[Federal Register: September 18, 2008 (Volume 73, Number 182)]
[Proposed Rules]
[Page 54091-54092]
[DOCID:fr18se08-21]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0458; Airspace Docket No. 08-AAL-17]

Proposed Establishment of Class E Airspace; Shageluk, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to establish Class E airspace at
Shageluk, AK. Two Standard Instrument Approach Procedures (SIAPs) are
being developed for the Shageluk Airport at Shageluk, AK. Adoption of
this proposal would result in creating Class E airspace upward from 700
feet (ft.) and 1,200 ft. above the surface at the Shageluk Airport,
Shageluk, AK.

DATES: Comments must be received on or November 3, 2008.

ADDRESSES: Send comments on the proposal to the Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2008-0458/Airspace Docket
No. 08-AAL-17, at the beginning of your comments. You may also submit
comments on the Internet at http://www.regulations.gov. You may review
the public docket containing the proposal, any comments received, and
any final disposition in person in the Dockets Office between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527) is on the plaza level of the
Department of Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business
hours at the office of the Manager, Safety, Alaska Flight Service
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.alaska.faa.gov/at.

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 and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2008-0458/
Airspace Docket No. 08-AAL-17.'' 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 notice 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 Notice of Proposed Rulemaking (NPRM)

    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 or the Superintendent of Document's Web page at http://
www.access.gpo.gov/nara/index.html.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration, Office of
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW.,
Washington, DC 20591 or by calling<PHONE_NUMBER>. Communications must
identify both docket numbers for this notice. Persons interested in
being placed on a mailing list for future NPRMs should contact the
FAA's Office of Rulemaking,<PHONE_NUMBER>, to request a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.

The Proposal

    The FAA is considering an amendment to the Code of Federal
Regulations (14 CFR part 71), which would establish Class E airspace at
the Shageluk Airport, in Shageluk, AK. The intended effect of this
proposal is to create Class E airspace upward from 700 ft. and 1,200
ft. above the surface to contain Instrument Flight Rules (IFR)
operations at the Shageluk Airport, Shageluk, AK.
    The FAA Instrument Flight Procedures Production and Maintenance
Branch has created two new SIAPs for the Shageluk Airport. The SIAPs
are (1) the Area Navigation (RNAV) Global Positioning System (GPS)
Runway (RWY) 16, Original and (2) the RNAV (GPS) RWY 34, Original.
Class E controlled airspace extending upward from 700 ft. and 1,200 ft.
above the surface in the Shageluk Airport area would be established by
this action. The proposed airspace is sufficient in size to contain
aircraft executing the instrument procedures at the Shageluk Airport,
Shageluk, AK.
    The area would be depicted on aeronautical charts for pilot
reference. The coordinates for this airspace docket are based on North
American Datum 83. The Class E airspace areas designated as 700/1200
foot transition areas are published in paragraph 6005 in FAA Order
7400.9R, Airspace Designations and Reporting Points, signed August 15,
2007, and effective September 15, 2007, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designations listed in
this document would be published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(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 that this rule, when promulgated, will 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 United States Code. Subtitle 1,

section 106 describes the authority of 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 1, section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it proposes to create Class E airspace sufficient in size to contain
aircraft executing instrument procedures at the Shageluk Airport, AK,
and represents the FAA's continuing effort to safely and efficiently
use the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

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

    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]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9R, Airspace Designations and
Reporting Points, signed August 15, 2007, and effective September 15,
2007, is to be amended as follows:
* * * * *

Paragraph 6005 Class E Airspace Extending Upward From 700 Feet or
More Above the Surface of the Earth.

* * * * *

AAL AK E5 Shageluk, AK [New]

Shageluk, Shageluk Airport, AK
    (Lat. 62[deg]41'32'' N, long. 159[deg]34'09'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of the Shageluk Airport, AK; and that
airspace extending upward from 1,200 feet above the surface within a
73-mile radius of the Shageluk Airport, AK.
* * * * *

    Issued in Anchorage, AK, on September 9, 2008.
Marshall G. Severson,
Acting Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E8-21780 Filed 9-17-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 148 (Friday, July 31, 2020)]
[Rules and Regulations]
[Pages 45990-45993]
[FR Doc No: 2020-16592]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0723; Project Identifier AD-2020-00586-Q;
Amendment 39-21192; AD 2020-16-08]
RIN 2120-AA64

Airworthiness Directives; Aspen Avionics, Inc.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Aspen Avionics, Inc., Evolution Flight Display (EFD) EFD1000
Emergency Backup Display, EFD1000 Multi-Function Display, and EFD1000
Primary Flight Display systems installed on various airplanes. This AD
imposes operating restrictions on these display systems by revising the
Limitations section of the airplane flight manual (AFM). This AD was
prompted by an automatic reset occurring when the display internal
monitor detects a potential fault, causing intermittent loss of
airspeed, attitude, and altitude information during flight. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective August 17, 2020.
    The FAA must receive comments on this AD by September 14, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

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-2020-
0723; 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 street address for the Docket Operations is
listed above. Comments will be available in the AD docket shortly after
receipt.
    For service information identified in this final rule, contact
Aspen Avionics, Inc. at either address: 5001 Indian School Rd. NE,
Suite 100, Albuquerque, NM 87110; or 19820 N 7th Street, Suite 150,
Phoenix, AZ 85024; telephone: 1<PHONE_NUMBER>; internet: https://aspenavionics.com/contact/.

FOR FURTHER INFORMATION CONTACT: Mahmood Shah, Aerospace Engineer, Fort
Worth ACO Branch, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On February 25, 2020, Aspen Avionics, Inc. (Aspen), notified the
FAA of 35 instances of software interacting with a graphics processing
chip defect and causing an automatic reset to occur on Aspen EFD1000
Emergency Backup Display, EFD1000 Multi-Function Display, and EFD1000
Primary Flight Display systems. The reset occurs when the display
internal monitor detects a potential fault. The display will go black
and then it will restart, which lasts about 50 seconds. In
installations where multiple Aspen EFDs serve as the primary and backup
attitude, altitude, and airspeed displays instead of independent
instruments; this repeat resetting may affect both Aspen units,
resulting in loss of all attitude, altitude, and airspeed information
during the reset period. Loss of all airspeed, attitude, and altitude
information during flight may cause a loss of control of the airplane
in instrument meteorological conditions (IMC) or at night. The actions
required by this AD will restrict operations to flight under visual
flight rules (VFR) and prohibit night operations to allow safe
operation in the event of a loss of flight display functionality.

Related Service Information

    The FAA reviewed Aspen Operator Advisory OA2020-01, dated March 3,
2020. This document advises operators of the automatic reset event and
provides recommended operating limitations.
    The FAA also reviewed Aspen Service Bulletin Number: SB2020-01,
dated April 1, 2020. This document provides instructions for updating
the EFD software to correct the automatic reset issue. This AD does not
apply to airplanes that are compliant with this service information.

FAA's Determination

    The FAA is issuing this AD because it evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires revising the AFM limitations section to add
language restricting operations to Day VFR only, either by making a pen
and ink change or by inserting a copy of this AD.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because intermittent loss of attitude, altitude, and airspeed
information during flight could result in loss of control of the
airplane in IMC or at night. The required corrective actions must be
accomplished before further flight, which does not allow the time
necessary for the public to comment and for publication of the final
rule. Therefore, the FAA finds good cause that notice and opportunity
for prior public comment are impracticable. In addition, for the reason
stated above, the FAA finds that good cause exists for making this
amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the Docket Number FAA-2020-
0711 and Product Identifier MCAI-2020-00719-A at the beginning of your
comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments we receive, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact we receive about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Mahmood
Shah, Aerospace Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood
Pkwy, Fort Worth, TX 76177. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Costs of Compliance

    The FAA estimates that this AD affects 900 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revise Flight Manual...............  0.25 work-hour x $85.00 per           $0.00          $21.25      $19,125.00
                                      hour = $21.25.
----------------------------------------------------------------------------------------------------------------

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.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator,

the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2020-16-08 Aspen Avionics, Inc.: Amendment 39-21192; Docket No. FAA-
2020-0723; Project Identifier AD-2020-00586-Q.

(a) Effective Date

    This AD is effective August 17, 2020.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to Aspen Avionics, Inc., Evolution Flight
Display (EFD) EFD1000 Primary Flight Display part number (P/N) 910-
00001-011, EFD1000 Multi-Function Display P/N 910-00001-012, and
EFD1000 Emergency Backup Display P/N 910-00001-017 units that meet
both conditions in paragraphs (c)(1)(i) and (ii) of this AD.
    (i) Software version 2.10 or 2.10.1 is installed;
    (ii) Independent attitude, altitude, and airspeed back-up
instruments are not installed.
    (2) These flight display units may be installed on, but are not
limited to, the following airplanes, certificated in any category:
    (i) Aermacchi S.p.A. Model S.205-18/F, S.205-18/R, S.205-20/F,
S.205-20/R, S.205-22/R, S.208, and S.208A airplanes;
    (ii) Aeronautica Macchi S.p.A. Model AL 60 (previously
designated as Model LASA 60), AL 60-B, AL 60-C5, and AL 60-F5
airplanes;
    (iii) Aerostar Aircraft Corporation Model PA-60-600 (Aerostar
600), PA-60-601 (Aerostar 601), PA-60-601P (Aerostar 601P), and PA-
60-602P (Aerostar 602P) airplanes;
    (iv) Alexandria Aircraft, LLC (type certificate previously held
by Bellanca, Inc.), Model 14-19, 14-19-2, 14-19-3, 14-19-3A, 17-30,
17-30A, 17-31, 17-31A, 17-31ATC, and 17-31TC airplanes;
    (v) American Champion Aircraft Corp. Model 402, 7ECA, 7GCAA,
7GCBC, 7KCAB, 8GCBC, and 8KCAB airplanes;
    (vi) CEAPR (type certificate previously held by APEX) Model CAP
10 B airplanes;
    (vii) Cirrus Design Corporation Model SR20 and SR22 airplanes;
    (viii) Commander Aircraft Corporation (type certificate
previously held by CPAC, Inc.) Model 112, 112B, 112TC, 112TCA, 114,
114A, 114B, and 114TC airplanes;
    (ix) Consolidated Vultee Aircraft Corporation, Stinson Division
Model V-77 (Army AT-19) airplanes;
    (x) Cougar Aircraft Corporation (type certificate previously
held by SOCATA, S.A.) Model GA-7 airplanes;
    (xi) Diamond Aircraft Industries Inc. Model DA20-A1 and DA20-C1
airplanes;
    (xii) Diamond Aircraft Industries Inc. (type certificate
previously held by Diamond Aircraft Industries GmbH) Model DA 40 and
DA 40 F airplanes;
    (xiii) Discovery Aviation, Inc. (type certificate previously
held by Liberty Aerospace Incorporated), Model XL-2 airplanes;
    (xiv) Dynac Aerospace Corporation Model Aero Commander 100, Aero
Commander 100A, Aero Commander 100-180, Volaire 10, and Volaire 10A
airplanes;
    (xv) EADS-PZL ``Warszawa-Okecie'' S.A. (type certificate
previously held by Panstwowe Zaklady Lotnicze) Model PZL-104 WILGA
80, PZL-104M WILGA 2000, PZL-104MA WILGA 2000, PZL-KOLIBER 150A, and
PZL-KOLIBER 160A airplanes;
    (xvi) Extra Flugzeugproduktions- und Vertriebs- GmbH (type
certificate previously held by Extra Flugzeugbau GmbH) Model EA 300,
EA 300/L, EA 300/S, EA 300/200, and EA 300/LC airplanes;
    (xvii) Frakes Aviation Model G-44 (Army OA-14, Navy J4F-2), G-
44A, and SCAN Type 30 airplanes;
    (xviii) FS 2003 Corporation (type certificate previously held by
The New Piper Aircraft, Inc.) Model PA-12 and PA-12S airplanes;
    (xix) GROB Aircraft AG (type certificate previously held by GROB
Aerospace GmbH i.l.) Model G115, G115A, G115B, G115C, G115C2, G115D,
G115D2, G115EG, and G120A airplanes;
    (xx) Helio Aircraft, LLC, Model H-250, H-295 (USAF U-10D), H-391
(USAF YL-24), H-391B, H-395 (USAF L-28A and U-10B), H-395A, H-700,
H-800, HST-550, HST-550A (USAF AU-24A), and HT-295 airplanes;
    (xxi) Interceptor Aviation Inc. (type certificate previously
held by Interceptor Aircraft Corporation) Model 200, 200A, 200B,
200C, 200D, and 400 airplanes;
    (xxii) Lockheed Martin Aeronautics Company Model 402-2
airplanes;
    (xxiii) Maule Aerospace Technology, Inc. (type certificate
previously held by Maule Aircraft Corporation), Model Bee Dee M-4,
M-4, M-4C, M-4S, M-4T, M-4-180C, M-4-180S, M-4-180T, M-4-210, M-4-
210C, M-4-210S, M-4-210T, M-4-220, M-4-220C, M-4-220S, M-4-220T, M-
5-180C, M-5-200, M-5-210C, M-5-210TC, M-5-220C, M-5-235C, M-6-180,
M-6-235, M-7-235, M-7-235A, M-7-235B, M-7-235C, M-7-260, M-7-260C,
M-7-420A, M-7-420AC, M-8-235, MT-7-235, MT-7-260, MT-7-420, MX-7-
160, MX-7-160C, MX-7-180, MX-7-180A, MX-7-180AC, MX-7-180B, MX-7-
180C, MX-7-235, MX-7-420, MXT-7-160, MXT-7-180, and MXT-7-180A
airplanes;
    (xxiv) Mooney Aircraft Corporation Model M22 airplanes;
    (xxv) Mooney International Corporation (type certificate
previously held by Mooney Aviation Company, Inc.) Model M20, M20A,
M20B, M20C, M20D, M20E, M20F, M20G, M20J, M20K, M20L, M20M, M20R,
M20S, M20TN, M20U, and M20V airplanes;
    (xxvi) Pacific Aerospace Ltd. (type certificate previously held
by Found Aircraft Canada, Inc.) Model FBA-2C, FBA-2C1, and FBA-2C2
airplanes;
    (xxvii) Pilatus Aircraft Ltd. Model PC-6, PC-6-H1, PC-6-H2, PC-
6/350, PC-6/350-H1, PC-6/350-H2, PC6/A, PC-6/A-H1, PC-6/A-H2, PC-6/
B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2
airplanes;
    (xxviii) Piper Aircraft, Inc. (type certificate previously held
by The New Piper Aircraft, Inc.), Model PA-18, PA-18 ``105''
(Special), PA-18 ``125'' (Army L-21A), PA-18 ``135'' (Army L-21B),
PA-18 ``150,'' PA-18A, PA-18A ``135,'' PA-18A ``150,'' PA-18AS
``125,'' PA-18AS ``135,'' PA-18AS ``150,'' PA-18S, PA-18S ``105''
(Special), PA-18S ``125,'' PA-18S ``135,'' PA-18S ``150,'' PA-19
(Army L-18C), PA-19S, PA-20, PA-20 ``115,'' PA-20 ``135,'' PA-20S,
PA-20S ``115,'' PA-20S ``135,'' PA-22, PA-22-108, PA-22-135, PA-22-
150, PA-22-160, PA-22S-135, PA-22S-150, PA-22S-160, PA-23, PA-23-
160, PA-23-235, PA-23-250, PA-24, PA-24-250, PA-24-260, PA-24-400,
PA-28-140, PA-28-150, PA-28-151, PA-28-160, PA-28-161, PA-28-180,
PA-28-181, PA-28-201T, PA-28-235, PA-28-236, PA-28R-180, PA-28R-200,
PA-28R-201, PA-28R-201T, PA-28RT-201, PA-28RT-201T, PA-28S-160, PA-
28S-180, PA-30, PA-32-260, PA-32-300, PA-32-301, PA-32-301FT, PA-32-
301T, PA-32-301XTC, PA-32R-300, PA-32R-301 (HP), PA-32R-301 (SP),
PA-32R-301T, PA-32RT-300, PA-32RT-300T, PA-32S-300, PA-34-200, PA-
34-200T, PA-34-220T, PA-39, PA-40, PA-44-180, PA-44-180T, PA-46-
310P, and PA-46-350P airplanes;
    (xxix) Polskie Zaklady Lotnicze Spolka zo.o. (type certificate
previously held by PZL MIELEC) Model PZL M26 01 airplanes;
    (xxx) Revo, Incorporated Model Colonial C-1, Colonial C-2, Lake
LA-4, Lake LA-4A, Lake LA-4P, Lake LA-4-200, and Lake Model 250
airplanes;
    (xxxi) Robert E. Rust, Jr. (type certificate previously held by
Robert E. Rust), Model DHC-1 Chipmunk Mk 21, DHC-1 Chipmunk Mk 22,
and DHC-1 Chipmunk Mk 22A airplanes;
    (xxxii) Sierra Hotel Aero, Inc. (type certificate previously
held by Navion Aircraft LLC), Model Navion (Army L-17A), Navion A
(Army L-17B and L-17C), Navion B, Navion D, Navion E, Navion F,
Navion G, and Navion H airplanes;
    (xxxiii) Slingsby Aviation Ltd. Model T67M260 and T67M260-T3A
airplanes;
    (xxxiv) SOCATA (type certificate previously held by Socata
Groupe Aerospatiale) Model MS 880B, MS 885, MS 892A-150, MS 892E-
150, MS 893A, MS 893E, MS 894A, MS 894E, Rallye 100S, Rallye 150ST,
Rallye 150T, Rallye 235C, Rallye 235E, TB 9, TB 10, TB 20, TB 21,
and TB 200 airplanes;
    (xxxv) Spartan Aircraft Company Model 7W (Army UC-71) airplanes;
    (xxxvi) SST FLUGTECHNIK GmbH Model EA 400 and EA 400-500
airplanes;
    (xxxvii) Swift Museum Foundation, Inc. (type certificate
previously held by Univair Aircraft Corporation), Model GC-1A and
GC-1B airplanes;
    (xxxviii) Symphony Aircraft Industries Inc. (type certificate
previously held by Ostmecklenburgische Flugzeugbau GmbH), Model OMF-
100-160 and SA 160 airplanes;

    (xxxix) Textron Aviation Inc. (type certificate previously held
by Cessna Aircraft Company) Model 120, 140, 140A, 150, 150A, 150B,
150C, 150D, 150E, 150F, 150G, 150H, 150J, 150K, 150L, 150M, 152,
170, 170A, 170B, 172, 172A, 172B, 172C, 172D, 172E, 172F (USAF T-
41A), 172G, 172H (USAF T-41A), 172I, 172K, 172L, 172M, 172N, 172P,
172Q, 172R, 172RG, 172S, 175, 175A, 175B, 175C, 177, 177A, 177B,
177RG, 180, 180A, 180B, 180C, 180D, 180E, 180F, 180G, 180H, 180J,
180K, 182, 182A, 182B, 182C, 182D, 182E, 182F, 182G, 182H, 182J,
182K, 182L, 182M, 182N, 182P, 182Q, 182R, 182S, 182T, 185, 185A,
185B, 185C, 185D, 185E, 206, 206H, 207, 207A, 210, 210A, 210B, 210C,
210D, 210E, 210F, 210G, 210H, 210J, 210K, 210L, 210M, 210N, 210R,
210-5 (205), 210-5A (205A), 310, 310A (USAF U-3A), 310B, 310C, 310D,
310E (USAF U-3B), 310F, 310G, 310H, 310I, 310J, 310J-1, 310K, 310L,
310N, 310P, 310Q, 310R, 320, 320A, 320B, 320C, 320D, 320E, 320F,
320-1, 335, 336, 337, 337A, 337B, 340, 340A, A150K, A150L, A150M,
A152, A185E, A185F, E310H, E310J, LC40-550FG, LC41-550FG, LC42-
550FG, P172D, P206, P206A, P206B, P206C, P206D, P206E, P210N, P210R,
R172E (USAF T-41B, USAF T-41C and D), R172F (USAF T-41D), R172G
(USAF T-41C and D), R172H (USAF T-41D), R172J, R172K, R182, T182,
T182T, T206H, T207, T207A, T210F, T210G, T210H, T210J, T210K, T210L,
T210M, T210N, T210R, T303, T310P, T310Q, T310R, TP206A, TP206B,
TP206C, TP206D, TP206E, TR182, TU206A, TU206B, TU206C, TU206D,
TU206E, TU206F, TU206G, U206, U206A, U206B, U206C, U206D, U206E,
U206F, and U206G airplanes;
    (xl) Textron Aviation Inc. (type certificate previously held by
Beechcraft Corporation), Model 19A, 23, 35, 35R, 35-33, 35-A33, 35-
B33, 35-C33, 35-C33A, 36, 45 (YT-34), 50 (L-23A), 56TC, 58, 58A,
58P, 58PA, 58TC, 58TCA, 76, 95, 95-55, 95-A55, 95-B55, 95-B55A, 95-
B55B (T-42), 95-C55, 95-C55A, A23, A23A, A23-19, A23-24, A24, A24R,
A35, A36, A36TC, A45 (T-34A, B-45), A56TC, B19, B23, B24R, B35,
B36TC, B50 (L-23B), B95, B95A, C23, C24R, C35, C50, D35, D45 (T-
34B), D50 (L-23E), D50A, D50B, D50C, D50E, D50E-5990, D55, D55A,
D95A, E33, E33A, E33C, E35, E50 (L-23D, RL-23D), E55, E55A, E95,
F33, F33A, F33C, F35, F50, G33, G35, G50, H35, H50, J35, J50, K35,
M19A, M35, N35, P35, S35, V35, V35A, and V35B airplanes;
    (xli) The Boeing Company (type certificate previously held by
Rockwell International) Model AT-6 (SNJ-2), AT-6A (SNJ-3), AT-6B,
AT-6C (SNJ-4), AT-6D (SNJ-5), AT-6F (SNJ-6, SNJ-7), BC-1A, and T-6G
airplanes;
    (xlii) The King's Engineering Fellowship (TKEF) Model 44
airplanes;
    (xliii) The Waco Aircraft Company Model YMF airplanes;
    (xliv) Topcub Aircraft, Inc., Model CC18-180 and CC18-180A
airplanes;
    (xlv) True Flight Holdings LLC (type certificate previously held
by Tiger Aircraft LLC) Model AA-1, AA-1A, AA-1B, AA-1C, AA-5, AA-5A,
AA-5B, and AG-5B airplanes;
    (xlvi) Twin Commander Aircraft LLC (type certificate previously
held by Twin Commander Aircraft Corporation) Model 500, 520, 560,
and 560A airplanes;
    (xlvii) Univair Aircraft Corporation Model 108, 108-1, 108-2,
108-3, and 108-5 airplanes;
    (xlviii) Viking Air Limited (type certificate previously held by
Bombardier Inc. and deHavilland Inc.) Model DHC-2 Mk. I, DHC-2 Mk.
II, and DHC-2 Mk. III airplanes;
    (xlix) Vulcanair S.p.A. (type certificate previously held by
Partenavia Costruzioni Aeronautiche S.p.A.) Model AP68TP-300
``Spartacus,'' AP68TP-600 ``Viator,'' P.68, P.68 ``Observer,'' P.68
``Observer 2,'' P.68B, P.68C, P.68C-TC, and P.68TC ``Observer''
airplanes;
    (l) WSK PZL Mielec and OBR SK Mielec Model PZL M20 03 airplanes;
    (li) W.Z.D. Enterprises Inc. (type certificate previously held
by JGS Properties, LLC) Model 11A and 11E airplanes;
    (lii) Zenair Ltd. Model CH2000 airplanes; and
    (liii) Zlin Aircraft a.s. (type certificate previously held by
Moravan a.s.) Model Z-143L and Z-242L airplanes.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 3410, FLIGHT ENVIRONMENT DATA; 3420, ATTITUDE
AND DIRECTION DATA SYSTEM.

(e) Unsafe Condition

    This AD was prompted by an automatic reset occurring when the
display internal monitor detects a potential fault causing
intermittent loss of airspeed, attitude, and altitude information
during flight. The FAA is issuing this AD to address the software
interacting with a graphics processing chip defect. The unsafe
condition, if not addressed, could result in intermittent loss of
airspeed, attitude, and altitude information during flight with
consequent loss of airplane control.

(f) Compliance

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

(g) Required Actions

    (1) Before further flight, revise the limitations section of the
airplane flight manual (AFM) for your airplane by inserting a copy
of this AD or by making a pen and ink change to add: ``Operation
under Instrument Flight Rules (IFR) or night Visual Flight Rules
(VFR) is prohibited.''
    (2) The action required by paragraph (g)(1) of this AD may be
performed by the owner/operator (pilot) holding at least a private
pilot certificate and must be entered into the aircraft records
showing compliance with this AD in accordance with 14 CFR 43.9(a)(1)
through (4) and 14 CFR 91.417(a)(2)(v). The record must be
maintained as required by 14 CFR 91.417. This authority is not
applicable to aircraft being operated under 14 CFR part 119.

(h) Special Flight Permit

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Fort Worth 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 (j).
    (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.

(j) Related Information

    For more information about this AD, contact Mahmood Shah,
Aerospace Engineer, Fort Worth ACO Branch, FAA, 10101 Hillwood Pkwy,
Fort Worth, TX 76177; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
    Issued on July 24, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-16592 Filed 7-30-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Notices]
[Pages 38364-38366]
[FR Doc No: 2021-15343]

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

[Release No. 34-92408; File No. SR-CboeBZX-2021-050]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fee Schedule To Eliminate the Opt-In Functionality Offered Under
the Lead Market Maker Pricing

July 14, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 12, 2021, Cboe BZX Exchange, Inc. (``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 Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') is filing
with the Securities and Exchange Commission (``Commission'') a proposed
rule change to amend the Fee Schedule. The text of the proposed rule
change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule applicable to its
equities trading platform (``BZX Equities'') to eliminate the opt-in
functionality offered under the Lead Market Maker (``LMM'') Pricing
provided under footnote 14. Specifically, the Exchange is proposing to
automatically provide an LMM with the greater of the LMM Liquidity
Provision Rates or the LMM Add Liquidity Rebate instead of requiring an
LMM to opt-in.\3\
---------------------------------------------------------------------------

    \3\ The Exchange initially filed the proposed fee changes July
1, 2021 (SR-CboeBZX-2021-049). On July 12, 2021, the Exchange
withdrew that filing and submitted this proposal.
---------------------------------------------------------------------------

    The Exchange currently offers a comprehensive liquidity provision
program to incentivize LMMs to provide enhanced market quality across
all BZX-listed securities. Specifically, as provided in paragraph (A)
of footnote 14, the Exchange offers the LMM Liquidity Provision Rates
which provide LMMs daily incentives that are based on whether the LMM
meets certain performance based criteria (i.e., the applicable Minimum
Performance Standard 4).5 The Exchange provides
each LMM with a daily incentive based on how many Qualified Securities
or Enhanced Securities \6\ the LMM has and the average aggregate daily
auction volume in the BZX-listed securities for which it is an LMM
(``LMM Securities''). The LMM Liquidity Provision Rates were
implemented to incentivize LMMs to meet the Minimum Performance
Standards across all of their LMM Securities, especially for newly
listed and other lower volume securities. The Exchange also currently
offers, as provided in paragraph (B) of footnote 14, the LMM Add
Liquidity Rebate which is available to LMMs in BZX-listed securities
that have a consolidated average daily volume (``CADV'') \7\ equal to
or greater than 1,000,000 (an ``ALR Security''). The LMM Add Liquidity
Rebate allows the Exchange to offer LMM pricing comparable to other
traditional LMM programs available on other listing

venues. Specifically, the LMM Add Liquidity Rebate encourages LMMs to
meet the Minimum Performance Standards for Qualified Securities, but
also provides the potential for additional incentives for higher volume
securities.
---------------------------------------------------------------------------

    \4\ As defined in Rule 11.8(e)(1)(E), the term ``Minimum
Performance Standards'' means a set of standards applicable to an
LMM that may be determined from time to time by the Exchange. Such
standards will vary between LMM Securities depending on the price,
liquidity, and volatility of the LMM Security in which the LMM is
registered. The performance measurements will include: (A) Percent
of time at the NBBO; (B) percent of executions better than the NBBO;
(C) average displayed size; and (D) average quoted spread..[sic].
    \5\ The current Minimum Performance Standards include: (i)
Registration as a market maker in good standing with the Exchange;
(ii) time at the inside requirements (generally between 3% and 15%
of Regular Trading Hours for Qualified Securities and between 5% to
50% for Enhanced Securities, depending on the average daily volume
of the applicable LMM Security); (iii) auction participation
requirements (generally requiring that the auction price is between
3% and 5% of the last Reference Price, as defined in Rule
11.23(a)(19), for a Qualified Security and 1%-3% for an Enhanced
Security (the ``Enhanced Auction Range''); (iv) market-wide NBB and
NBO spread and size requirements (generally requiring between 200
and 750 shares at both the NBB and NBO for both Qualified Securities
and Enhanced Securities with an NBBO spread between 1% and 10% for a
Qualified Security and .25% to 4% for Enhanced Securities, depending
on price of the security and underlying asset class); and (v) depth
of book requirements (generally requiring between $25,000 and
$250,000 of displayed posted liquidity for both Qualified Securities
and Enhanced Securities within 1% to 10% of both the NBB and NBO for
Qualified Securities and 0.25% and 5% for Enhanced Securities,
depending on price of the security and underlying asset class). See
Securities Exchange Act No. 86213 (June 27, 2019) 84 FR 31951 (July
3, 2019) (SR-CboeBZX-2019-058) (the ``Original Filing''). The
Exchange notes that as of February 1, 2021, the Enhanced Auction
Range will be .50%-3%. The Original Filing provides that ``[b]efore
diverging significantly from the ranges described above, the
Exchange will submit a rule filing to the Commission describing such
proposed changes.'' The Exchange does not believe that this change
represents a ``significant divergence'' but is instead noting the
change in order to provide transparency regarding the current state
of the Minimum Performance Standards.
    \6\ An ``Enhanced Security'' refers to a BZX-listed security
which meets certain enhanced qualifying market quality standards.
    \7\ ``CADV'' means consolidated average daily volume calculated
as the average daily volume reported for a security by all exchanges
and trade reporting facilities to a consolidated transaction
reporting plan for the three calendar months preceding the month for
which the fees apply and excludes volume on days when the market
closes early and on the Russell Reconstitution Day.
---------------------------------------------------------------------------

    As currently constructed, an LMM in an ALR Security that wants to
participate must proactively opt-in to the program using the Exchange's
ETP Portal. Further, an LMM that opts in to the LMM Add Liquidity
Rebate program will receive the LMM Add Liquidity Rebate regardless of
whether they would have been better off receiving the LMM Liquidity
Provision Rates.
    Now, the Exchange proposes to eliminate the opt-in requirement, and
instead proposes to automatically apply either the LMM Add Liquidity
Rebate or LMM Liquidity Provision Rates for each ALR Security based on
whichever would result in a greater total rebate in a particular
calendar month. In determining the applicable rebate on a monthly basis
for each ALR Security, the Exchange will choose the greater of: (i) The
monthly total LMM Liquidity Provision Rates + (the applicable per share
rebate that the LMM would receive for adding liquidity in the ALR
Security x the number of shares for which the LMM added liquidity in
the ALR Security); and (ii) $0.0039 x the number of shares for which
the LMM added liquidity in the ALR Security. If an LMM Security does
not meet the CADV requirement to be an ALR Security and become eligible
to receive the LMM Add Liquidity Rebate, the LMM will continue to be
subject to the LMM Liquidity Provision Rates by default.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with the objectives of Section 6 of the Act,\8\ in general, and
furthers the objectives of Section 6(b)(4) and 6(b)(5),\9\ 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 its listing
business operates in a highly competitive market in which market
participants, which includes both issuers and LMMs, can readily
transfer their listings or opt not to participate, respectively, if
they deem fee levels, liquidity provision incentive programs, or any
other factor at a particular venue to be insufficient or excessive. The
LMM pricing as a whole reflects a competitive pricing structure
designed to incentivize issuers to list new products and transfer
existing products to the Exchange and market participants to enroll and
participate as LMMs on the Exchange, which the Exchange believes will
enhance market quality in all securities listed on the Exchange. The
proposed amendment to the program is designed to provide an automated
value-add service to LMMs without changing the pricing structure of the
program.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposal is reasonable because it
provides a value-added service to LMMs without changing the fees and
rebates applicable to LMMs under footnote 14 of the fee schedule.
Specifically, the proposal will streamline the LMM pricing process by
eliminating the requirement that an LMM opt-in to the LMM Add Liquidity
Rebate. As described above, under the proposal an LMM would also no
longer have to consider whether it would receive higher incentives
under the LMM Liquidity Provision Rates or the LMM Add Liquidity Rebate
on a per security and per month basis. Instead, the Exchange will
automatically apply whichever rate is greater in that ALR Security for
the month. Further, as noted above, the marketplace for listings is
extremely competitive and there are several other national securities
exchanges that offer listings. Transfers between listing venues occur
frequently for numerous reasons, including market quality. The proposal
is designed to enhance the existing LMM program and is intended to help
the Exchange compete as a listing venue by streamlining the process for
LMMs to maximize their incentives. Further, the proposal does not
change any of the existing LMM fees or incentives provided under
footnote 14.
    The Exchange believes the LMM Add Liquidity Rates coupled with the
LMM Liquidity Provision Rates will continue to create a comprehensive
incentive structure that encourages participation and, further,
competition among LMMs. The proposal is intended to enhance the
existing incentive structure, and encourage participation among LMMs.
The Exchange believes that increased participation among LMMs will
result in better market quality across all of its listings, resulting
in greater market quality to the benefit of investors and other market
participants.
    The Exchange believes that the proposal represents an equitable
allocation of payments and is not unfairly discriminatory because,
while the LMM pricing is currently and will continue to apply only to
LMMs, such LMMs must meet rigorous Minimum Performance Standards \10\
in order to receive the rebates provided under footnote 14. Where an
LMM does not meet the Minimum Performance Standards for the applicable
LMM Security, they will not be eligible for those rebates. Further,
registration as an LMM is available equally to all Members and
allocation of listed securities between LMMs is governed by Exchange
Rule 11.8(e)(2). If an LMM does not meet the Minimum Performance
Standards for three out of the past four months, the LMM is subject to
forfeiture of LMM status for that LMM Security, at the Exchange's
discretion. As discussed above, the proposed changed merely eliminates
the requirement that an LMM opt-in to the LMM Add Liquidity Rebate and
instead will automatically provide an LMM with the greater of the LMM
Liquidity Provision Rates or the LMM Add Liquidity Rebate.
---------------------------------------------------------------------------

    \10\ As defined in Rule 11.8(e)(1)(E), the term ``Minimum
Performance Standards'' means a set of standards applicable to an
LMM that may be determined from time to time by the Exchange. Such
standards will vary between LMM Securities depending on the price,
liquidity, and volatility of the LMM Security in which the LMM is
registered. The performance measurements will include: (A) Percent
of time at the NBBO; (B) percent of executions better than the NBBO;
(C) average displayed size; and (D) average quoted spread..[sic]
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule changes will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
the proposed change burdens competition, but rather, enhances
competition as it is intended to increase the competitiveness of BZX
both among Members by incentivizing Members to become LMMs in BZX-
listed securities and as a listing venue by enhancing market quality in
BZX-listed securities. The marketplace for listings is extremely
competitive and there are several other national securities exchanges
that offer listings. Transfers between listing venues occur frequently
for numerous reasons, including market quality. This proposal is
intended to help the Exchange compete as a listing venue. Accordingly,
the Exchange does not believe that the proposed change will impair the
ability of issuers, LMMs, or competing listing venues to maintain their
competitive standing. The Exchange does not believe the proposed
amendment would burden intra-market competition as it would be
available to all Members uniformly. Registration as an LMM is available

equally to all Members and allocation of listed securities between LMMs
is governed by Exchange Rule 11.8(e)(2). Further, if an LMM does not
meet the Minimum Performance Standards for three out of the past four
months, the LMM is subject to forfeiture of LMM status for that LMM
Security, at the Exchange's discretion.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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 \11\ and paragraph (f) of Rule 19b-4 \12\
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. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 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-CboeBZX-2021-050 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-CboeBZX-2021-050. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeBZX-2021-050 and should be submitted
on or before August 10, 2021.
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-15343 Filed 7-19-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Proposed Rules]
[Pages 25981-25983]
[FR Doc No: 2018-12020]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2018-0098; FRL-9978-71--Region 1]

Air Plan Approval; Rhode Island; Control of Volatile Organic
Compound Emissions, Control of Nitrogen Oxide Emissions, and Sulfur
Content of Fuels

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Rhode Island. This revision updates Rhode Island Air Pollution
Control Regulations (APCRs) for volatile organic compound (VOC)
emissions, nitrogen oxide (NOx) emissions, sulfur content in fuel
requirements and associated general definitions. The intended effect of
this action is to propose approval of the revised regulations. This
action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before July 5, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2018-0098 at www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the ``For Further Information Contact'' section. For the
full EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit www.epa.gov/dockets/commenting-epa-dockets. Publicly available
docket materials are available at www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA New England Regional Office,
Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post
Office Square--Suite 100, Boston, MA. EPA requests that if at all
possible, you contact the contact listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2),
Boston, MA 02109-3912, tel.<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. EPA's Evaluation of the Submittal
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On February 10, 2017, the Rhode Island Department of Environmental
Management (DEM) submitted to EPA a State Implementation Plan (SIP)
revision containing six revised Air Pollution Control Regulations
(APCRs): No. 8, ``Sulfur Content of Fuels;'' No. 19, ``Control of
Volatile Organic Compounds from Surface Coating Operations;'' No. 27,
``Control of Nitrogen Oxide Emissions;'' No. 35, ``Control of Volatile
Organic Compounds and Volatile Hazardous Air Pollutants from Wood
Products Manufacturing Operations;'' No. 36, ``Control of Emission from
Organic Solvent Cleaning;'' and General Definitions. The amended APCRs
became effective in Rhode Island on January 9, 2017.
    EPA has previously approved these Rhode Island APCRs into the Rhode
Island SIP. APCR No. 8, ``Sulfur Content of Fuels,'' was last approved
on October 7, 2015 (80 FR 60541), APCR No. 19, ``Control of Volatile
Organic Compounds from Surface Coating Operations,'' on July 22, 2016
(81 FR 47708), APCR No. 27, ``Control of Nitrogen Oxide Emissions,''
and APCR No. 35. ``Control of Volatile Organic Compounds and Volatile
Hazardous Air Pollutants from Wood Products Manufacturing Operations,''
on July 22, 2016 (81 FR 47708), APCR No. 36, ``Control of Emission from
Organic Solvent Cleaning,'' on March 13, 2012 (77 FR 14691), and APCR
General Definitions on March 13, 2012 (77 FR 14691).

II. EPA's Evaluation of the Submittal

    Rhode Island's submittal states that RI DEM has revised APCR No. 8,
``Sulfur Content of Fuels,'' to correct a mistake made when it revised
the regulation in 2014. The purpose of the 2014 revision was to limit
the sulfur content of certain fuel oils, which the regulation divided

into two categories--``Distillate Oil, Biodiesel, or Alternative Fuel''
and ``Residual Oil''--establishing lower limits for the first category
than for the second. The submittal states that the placement of
alternative fuel in the same category as distillate oil and biodiesel
in the 2014 revision was in error and that it should have been included
with residual oil. Sometime after the 2014 revision was incorporated
into the SIP, the mistake was brought to RI DEM's attention along with
documentation that showed it is not possible to achieve equally low-
sulfur limits for waste oils \1\ and distillate fuel oils, because
waste oils are generally comprised of used residual oil, which has an
inherently higher sulfur content than distillate oil. The different
sulfur levels stem from the distillation of crude oil during refinement
and are inherent to the various fractions of crude oil. Therefore, the
agency agrees that compliance with the current version of APCR No. 8,
``Sulfur Content of Fuels,'' is not technically feasible and that
placing alternative fuel in the lower sulfur level grouping was
incorrect. This proposed action corrects the mistake, moving
alternative fuel from the first category (with distillate oil and
biodiesel) into the second (with residual oil), effectively allowing a
higher sulfur content for alternative fuel.
---------------------------------------------------------------------------

    \1\ Pursuant to state regulations, ``waste oil'' is a type of
``alternative fuel.'' APCR No. 8.1.1; see also APCR No. 20.1.1.
---------------------------------------------------------------------------

    EPA proposes to replace the previously approved version of APCR No.
8 with the version submitted by Rhode Island on February 10, 2017. EPA
proposes to approve APCR No. 8 into the SIP, with the exception of
Sections 8.7, ``Fuel Supply Shortages,'' and 8.8.3, ``Application,''
which were not submitted by the state. Although Section 8.8.3 had been
previously approved into the SIP, EPA requested that the state strike
this section when submitted as a SIP revision for the reasons indicated
in the response to comments document included with the state's
submittal, a copy of which is included in the docket for today's
proposal. Therefore, this action will remove Section 8.8.3 from the
SIP.
    RI DEM has updated APCR No. 19, ``Control of Volatile Organic
Compounds from Surface Coating Operations,'' to acknowledge that the
emission limitations in this regulation do not apply if the source is
controlled by the emission limit requirements in APCR No. 44, ``Control
of Volatile Organic Compounds from Adhesives and Sealants.'' This
change is consistent with the EPA Control Technique Guidelines (CTGs)
for coating operations and industrial adhesives (EPA-453/R-08-005,
September 2008), which consider a VOC source to be subject to the
requirements of only one CTG with respect to VOC Reasonably Available
Control Technology (RACT). Additionally, RI DEM revised the
registration requirements in APCR No. 19 to be consistent with the
requirements in APCR No. 14, ``Record Keeping and Reporting,''
requiring emission statements to be submitted by April 15th of each
year instead of ``within 45 days of the end of the calendar year.'' EPA
proposes to approve APCR No. 19 into the SIP, excluding Section 19.2.2,
which was not submitted by the state.
    RI DEM has revised APCR No. 27, ``Control of Nitrogen Oxides
Emissions,'' to reduce the frequency of compliance testing required
under the regulation from annually to once every five years, reduce the
frequency of tune-ups required for industrial-commercial-institutional
boilers from annually to biennially, allow the tune-up procedure for
boilers specified in federal regulations (40 CFR 63, Subpart JJJJJJ) as
an acceptable substitute procedure for the procedure specified in
Appendix A of the regulation, and revise the method for determining
compliance with the emission limits to allow compliance to be
demonstrated based upon the average results of three one-hour test runs
(rather than demonstrating compliance with each individual test run) to
be consistent with federal requirements. EPA proposes to approve APCR
No. 27 into the SIP, excluding Section 27.7.3, which was not submitted
by the state.
    RI DEM has revised APCR No. 35, ``Control of Volatile Organic
Compounds and Volatile Hazardous Air Pollutants (HAP) from Wood
Products Manufacturing Operations,'' so the HAP applicability threshold
applies to major source of HAP from wood products manufacturing
operations, as opposed to all operations at the facility. EPA proposes
to approve APCR No. 35 into the SIP, excluding Sections 35.2.3 and
35.9.3, which were not submitted by the state.
    RI DEM has revised APCR No. 36, ``Control of Emissions from Organic
Solvent Cleaning,'' to provide an exemption from most requirements for
small cold cleaners (internal volume of 1 liter or less), provide an
alternative means of compliance for spray gun cleaning operations,
clarify the performance standard when an air pollution control system
is used as an alternative to low vapor pressure solvents, and revise
recordkeeping requirements to allow users of certain machines
additional time to compile monthly records to be consistent with the
requirements in other Rhode Island APCR regulations and permits. EPA is
proposing to approve APCR No. 36 into the SIP, with the exception of
Sections 36.2.2 and 36.14.2, ``Application,'' which Rhode Island did
not submit to EPA. Although Section 36.14.2 was previously approved
into the SIP, today's proposal would remove it from the SIP for similar
reasons discussed earlier with respect to Section 8.8.3.
    Finally, RI DEM has revised APCR General Definitions to amend the
definition of ``volatile organic compound'' to be consistent with the
EPA definition at 40 CFR 51.100(s). EPA is proposing to approve the
revised definition of ``volatile organic compound'' into the SIP.
    The above revisions satisfy section 110(l) of the CAA, which
prohibits EPA from approving a SIP revision ``if the revision would
interfere with any applicable requirement concerning attainment and
reasonable further progress . . . or any other applicable requirement
of [the Clean Air Act].'' In particular, many of the revisions to APCR
Nos. 19, 27, and 36, including changes to reporting dates, tune-up
procedures and frequency, and compliance methods and testing frequency,
do not impact emission control requirements and will not affect
emissions or ambient concentrations of a pollutant or its precursors.
With respect to the revision to APCR No. 8, as noted earlier, the
current standard for alternative fuel, was not obtainable, meaning that
the revision will not affect actual sulfur content or emissions.
Furthermore, Rhode Island is currently designated as attainment for all
criteria pollutants, and levels of sulfur dioxide, PM2.5,
and PM10, which can be affected by the sulfur content of
fuel in general, are well below those standards. This regulatory change
will therefore not interfere with maintenance of the standards. The
revision to APCR No. 35 changes the applicability threshold regarding
HAP emissions but retains the appropriate VOC thresholds for the source
category. The other revision to APCR No. 36 exempts de minimis sources
(solvent cleaners with internal volume of 1 liter or less) consistent
with EPA's approval of other state rules controlling VOC emissions from
industrial cleaning solvent sources. See, e.g., 79 FR 32873 (June 9,
2014). Any increase in emissions resulting from these revisions to APCR
Nos. 35 and 36 are not expected to be significant, and the two rules
otherwise generally retain the same VOC emission control requirements
as the previous SIP-

approved version of these rules. Moreover, as indicated above, Rhode
Island is designated as attainment for ozone. Thus, the SIP revisions
satisfy the requirements of Section 110(l) of the CAA because they will
not interfere with any applicable requirement concerning attainment and
reasonable further progress or any other applicable requirement of the
CAA. Accordingly, we are proposing to approve Rhode Island's revised
regulations into the Rhode Island SIP.
    EPA is proposing to approve the Rhode Island SIP revision for these
six APCR revisions (excluding those provisions indicated above that
were not submitted by the state), which was submitted on February 10,
2017. EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to this
proposed rule by following the instructions listed in the ADDRESSES
section of this Federal Register.

III. Proposed Action

    EPA is proposing to approve the February 10, 2017 RI DEM SIP
submittal consisting of the six revised APCRs: No. 8, ``Sulfur Content
of Fuels'' (with the exception of sections 8.7 and 8.8.3); No. 19,
``Control of Volatile Organic Compounds from Surface Coating
Operations'' (with the exception of section 19.2.2); No. 27, ``Control
of Nitrogen Oxide Emissions'' (with the exception of section 27.7.3);
No. 35, ``Control of Volatile Organic Compounds and Volatile Hazardous
Air Pollutants from Wood Products Manufacturing Operations'' (with the
exception of sections 35.2.3 and 35.9.3); No. 36, ``Control of Emission
from Organic Solvent Cleaning'' (with the exception of sections 36.2.2
and 36.14.2); and the definition of ``volatile organic compound'' in
General Definitions.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference Rhode Island APCRs No. 8 ``Sulfur Content of Fuels,'' No. 19
``Control of Volatile Organic Compounds from Surface Coating
Operations,'' No. 27 ``Control of Nitrogen Oxide Emissions,'' No. 35
``Control of Volatile Organic Compounds and Volatile Hazardous Air
Pollutants from Wood Products Manufacturing Operations,'' No. 36
``Control of Emission from Organic Solvent Cleaning,'' and General
Definitions. The EPA has made, and will continue to make, these
documents generally available through www.regulations.gov.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.

    Dated: May 25, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018-12020 Filed 6-4-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Page 7885]
[FR Doc No: 2022-02783]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94155; File Nos. SR-MIAX-2021-60, SR-EMERALD-2021-43]

Self-Regulatory Organizations; Miami International Securities
Exchange, LLC, MIAX Emerald, LLC; Notice of Withdrawal of Proposed Rule
Changes To Amend Fee Schedules To Adopt Tiered-Pricing Structures for
Additional Limited Service MIAX and MIAX Emerald Express Interface
Ports

Feburary 4, 2022.
    On December 1, 2021, Miami International Securities Exchange, LLC
(``MIAX'') and MIAX Emerald, LLC (``MIAX Emerald'') (collectively, the
``Exchanges'') each filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change (File Numbers SR-MIAX-2021-60 and SR-EMERALD-2021-
43) to adopt a tiered-pricing structure for additional limited service
express interface ports. The proposed rule changes were immediately
effective upon filing with the Commission pursuant to Section
19(b)(3)(A) of the Act.\3\ The proposed rule changes were published for
comment in the Federal Register on December 20, 2021.\4\ On January 27,
2022, the Commission temporarily suspended the proposed rule changes
and instituted proceedings under Section 19(b)(2)(B) of the Act \5\ to
determine whether to approve or disapprove the proposed rule
changes.\6\ On February 1, 2022, the Exchanges withdrew the proposed
rule changes (SR-MIAX-2021-60 and SR-EMERALD-2021-43).
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take
effect upon filing with the Commission if it is designated by the
exchange as ``establishing or changing a due, fee, or other charge
imposed by the self-regulatory organization on any person, whether
or not the person is a member of the self-regulatory organization.''
15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ See Securities Exchange Act Release Nos. 93771 (December 14,
2021), 86 FR 71940 (December 20, 2021) (SR-MIAX-2021-60); 93772
(December 14, 2021), 86 FR 71965 (December 20, 2021) (SR-EMERALD-
2021-43).
    \5\ 15 U.S.C. 78s(b)(2)(B).
    \6\ See Securities Exchange Act Release No. 94087, 87 FR 5918
(February 2, 2022).
    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-02783 Filed 2-9-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 13, 2009 (Volume 74, Number 8)]
[Notices]
[Page 1740-1741]
[DOCID:fr13ja09-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59201; File No. SR-ISE-2008-101]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by International Securities
Exchange, LLC Relating to Amending the Fee Schedule

January 6, 2009.
    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 31, 2008, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission the proposed rule change as described in Items I,
II, and III below, which items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is proposing to amend its Schedule of Fees with
respect to equity transactions. The text of the proposed rule change is
available on the Exchange's Internet Web site at http://www.ise.com.

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 self-regulatory organization
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 self-regulatory organization
has prepared summaries, set forth in sections A, B and C below, of the
most significant aspects of such statements.

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

    Purpose--Currently, the Exchange's Schedule of Fees for equity
transactions consists of a tiered rebate structure for securities
priced at or above $1.00 across all Tapes, averaged across an entire
month, where the first five million maker shares executed on an average
daily volume (ADV) basis receive a rebate of $0.0032 per share, with an
increase in the rebate to $0.0035 for each maker share executed above
five million ADV.
    The Exchange now proposes to rescind the tiered rebate structure
and implement a flat rebate, irrespective of ADV. The Exchange is
amending the fee schedule in an effort to increase order flow in
securities that are reported to Tape B. Accordingly, the Exchange
proposes to adopt a fee structure for transactions in securities priced
at or above $1.00 (excluding both order delivery and MidPoint Match
orders) whereby the maker receives a per share rebate of $0.0035 for
transactions in securities that are reported to Tape B and a per share
rebate of $0.0029 for transactions in securities that are reported to
Tape A and Tape C. The aforementioned fee changes will become operative
on January 2, 2009.
    The execution fee for orders that remove liquidity for securities,
across all tapes, that trade at or above $1.00 will remain unchanged at
$0.003. The execution fee for orders that remove liquidity for
securities, across all tapes, priced under $1.00 remains unchanged, at
0.3% of trade value with no rebates for adding liquidity in such
securities.
    Basis--The Exchange believes that the proposed rule change is
consistent with the objectives of Section 6 of the Act,\3\ in general,
and furthers the objectives of Section 6(b)(4),\4\ in particular, in
that 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. In particular, raising the rebate in Tape
B securities may provide incentive to members to send order flow to the
ISE for securities reported to Tape B.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f.
    \4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    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 \5\ and Rule 19b-4(f)(2) \6\ thereunder. At any
time within 60 days of the filing of such proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2008-101 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-ISE-2008-101. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written

communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room on official business days between the hours of 10 a.m.
and 3 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2008-101 and should be
submitted on or before February 3, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-413 Filed 1-12-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Proposed Rules]
[Pages 10626-10628]
[FR Doc No: 2020-03580]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-1023; Airspace Docket No. 19-ANM-94]
RIN 2120-AA66

Proposed Establishment of Class E Airspace; Port Angeles, WA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish a Class E surface area,
Class E airspace as an extension to the surface area and Class E
airspace extending upward from 700 feet above the surface at Port
Angeles CGAS, Port Angeles, WA. Following a review of the airspace
serving Port Angeles CGAS and William R Fairchild International
Airport, the FAA found it necessary to provide Port Angeles CGAS with
airspace independent of the airspace for William R Fairchild Airport. A
microclimate at Port Angeles CGAS causes weather patterns to vary from
the weather at William R Fairchild Airport. The difference in weather
between the two locations can negatively impact operations at Port
Angeles CGAS, impeding training and mission accomplishment. This action
would establish new airspace for the safety and management of
Instrument Flight Rules (IFR) operations at Port Angeles CGAS, Port
Angeles, WA.

DATES: Comments must be received on or before April 10, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2019-1023; Airspace Docket No. 19-ANM-94, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records

Administration (NARA). For information on the availability of FAA Order
7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal_register/cfr/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 2200
S 216th Street, Des Moines, WA 98198-6547; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. 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
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 Class E airspace at Port Angeles CGAS, Port
Angeles, WA, in support of IFR operations at the airport.

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 (Docket No. FAA-
2019-1023; Airspace Docket No. 19-ANM-94) and be submitted in
triplicate to DOT Docket Operations (see ADDRESSES section for address
and phone number). You may also submit comments through the internet at
https://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this notice must submit with those comments a self-addressed, stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2019-1023; Airspace Docket No. 19-ANM-94.'' 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 notice may be changed in light of
the comments received. A report summarizing each substantive public
contact with FAA personnel concerned with this rulemaking will be filed
in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspaceamendments/.
    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 between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays, at the
Northwest Mountain Regional Office of the Federal Aviation
Administration, Air Traffic Organization, Western Service Center,
Operations Support Group, 2200 S 216th St., Des Moines, WA 98198-6547.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace
Designations and Reporting Points, dated August 8, 2019, and effective
September 15, 2019. FAA Order 7400.11D is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11D lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by establishing a Class E surface area,
Class E airspace as an extension to the surface area and Class E
airspace extending upward from 700 feet above ground level at Port
Angeles CGAS, Port Angeles, WA.
    This action is being submitted coincidental with FAA proposal,
Docket No. FAA-2019-1022; 19-ANM-81 to modify Class E airspace for
William R Fairchild International Airport, Port Angeles, WA. That
action would modify the airspace at William R Fairchild International
Airport, Port Angeles, WA, to only that needed for their operations and
remove the airspace that was previously used to support operations at
Port Angeles CGAS.
    This action would provide the airspace needed for Port Angeles CGAS
operations to facilitate training and mission accomplishment.
    The Class E surface area would be established to within 1.5 miles
of the airport. A Class E extension to the surface area would be
established 2.1 miles both sides of the 80[deg] bearing from the Port
Angeles CGAS, extending from William R Fairchild surface area 4.1-mile
radius to 5.6 miles east of the Port Angeles CGAS. This area would
provide airspace for the Copter NDB 242 approach, as aircraft descend
through 1000 feet AGL.
    The Class E airspace extending upward from 700 feet AGL would be
established to 3 miles south and 7.5 miles north of the 80[deg] bearing
from the Port Angeles CGAS Airport to 11 miles east, excluding that
portion in Canadian airspace.
    This area would provide airspace for the Copter 242 approach, as
aircraft descend through 1500 feet. This airspace would support IFR
operations at Port Angeles CGAS, Port Angeles, WA.
    Class E airspace designations are published in paragraph 6002, 6004
and 6005 of FAA Order 7400.11D, dated August 8, 2019 and effective
September 15, 2019, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designation listed in this document will be
published subsequently in the Order. FAA Order 7400.11, Airspace
Designations and Reporting Points, is published yearly and effective on
September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial, and unlikely to result in adverse or negative
comments. It, therefore: (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. Given this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that 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.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``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(f), 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 FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AWP WA E2 Port Angeles, WA [NEW]

Port Angeles CGAS
    (Lat. 48[deg]08'29'' N, long. 123[deg]24'50'' W)

    That airspace extending upward from the surface to and including
2500 feet within a 1.5-mile radius of Port Angeles CGAS, Port
Angeles, WA.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

AWP WA E4 Port Angeles, WA [NEW]

Port Angeles CGAS, WA
    (Lat. 48[deg]08'29'' N, long. 123[deg]24'50'' W)

    That airspace extending upward from the surface within 2.1 miles
both sides of the Port Angeles CGAS 80[deg] bearing extending from
William R Fairchild surface area 4.1-mile radius to 5.6 miles east
of the Port Angeles CGAS airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AWP WA E5 Port Angeles, WA [NEW]

Port Angeles CGAS, WA
    (Lat. 48[deg]08'29'' N, long. 123[deg]24'50'' W)

    The Class E airspace extending upward from 700 feet 3 miles
south and 7.5 miles north of the of Port Angeles CGAS Airport
80[deg] bearing extending from the William R Fairchild 4.1-mile
radius to 11 miles east, excluding that portion in Canadian
airspace.

    Issued in Seattle, Washington, on February 19, 2020.
Stephanie C. Harris,
Manager (Acting), Operations Support Group, Western Service Center.
[FR Doc. 2020-03580 Filed 2-24-20; 8:45 am]
 BILLING CODE 4910-13-P