[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Pages 76213-76215]
[FR Doc No: 2011-31204]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65853; File No. SR-Phlx-2011-157]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Active Specialized Quote Feed Port Fee

November 30, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 17, 2011, NASDAQ OMX 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 amend its Fee Schedule to modify the
Active Specialized Quote Feed (``SQF'') Port Fee.
    While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative on January 3, 2012.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqtrader.com/micro.aspx?id=PHLXfilings, at the
principal office of the Exchange, on the Commission's Web site at
http://www.sec.gov/and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the Active SQF Port Fee in Section
VI of the Exchange's Fee Schedule, titled ``Access Service,
Cancellation, Membership, Regulatory and Other Fees.'' SQF is an
interface that enables specialists, SQTs and Remote Streaming Quote
Traders (``RSQTs'') \3\ to connect and send quotes into Phlx XL.\4\
Active SQF ports are ports that receive inbound quotes at any time
within that month.\5\ The Exchange intends to amend the tier structure,
eliminate the $500 per month cap applicable to certain member
organization and establish a new monthly cap now that all firms have
transitioned from SQF 5.0 to SQF 6.0. The Exchange proposes these
amendments to recoup fees.
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    \3\ A RSQT is defined in Exchange Rule in 1014(b)(ii)(B) as an
ROT that is a member or member organization with no physical trading
floor presence who has received permission from the Exchange to
generate and submit option quotations electronically in options to
which such RSQT has been assigned. An RSQT may only submit such
quotations electronically from off the floor of the Exchange.
    \4\ See Securities Exchange Act Release No. 63034 (October 4,
2010), 75 FR 62441 (October 8, 2010) (SR-Phlx-2010-124).
    \5\ The current version, SQF 6.0, allows member organizations to
access, information such as execution reports, execution report
messages, auction notifications, and administrative data through a
single feed. Other data that is available on SQF 6.0 includes: (1)
Options Auction Notifications (e.g., opening imbalance, market
exhaust, PIXL or other information currently provided on SQF 5.0)
;(2) Options Symbol Directory Messages (currently provided on SQF
5.0); (3) System Event Messages (e.g., start of messages, start of
system hours, start of quoting, start of opening); (4) Complex Order
Strategy Auction Notifications (COLA); (5) Complex Order Strategy
messages; (6) Option Trading Action Messages (e.g., trading halts,
resumption of trading); and (7) Complex Strategy Trading Action
Message (e.g., trading halts, resumption of trading).
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    The Exchange currently has a tiered Active SQF Port Fee as follows:

------------------------------------------------------------------------
                                                          Cost per port
               Number of Active SQF Ports                   per month
------------------------------------------------------------------------
0-4....................................................             $350
5-18...................................................            1,250
19-40..................................................            2,350
41 and over............................................            3,000
------------------------------------------------------------------------

    Today, the Exchange caps Active SQF Ports at $500 per month for
member organizations that meet the following criteria: (i) Are not
members of another national securities exchange (``Phlx Only
Members''); and (ii) have 50 or less Streaming Quote Trader (``SQT'')
\6\ assignments \7\ affiliated with the member organization. Also,
Active SQF Port Fees are capped at $40,000 per month (``Cap'') until
December 30, 2011 for all member organizations other than those member
organizations who meet the requirements of the $500 per month cap. The
purpose of the Cap was to ensure member organizations were not assessed
fees in excess of the Active SQF Port Fees while they transitioned from
SQF 5.0 to SQF 6.0 ports.\8\ The Cap is not in effect beyond December
30, 2011.\9\
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    \6\ An SQT is defined in Exchange Rule 1014(b)(ii)(A) as an ROT
who has received permission from the Exchange to generate and submit
option quotations electronically in options to which such SQT is
assigned.
    \7\ See Exchange Rules 1014(b) and 507 for qualifications
relating to assignments.
    \8\ See Securities Exchange Release No. 65046 (August 5, 2011),
76 FR 49821 (August 5, 2011) (SR-Phlx-2011-105).
    \9\ See Securities Exchange Release No. 65046 (August 5, 2011),
76 FR 49821 (August 5, 2011) (SR-Phlx-2011-105).
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    The Exchange is proposing to amend the four SQF tiers to three SQF
tiers and assess the following Active SQF Port Fees:

------------------------------------------------------------------------
                                                          Cost per port
               Number of Active SQF Ports                   per month
------------------------------------------------------------------------
0-4....................................................             $350
5-18...................................................            1,350
19 and over............................................            2,500
------------------------------------------------------------------------

The Exchange also proposes to eliminate the $500 per month cap that was
applicable to certain member organizations that met the above listed
criteria and replace the $40,000, per month cap that is set to expire
after December 30, 2011, with a $41,000 monthly cap. The Exchange will
also remove the restriction that it will not assess the Active SQF Port
Fee for the use of active SQF 5.0 ports to the extent that the member
organization is paying for the same (or greater) number of active SQF
6.0 ports.
    While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative on January 3, 2012.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \10\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \11\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that it is reasonable to modify the Active
SQF Fee to amend the tiers and remove the caps because the release of
SQF 6.0 is complete \12\ and the Exchange believes it has provided
members ample opportunity to transition to SQF 6.0.\13\ The Exchange
believes that the new tier structure is reasonable because the lower
tier fee (0-4 ports) will remain the same and only the next two tiers,
5-18 and 19 and over, will increase. SQF 6.0 offers users increased
efficiency by allowing them to access in a single feed, rather than
through accessing multiple feeds, information such as execution reports
and other relevant data.\14\ In

addition, non quoting firms that would like to receive the relevant
information available over SQF will be allowed to connect to the SQF
interface, but not send quotes.\15\ The tiers are designed to recoup
costs associated with the ports while providing increased efficiency
with the new release.
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    \12\ The Exchange released SQF 6.0 on October 11, 2010.
    \13\ The Exchange anticipated that member organizations would
utilize both SQF 5.0 and SQF 6.0 for a period of time. The Exchange
believes that by January 3, 2012 all members should have
transitioned and ample time was provided in 2011 to complete the
transition.
    \14\ See Securities Exchange Act Release No. 63034 (October 4,
2010), 75 FR 62441 (October 8, 2010) (SR-Phlx-2010-124). Data
proposed for SQF 6.0 includes the following: (1) Options Auction
Notifications (e.g., opening imbalance, market exhaust, PIXL or
other information currently provided on SQF 5.0); (2) Options Symbol
Directory Messages (currently provided on SQF 5.0); (3) System Event
Messages (e.g., start of messages, start of system hours, start of
quoting, start of opening); (4) Complex Order Strategy Auction
Notifications (COLA); (5) Complex Order Strategy messages; (6)
Option Trading Action Messages (e.g., halts, resumes); and (7)
Complex Strategy Trading Action Message (e.g., halts, resumes).
    \15\ See Securities Exchange Act Release No. 63034 (October 4,
2010), 75 FR 62441 (October 8, 2010) (SR-Phlx-2010-124).
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    The Exchange also believes that it is reasonable to eliminate the
$500 per month cap for Phlx Only Members that have 50 or less SQT
assignments affiliated with member organizations because there are no
members today which meet the criteria for this cap.
    The Exchange believes that the amended tiers, which are increased
for two categories, are equitable and not unfairly discriminatory
because the features of SQF 6.0 are available to all participants. In
addition, the member organizations with the greater number of ports,
and therefore the greater system usage, will experience the increase.
    The Exchange believes that eliminating the $500 per month cap for
the smaller organizations, defined as Phlx Only Members with 50 or less
SQT assignments, is equitable and not unfairly discriminatory because
there are no member organizations that will be impacted today by the
elimination of this cap. There are no member organizations today that
are eligible for the cap.
    The Exchange believes that adopting a $41,000 monthly cap is
equitable and not unfairly discriminatory because all members utilizing
SQF 6.0 ports may take advantage of the $41,000 cap without limitation.
The Exchange believes that the member organizations with the greatest
number of ports will benefit from the proposed $41,000 monthly cap.
These are also the member organizations with the greatest system usage
and therefore the largest costs.
    Finally, the Exchange believes that it is reasonable, equitable and
not unfairly discriminatory to discontinue the practice of only billing
member organizations for the use of active SQF 5.0 ports to the extent
the member organization was paying is paying the same (or greater)
number of active SQF 6.0 ports. As mentioned herein, the Exchange
believes that it has provided member organizations ample time to
transition and this practice is no longer necessary as there should be
no member organizations utilizing SQF 6.0 [sic] by January 3, 2012.

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.

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.\16\ 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.
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    \16\ 15 U.S.C. 78s(b)(3)(A)(ii).
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IV. Solicitation of Comments

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

Electronic Comments:

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-Phlx-2011-157 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 No. SR-Phlx-2011-157. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
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 No. SR-Phlx-2011-157 and should be
submitted on or before December 27, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-31204 Filed 12-5-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Rules and Regulations]
[Pages 68434-68437]
[FR Doc No: 2015-27925]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0244; Directorate Identifier 2014-NM-127-AD;
Amendment 39-18313; AD 2015-22-08]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A318, A319, and A320 series airplanes. This AD was
prompted by a cracked upper cardan in the main landing gear (MLG). This
AD requires revising the maintenance or inspection program, as
applicable, to reduce the life limits for the MLG upper cardan for
certain installations. We are issuing this AD to prevent failure of the
upper cardan in the MLG, which could result in MLG collapse and
subsequent damage to the airplane and injury to occupants.

DATES: This AD becomes effective December 10, 2015.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 10,
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0244; or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For 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. 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
425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0244.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus Model A318,
A319, and A320 series airplanes. The NPRM published in the Federal
Register on March 5, 2015 (80 FR 11964).
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0141, dated June 4, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model
A318, A319, and A320 series airplanes. The MCAI states:

    During an A320-200 77T main landing gear (MLG) fatigue test by
Messier Bugatti-Dowty (MBD), an upper cardan was found with a crack,
emanating from the grease hole/main lug intersection. The affected
upper cardan, Part Number (P/N) 201163620, is listed in the
applicable Airworthiness Limitations Section (ALS) Part 1 with a
demonstrated fatigue life of 60,000 landings.
    This condition, if not corrected, could lead to MLG upper cardan
failure, possibly resulting in MLG collapse and subsequent damage to
the aeroplane and injury to occupants.
    Prompted by these findings and further to analysis, it has been
decided to reduce the life limit for certain installations of the P/
N 201163620 MLG upper cardan.
    For the reasons described above, this AD requires implementation
of the new life limits, as applicable, and replacement of any
affected MLG upper cardan units that have already exceeded the
reduced limit.
    The reduced life limits for the affected MLG upper cardan are
expected to be incorporated in a next revision of the Airbus A318/
A319/A320/A321 ALS Part 1.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0244-0003.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (80
FR 11964, March 5, 2015) and the FAA's response to each comment.

Request To Extend the Compliance Time

    Delta Airlines (DAL) requested that paragraph (g) of the proposed
AD (80 FR

11964, March 5, 2015) be revised so the initial compliance time for
replacing the MLG upper cardan is extended and corresponds to that of
European Aviation Safety Agency (EASA) AD 2014-0141, dated June 4,
2014. EASA AD 2014-0141 specifies an initial compliance time of
``within 3 months'' after the effective date of that EASA AD and the
proposed AD specified an initial compliance time of prior to the
applicable life limit specified in paragraphs (g)(1) through (g)(5), or
within 30 days after the effective date of the AD, whichever occurs
later.
    We agree with the commenter's request. In consideration of the
average utilization rate of affected U.S. operators, the practical
aspects of an orderly modification of the U.S. fleet during regular
maintenance periods, and the availability of required modification
parts, we have determined that a 3 month initial compliance time is
appropriate for replacing the MLG upper cardan. We have changed
paragraph (g) of this AD accordingly.

Request To Reference Next Higher Part Number Assembly

    Lufthansa Technik requested that the part number for the next
higher assembly of MLG cardan part number (P/N) 201163620 be referenced
in the NPRM (80 FR 11964, March 5, 2015). The commenter stated that the
NPRM and corresponding EASA AD 2014-0141, dated June 4, 2014, reference
P/N 201163620, but that part number is not identified in the aircraft
illustrated parts catalog (AIPC). The commenter is concerned that if
operators only look in the AIPC to see if P/N 201163620 is identified,
and it is not there, they may falsely think that their airplanes would
not be affected by the NPRM.
    We do not agree with the commenter's request. Although MLG cardan
P/N 201163620 is not included in the AIPC, it is identified in Airbus
A318/A319/A320/A321 ALS Part 1--Safe Life Airworthiness Limitation
Items, which is part of the approved type design for these airplanes.
Therefore, we have not changed this AD in this regard.

Clarification of Parts Installation Limitation

    In paragraph (j) of the proposed AD (NPRM (80 FR 11964, March 5,
2015), we referred to applicable life limits in paragraphs (g)(1)
through (g)(5) of the proposed AD. For airplanes other than those
identified paragraphs (g)(1) through (g)(5) of the proposed AD, the
life limit is in Airbus A318/A319/A320/A321 ALS Part 1--Safe Life
Airworthiness Limitation, Revision 02, dated May 13, 2011, as specified
in paragraph (h)(5) of this AD. In addition, if a part is transferred
between airplanes, operators must adjust the life limit using the
method specified in Airbus A318/A319/A320/A321 ALS Part 1--Safe Life
Airworthiness Limitation, Revision 02, dated May 13, 2011, as specified
in paragraph (h)(3) of this AD. We have clarified paragraph (j) of this
AD by also referring to paragraphs (h)(3) and (h)(5) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (80 FR 11964, March 5, 2015) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (80 FR 11964, March 5, 2015).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Airbus has issued A318/A319/A320/A321 ALS Part 1--Safe Life
Airworthiness Limitation Items, Revision 02, dated May 13, 2011. This
document provides revised instructions and life limits for
airworthiness limitations items. 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 AD.

Costs of Compliance

    We estimate that this AD affects 851 airplanes of U.S. registry.
    We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $0 per product.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be $72,335, or $85 per product.

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0244; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2015-22-08 Airbus: Amendment 39-18313. Docket No. FAA-2015-0244;
Directorate Identifier 2014-NM-127-AD.

(a) Effective Date

    This AD becomes effective December 10, 2015.

(b) Affected ADs

    For airplanes with configurations specified in paragraphs (g)(1)
through (g)(5) of this AD: Paragraph (g) of this AD terminates the
life limit specified in paragraph (n)(1) of AD 2014-23-15, Amendment
39-18031 (80 FR 3871, January 26, 2015), for airplanes having a main
landing gear (MLG) upper cardan part number (P/N) 201163620.

(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 A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (3) Model A320-211, -212, -214, -231, -232, and -233 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Reason

    This AD was prompted by a cracked upper cardan in the main
landing gear (MLG). We are issuing this AD to prevent failure of the
upper cardan in the MLG, which could result in MLG collapse and
subsequent damage to the airplane and injury to occupants.

(f) Compliance

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

(g) Revision to Maintenance or Inspection Program

    For airplanes having a MLG upper cardan part number (P/N)
201163620: Within 30 days after the effective date of this AD,
revise the maintenance or inspection program, as applicable, to
incorporate the applicable life limits for the MLG upper cardan P/N
201163620 specified in paragraphs (g)(1) through (g)(5) of this AD
and the life limit clarifications specified in paragraph (h) of this
AD. The initial compliance time for replacing the MLG upper cardan
is prior to the applicable life limit specified in paragraphs (g)(1)
through (g)(5) of this AD, or within 3 months after the effective
date of this AD, whichever occurs later. Accomplishing this revision
terminates the life limit required by paragraph (n)(1) of AD 2014-
23-15, Amendment 39-18031 (80 FR 3871, January 26, 2015), for the
MLG upper cardan P/N 201163620 for that airplane only.
    (1) For Airbus Model A319 series airplanes, pre-Airbus
Modification 26644, excluding corporate jets post-Airbus
Modification 28238, 28162, and 28342: The life limit is 50,590 total
flight cycles.
    (2) For Airbus Model A319 series airplanes, post-Airbus
Modification 26644, excluding corporate jets post-Airbus
Modification 28238, 28162, and 28342: The life limit is 56,480 total
flight cycles.
    (3) For Airbus Model A320 series airplanes pre-Airbus
Modification 26644 having weight variant (WV) WV011, WV012, WV016,
or WV018: The life limit is 50,590 total flight cycles.
    (4) For Airbus Model A320 series airplanes post-Airbus
Modification 26644, having WV011, WV012, WV016, or WV018: The life
limit is 56,480 total flight cycles.
    (5) For Airbus Model A320 series airplanes post-Airbus
Modification 26644, having WV015 or WV017: The life limit is 42,140
total flight cycles.

(h) Additional Life Limit Clarifications

    (1) The life limits specified in paragraphs (g)(1) through
(g)(5) of this AD are total flight cycles accumulated by the MLG
since first installation on an airplane.
    (2) The life limits specified in paragraphs (g)(1) through
(g)(5) of this AD are applicable only for the airplane model,
configuration and WV specified in those paragraphs.
    (3) If a part is transferred between airplanes having a
different life limit for the MLG unit, adjust the life limit using
the method specified in Airbus A318/A319/A320/A321 ALS Part 1--Safe
Life Airworthiness Limitation Items, Revision 02, dated May 13,
2011.

    Note 1 to paragraphs (h)(3) and (h)(5) of this AD: Airbus A318/
A319/A320/A321 ALS Part 1--Safe Life Airworthiness Limitation Items,
Revision 02, dated May 13, 2011, is already required by paragraph
(n) of AD 2014-23-15, Amendment 39-18031 (80 FR 3871, January 26,
2015).

    (4) A MLG unit on which Airbus Modification 26644 is installed
is also known as ``enhanced'' landing gear and is identified as P/N
201582xxx Leg and Dressing Series. A MLG unit that does not have
Airbus Modification 26644 installed is identified as P/N 201375xxx
Leg and Dressing Series. (The xxx designation is a placeholder for
numbers).
    (5) For airplanes with configurations not specified in
paragraphs (g)(1) through (g)(5) of this AD, the life limit for the
MLG unit is specified in Airbus A318/A319/A320/A321 ALS Part 1--Safe
Life Airworthiness Limitation Items, Revision 02, dated May 13,
2011.

(i) No Alternative Actions and Intervals

    After the maintenance or inspection program, as applicable, has
been revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (k)(1) of this AD.

(j) Parts Installation Limitation

    As of the effective date of this AD, a MLG upper cardan having
P/N 201163620 may be installed on an airplane, provided the part
life has not exceeded the applicable life limit specified in
paragraphs (g)(1) through (g)(5) of this AD, paragraph (h)(3) of
this AD, and paragraph (h)(5) of this AD, and is replaced with a
serviceable part prior to exceeding the applicable life limit
specified in paragraphs (g)(1) through (g)(5) of this AD, paragraph
(h)(3) of this AD, and paragraph (h)(5) 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
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(l) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA Airworthiness Directive 2014-0141, dated June 4, 2014, for
related information. This MCAI may be found in the AD docket on the
Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-
0244.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus A318/A319/A320/A321 ALS Part 1--Safe Life
Airworthiness Limitation Items,

Revision 02, dated May 13, 2011. The revision level of this document
is identified on only the title page and in the Record of Revisions.
The revision date is not identified on the title page of this
document.
    (ii) Reserved.
    (3) For 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.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 22, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-27925 Filed 11-4-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Notices]
[Page 8193]
[FR Doc No: 2016-03320]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: ER10-1484-012.
    Applicants: Shell Energy North America (US), L.P.
    Description: Supplement to November 11, 2015 Notice of Non-Material
Change in Status of Shell Energy North America (US), L.P.
    Filed Date: 2/10/16.
    Accession Number: 20160210-5204.
    Comments Due: 5 p.m. ET 3/2/16.

    Docket Numbers: ER15-1332-004; ER10-2397-003; ER10-2403-005; ER10-
2425-005; ER15-1020-002; ER15-1333-004.
    Applicants: Arbuckle Mountain Wind Farm LLC, Arlington Wind Power
Project LLC, Cloud County Wind Farm, LLC, Pioneer Prairie Wind Farm I,
LLC, Rising Tree Wind Farm III LLC, Waverly Wind Farm LLC.
    Description: Notice of Non-Material Change in Status of Arbuckle
Mountain Wind Farm LLC, et al.
    Filed Date: 2/10/16.
    Accession Number: 20160210-5212.
    Comments Due: 5 p.m. ET 3/2/16.

    Docket Numbers: ER16-711-001.
    Applicants: Pio Pico Energy Center, LLC.
    Description: Tariff Amendment: Amendment to MBR to be effective 3/
1/2016.
    Filed Date: 2/11/16.
    Accession Number: 20160211-5093.
    Comments Due: 5 p.m. ET 3/3/16.

    Docket Numbers: ER16-922-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Amendment of LGIA, Service
Agreement No. 157 to be effective 4/11/2016.
    Filed Date: 2/10/16.
    Accession Number: 20160210-5168.
    Comments Due: 5 p.m. ET 3/2/16.

    Docket Numbers: ER16-923-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Sec.  205(d) Rate Filing: OATT EIM Changes to be
effective 4/1/2012.
    Filed Date: 2/10/16.
    Accession Number: 20160210-5196.
    Comments Due: 5 p.m. ET 3/2/16.

    Docket Numbers: ER16-924-000.
    Applicants: Portland General Electric Company.
    Description: Initial rate filing: Service Agreement Under Portland
General Electric Companys OATT to be effective 3/1/2016.
    Filed Date: 2/11/16.
    Accession Number: 20160211-5000.
    Comments Due: 5 p.m. ET 3/3/16.

    Docket Numbers: ER16-925-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: LGIA (SA No. 2260) between
NMPC and Indeck-Corinth to be effective 11/19/2015.
    Filed Date: 2/11/16.
    Accession Number: 20160211-5001.
    Comments Due: 5 p.m. ET 3/3/16.

    Docket Numbers: ER16-926-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3164 Aksamit Resource
Management, LLC GIA to be effective 1/19/2016.
    Filed Date: 2/11/16.
    Accession Number: 20160211-5038.
    Comments Due: 5 p.m. ET 3/3/16.

    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: February 11, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-03320 Filed 2-17-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 126 (Monday, July 1, 2013)]
[Notices]
[Pages 39345-39346]
[FR Doc No: 2013-15658]

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

[Investment Company Act Release No. 30567; File No. 812-14066]

ACS Wireless, Inc.; Notice of Application

AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application under section 3(b)(2) of the Investment
Company Act of 1940 (``Act'').

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    Summary of Application: ACS Wireless, Inc. (``ACS Wireless'') seeks
an order under section 3(b)(2) of the Act declaring it to be primarily
engaged in a business other than that of investing, reinvesting,
owning, holding or trading in securities. ACS Wireless is primarily
engaged in providing wireless communications services.
    Applicant: ACS Wireless, Inc.

DATES: Filing Dates: The application was filed on August 3, 2012, and
amended on January 30, 2013, and June 24, 2013.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicant with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on July 18, 2013, and should be accompanied by proof of
service on applicant, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549-1090; Applicant:
600 Telephone Avenue, Anchorage, AK 99503-6091.

FOR FURTHER INFORMATION CONTACT: Deepak T. Pai, Senior Counsel, at
(202) 551-6876, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Exemptive Applications Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.
    Applicant's Representations:
    1. ACS Wireless, an Alaska corporation, was incorporated on July
31, 1995 under the name MACTEL INC. Alaska Communications Systems
Group, Inc. (``ACS Group''), an Anchorage, Alaska-based
telecommunications company listed on the NASDAQ Stock Market, purchased
MACTEL INC. in May 1999 and renamed it ACS Wireless, Inc. ACS Wireless
has since operated as a wholly-owned subsidiary of ACS Group, held
through ACS Group's wholly-owned subsidiary Alaska Communications
Systems Holdings, Inc. (``ACS Holdings''). ACS Wireless states that it
is an Alaska-based telecommunications company that is primarily engaged
in providing wireless communications services and is not presently an
investment company as defined in section 3(a) of the Act.
    2. On June 4, 2012, ACS Group, ACS Wireless, and General
Communications, Inc. (``GCI'') and GCI Wireless Holdings, LLC (``GCI
Wireless'') agreed to form a joint venture in which each would
contribute substantially all the assets used in its wireless businesses
(other than its retail wireless business) and certain related
telecommunications transport assets to a newly formed limited liability
company, The Alaska Wireless Network, LLC (``AWN'') (the
``Transaction''). ACS Wireless will sell or license certain assets used
primarily in ACS Group's wireless activities and its related data
transport business to GCI for $100 million in cash. ACS Wireless will
transfer to AWN all remaining tangible and intangible assets owned,
leased or held by ACS Wireless or any of its affiliates used primarily
in connection with the conduct of ACS Group's wireless activities
(other than its retail wireless business) and its related data
transport business. Upon completion of the Transaction, ACS Wireless
will become a member of AWN, and AWN will be owned 66\2/3\% by GCI
Wireless and 33\1/3\% by ACS Wireless. Under the terms of the
Transaction, AWN will be primarily engaged in providing wholesale
wireless communications services to its members. The Transaction
agreements contemplate that the Transaction will close no later than
the third quarter of 2013.
    3. Applicant submits that the Transaction will not change the
fundamental nature of its business, which is providing wireless
telecommunications services to consumers and businesses in Alaska.
Under section 2(a)(9) of the Act, ACS Wireless will presumptively
``control'' AWN because it will own more than 25% of the company's
voting securities and will exercise a controlling influence over the
management or policies of AWN through ACS Group's position on the board
of directors and through certain contractual rights that prevent AWN
from taking significant actions without the approval of ACS
Wireless.\1\
---------------------------------------------------------------------------

    \1\ Section 2(a)(9) of the Act defines ``control'' as the power
to exercise a controlling influence over the management or policies
of a company, and creates a presumption that an owner of more than
25% of the outstanding voting securities of a company controls the
company.
---------------------------------------------------------------------------

    Applicant's Legal Analysis:
    1. Under section 3(a)(1)(C) of the Act, an issuer is an investment
company if it is engaged or proposes to engage in the business of
investing, reinvesting, owning, holding or trading in securities, and
owns or proposes to acquire investment securities having a value in
excess of 40% of the value of the issuer's total assets (exclusive of
Government securities and cash items) on an unconsolidated basis.
Section 3(a)(2) of the Act defines investment securities to include all
securities except Government securities, securities issued by
employees' securities companies, and securities issued by majority-
owned subsidiaries of the owner which are not investment companies and
which are not excepted from the definition of investment company in
section 3(c)(1) or 3(c)(7) of the Act.
    2. At present, ACS Wireless is not an investment company as defined
in section 3(a) of the Act because none of its total assets (other than
U.S. government securities and cash items) on an unconsolidated basis,
as of December 31, 2012, consist of investment securities. ACS Wireless
states that as a result of the Transaction, however, it will in effect
have converted the majority of its existing assets into assets that may
constitute an investment security in a controlled, but not primarily
controlled, entity. The book value of ACS Wireless' interest in AWN is
anticipated to constitute substantially more than 50% of its total
unconsolidated assets, with the remaining portion consisting of its
retail-related wireless assets as well as certain directly-owned
assets. Applicant states that the assets to be contributed by ACS
Wireless to AWN will cause the

total percentage of investment securities held by ACS Wireless to
increase to approximately 93.8% of ACS Wireless' total assets on an
unconsolidated basis. Thus, as a result of the Transaction, ACS
Wireless may be considered an investment company within the meaning of
section 3(a)(1)(C) of the Act.
    3. Section 3(b)(2) of the Act provides that, notwithstanding
section 3(a)(1)(C), the Commission may issue an order declaring an
issuer to be primarily engaged in a business other than that of
investing, reinvesting, owning, holding or trading in securities either
directly, through majority-owned subsidiaries, or controlled companies
conducting similar types of businesses. ACS Wireless requests an order
under section 3(b)(2) of the Act declaring that it is primarily engaged
in a business other than that of investing, reinvesting, owning,
holding or trading in securities.\2\
---------------------------------------------------------------------------

    \2\ ACS Group's counsel has advised ACS Group that neither it
nor ACS Holdings should be deemed an investment company if the
requested order is granted to ACS Wireless.
---------------------------------------------------------------------------

    4. In determining whether a company is ``primarily engaged'' in a
non-investment company business under section 3(b)(2), the Commission
considers: (a) the company's historical development, (b) its public
representations of policy, (c) the activities of its officers and
directors, (d) the nature of its present assets, and (e) the sources of
its present income.\3\
---------------------------------------------------------------------------

    \3\ See Tonopah Mining Company of Nevada, 26 SEC 426, 427
(1947).
---------------------------------------------------------------------------

    a. Historical Development. ACS Wireless states that it has been in
the business of providing wireless telecommunications services since
1995, including providing facilities-based voice and data services to
individual and business customers throughout Alaska, with roaming
coverage available in the lower 48 states, Hawaii and Canada.
    b. Public Representations of Policy. Applicant states that both ACS
Wireless and its parent company, ACS Group, are part of a well-known
communications company in Alaska and neither have ever portrayed
themselves as anything other than a communications company. Through
public statements, reports to shareholders, periodic filings with the
Commission, public advertising and information contained on ACS Group's
Web site, ACS Wireless and ACS Group have invariably represented that
ACS Wireless is primarily engaged in the business of telecommunications
services.
    c. Activities of Officers and Directors. ACS Wireless states that
the board of directors (the ``Directors'') and executive officers (the
``Officers'') of ACS Wireless are primarily engaged in managing ACS
Wireless' cellular telephone business and that of its affiliates. The
CFO and the Vice President of Finance of ACS Wireless spend less than
10% and 5% of their time, respectively, managing cash and cash
equivalents at the holding company level.\4\ Officers and Directors of
ACS Wireless other than the CFO and the Vice President of Finance spend
less than 5% of their time addressing such matters. Neither the
Directors nor the Officers otherwise dedicate any time to investing,
reinvesting, owning, holding or trading in investment securities.
---------------------------------------------------------------------------

    \4\ Treasury functions related to the assets of ACS Wireless
including the managing and holding of cash and cash equivalents are
performed at the holding company level by ACS Holdings.
---------------------------------------------------------------------------

    d. Nature of Assets. Applicant states that, as of December 31,
2012, ACS Wireless' directly-owned assets included: (i) $20.7 million
of current assets including cash, accounts receivable, material,
supplies, prepayment and other current assets (``Current Assets''), and
(ii) $74.2 million of property and plant and equipment (``PP&E'').\5\
Applicant states that many of the assets categorized as Current Assets
will remain with ACS Wireless after the Transaction and will not be
contributed to AWN, as they are primarily related to ACS Wireless'
retail wireless business. Certain receivables, PP&E, and certain
Contributed Affiliate Assets \6\ will be contributed to AWN. Applicant
represents that following the Transaction, a majority of ACS Wireless'
assets will be comprised of its interest in AWN, which will be a
controlled company engaged in the wireless communications industry.
Applicant states that, on a pro forma basis post-Transaction, its
assets will consist of approximately 6.2% of directly-owned assets and
approximately 93.8% of controlled company assets on an unconsolidated
basis.\7\
---------------------------------------------------------------------------

    \5\ PP&E includes cell towers, leases, electronic equipment, and
other similar assets.
    \6\ ACS Group will cause certain of its other subsidiaries to
transfer wireless spectrum licenses and certain network usage rights
assets to ACS Wireless immediately prior to the Transaction
(collectively ``Contributed Affiliate Assets'').
    \7\ Applicant states that the valuations have been determined in
accordance with section 2(a)(41) of the Act.
---------------------------------------------------------------------------

    e. Sources of Income. ACS Wireless states that it derives all of
its income from its wireless businesses. For accounting purposes ACS
Wireless is not a separate financial reporting segment of ACS Group and
therefore ACS Group does not track ACS Wireless' expenses separately,
although it does track ACS Wireless' revenue for business purposes. As
noted in the application, all of ACS Wireless' revenue, as of December
31, 2012, is attributable to the directly-owned assets of its wireless
telecommunications business. Dividends, interest and gains, and losses
on sales of securities currently constitute no portion of the ACS
Wireless' revenue. Applicant states that post-Transaction, on a pro
forma basis, for the twelve months ended December 31, 2012, its revenue
was $160,721,000 of which 51.6% would be attributable to directly-owned
assets and 48.4% would be attributable to controlled companies.\8\
Applicant also states that it will receive distributions from AWN
following the Transaction which will include a preferred distribution
for the first four years, intended to present a stable cash flow to ACS
Wireless, and thereafter will be one-third of AWN's distributions.
Distributions from AWN and revenue from operations conducted directly
by ACS Wireless are anticipated to be ACS Wireless' only sources of
revenue following the Transaction.
---------------------------------------------------------------------------

    \8\ Applicant states that this figure represents revenue related
to assets to be contributed by ACS Wireless to AWN. This figure does
not include revenue related to assets to be contributed to AWN by
GCI, as that revenue information is not yet available. Thus, this
revenue figure also does not represent the ultimate revenue ACS
Wireless will record, which will be applicant's one-third share of
AWN's combined net income.
---------------------------------------------------------------------------

    5. ACS Wireless thus states that it meets the factors that the
Commission considers in determining whether an issuer is primarily
engaged in a business other than that of investing, reinvesting,
owning, holding or trading in securities.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M O'Neill,
Deputy Secretary.
[FR Doc. 2013-15658 Filed 6-28-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Rules and Regulations]
[Pages 5129-5131]
[FR Doc No: 2020-01287]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0830]
RIN 1625-AA87

Security Zone; Super Bowl 2020, Bayfront Park, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone over
certain navigable waters of Biscayne Bay during Super Bowl 2020 events
in Miami, Florida. The security zone is necessary to protect the
official party, public, and surrounding waterway from terrorist acts,
sabotage or other subversive acts, accidents, or other hazards of a
similar nature. This regulation requires vessels transit through the
security zone at a steady speed and not stop or anchor unless
authorized by the Captain of the Port Miami (COTP) or a designated
representative.

DATES: This rule is effective without actual notice from January 29,
2020 through February 3, 2020. For the purposes of enforcement, actual
notice will be used from January 26, 2020, until January 29, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0830 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,
contact Omar Beceiro, Sector Miami Waterways Management Division, U.S.
Coast Guard at<PHONE_NUMBER> or by email<EMAIL_ADDRESS>
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 City of Miami will be hosting Super Bowl LIV (54) on February
2, 2020. In addition, several venues and hotels in the City of Miami
downtown area will host Super Bowl-related events during the week
preceding the Super Bowl. Major event venues include Bayfront Park,
Adrienne Arsht Center for the Performing Arts, and JW Marriott Marquis
Hotel. The Coast Guard anticipates these events will draw large crowds
and present a security concern since the venues may be accessed from or
are in close proximity to the Biscayne Bay waterfront. The COTP has
determined the ease of waterfront access to the various venues hosting
Super Bowl events present a security concern

for attendees. In response, the Coast Guard published a notice of
proposed rulemaking (NPRM) on November 5, 2019, titled ``Security Zone;
Super Bowl 2020, Bayfront Park, Miami, FL'' (84 FR 59602). There we
stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this security zone. During the comment
period that ended December 5, 2019, we received 13 comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that 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 and contrary to the public interest
because immediate action is needed to respond to potential security
concerns associated with the Super Bowl and related acitivities and
events.

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 COTP has determined the ease of
waterfront access to various venues hosting Super Bowl events presents
a security concern for attendees and surrounding waterways. The purpose
of this rulemaking is to ensure security of the public, Very important
persons, official party and surrounding waterway from terrorist acts,
sabotage or other subversive acts, accidents, or other hazards of a
similar nature.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, the Coast Guard received 13 comments on the NPRM
during the comment period which closed on December 5, 2019. Twelve
comments were in favor of the Coast Guard establishing the security
zone during the week of Super Bowl activities. One comment sought to
clarify whether private parties would be allowed to access the security
zone before, during and after the Super Bowl. This regulation will
permit private vessels to transit the security zone but not stop or
anchor unless authorized by the COTP or a designated representative.
One of the 12 supporting comments asked that affected businesses be
given ample notification prior to the Coast Guard enforcing the
security zone. The NPRM which published on Novermber 5, 2019, provided
approximately 11 weeks notice of the security zone to potentially
affected persons, vessels, and facilities. In addition, the Coast Guard
will notify the local maritime community of the security zone through
various means including, local notice mariners and broadcast notice to
mariners issued on VHF-FM marine radio channel 16.
    There are no changes in the regulatory text of this rule from the
proposed rule in the NPRM.
    This rule establishes a temporary security zone that will be
enforced 24 hours a day beginning at 8:00 a.m. on January 26, 2020
until 8:00 a.m. on February 3, 2020. The temporary security zone would
cover all navigable waters of the Intracoastal Waterway in Biscayne Bay
from approximately Venetian Causeway south to and including a portion
of the Miami River. The duration of the temporary security zone is
intended to ensure the security of the public, executives, official
party and surrounding waterway before, during, and after the various
Super Bowl-related events in the Downtown area of Miami, Florida. All
persons and vessels will be required to transit the security zone at a
steady speed and may not slow down, stop, or anchor 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, and duration of the security zone. The security zone will
only affect a small area of Biscayne Bay near Bayfront Park in the Port
of Miami for approximately eight days and thus is limited in time and
scope. Vessels will be able to transit the security zone along the
Intracoastal Waterway with the only restriction being the inability to
stop or anchor within the zone. Moreover, upon activating the security
zone, the Coast Guard will notify the local maritime community through
various means including, Local Notice Mariners and Broadcast Notice to
Mariners issued on VHF-FM marine radio channel 16.

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
security 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section.

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
temporary security zone lasting approximately eight days that would
prohibit vessels from stopping or anchoring within the zone. Normally
such actions are categorically excluded from further review under
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. 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. 0170.1.

0
2. Add Sec.  165.T07-0830 to read as follows:

Sec.  165.T07-0830  Security Zone; Super Bowl 2020, Bayfront Park,
Miami, FL

    (a) Regulated Areas. The following is a temporary security zone:
    (1) All waters of Biscayne Bay within the following points:
Beginning at Point 1 in position 25[deg]47'13'' N, 80[deg]11'6'' W;
thence east to Point 2 in position 25[deg]47'13'' N, 80[deg]10'48'' W;
thence south to Point 3 in position 25[deg]46'11'' N, 80[deg]10'48'' W;
thence west to Point 4 in position 25[deg]46'11'' N, 80[deg]11'27'' W;
thence north to Point 5 in position 25[deg]46'15'' N, 80[deg]11'27'' W;
thence east to Point 6 in position 25[deg]46'15'' N, 80[deg]11'6'' W;
thence back to origin at Point 1.
    (b) Definition. The term designated representative means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the COTP
in the enforcement of the security zone.
    (c) Regulations. (1) All persons and vessels are required to
transit the security zone at a steady speed and may not slow down,
stop, or anchor except in the case of unforeseen mechanical failure or
other emergency. Any persons or vessels forced to slow or stop in the
zone shall immediately notify the COTP via VHF channel 16.
    (2) Persons who must notify or request authorization from the COTP
may do so by telephone at<PHONE_NUMBER>, or may contact a designated
representative via VHF radio on channel 16.
    (3) If authorization to anchor, or remain within the security zone
is granted by the COTP or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the COTP or the designated representative.
    (d) Enforcement Period. This rule will be enforced from 8 a.m. on
January 26, 2020 through 8 a.m. on February 3, 2020.

    Dated: January 10, 2020.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2020-01287 Filed 1-28-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Notices]
[Pages 14615-14616]
[FR Doc No: 2022-05448]

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DEPARTMENT OF TRANSPORTATION

Notice of Extension To Solicit Transit Advisory Committee for
Safety Member Applications

AGENCY: Federal Transit Administration, Department of Transportation.

ACTION: Notice of extension to solicit Transit Advisory Committee for
Safety Member Applications.

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SUMMARY: The Federal Transit Administration (FTA) is extending the
solicitation seeking applications for individuals to serve as members,
for two-year terms, on the Transit Advisory Committee for Safety
(TRACS), which was published on February 7, 2022, with the original
solicitation closing date of March 9, 2022. The TRACS provides
information, advice, and recommendations to the U.S. Secretary of
Transportation (Secretary) and FTA Administrator (Administrator) in
response to tasks assigned to TRACS. The TRACS does not exercise
program management responsibilities and makes no decisions directly
affecting the programs on which it provides advice. The Secretary may
accept or reject a recommendation made by TRACS and is not bound to
pursue any recommendation from TRACS.

DATES: Interested persons must submit their applications to FTA by
April 8, 2022.

FOR FURTHER INFORMATION CONTACT: Joseph DeLorenzo, TRACS Designated
Federal Officer, Associate Administrator, FTA Office of Transit Safety
and Oversight,<PHONE_NUMBER>, [email protected]; or Bridget
Zamperini, TRACS Program Manager, FTA Office of Transit Safety and
Oversight, [email protected]. Please address all mail to the Office of
Transit Safety and Oversight, Federal Transit Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Nominations

    FTA invites qualified individuals interested in serving on TRACS to
apply to FTA for appointment. The Administrator will recommend nominees
for appointment by the Secretary. Appointments are for two-year terms;
however, a member may reapply to serve additional terms, in the event
that the TRACS Charter is renewed. Applicants should be knowledgeable
of trends and issues related to rail transit and/or bus transit safety.
Along with their experience in the rail transit and/or bus transit
industry, applicants will also be evaluated and selected based on
factors including leadership and organizational skills, region of the
country represented,

diversity characteristics, and the overall balance of industry
representation.
    Each application should include the applicant's name and
organizational affiliation; a cover letter describing the applicant's
qualifications and interest in serving on TRACS; a curriculum vitae or
resume of the applicant's qualifications; and contact information
including the applicant's address, phone number, fax number, and email
address. Self-application and application through nomination of others
are acceptable. FTA prefers electronic submissions for all
applications, via email to [email protected]. Applications will also be
accepted via mail at the address identified in the FOR FURTHER
INFORMATION CONTACT section of this notice.
    FTA expects to nominate up to 25 representatives from the public
transportation safety community for immediate TRACS membership. The
Secretary, in consultation with the Administrator, will make the final
selection decision.
    This notice is provided in accordance with the Federal Advisory
Committee Act (Pub. L. 92-463, 5 U.S.C. App. 2). Please see the TRACS
website for additional information at https://www.transit.dot.gov/regulations-and-guidance/safety/transit-advisory-committee-safety-tracs.

Nuria I. Fernandez,
Administrator.
[FR Doc. 2022-05448 Filed 3-14-22; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Pages 9841-9843]
[FR Doc No: 2015-03665]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74291; File No. SR-MIAX-2015-09]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Its Fee Schedule

February 18, 2015.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on February 5, 2015, Miami International
Securities Exchange LLC (``MIAX'' or ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') a proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposal to amend the MIAX Options Fee
Schedule.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX'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
    The Exchange proposes to amend the MIAX Select Symbols \3\ section
of the Priority Customer Rebate Program (the ``Program'') \4\ to
replace the option class ``WAG'' with ``WBA''.
---------------------------------------------------------------------------

    \3\ The term ``MIAX Select Symbols'' currently means options
overlying AA, AAL, AAPL, AIG, AMAT, AMD, AMZN, BA, BABA, BBRY, BIDU,
BP, C, CAT, CBS, CELG, CLF, CVX, DAL, EBAY, EEM, FB, FCX, GE, GILD,
GLD, GM, GOOGL, GPRO, HAL, HTZ, INTC, IWM, JCP, JNJ, JPM, KMI, KO,
MO, MRK, NFLX, NOK, NQ, ORCL, PBR, PFE, PG, QCOM, QQQ, RIG, S, SPY,
SUNE, T, TSLA, USO, VALE, VXX, WAG, WFC, WMB, WY, X, XHB, XLE, XLF,
XLP, XOM, XOP, and YHOO.
    \4\ See Securities Exchange Act Release Nos. 73328 (October 9,
2014), 79 FR 62230 (October 16, 2014) (SR-MIAX-2014-50); 72567 (July
8, 2014), 79 FR 40818 (July 14, 2014) (SR-MIAX-2014-34); 72356 (June
10, 2014), 79 FR 34384 (June 16, 2014) (SR-MIAX-2014-26); 71698
(March 12, 2014), 79 FR 15185 (March 18, 2014) (SR-MIAX-2014-12);
71700 (March 12, 2014), 79 FR 15188 (March 18, 2014) (SR-MIAX-2014-
13); 71283 (January 10, 2014), 79 FR 2914 (January 16, 2014) (SR-
MIAX-2013-63); 71009 (December 6, 2013), 78 FR 75629 (December 12,
2013) (SR-MIAX-2013-56).
---------------------------------------------------------------------------

    Walgreens recently completed a corporate transaction that resulted
in Walgreens becoming a wholly owned subsidiary of Walgreens Boots
Alliance, Inc., and shares of Walgreens common stock being converted
into shares of Walgreens Boots Alliance common stock on a one-for-one
basis. In addition, the new shares of Walgreens Boots Alliance were
given a new symbol ``WBA''. The Exchange now proposes to amend the Fee
Schedule to change the symbol in the MIAX Select Symbols from ``WAG''
to ``WBA'' to correspond with this change. The change is designed to
ensure that there is no confusion amongst market participants that
Walgreens will continue to remain in the MIAX Select Symbols. Walgreens
completed its corporate transaction on December 30, 2014, with the new
symbol commencing trading on December 31, 2014.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \5\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \6\ in particular, in that it
is an equitable allocation of reasonable fees and other charges among
Exchange members.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    In particular, the proposal to change the Walgreens symbol to its
new designation is consistent with the Act because the proposed change
is merely updating the corresponding symbol to allow for Walgreens to
continue to remain in the MIAX Select Symbols. The proposed change will
allow for continued benefit to investors by providing them an updated
reference to a symbol in the Fee Schedule.
    The Exchange believes that the proposal to modify the Program to
amend an option class that qualifies for the credit for transactions in
MIAX Select Symbols is fair, equitable and not unreasonably
discriminatory. The credit for transactions in the select symbols is
reasonably designed because it will incent providers of Priority
Customer order flow to send that Priority Customer order flow to the
Exchange in order to receive a credit in a manner that enables the
Exchange to improve its overall competitiveness and strengthen its
market quality for all market participants. The Program which provides
increased incentives in high volume select symbols is also reasonably
designed to increase the competitiveness of the Exchange with other
options exchanges that also offer increased incentives to higher volume
symbols. The proposed change to the rebate Program is fair and
equitable and not unreasonably discriminatory because it will apply
equally to all Priority Customer orders in the select symbols. All
similarly situated Priority Customer orders in the select symbols are
subject to the same rebate schedule, and access to the Exchange is
offered on terms that are not unfairly discriminatory. In addition, the
Program is equitable and not unfairly discriminatory because, while
only Priority Customer order flow qualifies for the Program, an
increase in Priority Customer order flow will bring greater volume and
liquidity, which benefit all market participants by providing more
trading opportunities and tighter spreads.

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. The proposed rule change is a
not a competitive filing but rather is designed to update the new
underlying symbol for Walgreens in order to avoid potential confusion
on the part of market participants.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\7\ 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2015-09 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2015-09. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule

change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-MIAX-2015-09 and should be submitted on or before March
17, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-03665 Filed 2-23-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47615-47616]
[FR Doc No: 2017-22169]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0960]

Drawbridge Operation Regulation; Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the upper deck of the Steel Bridge
across the Willamette River, mile 12.1, in Portland, OR. The deviation
is necessary to support the Annual Run Like Hell Half Marathon event.
This deviation allows the upper lift span of the bridge to remain in
the closed-to-navigation position to ensure the safety of construction
crew members.

DATES: This deviation is effective from 8 a.m. until 11:30 a.m. on
October 22, 2017.

ADDRESSES: The docket for this deviation, USCG-2017-0960, is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Union Pacific Railroad Company (UPRR),
bridge owner, has requested a temporary deviation from the operating
schedule for the Steel Bridge across the Willamette River, at mile
12.1, in Portland, OR. The deviation is necessary to accommodate the
Annual Run Like Hell Half Marathon event. The City of Portland is
sponsoring the race and event. The Steel Bridge is a double-deck lift
bridge with a lower lift deck and an upper lift deck which operate
independent of each other. To facilitate this paving operation, the
upper deck will remain in the closed-to-navigation position. When the
lower deck is in the closed-to-navigation position, the bridge provides
26 feet of vertical clearance above Columbia River Datum 0.0; and in
open-to-navigation position, the vertical clearance is 71 feet above
Columbia River Datum 0.0. The deviation period is from 8 a.m. to 11:30
a.m. on October 22, 2017. The lower deck for the Steel Bridge will
continue to operate in accordance with 33 CFR 117.897(c)(3)(ii), and at
the end of this deviation period, the upper deck of the Steel Bridge
will resume operating in accordance with 33 CFR 117.897(c)(3)(ii).
    Waterway usage on this part of the Willamette River includes
vessels ranging from commercial tug and barge to small pleasure craft.
Vessels able to pass through the bridge with the lower deck in the
open-to-navigation position or upper deck in the closed-to-navigation
position may do so at anytime. The upper lift and lower lift of the
Steel Bridge will be able to open for emergencies, and there is no
immediate alternate route for vessels to pass. The Coast Guard has
conducted public outreach regarding this closure of the upper deck on
the subject bridge to known mariners that transit on the river. The
Coast Guard has not received any objections to this temporary deviation
from the operating schedule. The Coast Guard will also inform the users
of the waterways through our Local and Broadcast Notices to Mariners of
the change in operating schedule for the bridge so that vessel
operators can arrange their transits to minimize any impact caused by
the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This

deviation from the operating regulations is authorized under 33 CFR
117.35.

    Dated: October 5, 2017.
Steven Michael Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2017-22169 Filed 10-12-17; 8:45 am]
 BILLING CODE 9110-04-P