[Federal Register: June 15, 2010 (Volume 75, Number 114)]
[Rules and Regulations]
[Page 33701-33704]
[DOCID:fr15jn10-14]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0409]
RIN 1625-AA87

Security Zone; Escorted U.S. Navy Submarines in Sector Honolulu
Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with requests for comments.

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SUMMARY: The Coast Guard is establishing a moving security zone around
all U.S. Navy submarines that are operating in the Sector Honolulu
Captain of the Port Zone, which includes Mamala Bay and coastal waters
of the State of Hawaii, and are being escorted by the U.S. Coast Guard.
This security zone is necessary to help ensure the security of the
submarines, their Coast Guard security escorts, and the general
maritime public. This security zone prohibits all persons and vessels
from coming within 1,000 yards of an escorted submarine unless
authorized by the Coast Guard patrol commander.

DATES: This interim rule is effective from June 15, 2010. The security
zone has been enforced with actual notice since June 12, 2010. Comments
and related material must reach the Coast Guard on or before July 15,
2010. Requests for public meetings must be received by the Coast Guard
on or before July 15, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0409 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these methods. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call Mr. Terry Rice, Enforcement Division, U.S. Coast Guard
District Fourteen, telephone<PHONE_NUMBER>. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking USCG-2010-0409, indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. If you submit a comment online via http://
www.regulations.gov, it will be considered received by the Coast Guard
when you successfully transmit the comment. If you fax, hand deliver,
or mail your comment, it will be considered as having been received by
the Coast Guard when it is received at the Docket Management Facility.
We recommend that you include your name and a mailing address, an e-
mail address, or a telephone number in the body of your document so
that we can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will

then become highlighted in blue. In the ``Document Type'' drop down
menu select ``Proposed Rule'' and insert ``USCG-2010-0409'' in the
``Keyword'' box. Click ``Search'' then click on the balloon shape in
the ``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and we may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0409'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act, system of
records notice regarding our public dockets in the January 17, 2008
issue of the Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one on or before July 15, 2010 to the Docket Management
Facility using one of the four methods specified under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.

Regulatory Information

    The Coast Guard is issuing this interim rule without prior notice
and opportunity to comment pursuant to section 4(a) of the
Administrative Procedure Act (APA)(5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C.(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because publishing an NPRM would be contrary to
the public interest since U.S. Navy submarine operations in the Sector
Honolulu Captain of the Port Zone are ongoing, making the security zone
created by this rule immediately necessary to help ensure the security
of the submarines, their Coast Guard security escorts, and the maritime
public in general.
    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 because waiting 30 days would be
contrary to the public interest for the same reasons discussed above.

Background and Purpose

    U.S. Navy submarines frequently operate in the Sector Honolulu
Captain of the Port Zone as defined in 33 CFR 3.70-10, which includes
Mamala Bay and coastal waters of the State of Hawaii. Due to the
numerous security concerns involved with submarine operations near
shore, the Coast Guard frequently provides security escorts of
submarines when operating in those areas. Security escorts of this type
require the Coast Guard personnel on-scene to make quick judgments
about the intent of vessels operating in close proximity to the
submarines and decide, occasionally with little information about the
vessel or persons on board, whether they pose a threat to the
submarine.
    The security zone established by this rule is necessary to keep
persons and vessels a sufficient distance away from submarines
operating in and around Mamala Bay and coastal waters of Hawaii so as
to (1) avoid unnecessary and potentially dangerous contact with or
distraction of Coast Guard security escorts and (2) give Coast Guard
security escorts additional time and space to determine the intent of
vessels that, for whatever reason, are operating too close to a
submarine. Both of these effects will help ensure the security of the
submarines, their Coast Guard security escorts, and the maritime public
in general.

Discussion of Rule

    This rule establishes a moving security zone encompassing all
waters within 1,000 yards of any U.S. Navy submarine that is operating
in the Sector Honolulu Captain of the Port Zone as defined in 33 CFR
3.70-10, which includes Mamala Bay and coastal waters of the State of
Hawaii, and is being escorted by the Coast Guard. All persons and
vessels are prohibited from entering the security zone unless
authorized by the Coast Guard patrol commander. While naval vessel
protection zones, under 33 CFR 165.2030, around these escorted U.S.
Navy submarines are still in effect, persons would need to seek
permission from the Coast Guard patrol commander to enter within 1,000
yards of these escorted submarines while they are in the Sector
Honolulu Captain of the Port Zone.

Regulatory Analyses

    We developed this interim rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    The Coast Guard has made this determination based on the fact that
(1) the security zone is only in effect for the short periods of time
when submarines are operating in and around Mamala Bay and other
coastal waters of Hawaii and being escorted by the Coast Guard, (2) the
security zone moves with the submarines, (3) vessels will be able to
transit around the security zone at most locations in Mamala Bay and
other coastal waters of Hawaii, and (4) vessels may, if necessary, be
authorized to enter the security zone with the permission of the Coast
Guard patrol commander.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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
would not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit an area covered by the security zone. The security
zone will not, however, have a significant economic impact on a
substantial number of small entities because (1) the security zone is
only in effect for the short periods of time when submarines are
operating in and around Mamala Bay and other coastal waters of Hawaii
and being escorted by the Coast Guard, (2) the security zone moves with
the submarines, (3) vessels will be able to transit around the security
zone at most locations in Mamala Bay and other coastal waters of
Hawaii, and (4) vessels may, if necessary, be authorized to enter the
security zone with the permission of the Coast Guard patrol commander.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this interim rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this interim rule
under that Order and have determined that it does not have implications
for federalism.

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 interim rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

    This interim rule will not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This interim rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this interim rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This interim rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.

Indian Tribal Governments

    This interim rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. We
invite your comments on how this interim rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.

Energy Effects

    We have analyzed this interim rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This interim rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this interim rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction. This interim rule involves the
establishment of a security zone. An environmental analysis checklist
and a categorical

exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec.  165.1412 to read as follows:

Sec.  165.1412  Security Zone; Escorted U.S. Navy Submarines in Sector
Honolulu Captain of the Port Zone.

    (a) Location. The following area is a security zone: all waters,
from the surface to the ocean floor, within 1,000 yards of any U.S.
Navy submarine that is (1) operating in the Sector Honolulu Captain of
the Port Zone, as defined in 33 CFR 3.70-10, and that (2) is being
escorted by the U.S. Coast Guard.
    (b) Regulations. In accordance with the general regulations in 33
CFR 165, Subpart D, no person or vessel may enter or remain in the
security zone created by paragraph (a) of this section unless
authorized by the Coast Guard patrol commander. The Coast Guard patrol
commander may be contacted via VHF Channel 16 or other means reasonably
available. 33 CFR part 165.30 and 165.33 contain additional provisions
applicable to the security zone created in paragraph (a) of this
section.
    (c) Effective period. This rule is effective from 6:00 a.m. on June
12, 2010 Hawaiian Standard Time (HST).
    (d) Notification. The Coast Guard security escort will attempt,
when necessary and practicable, to notify any persons or vessels inside
or in the vicinity of the security one created in paragraph (a) of this
section of the zone's existence via VHF Channel 16 or other means
reasonably available.
    (e) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: June 3, 2010.
S.E. Mehling,
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard
District.
[FR Doc. 2010-14298 Filed 6-14-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 73 (Monday, April 17, 2023)]
[Notices]
[Page 23502]
[FR Doc No: 2023-08022]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2003-15623]

Request for Comments of a Previously Approved Information
Collection: Procedures and Evidence Rules for Air Carrier Authority
Applications

AGENCY: Office of the Secretary, DOT.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Request (ICR)
abstracted below is being forwarded to the Office of Management and
Budget (OMB) for review and comments.

DATES: Comments must be submitted on or before May 17, 2023.

ADDRESSES: Send comments regarding the burden estimate, including
suggestions for reducing the burden, to the Office of Management and
Budget, Attention: Desk Officer for the Office of the Secretary of
Transportation, 725 17th Street NW, Washington, DC 20503.
    Comments are invited on: whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.

FOR FURTHER INFORMATION CONTACT: Barbara Snoden,<PHONE_NUMBER>, Office
of Aviation Analysis, Office of the Secretary, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590.

SUPPLEMENTARY INFORMATION: A Federal Register Notice with a 60-day
comment period soliciting comments on the following information
collection was published on February 7, 2023 (88 FR 8039). No comments
were received.
    OMB Control Number: 2106-0023.
    Title: Procedures and Evidence Rules for Air Carrier Authority
Application: 14 CFR part 201--Air Carrier Authority under Subtitle VII
of Title 49 of the United States Code--(Amended); 14 CFR part 291--
Cargo Operations in Interstate Air Transportation.
    Type of Request: Extension of a previously approved collection.
    Abstract: To determine the fitness of persons seeking authority to
engage in air transportation, the Department collects information from
them about their ownership, citizenship, managerial competence,
operating proposal, financial condition, and compliance history. The
specific information to be filed by respondents is set forth in 14 CFR
parts 201 and 204.
    Affected Public: Persons seeking initial or continuing authority to
engage in air transportation of persons, property, and/or mail.
    Number of Respondents: 69.
    Frequency: On occasion.
    Number of Responses: 207.
    Total Annual Burden: 10,215 hours.
    Authority: The Paperwork Reduction Act of 1995; 14 CFR part 215.

    Issued in Washington, DC, on April 12, 2023.
Lauralyn Jean Remo Temprosa,
Associate Director, Air Carrier Fitness Division, Office of Aviation
Analysis.
[FR Doc. 2023-08022 Filed 4-14-23; 8:45 am]
BILLING CODE 4910-9X-P


A Federal Advisory Committee for the U. S. Environmental Protection Agency's Office of Research and Development 01 27 06 31st EXECUTIVE COMMITTEE FACE TO FACE MEETING DRAFT AGENDA February 13 14, 2006 Grand Hyatt Hotel 1000 H Street, NW Washington, DC Tel: ( 202) 582 1234 Monday, February 13, 2006 8: 00 a. m.   8: 30 a. m. Registration 8: 30 a. m.  9: 00 a. m. AA/ ORD Remarks Dr. George Gray, Assistant Administrator for Office of Research and Development 9: 00 a. m.   9: 30 a. m. Welcome and Introductions Dr. James H. Johnson, Jr.  Review of Sept Mtg Minutes Chair, Executive Committee  Reports/ Letters transmitted to ORD  Overview of Agenda 9: 30 a. m.   9: 45 a. m. BOSC DFO Remarks Lori Kowalski, Office of Research and  Administrative Issues Development 9: 45 a. m.   11: 00 a. m. Subcommittee Reports Global Change Program Review  Chair Presentation Dr. Milton Russell, Subcommittee Chair  Discussion BOSC Executive Committee 11: 00 a. m.   11: 15 a. m. Break 11: 15 a. m.   12: 30 p. m. Subcommittee Reports ( Continued) Land Restoration and Preservation Program Review  Chair Presentation Dr. Charlie Menzie, Subcommittee Chair  Discussion BOSC Executive Committee 12: 30 p. m.   1: 30 p. m. Lunch 1: 30 p. m.  3: 00 p. m. Subcommittee Reports ( Continued)  Management Multi Year Plan Dr. James H. Johnson, Jr. Workgroup Review Chair, Executive Committee  Water Quality Program Review Dr. Herb Windom, Subcommittee Chair BOSC 31 st Executive Committee Face to Face Meeting Draft Agenda  2  Science to Achieve Results Dr. Cliff Duke, ( STAR)/ Greater Research Subcommittee Chair Opportunities ( GRO) Fellowship Program Review  Computational Toxicology Dr. George Daston, Subcommittee Chair  Technology for Sustainability Dr. John Giesy ( Proposed Research Program Review Chair)

3: 00 p. m.   3: 30 p. m. Technology for Sustainability Dr. Alan Hecht/ Dr. Gordon Evans, Office of Research and Development 3: 30 p. m. 3: 45 p. m. Public Comment 3: 45 p. m.   4: 00 p. m. Break 4: 00 p. m.   5: 00 p. m. Risk Assessment Workshop Dr. Rogene Henderson,  Draft Letter Report Workgroup Chair 5: 00 p. m. 5: 30 p. m. SAB Activities Dr. George Lambert, SAB Liaison to the BOSC 5: 30 p. m. Adjourn Tuesday, February 14, 2006 8: 30 a. m.  8: 45 a. m. BOSC Issues Dr. William Farland,  ORD Update Acting Deputy for Science for Research and Development 8: 45 a. m.   10: 15 a. m. BOSC Program Reviews ORD National Program  ORD Responses Directors 10: 15 a. m.   10: 30 a. m. Break 10: 30 a. m.   12: 30 p. m. Discussion BOSC Executive Committee,  Emerging Science Issues ORD Executive Council 12: 30 p. m.   1: 00 p. m. Future Discussion/ Future Business Dr. James H. Johnson, Jr.  Meetings in 2006 Chair, Executive Committee  Other Business 1: 00 p. m Adjourn


[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Notices]
[Pages 56451-56452]
[FR Doc No: 2015-23424]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2211-008]

Duke Energy Indiana, Inc.; Duke Energy Indiana, LLC; Notice of
Application for Transfer of License and Soliciting Comments, Motions To
Intervene, and Protests

    On September 2, 2015, Duke Energy Indiana, Inc. (transferor) filed
an application for transfer of license of the Markland Hydroelectric
Project, FERC No. 2211 to Duke Energy Indiana, LLC (transferee). The
project is located on the Ohio River in Switzerland County, Indiana.
    Duke Energy Indiana, Inc. is an indirect subsidiary of Duke Energy
Corporation. To modernize and simplify Duke Energy Corporation's
structure, Duke Energy Indiana, Inc. intends to convert to an LLC,
(Duke Energy Indiana, LLC). Duke Energy Indiana, Inc. seeks Commission
approval to transfer the license for the Markland Hydroelectric Project
to Duke Energy Indiana, LLC in association with the conversion,
effective on the date Duke Energy Indiana, LLC submits certified copies
of its articles of conversion, plan of conversion, and limited
liability company operating agreement to the Commission.
    Applicant Contact: For Applicant: Mr. Garry S. Rice, Deputy General
Counsel, Duke Energy Corporation, 550 South Tryon Street, Mail Code
DEC45A, Charlotte, NC 28202, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>and John A. Whittaker, IV, Winston & Strawn
LLP, 1700 K Street NW., Washington, DC 20006-3817, Phone:<PHONE_NUMBER>,
Email<EMAIL_ADDRESS>    FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, and protests:
30 days from the date that the Commission issues this notice. The
Commission strongly encourages electronic filing. Please file motions
to intervene, comments, and protests using the Commission's eFiling
system at http://www.ferc.gov/docs-

filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202)
502-8659 (TTY). In lieu of electronic filing, please send a paper copy
to: Secretary, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426. The first page of any filing should include
docket number P-2211-008.

    Dated: September 11, 2015.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-23424 Filed 9-17-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Rules and Regulations]
[Pages 2867-2869]
[FR Doc No: 2020-00700]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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

Federal Register / Vol. 85, No. 12 / Friday, January 17, 2020 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0478; Product Identifier 2019-NM-040-AD; Amendment
39-19817; AD 2020-01-11]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-12-
07, which applied to certain The Boeing Company Model 737-800, -900,
and -900ER series airplanes. AD 2017-12-07 required replacing the
affected left temperature control valve and control cabin trim air
modulating valve. This AD retains the requirements of AD 2017-12-07,
expands the applicability to include additional airplanes, and adds a
new requirement for certain airplanes to identify and replace the
affected parts. This AD was prompted by reports of in-flight failure of
the left temperature control valve and control cabin trim air
modulating valve. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective February 21, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 20,
2017 (82 FR 27416, June 15, 2017).

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0478.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0478; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The 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: Julie Moon, Aerospace Engineer, Cabin
Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-12-07, Amendment 39-18922 (82 FR
27416, June 15, 2017) (``AD 2017-12-07''), for certain The Boeing
Company Model 737-800, -900, and -900ER series airplanes. The NPRM
published in the Federal Register on July 8, 2019 (84 FR 32341). The
NPRM was prompted by reports of in-flight failure of the left
temperature control valve and control cabin trim air modulating valve,
and a determination that the affected parts may be installed on
airplanes outside the applicability of AD 2017-12-07. The NPRM proposed
to retain the requirements of AD 2017-12-07, expand the applicability
to include those other airplanes, and add a new requirement for certain
airplanes to identify and replace the affected parts. The FAA is
issuing this AD to address the possible occurrence of temperatures in
excess of 100 degrees Fahrenheit in the flight deck or the passenger
cabin during cruise, which could lead to the impairment of the
flightcrew and prevent continued safe flight and landing.

Comments

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

Support for the NPRM

    United Airlines; The Air Line Pilots Association, International
(ALPA); Boeing; Southwest Airlines; and Patrick Imperatrice expressed
support for the NPRM.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of winglets
per Supplemental Type Certificate (STC) ST00830SE does not affect the
accomplishment of the manufacturer's service instructions.
    The FAA agrees with the commenter that STC ST00830SE does not
affect the accomplishment of the manufacturer's service instructions.
Therefore, the installation of STC ST00830SE does not affect the
ability to accomplish the actions required by this AD. This AD has not
been changed regarding this issue.

Request To Allow Future Part Numbers Without Alternate Method of
Compliance (AMOC)

    Southwest Airlines requested that the FAA allow future valve part
numbers to be installed without the need for an AMOC, because the
unsafe condition only exists when a part number (P/N) 398908-4 valve is
installed in the left temperature control or control cabin trim air
modulating position.
    The FAA disagrees with the commenter's request because the only
valve part numbers currently approved as replacements for P/N 398908-4
are P/Ns 398908-3 and 398908-5. These approved part numbers must be
installed to address the identified unsafe condition. If additional
part numbers are approved as design changes in the future, the design
approval holder or operator may request approval of an AMOC using the
procedures in paragraph (j) of this AD. This AD has not been changed
regarding this issue.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this AD as proposed, except for minor editorial
changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    This AD requires Boeing Alert Service Bulletin 737-21A1203, dated
June 8, 2016, which the Director of the Federal Register approved for
incorporation by reference as of July 20, 2017 (82 FR 27416, June 15,
2017). This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 2,027 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                              Cost per
               Action                        Labor cost         Parts cost    product    Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Inspection/records check (new         1 work-hour x $85 per             $0          $85  Up to
 actions) (up to 1,708 airplanes).     hour = $85.                                       $145,180.
Replacement (retained actions from    9 work-hours x $85 per         4,800        5,565  Up to
 AD 2017-12-07) (up to 319             hour = $765.                                      $1,775,235.
 airplanes).
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection or records check. The FAA has no way of determining the
number of aircraft that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement...................................  9 work-hours x $85 per hour =             $4,800          $5,565
                                                 $765.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    The FAA has 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) 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.

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 removing Airworthiness Directive (AD)
2017-12-07, Amendment 39-18922 (82 FR 27416, June 15, 2017), and adding
the following new AD:

2020-01-11 The Boeing Company: Amendment 39-19817; Docket No. FAA-
2019-0478; Product Identifier 2019-NM-040-AD.

(a) Effective Date

    This AD is effective February 21, 2020.

(b) Affected ADs

    This AD replaces AD 2017-12-07, Amendment 39-18922 (82 FR 27416,
June 15, 2017).

(c) Applicability

    This AD applies to all The Boeing Company Model 737-800, -900,
and -900ER series airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 21, Air
conditioning.

(e) Unsafe Condition

    This AD was prompted by reports of in-flight failure of the left
temperature control valve and control cabin trim air modulating
valve. The FAA is issuing this AD to address the possible occurrence
of temperatures in excess of 100 degrees Fahrenheit in the flight
deck or the passenger cabin during cruise, which could lead to the
impairment of the flightcrew and prevent continued safe flight and
landing.

(f) Compliance

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

(g) Retained Valve Replacement, With Revised Compliance Language

    This paragraph restates the requirements of paragraph (g) of AD
2017-12-07 with revised compliance language. For airplanes
identified in Boeing Alert Service Bulletin 737-21A1203, dated June
8, 2016: Within 60 months after July 20, 2017 (the effective date of
AD 2017-12-07), replace the left temperature control valve and
control cabin trim air modulating valve, as applicable, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-21A1203, dated June 8, 2016.

(h) New Valve Identification and Replacement

    For airplanes not identified in paragraph (g) of this AD with an
original certificate of airworthiness or an original export
certificate of airworthiness dated on or before the effective date
of this AD, do the actions specified in paragraphs (h)(1) and (2) of
this AD.
    (1) Within 60 months after the effective date of this AD,
perform a general visual inspection of the left temperature control
valve and control cabin trim air modulating valve to determine the
valve part numbers. A review of airplane maintenance records is
acceptable in lieu of this inspection if the part numbers of the
valves can be conclusively determined from that review.
    (2) If the left temperature control valve or control cabin trim
air modulating valve has part number 398908-4: Within 60 months
after the effective date of this AD, replace the left temperature
control valve or control cabin trim air modulating valve in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-21A1203, dated June 8, 2016.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a
valve having part number 398908-4, in either the left temperature
control valve location or the control cabin trim air modulating
valve location on any airplane.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (k) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(j)(4)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(k) Related Information

    For more information about this AD, contact Julie Moon,
Aerospace Engineer, Cabin Safety and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
July 20, 2017 (82 FR 27417, June 15, 2017).
    (i) Boeing Alert Service Bulletin 737-21A1203, dated June 8,
2016.
    (ii) [Reserved]
    (4) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (5) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (6) 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_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 10, 2020.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2020-00700 Filed 1-16-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 51 (Friday, March 15, 2013)]
[Notices]
[Pages 16558-16560]
[FR Doc No: 2013-05979]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69107; File No. SR-BYX-2013-009]

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

March 11, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 26, 2013, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the fee schedule applicable to
Members \5\ and non-members of the Exchange pursuant to BYX Rules
15.1(a) and (c). While changes to the fee schedule pursuant to this
proposal will be effective upon filing, the changes will become
operative on March 1, 2013.
---------------------------------------------------------------------------

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

    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify its fee schedule effective March 1,
2013, in order to amend the rebates that it provides for removing
liquidity and to amend the fees that it charges for adding liquidity,
as described in further detail below.
Rebates To Remove Liquidity
    The Exchange currently offers a tiered pricing structure for
executions that remove liquidity. Under the tiered pricing structure, a
Member must add a daily average of at least 50,000 shares of liquidity
on BYX Exchange in order to receive a rebate to remove liquidity, which
is currently provided at $0.0002 per share. As with its other current
tiered pricing, the daily average in order to receive the liquidity
removal rebate is calculated based on a Member's activity in the month
for which the rebates would apply. For Members that do not reach the
tier to receive the liquidity removal rebate, the Exchange does not
currently provide rebate. The Exchange does not, however, charge such
Members, but rather, provides such executions free of charge.
    The Exchange proposes to adopt two additional tiers in addition to
the free removal rate for Members that do not qualify for an enhanced
rebate and the $0.0002 rebate to remove liquidity for Members that add
a daily average of at least 50,000 shares of liquidity on BYX Exchange.
Specifically, the Exchange proposes to provide a rebate of $0.0004 per
share to remove liquidity for Members that have an average daily volume
(``ADV'') on the Exchange of at least 0.5% of the total consolidated
volume (``TCV'') during the month and a rebate of $0.0003 per share to
remove liquidity for Members that have an ADV on the Exchange of at
least 0.25% but less than 0.5% of TCV. To receive the rebate pursuant
to either of the proposed new tiers, the Exchange will continue to
impose the requirement that a Member add a daily average of at least
50,000 shares of liquidity on BYX Exchange. Although the Exchange does
not propose modifying the existing rebate structure for Members that do
not

achieve either of the new tiers, the Exchange has proposed language
changes to the fee schedule to accommodate the new tiers (i.e., adding
language to the 50,000 shares added tier to address Members that reach
this tier but not a TCV tier and modifying language for Members that do
not qualify for an enhanced rebate to remove liquidity to more general
language).
    Consistent with the current fee structure, the fee structure for
executions that remove liquidity from the Exchange described above will
not apply to executions that remove liquidity in securities priced
under $1.00 per share. The fee for such executions will remain at 0.10%
of the total dollar value of the execution. Similarly, as is currently
the case for adding liquidity to the Exchange, there will be no
liquidity rebate for adding liquidity in securities priced under $1.00
per share.
Fees To Add Liquidity
    The Exchange currently maintains a tiered pricing structure for
adding displayed liquidity in securities priced $1.00 and above that
allows Members to add liquidity at a reduced fee to the extent such
liquidity sets the national best bid or offer (the ``NBBO Setter
Program''). The NBBO Setter Program is applicable to a Member's orders
so long as the Member submitting the order achieves the applicable ADV
requirement of at least 0.5% of TCV during the month. Members that
qualify for the NBBO Setter Program are charged a fee of $0.0002 per
share for executions resulting from orders that add liquidity to the
BYX Exchange order book and set the NBBO. Members that achieve the
applicable ADV requirement of at least 0.5% of TCV during the month are
currently charged $0.00025 per share for all other executions (that do
not set the NBBO). All other executions resulting from displayed
liquidity added by any Member are currently subject to a fee of $0.0005
per share. The Exchange proposes changes to its tiered pricing
structure to add liquidity, as described below.
    First, the Exchange proposes to increase the fee charged under the
NBBO Setter Program to Members that maintain ADV on the Exchange of at
least 0.5% of the total TCV during the month from $0.0002 per share to
$0.00025 per share on orders that set the NBBO. The Exchange also
proposes to increase the fee for Members that maintain ADV on the
Exchange of at least 0.5% of the total TCV during the month on
executions that do not set the NBBO from $0.00025 per share to $0.0003
per share.
    Second, the Exchange proposes to adopt a new tier for Members that
maintain ADV on the Exchange of at least 0.25% but less than 0.5% of
the total TCV during the month. The Exchange proposes to charge Members
that reach this 0.25% tier a fee to add liquidity of $0.00035 per share
on orders that set the NBBO and $0.0004 per share for orders that do
not set the NBBO.
    The Exchange does not propose to change the fee charged to Members
that do not qualify for a reduced fee based on their volume on the
Exchange. Accordingly, such Members will still be charged a fee of
$0.0005 per share for executions resulting from orders that add
liquidity to the Exchange.
    The Exchange notes that it does not propose to modify its existing
definitions of ``ADV'' or ``TCV'' in connection with the changes
described above. The Exchange notes that the definition of ADV used in
conjunction with TCV for the NBBO Setter Program and the proposed
tiered pricing structures for executions that add and remove liquidity
includes both a Member's liquidity adding and removing activity.
However, as today, the 50,000 shares added requirement necessary to
achieve tiered pricing to remove liquidity only includes added volume.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\6\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\7\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The changes to Exchange execution fees and rebates proposed by this
filing are intended to attract order flow to the Exchange by continuing
to offer competitive pricing while also allowing the Exchange to
continue to offer incentives to providing aggressively priced displayed
liquidity. While certain Members that add liquidity to the Exchange
will be paying higher fees due to the proposal, the increased revenue
received by the Exchange will be used to continue to fund programs that
the Exchange believes will attract additional liquidity and thus
improve the depth of liquidity available on the Exchange. Further, by
adding another tier to qualify for reduced fees to add liquidity, the
Exchange is expanding the availability of tiered pricing discounts.
    With respect to the proposed changes to the tiered pricing
structure for removing liquidity from the Exchange, the Exchange
believes that its proposal is reasonable because it will allow Members
that achieve a relatively low threshold of added liquidity, and thus
who contribute to the depth of liquidity generally available on the
Exchange, to continue to receive the current rebate. Certain Members
will be unaffected by this change, as the initial threshold of reaching
50,000 shares added per day on the Exchange remains unchanged. However,
by also providing higher potential rebates for Members that achieve at
least either 0.25% or 0.5% of TCV, the Exchange is further
incentivizing Members to participate in the growth of the Exchange.
Volume-based tiers such as the liquidity removal tier proposed by the
Exchange have been widely adopted in the equities markets, and are
equitable and not unfairly discriminatory because they are open to all
members on an equal basis and provide rebates that are reasonably
related to the value to an exchange's market quality associated with
higher levels of market activity, such as higher levels of liquidity
provision and introduction of higher volumes of orders into the price
and volume discovery process. Accordingly, the Exchange believes that
the proposal is equitably allocated and not unfairly discriminatory
because it is consistent with the overall goals of enhancing market
quality.
    With respect to the Exchange's proposal to add another tier for
Members that achieve at least 0.25% of TCV through which such Members
can participate in the NBBO Setter Program and receive lower fees for
adding liquidity for other orders, the Exchange believes that its
proposal is reasonable because the tier is intended to incentivize
Members to maintain or increase their participation on the Exchange. As
noted above, volume-based tiers such as the threshold necessary to
qualify for the NBBO Setter Program and the reduced fee to add
liquidity are equitable and not unfairly

discriminatory because they are open to all members on an equal basis
and provide rebates that are reasonably related to the value to an
exchange's market quality associated with higher levels of market
activity, such as higher levels of liquidity provision and introduction
of higher volumes of orders into the price and volume discovery
process.
    With respect to the increases to the fees charged to add liquidity
as applied to orders that set the NBBO and all other orders entered
Members that qualify for reduced charges based on a level of at least
0.5% of TCV, the Exchange believes that the proposed fees are
reasonable as both fees are still comparable to other market centers
that charge to add displayed liquidity and represent only a slight
increase from the current fee levels. The Exchange notes that at least
one market center charges a higher fee to add displayed liquidity.\8\
The Exchange reiterates that it is not proposing to increase fees
charged to Members that do not qualify for a tier.
---------------------------------------------------------------------------

    \8\ NASDAQ OMX BX charges up to $0.0018 per share, with the
potential for a slightly lower fee to the extent a participant meets
certain quoting criteria.
---------------------------------------------------------------------------

    The Exchange believes that any additional revenue it receives based
on the increases to fees set forth above will allow the Exchange to
devote additional capital to its operations and to continue to offer
competitive pricing, which, in turn, will benefit Members of the
Exchange. Further, the Exchange again notes that the tiered fee
structure whereby Members meeting certain volume thresholds will
receive reduced fees on their added liquidity executions is equitable
and not unfairly discriminatory because it will be open to all Members
on an equal basis the reduced fee is reasonably related to the value to
the Exchange's market quality associated with higher levels of market
activity, such as higher levels of liquidity provision and introduction
of higher volumes of orders into the price and volume discovery
process.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Because the market for order execution is extremely competitive,
Members may choose to preference other market centers ahead of the
Exchange if they believe that they can receive better fees or rebates
elsewhere. Further, because certain of the proposed changes are
intended to provide incentives to Members that will result in increased
activity on the Exchange, such changes are necessarily competitive. The
Exchange also believes that its pricing for displayed orders is
appropriately competitive vis-[agrave]-vis the Exchange's competitors.
Further, the Exchange believes that continuing to incentivize the entry
of aggressively priced, displayed liquidity fosters intra-market
competition to the benefit of all market participants that enter orders
to the Exchange. However, the Exchange does not believe that the
proposed rule change will result in any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act,
as amended. The Exchange does not believe that any of the changes
represent a significant departure from previous pricing offered by the
Exchange or pricing offered by the Exchange's competitors.

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

    No written comments were solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4
thereunder.\10\ 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.
---------------------------------------------------------------------------

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

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-BYX-2013-009 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BYX-2013-009. 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-BYX-2013-009, and should be
submitted on or before April 5, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-05979 Filed 3-14-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 172 (Friday, September 5, 2014)]
[Notices]
[Pages 53089-53090]
[FR Doc No: 2014-21122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72949; File No. SR-Phlx-2014-46]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Order
Granting Approval of Proposed Rule Change, as Modified by Amendment No.
1, Relating to SPY and DIA Options

August 29, 2014.

I. Introduction

    On July 9, 2014, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934
(``Act''),\2\ and Rule 19b-4 thereunder,\3\ a proposed rule change to
allow $1 or greater strike price intervals for options on the
SPDR[supreg] S&P 500[supreg] Exchange Traded Fund (``SPY'') and the
SPDR[supreg] Dow Jones[supreg] Industrial Average Exchange Traded Fund
(``DIA'') for strike prices above $200. On July 22, 2014, the Exchange
filed Amendment No. 1 to the proposal. The proposed rule change, as
modified by Amendment No. 1, was published for comment in the Federal
Register on July 30, 2014.\4\ The Commission received three comment
letters on the proposal.\5\ This order approves the proposed rule
change, as modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 72664 (July 24,
2014), 79 FR 44231 (``Notice'').
    \5\ See letters to Elizabeth M. Murphy, Secretary, Commission,
from Joseph Burtnick, dated July 28, 2014; Michael, dated August 26,
2014; and Colin J. Gerrard, dated August 28, 2014. All three
commenters supported the approval of the proposal because it would
enhance market participation in SPY options.
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II. Description of the Proposed Rule Change

    Under current Phlx Rule 1012 (Series of Options Open for Trading),
the interval of strike prices of series of options on Exchange Traded
Fund (``ETF'') Shares is $1 or greater where the strike price is $200
or less and $5 or greater where the strike price is more than $200.\6\
The Exchange proposes to narrow those strike intervals by amending
Commentary .05(a)(iv)(C) to Rule 1012 to allow trading of SPY and DIA
options in $1 strike intervals where the strike price is above $200.
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    \6\ See Commentary .05(a)(iv)(A) to Rule 1012.
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    With regard to the impact of the proposal on system capacity, the
Exchange states that it has analyzed its capacity and represents that
it and the Options Price Reporting Authority (``OPRA'') have the
necessary systems capacity to handle any potential additional traffic
associated with this proposed rule change.\7\ In addition, the Exchange
states that it believes that its members will not experience a capacity
issue as a result of this proposal.\8\ Furthermore, the Exchange states
that it does not believe the proposed rule change will cause
fragmentation of liquidity.\9\
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    \7\ See Notice, supra note 4, at 44232.
    \8\ Id.
    \9\ Id.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\10\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\11\ which
requires, among other things, that the rules of a national securities
exchange be designed to promote just and equitable principles of trade,
to prevent fraudulent and manipulative acts, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. The Commission believes that the proposed change may provide
the investing public and other market participants more flexibility to
closely tailor their investment and

hedging decisions in SPY and DIA options, thus allowing them to better
manage their risk exposure.
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    \10\ In approving the proposed rule change, the Commission has
considered its impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \11\ 15 U.S.C. 78f(b)(5).
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    In approving this proposal, the Commission notes that the Exchange
has represented that it and OPRA have the necessary systems capacity to
handle the potential additional traffic associated with this proposed
rule change.\12\ The Exchange further stated that it believes its
members will not have a capacity issue as a result of the proposal and
that it does not believe this expansion will cause fragmentation of
liquidity.\13\
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    \12\ See Notice, supra note 4, at 44232.
    \13\ Id.
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\14\ that the proposed rule change (SR-Phlx-2014-46), as modified by
Amendment No. 1, be, and hereby is, approved.
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    \14\ 15 U.S.C. 78f(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-21122 Filed 9-4-14; 8:45 am]
BILLING CODE 8011-01-P