product Identifier 2019-SW-041-AD; Amendment
39-21864; AD 2021-05-03]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Helicopters Model EC225LP helicopters. This AD requires
various inspections of the left-hand side (LH) engine fuel supply (fuel
supply) hose and depending on the inspection results, reinstalling the
fuel supply hose or removing the fuel supply hose from service.
Additionally, this AD requires installing an improved part and
prohibits installing a certain part-numbered LH fuel supply hose on any
helicopter unless it is installed by following certain procedures. This
AD was prompted by a report of an incorrect installation of the LH fuel
supply hose causing restricted fuel flow to the LH engine. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 27, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of January 27,
2022.

ADDRESSES: For service information identified in this final rule,
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or
at https://www.airbus.com/helicopters/services/technical-support.html.
You may view the referenced service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. It is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0904.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0904; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
European Union Aviation Safety Agency (EASA) AD, any comments received,
and other information. The street address for Docket Operations is U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
950 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Airbus Helicopters
Model EC225LP helicopters with a LH fuel supply hose part number (P/N)
704A34416087 installed. The NPRM published in the Federal Register on
October 7, 2020 (85 FR 63235, October 7, 2020). For helicopters
delivered to the first operator before November 30, 2018, and for
helicopters delivered to the first operator on or after November 30,
2018, that have had the LH fuel supply hose replaced or reinstalled
before May 10, 2019, the NPRM proposed to require visually inspecting
the LH fuel supply hose for twisting, and if needed, borescope
inspecting the entire length of the inside of the fuel supply hose for
twisting. Depending on the inspection results, the NPRM proposed to
require reinstalling or removing the fuel supply hose from service.
Additionally, the NPRM proposed to prohibit installing a certain part-
numbered LH fuel supply hose on any helicopter unless that LH fuel
supply hose is installed by following certain procedures specified in
the manufacturer's service bulletin. The proposed requirements were
intended to prevent a decrease of the LH

engine power when accelerating to a power setting corresponding to One
Engine Inoperative (OEI) power and subsequent reduced control of the
helicopter.
    The NPRM was prompted by EASA AD 2019-0092, dated April 26, 2019
(EASA AD 2019-0092), issued by EASA, which is the Technical Agent for
the Member States of the European Union, to correct an unsafe condition
for Airbus Helicopters (formerly Eurocopter) Model EC 225 LP
helicopters, all serial numbers. EASA advised that an occurrence was
reported where during an in-flight single engine power check, the LH
side engine experienced a power loss. EASA stated that a subsequent
investigation determined that the fuel flow to the affected engine was
restricted by a twisted fuel supply hose. EASA stated that this
condition, if not detected and corrected, could lead to a decrease of
the LH engine power when accelerating to the power setting
corresponding to OEI power, and subsequent reduced control of the
helicopter. Accordingly, EASA AD 2019-0092 required a one-time visual
inspection of the fuel supply hose and depending on the inspection
results, removing from service or replacing the affected part. EASA AD
2019-0092 also introduced re-installation requirements for a fuel
supply hose that is being replaced or reinstalled.
    After the FAA issued the NPRM, the FAA issued a supplemental notice
of proposed rulemaking (SNPRM) to amend 14 CFR part 39 by adding an AD
that would apply to Airbus Helicopters Model EC225LP helicopters with a
LH fuel supply hose P/N 704A34416087 installed. The SNPRM published in
the Federal Register on May 10, 2021 (86 FR 24783, May 10, 2021) (the
May 2021 SNPRM). The May 2021 SNPRM proposed to require visually
inspecting the LH fuel supply hose P/N 704A34416087 for twisting, and
if needed, borescope inspecting the entire length of the inside of the
fuel supply hose for twisting. Depending on the inspection results, the
May 2021 SNPRM proposed to require reinstalling or removing the fuel
supply hose from service. Additionally, the May 2021 SNPRM proposed to
prohibit installing a certain part-numbered LH fuel supply hose on any
helicopter unless that LH fuel supply hose is installed by following
certain procedures specified in the manufacturer's service
bulletin.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]
    The May 2021 SNPRM was prompted by the FAA's determination that
operators may not have the information required to comply with the
proposed requirements in the NPRM. Operators may not know the date the
helicopter was delivered to the first operator. Additionally, operators
may not know whether the LH fuel supply hose has been previously
removed or reinstalled since the maintenance regulations do not require
certain operators to maintain these records after one year.
    Accordingly, the FAA determined that revising proposed paragraph
(e)(1) of the NPRM by deleting the language referring to delivery dates
and dates of LH fuel supply hose replacement or reinstallation was
necessary. As a result of these changes, the FAA revised the NPRM to
specify that all helicopters included in the applicability paragraph
would be required to comply with the proposed requirements in the May
2021 SNPRM. Also, after the NPRM was issued, the FAA determined that a
limit on special flight permits was required. The May 2021 SNPRM
reflected this change and stated that special flight permits may be
permitted provided that there are no passengers on board.
    Since the May 2021 SNPRM was issued, EASA issued EASA AD 2021-0156,
dated July 2, 2021 (EASA AD 2021-0156), which supersedes EASA AD 2019-
0092. EASA advises that Airbus Helicopters has developed an improved
fuel supply hose P/N 704A34416101 and modification instructions to
install the improved part. Accordingly, EASA AD 2021-0156 retains the
requirements of EASA AD 2019-0092 and requires replacing the affected
part with the improved part. EASA AD 2021-0156 also allows a
terminating action for the inspection requirements once the improved
part has been installed according to the installation requirements.
    Accordingly, the FAA issued a second SNPRM to amend 14 CFR part 39
by adding an AD that would apply to Airbus Helicopters Model EC225LP
helicopters with a LH fuel supply hose P/N 704A34416087 installed. This
SNPRM published in the Federal Register on September 7, 2021 (86 FR
49937, September 7, 2021) (the September 2021 SNPRM). The September
2021 SNPRM proposed to require visually inspecting the LH fuel supply
hose for twisting, and if needed, borescope inspecting the entire
length of the inside of the fuel supply hose for twisting. Depending on
the inspection results, the September 2021 SNPRM proposed to require
reinstalling or removing the fuel supply hose from service.
    Additionally, the September 2021 SNPRM proposed to prohibit
installing a certain part-numbered LH fuel supply hose on any
helicopter unless that LH fuel supply hose is installed by following
certain procedures described in the manufacturer's service bulletin.
Finally, the September 2021 SNPRM proposed to require modifying your
helicopter by removing from service LH fuel supply hose P/N
704A34416087 and installing the improved LH fuel supply hose P/N
704A34416101. This modification would provide terminating action for
the proposed inspection requirements of the September 2021 SNPRM.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from six commenters on the September 2021
SNPRM. Five commenters supported the SNPRM without change and one
individual supported the SNPRM but requested a certain change. The
following presents this comment and the FAA's response.

Request To Revise the Required Actions Section To Include Additional
Inspections

    One individual requested that the FAA revise the Required Actions
section of this AD to include repetitive inspections of the LH fuel
supply hose for one year after initial installation of the new supply
hose. The individual stated this will ensure maximum safety and
efficiency.
    The FAA disagrees with this request because the unsafe condition is
adequately addressed by installing the improved fuel supply hose in
accordance with this AD.

Conclusion

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA reviewed the relevant
data, considered the comments received, and determined that air safety
requires adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these helicopters.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters Alert Service Bulletin No.
EC225-71A019, Revision 2, dated May 21, 2021 which specifies procedures
for removing the fuel supply hose from the LH power plant, visually
inspecting the fuel supply hose for twisting, and depending on
inspection results, performing an endoscope inspection on the inside of
the hose. This service

information also specifies procedures required to install the improved
fuel supply hose.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA also reviewed Airbus Helicopters Alert Service Bulletin No.
EC225-71A019, Revision 1, dated February 28, 2019, which also specifies
procedures for removing the fuel supply hose, visually inspecting the
fuel supply hose for twisting, performing an endoscope inspection on
the inside of the hose, and specifies procedures required to install a
serviceable fuel supply hose.

Differences Between This AD and EASA AD 2021-0156

    EASA AD 2021-0156 requires compliance within 110 flight hours or 6
months, whichever occurs first after the effective date of EASA AD
2019-0092, while this AD requires compliance within 110 hours time-in-
service after the effective date of this AD. EASA AD 2021-0156 requires
reporting information to Airbus Helicopters if the LH fuel supply hose
is twisted on the inside, while this AD does not. Additionally, EASA AD
2021-0156 is applicable to all serial-numbered EC225LP helicopters,
whereas this AD applies to EC225LP helicopters with a certain LH fuel
supply hose installed.

Costs of Compliance

    The FAA estimates that this AD affects 28 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    Visually inspecting the LH fuel supply hose for twisting takes
about 1 work-hour for an estimated cost of $85 per helicopter and
$2,380 for the U.S. fleet.
    Replacing a LH fuel supply hose takes about 8 work-hours and parts
cost about $2,363 for an estimated replacement cost of $3,043 per
replacement.
    Borescope inspecting the LH fuel supply hose takes about 8 work-
hours for an estimated cost of $680 per helicopter.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-05-03 Airbus Helicopters: Amendment 39-21864; Docket No. FAA-
2020-0904; Product Identifier 2019-SW-041-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective January 27, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Model EC225LP helicopters,
certificated in any category, with a left-hand side (LH) engine fuel
supply (fuel supply) hose part number (P/N) 704A34416087 installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2820, Aircraft
Fuel Distribution System.

(e) Unsafe Condition

    This AD was prompted by a report of an incorrect installation of
the LH fuel supply hose P/N 704A34416087. The FAA is issuing this AD
to prevent restricted fuel flow to the LH engine. The unsafe
condition, if not addressed, could result in a decrease of the LH
engine power when accelerating to a power setting corresponding to
One Engine Inoperative power and subsequent reduced control of the
helicopter.

(f) Compliance

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

(g) Required Actions

    (1) Within 110 hours time-in-service (TIS) after the effective
date of this AD, visually inspect the LH fuel supply hose for
twisting as shown in Figures 1 and 2 of Airbus Helicopters Alert
Service Bulletin No. EC225-71A019, Revision 2, dated May 21, 2021
(ASB EC225-71A019 Rev 2). If the LH fuel supply hose has any
twisting, before further flight, borescope inspect the entire length
of the inside of the fuel supply hose for twisting as shown in
Figures 3 through 5 of ASB EC225-71A019 Rev 2.
    (i) If the inside of the LH fuel supply hose has any twisting,
before further flight, remove the LH fuel supply hose from service
and install an airworthy LH fuel supply hose by following the
Accomplishment Instructions, paragraph 3.B.3.b, of ASB EC225-71A019
Rev 2.
    (ii) If the LH fuel supply hose does not have any twisting,
reinstall the LH fuel supply hose by following the Accomplishment
Instructions, paragraph 3.B.3.b, of ASB EC225-71A019 Rev 2.
    (2) Within 1,200 hours TIS after the effective date of this AD,
modify your helicopter by removing from service LH fuel supply hose
P/N 704A34416087 and installing the improved LH fuel supply hose P/N
704A34416101 in accordance with the Accomplishment Instructions,
paragraph 3.B.3.b, of ASB EC225-71A019 Rev 2.
    (3) As of the effective date of this AD, do not install a LH
fuel supply hose P/N 704A34416087 on any helicopter unless it is
installed by following the Accomplishment Instructions, paragraph
3.B.3.b, of ASB EC225-71A019 Rev 2.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraph (g)(1) of this AD, if those actions were performed before
the effective date of this AD using Airbus

Helicopters Alert Service Bulletin No. EC225-71A019, Revision 1,
dated February 28, 2019.

(i) Special Flight Permits

    Special flight permits may be permitted provided that there are
no passengers on board.

(j) Alternative Methods of Compliance (AMOCs)

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

(k) Related Information

    (1) For more information about this AD, contact Hal Jensen,
Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; telephone<PHONE_NUMBER>; email [email protected].
    (2) The subject of this AD is addressed in European Union
Aviation Safety Agency (EASA) AD 2021-0156, dated July 2, 2021. You
may view the EASA AD at https://www.regulations.gov in Docket No.
FAA-2020-0904.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Alert Service Bulletin No. EC225-71A019,
Revision 2, dated May 21, 2021.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or
at https://www.airbus.com/helicopters/services/technical-support.html.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 8, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-27638 Filed 12-22-21; 8:45 am]
BILLING CODE 4910-13-P[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES]


Jim Zidek<EMAIL_ADDRESS> 02/23/2007 02:07 PM

To

Rogene Henderson<EMAIL_ADDRESS> cc

Fred Butterfield/DC/USEPA/US@EPA, CASAC Ozone SAB<EMAIL_ADDRESS>Barbara Zielinska<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Lianne Sheppard<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS> Subject

Zidek: Comments on Ozone Final Staff Report

Rogene

Here are some comments on the Final Staff Report for ozone.

Cheers, J

Jim Zidek, PhD, FRSC

Department of Statistics, Room 365A

University of British Columbia

6356 Agriculture Road

Vancouver, BC

Canada V6T 1Z2

tel:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

email<EMAIL_ADDRESS> home page: http://hajek.stat.ubc.ca/~jim/homepage.html

---------- Forwarded message ----------

Date: Fri, 23 Feb 2007 10:59:22 -0800

From: Jim Zidek<EMAIL_ADDRESS> To: Jim Zidek<EMAIL_ADDRESS> Subject: Comments of the Draft Ozone AQCD, 2005