[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Proposed Rules]
[Pages 18984-18987]
[FR Doc No: 2012-7513]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0182]
RIN 1625-AA08

Special Local Regulation for Marine Events; Yorktown Parade of
Sail, York River; Yorktown, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local regulation
during the Yorktown Parade of Sail, a parade of five tall ships and 195
other vessels, to be held on the waters of York River, Yorktown,
Virginia on June 2, 2012. This regulation is necessary to provide for
the safety of life on navigable waters during the event. This action is
intended to restrict vessel traffic in portions of the York River,
Yorktown, Virginia during the event.

DATES: Comments and related material must be received by the Coast
Guard on or before April 30, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0182 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 four 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 proposed
rule, call or email LCDR Christopher O'Neal, Waterways Management
Division Chief, Sector Hampton Roads, Coast Guard; telephone 757-668-
5581, email<EMAIL_ADDRESS>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-2012-0182, 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 at http://www.regulations.gov, or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online, 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 email
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,
type the docket number USCG-2012-0182 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    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 may change the rule
based on your comments.

Viewing Comments and Documents

    To view documents mentioned in this preamble as being available in
the docket, go to http://www.regulations.gov, type the docket number
USCG-2012-0182 in the ``SEARCH'' box and click ``SEARCH.'' Click on
Open Docket Folder on the line associated with this rulemaking. 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.

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 notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting 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.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact LCDR Christopher O'Neal at the telephone number or email
address indicated under the FOR FURTHER INFORMATION CONTACT section of
this notice.

Basis and Purpose

    This regulation proposes to add an enforcement period of a new
special local regulation for one marine event within the Fifth Coast
Guard District. Marine events are frequently held on the navigable
waters within the boundaries of Fifth Coast Guard District. The water
activities that typically comprise marine events include sailing
regattas, power boat races, swim races and holiday parades. For a
description of the geographical area of each Coast Guard Sector--
Captain of the Port Zone, please see 33 CFR 3.25.
    On June 2, 2012, York County Recreation Parks and Tourism will
sponsor the ``Yorktown Parade of Sail'' on the waters of York River.
The event will consist of approximately 200 vessels on the waters of
York River, Yorktown, VA. A fleet of spectator vessels is expected to
gather near the event site to view the parade. To provide for the
safety of participants, spectators, support and transiting vessels, the
Coast Guard will temporarily restrict vessel traffic in the event area
during the races. The regulation at 33 CFR 100.501 would be enforced
for the duration of the event. Under the provisions of 33 CFR 100.501,
from Noon to 2 p.m. on June 2, 2012, vessels may not enter the
regulated area unless they receive permission from the Coast Guard
Patrol Commander.

Discussion of Proposed Rule

    The Coast Guard is establishing a temporary special local
regulation on specified waters of the York River, in Yorktown,
Virginia. The regulated area will be established in the interest of
public safety during the ``Yorktown Parade of Sail'', and will be
enforced

from Noon to 2 p.m. on June 2, 2012. The Coast Guard, at its
discretion, when practical, will allow the passage of vessels. Except
for participants and vessels authorized by the Captain of the Port or
his Representative, no person or vessel may enter or remain in the
regulated area.
    The regulated area will include all waters of the York River
bounded by the north and south shores of the York River and to the west
by the Coleman Memorial Bridge and bounded to the east by a line drawn
from the United States Coast Guard pier to Gaines Point in Gloucester,
VA.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 14 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Although this
rule prevents traffic from transiting a portion of the York River from
Noon until 2 p.m. on June 2, 2012, the effect of this regulation will
not be significant due to the limited duration that the regulated area
will be in effect and the extensive advance notifications that will be
made to the maritime community via marine information broadcasts, local
radio stations and area newspapers so mariners can adjust their plans
accordingly. Additionally, this rulemaking does not change the
permanent regulated areas that have been published in 33 CFR 100.501,
Table to Sec.  100.501. In some cases vessel traffic may be able to
transit the regulated area when the Coast Guard Patrol Commander deems
it is safe to do so.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit this section of the York River from Noon until 2
p.m. on June 2, 2012.
    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. This regulation will not
have a significant impact on a substantial number of small entities
because: (i) It will be enforced only for a short period of time (two
hours); (ii) vessels may be granted the opportunity to transit the
safety zone during the period of enforcement if the Patrol Commander
deems it safe to do so; (iii) vessels may transit around the safety
zone; and (iv) before the enforcement period, the Coast Guard will
issue maritime advisories so mariners can adjust their plans
accordingly.

Assistance for Small Entities

    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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact LCDR Christopher O'Neal. The
Coast Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.

Collection of Information

    This proposed 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 proposed 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 proposed 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 proposed rule would not cause 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This 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 proposed 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.

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination 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)(h), of the Instruction. This
rule involves implementation of regulations within 33 CFR Part 100 that
apply to organized marine events on the navigable waters of the United
States that may have potential for negative impact on the safety or
other interest of waterway users and shore side activities in the event
area. The category of water activities includes but is not limited to
sail boat regattas, boat parades, power boat racing, swimming events,
crew racing, and sail board racing. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as
follows:

    Authority:  33 U.S.C. 1233.

    2. In Sec.  100.501, add temporary line No. (c)25 in Table to Sec.
100.501 to read as follows:

Sec.  100.501  Special Local Regulations; Marine Events in the Fifth
Coast Guard District.

* * * * *
    Table To Sec.  100.501.--All coordinates listed in the Table to
Sec.  100.501 reference Datum NAD 1983.

                                   Coast Guard Sector Hampton Roads--COTP Zone
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     Number                Date                  Event                 Sponsor                  Location
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
25..............  June 2, 2012.........  Yorktown Parade of     York County            Regulated area includes
                                          Sail.                  Recreation Parks and   all waters of the York
                                                                 Tourism.               River bounded by the
                                                                                north and south shores
                                                                                of the York River and to
                                                                                the west by the Coleman
                                                                                Memorial Bridge and
                                                                                bounded to the east by a
                                                                                line drawn from the
                                                                                United States Coast
                                                                                Guard pier to Gaines
                                                                                Point in Gloucester, VA.
                                                                                All coordinates
                                                                                reference Datum NAD
                                                                                1983.
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* * * * *

    Dated: March 13, 2012.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2012-7513 Filed 3-28-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Rules and Regulations]
[Pages 70098-70101]
[FR Doc No: 2010-27980]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0522; Directorate Identifier 2010-CE-022-AD;
Amendment 39-16506; AD 2010-23-17]
RIN 2120-AA64

Airworthiness Directives; Various Aircraft Equipped With Rotax
Aircraft Engines 912 A Series Engines

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 the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    This Airworthiness Directive (AD) results from reports of cracks
in the engine crankcase. Austro Control GmbH (ACG) addressed the
problem by issuing AD No 107R3 which was superseded by ACG AD A-
2004-01.
    The present AD supersedes the ACG AD A-2004-01. On one hand,
introduction by Rotax of an optimized crankcase assembly has
permitted to reduce applicability of the new AD, when based on
engines' serial numbers (s/n). On the other hand, applicability is
extended for some engines that may have been fitted with certain
crankcase s/n, supplied as spare parts.
    In addition, accomplishment instructions given through the
relevant Service Bulletins (SB) have been detailed to better locate
engine's areas that are to be scrutinised.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective December 22, 2010.
    On December 22, 2010, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.
    For service information identified in this AD, contact BRP-
Powertrain GMBH & Co KG, Welser Strasse 32, A-4623 Gunskirchen,
Austria; phone: (+43) (0) 7246 601-0; fax: (+43) (0) 7246 6370;
Internet: http://www.rotax.com. You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER> e-
mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on May 21, 2010 (75 FR
28504). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    This Airworthiness Directive (AD) results from reports of cracks
in the engine crankcase. Austro Control GmbH (ACG) addressed the
problem by issuing AD No 107R3 which was superseded by ACG AD A-
2004-01.
    The present AD supersedes the ACG AD A-2004-01. On one hand,
introduction by Rotax of an optimized crankcase assembly has
permitted to reduce applicability of the new AD, when based on
engines' serial numbers (s/n). On the other hand, applicability is
extended for some engines that may have been fitted with certain
crankcase s/n, supplied as spare parts.
    In addition, accomplishment instructions given through the
relevant Service Bulletins (SB) have been detailed to better locate
engine's areas that are to be scrutinised.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comment received.

Request To Change AD 2002-16-26

    Robert Seton of Rotech Research Canada Ltd. requested information
regarding if AD 2006-16-26 would be changed to incorporate the same
terminating action specified in this AD. We infer that he wants us to
supersede

AD 2002-16-26 with a new AD that incorporates the same terminating
action. Mr. Seton also commented there was confusion regarding the
starting serial number range for the new crankcase.
    We agree with the comment that AD 2002-16-26 should be superseded.
AD 2002-16-26 does address the same unsafe condition, but that AD
applies to a different group of products. On October 4, 2010, AD 2010-
20-23, Amendment 39-16458 (75 FR 61046, October 4, 2010) was published
and is effective on November 8, 2010. AD 2010-20-23 supersedes AD 2002-
16-26 and added the following terminating action:

    (k) Installing a crankcase that has a S/N above 27811 terminates
the inspection requirements of paragraphs (g)(1) through (g)(4) and
(h) of this AD.

The wording for the applicable starting S/N for the terminating action
in AD 2010-20-23 is slightly different than what was in the proposed
rulemaking for this final rule AD. To clarify the starting S/N for the
terminating action, we changed the starting S/N in this final rule AD
action to match AD 2010-20-23.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 60 products of U.S. registry.
We also estimate that it will take about 3 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $15,300, or $255 per product.
    In addition, we estimate that any necessary follow-on actions will
take about 20 work-hours and require parts costing $6,500, for a cost
of $8,200 per product. We have no way of determining the number of
products that may need these actions.

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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 AD:

2010-23-17 Various Aircraft: Amendment 39-16506; Docket No. FAA-
2010-0522; Directorate Identifier 2010-CE-022-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December
22, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all serial numbers (S/N) of the following
aircraft, equipped with a Rotax Aircraft Engines 912 A series engine
with a crankcase assembly S/N up to and including S/N 27811,
certificated in any category:

----------------------------------------------------------------------------------------------------------------
         Type certificate holder                   Aircraft model                       Engine model
----------------------------------------------------------------------------------------------------------------
Aeromot-Industria Mecanico Metalurgica    AMT-200........................  912 A2
 ltda.
Diamond Aircraft Industries.............  HK 36 R ``SUPER DIMONA''.......  912 A
Diamond Aircraft Industries GmbH........  HK 36 TS.......................  912 A3
                                          HK 36 TC.......................  912 A3
Diamond Aircraft Industries Inc.........  DA20-A1........................  912 A3
HOAC-Austria............................  DV 20 KATANA...................  912 A3
Iniziative Industriali Italiane S.p.A...  Sky Arrow 650 TC...............  912 A2
SCHEIBE-Flugzeugbau GmbH................  SF 25C.........................  912 A2 or 912 A3
----------------------------------------------------------------------------------------------------------------

Subject

    (d) Air Transport Association of America (ATA) Code 72: Engine.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    This Airworthiness Directive (AD) results from reports of cracks
in the engine crankcase. Austro Control GmbH (ACG) addressed the
problem by issuing AD No 107R3 which was superseded by ACG AD A-
2004-01.
    The present AD supersedes the ACG AD A-2004-01. On one hand,
introduction by Rotax of an optimized crankcase assembly has
permitted to reduce applicability of the new AD, when based on
engines' serial numbers (s/n). On the other hand, applicability is
extended for some engines that may have been fitted with certain
crankcase s/n, supplied as spare parts.
    In addition, accomplishment instructions given through the
relevant Service Bulletins (SB) have been detailed to better locate
engine's areas that are to be scrutinised.
    The aim of this AD is to ensure that the requested engine power
is available at any time to prevent a sudden loss of power that
could lead to a hazardous situation in a low altitude phase of
flight.
    The MCAI requires inspecting certain crankcases for cracks and
replacing the crankcase if cracks are found.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 50 hours time-in-service (TIS) after
December 22, 2010 (the effective date of this AD), inspect the
engine crankcase for cracks following Rotax Aircraft Engines Service
Bulletin SB-912-029 R3, dated July 11, 2006. Repetitively thereafter
do the inspection at each 100-hour, annual, or progressive
inspection or within 110 hours TIS since last inspection, whichever
occurs first.
    (2) If cracks in the engine crankcase are found during any
inspection required by paragraph (f)(1) of this AD, before further
flight, replace the crankcase following Rotax Aircraft Engines
Service Bulletin SB-912-029 R3, dated July 11, 2006.
    (3) Installing a crankcase that has a S/N above 27811 terminates
the inspection requirements of paragraph (f)(1) of this AD.

    Note 1:  The service information is a combined service bulletin
for both the 912 type (Service Bulletin SB-912-029 R3, dated July
11, 2006) and 914 type (Service Bulletin SB-914-018, Revision 3,
dated July 11, 2006) engines. This AD does not reference Service
Bulletin SB-914-018, Revision 3, dated July 11, 2006, because this
AD does not apply to the 914 series engines. This unsafe condition
for the 914 type engines is the subject of AD 2010-20-23.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>Before using any approved AMOC on
any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

Special Flight Permit

    (h) We are limiting the special flight permits for this AD by
the following conditions if the crankcase is cracked or there is
evidence of oil leakage from the crankcase:
    (1) Perform a leak check as follows:
    (i) Clean the crankcase surface to remove any oil.
    (ii) Warm up the engine to a minimum oil temperature of 50
degrees C (120 degrees F). Information about warming up the engine
can be found in the applicable line maintenance manual.
    (iii) Accelerate the engine to full throttle and stabilize at
full throttle speed for a time period of 5 to 10 seconds.
Information about performing a full throttle run can be found in the
applicable line maintenance manual.
    (iv) Shutdown after running the engine at idle only long enough
to prevent vapor locks in the cooling system and fuel system.
    (v) Inspect the crankcase for evidence of oil leakage. Oil
wetting is permitted, but oil leakage of more than one drip in 3
minutes after engine shutdown is not allowed.
    (2) Check the crankcase mean pressure to confirm that it is 1.46
pounds-per-square inch gage (psig) (0.1 bar) or higher when checked
at takeoff power to ensure proper return of oil from the crankcase
to the oil tank. Information about checking crankcase mean pressure
is available in the Lubrication System section of the applicable
engine installation manual.
    (3) A ferry flight is not allowed if oil leakage exceeds one
drip in 3 minutes or if crankcase mean pressure is below 1.46 psig.

Related Information

    (i) Refer to MCAI EASA AD No.: 2007-0025, dated February 1,
2007, for related information.

Material Incorporated by Reference

    (j) You must use Rotax Aircraft Engines Service Bulletin SB-912-
029 R3, dated July 11, 2006, to do the actions required by this AD,
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact BRP-
Powertrain GMBH & Co KG, Welser Strasse 32, A-4623 Gunskirchen,
Austria; phone: (+43) (0) 7246 601-0; fax: (+43) (0) 7246 6370;
Internet: http://www.rotax.com.
    (3) You may review copies of the referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information

on the availability of this material at the FAA, call (816) 329-
4148.
    (4) You may also review copies of the service information
incorporated by reference for this AD 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on November 1, 2010.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-27980 Filed 11-16-10; 8:45 am]
BILLING CODE 4910-13-P


No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \28\ and Rule 19b-4(f)(6)
thereunder.\29\
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(3)(A).
    \29\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest,
as it will enable the Exchange to meet its proposed implementation date
of May 8, 2015, which will help facilitate the implementation of
harmonized rules related to the adjustment and nullification of
erroneous options transactions across the options exchanges. For this
reason, the Commission designates the proposed rule change to be
operative upon filing.\30\
---------------------------------------------------------------------------

    \30\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

to determine whether the proposed rule should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2015-39 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2015-39. 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-NYSEMKT-2015-39, and should
be submitted on or before June 4, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
---------------------------------------------------------------------------

    \31\ 17 CFR 200.30-3(a)(12).

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-11604 Filed 5-13-15; 8:45 am]
BILLING CODE 8011-01-P


MEMORANDUM Subject: Changes to the Notice, " Drinking Water Contaminant Candidate List 2; Final Notice" as a Result of OMB Review From: Dan Olson TAB Thru: Ann Codrington Associate Chief, TAB To: Record The Agency submitted the Federal Register notice, " Drinking Water Contaminant Candidate List 2; Final Notice" to OMB for review on January 4, 2005. The OMB identified a number of minor, editorial preferences which were accepted by EPA and are reflected in the final notice.


[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4430-4434]
[FR Doc No: 2017-00607]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79758; File No. SR-BatsBZX-2016-89]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Modify
Fees for Connectivity and Its Communication and Routing Service Known
as Bats Connect

January 9, 2017.
    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 December 27, 2016, Bats BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') 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 Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to BZX Rules
15.1(a)

and (c) to modify its fees for physical ports, logical ports, and for
the use of a communication and routing service known as Bats Connect.
---------------------------------------------------------------------------

    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.bats.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 fees for physical ports,
logical ports, and for the use of a communication and routing service
known as Bats Connect. Each of these proposed changes are described
below.
Physical Ports
    A physical port is utilized by a Member or non-Member to connect to
the Exchange at the data centers where the Exchange's servers are
located. The Exchange currently maintains a presence in two third-party
data centers: (i) The primary data center where the Exchange's business
is primarily conducted on a daily basis, and (ii) a secondary data
center, which is predominantly maintained for business continuity
purposes. The Exchange currently assesses the following physical
connectivity fees for Members and non-Members on a monthly basis:
$2,000 per physical port that connects to the System \6\ via 1 gigabyte
circuit; and $4,000 per physical port that connects to the System via
10 gigabyte circuit. The Exchange proposes to increase the fee per
physical port that connects to the System via a 10 gigabyte circuit
from $4,000 per month to $6,000 per month in order cover its increased
infrastructure costs associated with establishing physical ports to
connect to the Exchange's Systems and enable it to continue to maintain
and improve its market technology and services. The Exchange does not
propose to amend the fee for a 1 gigabyte circuit, which will remain
$2,000 per month.
---------------------------------------------------------------------------

    \6\ The term ``System'' is defined as ``the electronic
communications and trading facility designated by the Board through
which securities orders of Users are consolidated for ranking,
execution and, when applicable, routing away.'' See Exchange Rule
1.5(aa).
---------------------------------------------------------------------------

Logical Ports
    The Exchange currently charges for logical ports (including
Multicast PITCH Spin Server and GRP ports) $500 per port per month. A
logical port represents a port established by the Exchange within the
Exchange's system for trading and billing purposes. Each logical port
established is specific to a Member or non-Member and grants that
Member or non-Member the ability to operate a specific application,
such as FIX order entry or PITCH data receipt. Logical port fees are
limited to logical ports in the Exchange's primary data center and no
logical port fees are assessed for redundant secondary data center
ports. The Exchange assesses the monthly per logical port fees to all
Members' and non-Members' logical ports. The Exchange now proposes to
increase charges for logical ports (including Multicast PITCH Spin
Server and GRP ports) from $500 per port per month to $550 per month.
Like as for the proposed fee increase for physical ports described
above, the proposed increase in logical port fees is intended to cover
increased infrastructure costs associated with establishing ports to
connect to the Exchange's Systems and to enable the Exchange to
continue to maintain and improve its market technology and services.
Bats Connect
    The Exchange proposes to increase select fees related to the use of
Bats Connect. Bats Connect is offered by the Exchange on a voluntary
basis in a capacity similar to a vendor.\7\ In sum, Bats Connect is a
communication service that provides subscribers an additional means to
receive market data from and route orders to any destination connected
to the Exchange's network. Bats Connect does not provide any advantage
to subscribers for connecting to the Exchange's affiliates \8\ as
compared to other methods of connectivity. The servers of the
subscriber need not be located in the same facilities as the Exchange
in order to subscribe to Bats Connect. Subscribers may also seek to
utilize Bats Connect in the event of a market disruption where other
alternative connection methods become unavailable.
---------------------------------------------------------------------------

    \7\ See Exchange Rule 13.8.
    \8\ The Exchange's affiliated exchanges are Bats EDGX Exchange,
Inc. (``EDGX''), Bats EDGA Exchange, Inc. (``EDGA''), and Bats BYX
Exchange, Inc. (``BYX'').
---------------------------------------------------------------------------

    The Exchange charges a monthly connectivity fee to subscribers
utilizing Bats Connect to route orders to other exchanges and broker-
dealers that are connected to the Exchange's network via unicast
access. The amount of the connectivity fee varies based solely on the
bandwidth selected by the subscriber. Specifically, as set forth under
the Unicast Access--Order Entry section of the fee schedule, the
Exchange charges $350 for 1 Mb, $700 for 5 Mb, $950 for 10 Mb, $1,500
for 25 Mb, $2,500 for 50 Mb, and $3,500 for 100 Mb. The Exchange
proposes to increase those fees as follows: $500 for 1 Mb, $1,000 for 5
Mb, and $1,250 for 10 Mb. The proposed increases are designed to cover
increased costs related to hardware, installation, and testing, as well
as increased expenses involved in maintaining and managing the service.
The Exchange does not propose to increase the fees for the 25 Mb, 50 Mb
and 100 Mb connections as those fees will remain $1,500, $2,500, and
$3,500, respectively.
    Bats Connect also allows subscribers to receive market data feeds
from the exchanges connected to the Exchange's network. In such case,
the subscriber pays the Exchange a connectivity fee, which are set
forth under the Market Data Connectivity section of the fee schedule
and vary based solely on the amount of bandwidth required to transmit
the selected data product to the subscriber.\9\ The proposed
connectivity fees currently range from no charge to $11,500 based on
the market data product the subscriber selects. The Exchange proposes
to increase select connectivity fees for market data as follows:
---------------------------------------------------------------------------

    \9\ Subscribers pays any fees charged by the exchange providing
the market data feed directly to that exchange.

------------------------------------------------------------------------
                Data feed                   Current fee    Proposed fee
------------------------------------------------------------------------
UQDF/UTDF/OMDF..........................            $650          $1,200

CQS/CTS.................................           1,000           1,400
OPRA....................................           3,500           4,500
Nasdaq TotalView........................           1,300           1,500
Nasdaq BX TotalView.....................             650           1,000
Nasdaq PSX TotalView....................             350             750
NYSE Integrated.........................          11,500          14,500
NYSE ArcaBook...........................           1,000           1,250
NYSE MKT OpenBook Ultra.................             150             500
NYSE Alerts.............................             250             500
NYSE Imbalances.........................             100             500
NYSE Arca Trades........................             250             500
BBDS/TDDS...............................             100             500
------------------------------------------------------------------------

    The proposed increases are designed to allow the Exchange to cover
the increased costs related to the amount of bandwidth required to
provide connectivity to receive market data as well as the costs of
maintaining that infrastructure.
    The Exchange also charges a discounted fee of $4,160 per month for
subscribers who purchase connectivity to a bundle of select market data
products, known as the U.S. Equities Select + SIP Bundle. The following
market data products are included in the bundle: UQDF/UTDF/OMDF, CQS/
CTS, Nasdaq TotalView, Nasdaq BX TotalView, Nasdaq PSX TotalView, NYSE
ArcaBook, NYSE MKT OpenBook Ultra, and BBDS/TTDS.\10\ Absent the
discount, a subscriber purchasing connectivity through Bats Connect for
each of these market data products would currently pay a total monthly
fee of $5,200. Instead, a subscriber who purchases connectivity to each
of the above market data products is charged a monthly fee of $4,160,
which represents a 20% discount. The Exchange proposes to add NYSE
OpenBook Ultra to the bundle. Also, in light of the proposed changes
outlined above, the Exchange proposes to increase the discounted rate
of the bundle to $5,910 per month, which would now represent a 40%
discount from the rate of $9,850 a subscriber purchasing connectivity
through Bats Connect for each of these market data products would be
charged under the proposed rule change.
---------------------------------------------------------------------------

    \10\ The Exchange also proposes to correct a typographical error
in referencing BBDS/TDDS in its description of the U.S. Equity
Select + SIP bundle.
---------------------------------------------------------------------------

    Lastly, the Exchange proposes to charge a discounted fee of $6,390
per month for subscribers who purchase connectivity to the OPRA, UQDF/
UTDF/OMDF, and CQS/CTS data feeds, to be known as the OPRA + SIP
Bundle. Absent the discount, a subscriber purchasing connectivity
through Bats Connect for each of these market data products would pay a
total monthly fee of $7,100. Instead, a subscriber who purchases
connectivity to each of the above market data products is charged a
monthly fee of $6,390, which represents a 10% discount.
Implementation Date
    The Exchange proposes to implement this amendment to its fee
schedule on January 3, 2017.\11\
---------------------------------------------------------------------------

    \11\ The Exchange notes that the date of its fee schedule was
previously updated to January 3, 2017 in SR-BatsBZX-2016-87
(December 6 [sic], 2017). See Securities Exchange Act Release No.
79636 (December 21, 2016).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\12\ in general, and
furthers the objectives of Section 6(b)(4),\13\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct
order flow to competing venues if they deem fee levels at a particular
venue to be excessive. The proposed rule change reflects a competitive
pricing structure designed to incent market participants to direct
their order flow to the Exchange. The Exchange believes that the
proposed rates are equitable and non-discriminatory in that they apply
uniformly to all Members. The Exchange believes the fees and credits
remain competitive with those charged by other venues and therefore
continue to be reasonable and equitably allocated to Members.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposal represents an equitable
allocation of reasonable dues, fees, and other charges as its fees for
physical connectivity are reasonably constrained by competitive
alternatives. If a particular exchange charges excessive fees for
connectivity, affected Members and non-Members may opt to terminate
their connectivity arrangements with that exchange, and adopt a
possible range of alternative strategies, including routing to the
applicable exchange through another participant or market center or
taking that exchange's data indirectly. Accordingly, if the Exchange
charges excessive fees, it would stand to lose not only connectivity
revenues but also revenues associated with the execution of orders
routed to it, and, to the extent applicable, market data revenues. The
Exchange believes that this competitive dynamic imposes powerful
restraints on the ability of any exchange to charge unreasonable fees
for connectivity.
    Furthermore, the proposed rule change is also an equitable
allocation of reasonable dues, fees, and other charges as the Exchange
believes that the increased fees obtained will enable it to cover its
increased infrastructure costs associated with establishing physical
ports to connect to the Exchange's Systems. The additional revenue from
the increased fees will also enable the Exchange to continue to
maintain and improve its market technology and services.
Physical Ports
    The Exchange believes that the proposed fees for a 10 gigabyte
circuit of $6,000 per month is reasonable in that they are less than
analogous fees charged by the Nasdaq Stock Market LLC (``Nasdaq'') and
NYSE Arca, Inc. (``Arca''), which range from $10,000-$15,000 per month
for 10 gigabyte circuits.\14\ The Exchange believes that the proposed
rates are equitable and non-discriminatory in that they apply uniformly
to all Members and non-Members. Members and non-Members will continue
to choose whether they want more than one physical port and

choose the method of connectivity based on their specific needs. All
Exchange Members that voluntarily select various service options will
be charged the same amount for the same services. As is true of all
physical connectivity, all Members and non-Members have the option to
select any connectivity option, and there is no differentiation with
regard to the fees charged for the service.
---------------------------------------------------------------------------

    \14\ See Nasdaq Rule 7034(b) and the NYSE Arca fee schedule
available at https://www.nyse.com/publicdocs/nyse/markets/nyse-arca/NYSE_Arca_Marketplace_Fees.pdf (dated December 2, 2016).
---------------------------------------------------------------------------

Logical Ports
    The Exchange believes that the increase of fees for logical ports
represents an equitable allocation of reasonable dues, fees and other
charges. The Exchange believes that its proposed changes to logical
port fees are reasonable in light of the benefits to Exchange
participants of direct market access and receipt of data. The Exchange
believes its proposed fees are reasonable because Nasdaq and NYSE Arca
charge comparable rates for logical ports to access such markets.\15\
---------------------------------------------------------------------------

    \15\ See Nasdaq Rule 7015(b) (charging a fee of $575 per month
for FIX Trading Ports) and the NYSE Arca fee schedule available at
https://www.nyse.com/publicdocs/nyse/markets/nyse-arca/NYSE_Arca_Marketplace_Fees.pdf (dated December 2, 2016) (charging a
fee of $550 per month for ports for order/quote entry).
---------------------------------------------------------------------------

Bats Connect
    The Exchange also believes that its proposed fees for Bats Connect
provide for the equitable allocation of reasonable dues, fees and other
charges among members and other persons using its facilities. First,
the Exchange charges a connectivity fee to subscribers utilizing Bats
Connect to route orders to other exchanges and market centers that are
connected to the Exchange's network, which varies based solely on the
amount of bandwidth selected by the subscriber. The proposed increased
connectivity fees remain reasonable and competitive as compared to
similar fees charged by other exchanges. For purposes of order routing,
the Exchange proposes to now charge $500 for 1 Mb, $1,000 for 5 Mb, and
$1,250 for 10 Mb. The New York Stock Exchange, Inc. (``NYSE'')
currently charges $300 for 1 Mb, $700 for 5 Mb, and $900 for 10 Mb.\16\
In addition, the proposed rates continue to be less than what a
subscriber would pay to connect directly to another exchange.\17\ The
Exchange notes that, overall, the connectivity fee for routing of
orders to other market centers proposed by the Exchange is similar to
that charged by the NYSE.
---------------------------------------------------------------------------

    \16\ See Section 3.6.1 of NYSE's SFTI Americas Product and
Service List available at http://www.nyxdata.com/docs/connectivity.
    \17\ See e.g., Nasdaq Rule 7034(b) and the Co-Location section
of the NYSE Arca fee schedule available at https://www.nyse.com/publicdocs/nyse/markets/nyse-arca/NYSE_Arca_Marketplace_Fees.pdf
(dated December 2, 2016).
---------------------------------------------------------------------------

    Second, with regard to utilizing Bats Connect to receive market
data products from other exchanges, the Exchange only charges
subscribers a connectivity fee, the amount of which is based solely on
the amount of bandwidth required to transmit that specific data product
to the subscribers. The Exchange believes it is necessary to increase
the rates for select market data feeds as described herein to address
changes in bandwidth necessary to receive such feeds. The increased
fees will also enable the Exchange to continue to cover the increased
infrastructure costs while also enabling it to continue to maintain and
improve the service.
    The amounts of the connectivity fees continue to be reasonable as
compared to similar fees charged by other exchanges. For example, for
market data connectivity, Nasdaq charges $1,412 per month for CQS/CTS
data feed, and the Exchange proposes to charge $1,400 per month
connectivity for CQS/CTS data feed.\18\
---------------------------------------------------------------------------

    \18\ See Nasdaq Rule 7034 (setting forth Nasdaq's connectivity
fees for receipt of third party market data products).
---------------------------------------------------------------------------

    The Exchange believes it is reasonable to offer such discounted
pricing to subscribers who purchase connectivity to a bundle of market
data products as it would enable them to reduce their overall
connectivity costs for the receipt of market data. The Exchange is not
required by any rule or regulation to make Bats Connect available; nor
are subscribers required by any rule or regulation to utilize Bats
Connect. Accordingly, subscribers can discontinue use at any time and
for any reason, including due to an assessment of the reasonableness of
fees charged. Moreover, the Exchange believes the proposed fees are
reasonable and equitable because they continue to be based on the
Exchange's costs to cover the amount of bandwidth required to provide
connectivity to the select bundle of data feeds. The proposed fees will
continue to allow the Exchange to recoup this cost, while providing
subscribers with an alternative means to connect to the select bundle
of data feeds at a discounted rate.
    Lastly, the Exchange believes the proposed fees are reasonable and
equitable because they are based on the Exchange's costs to cover
hardware, installation, testing and connection, as well as expenses
involved in maintaining and managing the service. The proposed fees
allow the Exchange to recoup these costs, while providing subscribers
with an alternative means to connect to other exchange and market
centers. The Exchange believes that the proposed fees are reasonable
and equitable in that they reflect the costs and the benefit of
providing alternative connectivity.

(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. As discussed above, the
Exchange believes that fees for connectivity are constrained by the
robust competition for order flow among exchanges and non-exchange
markets. The Exchange does not believe that the proposed changes
represent a significant departure from previous pricing offered by the
Exchange or pricing offered by the Exchange's competitors.
Additionally, Members may opt to disfavor the Exchange's pricing if
they believe that alternatives offer them better value. Further,
excessive fees for connectivity would serve to impair an exchange's
ability to compete for order flow rather than burdening competition.
    Lastly, the Exchange does not believe the proposed fees for Bats
Connect will result in any burden on competition. The proposed rule
change is designed to provide subscribers with an alternative means to
access other market centers on the Exchange's network if they choose or
in the event of a market disruption where other alternative connection
methods become unavailable. Bats Connect is not the exclusive method to
connect to these market centers and subscribers may utilize alternative
methods to connect to the product if they believe the Exchange's
proposed pricing is unreasonable or otherwise. Therefore, the Exchange
does not believe the proposed rule change will have any effect on
competition.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

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 \19\ and paragraph (f) of Rule 19b-4 thereunder. 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.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
---------------------------------------------------------------------------

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-BatsBZX-2016-89 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsBZX-2016-89. 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 the 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-BatsBZX-2016-89 and
should be submitted on or before February 3, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-00607 Filed 1-12-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Page 60387]
[FR Doc No: 2019-24421]

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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
corporate filings:

    Docket Numbers: EC20-13-000.
    Applicants: Electric Energy, Inc., GridLiance HeartLand LLC.
    Description: Joint Application Under Section 203 of the Federal
Power Act of GridLiance HeartLand LLC, and Electric Energy, Inc.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5299.
    Comments Due: 5 p.m. ET 11/22/19.

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

    Docket Numbers: ER20-280-001.
    Applicants: Skookumchuck Wind Energy Project, LLC.
    Description: Tariff Amendment: Amendment to MBR Authority
Application and Initial Baseline Tariff Filing to be effective 12/1/
2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5202.
    Comments Due: 5 p.m. ET 11/22/19.

    Docket Numbers: ER20-293-000.
    Applicants: Brickyard Hills Project, LLC.
    Description: Tariff Cancellation: Notice of Cancellation of Market-
Based Tariff for Brickyard Hills Project to be effective 11/2/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5276.
    Comments Due: 5 p.m. ET 11/22/19.

    Docket Numbers: ER20-294-000.
    Applicants: Sun Streams, LLC.
    Description: Sec.  205(d) Rate Filing: Shared Facilities Common
Ownership Agreement to be effective 11/2/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5280.
    Comments Due: 5 p.m. ET 11/22/19.

    Docket Numbers: ER20-295-000.
    Applicants: Interstate Power and Light Company.
    Description: Sec.  205(d) Rate Filing: Interstate Power and Light
Company Wholesale Formula Rate Application to be effective 12/31/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5281.
    Comments Due: 5 p.m. ET 11/22/19.

    Docket Numbers: ER20-296-000.
    Applicants: Wisconsin Power and Light Company.
    Description: Sec.  205(d) Rate Filing: Wisconsin Power and Light
Company Wholesale Formula Rate Application to be effective 12/31/2019.
    Filed Date: 11/1/19.
    Accession Number: 20191101-5282.
    Comments Due: 5 p.m. ET 11/22/19.

    Docket Numbers: ER20-297-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPA/
ISA No. 4374/Queue No. AB1-037 to be effective 11/12/2019.
    Filed Date: 11/4/19.
    Accession Number: 20191104-5034.
    Comments Due: 5 p.m. ET 11/25/19.

    Docket Numbers: ER20-298-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPA/SA
No. 4375; Queue No. AB1-038 to be effective 11/12/2019.
    Filed Date: 11/4/19.
    Accession Number: 20191104-5054.
    Comments Due: 5 p.m. ET 11/25/19.

    Docket Numbers: ER20-299-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Notice of Cancellation of Jurisdictional Agreements of
Duke Energy Florida, LLC.
    Filed Date: 11/4/19.
    Accession Number: 20191104-5061.
    Comments Due: 5 p.m. ET 11/25/19.

    Docket Numbers: ER20-300-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPA/SA
No. 4376/Queue No. AB1-039 to be effective 11/12/2019.
    Filed Date: 11/4/19.
    Accession Number: 20191104-5073.
    Comments Due: 5 p.m. ET 11/25/19.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF20-202-000.
    Applicants: Eco Green Generation LLC.
    Description: Form 556 of Eco Green Generation LLC [Clean Power #8].
    Filed Date: 11/1/19.
    Accession Number: 20191101-5308.
    Comments Due: None Applicable.

    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: November 4, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-24421 Filed 11-7-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 185 (Tuesday, September 24, 2013)]
[Proposed Rules]
[Pages 58490-58491]
[FR Doc No: 2013-23218]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0786; Airspace Docket No. 12-AAL-13]

Proposed Establishment of Class E Airspace; Donlin Creek, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace at Donlin
Creek Airport, Donlin Creek, AK. Controlled airspace is necessary to
accommodate aircraft using the new Area Navigation (RNAV) Global
Positioning System (GPS) standard instrument approach procedures at the
airport. The FAA is proposing this action to enhance the safety and
management of aircraft operations at the airport.

DATES: Comments must be received on or before November 8, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2013-
0786; Airspace Docket No. 12-AAL-13, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2013-0786 and Airspace Docket No. 12-AAL-13) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2013-0786 and Airspace Docket No. 12-AAL-13''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center,

Operations Support Group, 1601 Lind Avenue SW., Renton, WA 98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by establishing Class E airspace at Donlin
Creek, AK, providing the controlled airspace required to support the
new RNAV (GPS) standard instrument approaches and departures at the
Donlin Creek Airport. Controlled airspace extending upward from 700
feet above the surface is required for IFR operations within a 2 mile
radius of the airport with an extension from the 2-mile radius to 8.5
miles northwest of the airport. This action would enhance the safety
and management of aircraft operations at the airport.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9X, dated August 7, 2013, and effective September 15,
2013, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish controlled airspace at Donlin Creek Airport,
Donlin Creek, AK.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AAL AK E5 Donlin Creek, AK [New]

Donlin Creek Airport, AK
    (Lat. 62[deg]01'57'' N., long. 158[deg]14'11'' W.)

    That airspace extending upward from 700 feet above the surface
within a 2-mile radius of Donlin Creek Airport, and within 2-miles
each side of the 312[deg] bearing extending from the 2-mile radius
to 8.5-miles northwest of the airport.

    Issued in Seattle, Washington, on September 16, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-23218 Filed 9-23-13; 8:45 am]
BILLING CODE 4910-13-P