[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Proposed Rules]
[Pages 34874-34876]
[FR Doc No: 2012-14212]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0594; Directorate Identifier 2012-NM-019-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes.
This proposed AD was prompted by reports of movement of the rudder
pedals being impeded due to corrosion of the trunnion shaft of the
rudder feel trim unit (RFTU). This proposed AD would require inspecting
to determine if certain RFTUs are installed, an operational check for
signs of seizure of affected parts, repetitive lubrication for certain
RFTUs, and replacing the RFTU with a new RFTU if necessary.
Installation of replaced RFTUs with conformal bushings terminates the
repetitive lubrication requirements. We are proposing this AD to detect
and correct any sign of seizure of the trunnion shaft and its bushing,
which could cause a rudder control jam or a large and rapid alternating
rudder input leading to a structural failure of the vertical fin.

DATES: We must receive comments on this proposed AD by July 27, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>; fax 416-375-
4539; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in

the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0594;
Directorate Identifier 2011-NM-019-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2012-02, dated January 9, 2012 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

There have been several reported incidents on DHC-8 Series 400
aeroplanes where the movement of the rudder pedals has been impeded.
An investigation showed that the Rudder Feel Trim Unit (RFTU)
trunnion shaft was corroded. The root cause of the corrosion was a
quality escape where cadmium plating on the trunnion bushing within
the RFTU assembly was not removed. Corrosion on the shaft and in the
trunnion bushing seized the trunnion and caused difficulties in
controlling the rudder movement.
This condition, if not corrected, could cause a rudder control jam
or a large and rapid alternating rudder input leading to a
structural failure of the vertical fin.
This [TCCA] Airworthiness Directive (AD) is issued [inspect to
determine serial number, an operational check for seizure,
repetitive lubrication and] to replace the affected RFTUs to limit
the possibility of binding and replace the affected RFTUs with units
that have been reworked with conformal bushings to terminate the
lubrication requirements.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Bombardier, Inc. has issued Service Bulletin 84-27-57, dated July
22, 2011. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 83 products of U.S. registry. We also estimate that
it would take about 5 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $0 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these parts.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $35,275, or $425 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 10 work-hours and require parts costing $0, for a cost of
$850 per product. We have no way of determining the number of products
that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2012-0594; Directorate Identifier
2012-NM-019-AD.

(a) Comments Due Date

    We must receive comments by July 27, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes; certificated in any category; serial numbers 4001,
4003 and subsequent, equipped with rudder feel trim unit part number
399500-1007.

(d) Subject

    Air Transport Association (ATA) of America Code 27: Flight
Controls.

(e) Reason

    This AD was prompted by reports of movement of the rudder pedals
being impeded due to corrosion of the trunnion shaft of the rudder
feel trim unit (RFTU).
    We are issuing this AD to detect and correct any sign of seizure
of the trunnion shaft and its bushing, which could cause a rudder
control jam or a large and rapid alternating rudder input leading to
a structural failure of the vertical fin.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Inspection

    Within 600 flight hours or six months after the effective date
of this AD whichever occurs first, inspect the RTFU to determine
whether the serial number (S/N) is in the range from 0009 through
0388 without a suffix ``A,'' in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 84-27-57, dated July 22,
2011. A review of airplane maintenance records is acceptable in lieu
of this inspection if the serial number of the RFTU can be
conclusively determined from that review.
    (1) If the RFTU's serial number is not in the range from 0009
through 0388 or if the serial number has a suffix ``A,'' no further
action is required for this paragraph.
    (2) If the RFTU's serial number is in the range from 0009
through 0388 without a suffix ``A,'' before further flight, perform
an operational check of the RFTU for any sign of seizure of the
trunnion and its bushing, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 84-27-57, dated July 22,
2011.
    (i) If a seizure of the RFTU trunnion and its bushings is found:
Before further flight, replace the RFTU with a new RFTU, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 84-27-57, dated July 22, 2011.
    (ii) If no seizure of the RFTU trunnion and its bushings is
found: Before further flight, lubricate the RFTU, in accordance with
the Accomplishment Instructions of Bombardier Service Bulletin 84-
27-57, dated July 22, 2011. Repeat the lubrication of the RFTU at
intervals not to exceed 600 flight hours until the replacement
required by paragraph (h) is done.

(h) Replacement

    For airplanes identified in paragraph (g)(2) of this AD: Within
6,000 flight hours after the effective date of this AD, replace all
affected RFTUs with units that have a serial number outside the
range from 0009 through 0388 or that have a serial number with a
suffix ``A,'' in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 84-27-57, dated July 22, 2011.

(i) Parts Installation

    As of the effective date of this AD, no person may install a
RFTU P/N<PHONE_NUMBER> with a serial number from 0009 through 0388
without a suffix ``A'' on any airplane.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone<PHONE_NUMBER>; fax 516-794-
5531. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. The AMOC approval letter must specifically
reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(k) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2012-02,
dated January 9, 2012; and Bombardier Service Bulletin 84-27-57,
dated July 22, 2011; for related information.
    (2) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-14212 Filed 6-11-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49363-49364]
[FR Doc No: 2017-23112]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2716-047]

Notice of Application for Partial Transfer of License and
Soliciting Comments, Motions To Intervene, and Protests: Virginia
Electric and Power Company d/b/a Dominion Energy Virginia; Allegheny
Generating Company; Bath County Energy, LLC

    On September 29, 2017, Virginia Electric and Power Company, d/b/a
Dominion Energy Virginia (VEPCO) and Allegheny Generating Company (AGC)
(co-licensees/transferors) and Bath County Energy, LLC (transferee/BCE)
filed an application to partially transfer the license for the Bath
County Pumped Storage Project No. 2716. The project is located Back
Creek and Little Back Creek in Bath County, Virginia. The project does
not occupy Federal lands.
    The applicants seek Commission approval to partially transfer the
license for the Bath County Pumped Storage Project from the Virginia
Electric and Power Company, d/b/a Dominion Energy Virginia and
Allegheny Generating Company as co-licensees to add Bath County Energy,
LLC as a third co-licensee.
    Applicants Contact: For transferors: VEPCO: Mr. Donald H. Clarke
and Mr. Joshua E. Adrian, Duncan, Weinberg, Genzer & Pembroke, P.C.,
1615 M Street NW., Suite 800, Washington, DC 20036, Phone: 202-467-
6370, Emails: [email protected] and [email protected] and Mr. Michael Regulinski,
Managing General Counsel and Ms. Cherie Yochelson, Senior Counsel,
Dominion Energy Services, Inc., 120 Tredegar Street, RS-2, Richmond, VA
23219, Phone:<PHONE_NUMBER>, Emails:
[email protected] and
[email protected].
    AGC: Mr. John A. Whittaker. IV and Ms. Kimberly Ognisty, Winston &
Strawn LLP, 1700 K Street NW., Washington, DC 20006, Phones: 202-282-
5766 and<PHONE_NUMBER>, Emails: [email protected] and
[email protected] and Mr. Morgan E. Parke, Associate General Counsel
and Karen A. Sealy, Attorney, FirstEnergy Service Company, 76 South
Main Street, Arkon, OH 44308, Phones:<PHONE_NUMBER> and

330-761-7869, Emails: [email protected] and
[email protected].
    For transferee: BCE: Mr. David R. Poe and Ms. Serena A. Rwejuna,
Bracewell LLP, 2001 M Street NW., Suite 900, Washington, DC 20036,
Phone:<PHONE_NUMBER>, Emails: [email protected] and
[email protected].
    FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>,
[email protected].
    Deadline for filing comments, motions to intervene, and protests:
30 days from the date that the Commission issues this notice. The
Commission strongly encourages electronic filing. Please file comments,
motions to intervene, and protests using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at [email protected],<PHONE_NUMBER> (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. The first page of any filing should
include docket number P-2716-047.

    Dated: October 18, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-23112 Filed 10-24-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Rules and Regulations]
[Pages 21639-21645]
[FR Doc No: 2015-07162]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0497; Directorate Identifier 2012-NM-192-AD;
Amendment 39-18128; AD 2015-06-10]
RIN 2120-AA64

Airworthiness Directives; ATR-GIE Avions de Transport
R[eacute]gional Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
ATR-GIE Avions de Transport R[eacute]gional Model ATR72-212A airplanes.
This AD requires inspection of the shock mount pick-up fittings and
cone bolts, and replacement of certain shock mount pick-up fittings if
necessary. This AD was prompted by reports of several cases of engine
shock mount pick-up fittings with cracks or failure on the engine left-
hand (LH) aft side attachment. We are issuing this AD to detect and
correct an aft side attachment

pick-up fitting failure associated with a cone bolt failure that could
reduce the structural integrity of the concerned engine nacelle, and
possibly result in detachment of the engine and consequent reduced
control of the airplane.

DATES: This AD becomes effective May 5, 2015.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 5, 2015.
    We must receive comments on this AD by June 4, 2015.

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 http://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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this AD, contact ATR-GIE
Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre Nadot,
31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33
(0) 5 62 21 67 18; email<EMAIL_ADDRESS>Internet
http://www.aerochain.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2015-0497.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0497; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2012-0192, dated September 21, 2012 (corrected
September 24, 2012) (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain ATR-GIE Avions de Transport R[eacute]gional Model
ATR72-212A airplanes. The MCAI states:

    Several cases of engine shock mount pick-up fitting with crack
or failure have been reported, always on engine Left Hand (LH) aft
side attachment. Prompted by those reports, improved Part Number (P/
N) S54210394200 (Barry Control P/N 94423-05) fittings (machined
radius modification) have been introduced in production, having
serial number (s/n) 2451 and higher. No crack has been reported on
aeroplanes equipped with those improved fittings.
    Two recent cases of failed cone bolt have been reported on ATR
72-212A aeroplanes, both on engine Right Hand (RH) aft side
isolator.
    An aft side attachment pick-up fitting failure associated to a
cone bolt failure, if not detected and corrected, could reduce the
structural integrity of the concerned engine nacelle, possibly
resulting in detachment of the engine and consequent reduced control
of the aeroplane.
    For the reasons described above, this [EASA] AD requires a one-
time [detailed] inspection [for cracks] of the shock mount pick-up
fittings and cone bolts and, depending on findings, accomplishment
of applicable repair. This AD also requires replacement of all LH
shock mount pick-up fitting P/N S54210394200 having a s/n lower than
2451.
* * * * *

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0497.

Related Service Information Under 1 CFR Part 51

    ATR-GIE Avions de Transport R[eacute]gional (ATR) has issued the
following service information. The service information describes
procedures for a detailed visual inspection of the engine shock mounts.
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
     ATR ATR72 airplane maintenance manual (AMM) Job
Instruction Card 54-11-61 DVI 10000, Detailed Visual Inspection of
Forward Engine Mount, dated March 1, 2012.
     ATR ATR72 AMM Job Instruction Card 71-20-00 DVI 10000,
Detailled (sic) Visual Inspec[tion] of Engine Shockmounts, dated March
1, 2012.
    This service information is reasonably available; see ADDRESSES for
ways to access this service information.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2015-0497; Directorate
Identifier 2012-NM-192-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD based on
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    Currently, there are no affected airplanes on the U.S. Register.
However,

if an affected airplane is imported and placed on the U.S. Register in
the future, we estimate that it will take about 3 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this AD on U.S. operators to be $255 per product.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave., SW., Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2015-06-10 ATR-GIE Avions de Transport R[eacute]gional: Amendment
39-18128. Docket No. FAA-2015-0497; Directorate Identifier 2012-NM-
192-AD.

(a) Effective Date

    This AD becomes effective May 5, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to ATR-GIE Avions de Transport R[eacute]gional
Model ATR72-212A airplanes, certificated in any category,
manufacturer serial numbers 468 through 719 inclusive, 723, 776,
777, 779, 821, and 837.

(d) Subject

    Air Transport Association (ATA) of America 54, Nacelles/Pylons.

(e) Reason

    This AD was prompted by reports of several cases of engine shock
mount pick-up fittings with cracks or failure on the engine left-
hand (LH) aft side attachment. We are issuing this AD to detect and
correct an aft side attachment pick up fitting failure associated
with a cone bolt failure that could reduce the structural integrity
of the concerned engine nacelle, and possibly result in detachment
of the engine and consequent reduced control of the airplane.

(f) Compliance

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

(g) Engine Shock Mount Pick-up Fittings Inspection

    Within 6 months after the effective date of this AD, accomplish
the actions specified by paragraphs (g)(1), (g)(2), and (g)(3) of
this AD concurrently.
    (1) Identify the serial number (S/N) of the part number (P/N)
S54210394200 (Barry Control P/N 94423-05) LH and right-hand (RH)
shock mount pick-up fittings installed on both engine nacelles.
Figure 1 to paragraph (g)(1) of this AD identifies the fitting part
number and serial number locations.

BILLING CODE 4910-13-C

[GRAPHIC] [TIFF OMITTED] TR20AP15.002

    (2) Do a detailed inspection of both LH and RH aft side isolator
pick-up fittings on both engines to detect cracks, in accordance
with paragraph 004.1 of ATR ATR72 Aircraft Maintenance Manual (AMM)
Job Instruction Card (JIC) 54-11-61 DVI 10000, dated March 1, 2012.
Refer to figure 2 to paragraph (g)(2) of this AD for potential crack
location.

[GRAPHIC] [TIFF OMITTED] TR20AP15.003

    (3) Do a detailed inspection of both LH and RH aft shock mount
cone bolts on both engines to detect cracks, in accordance with
paragraph 006.3.A. of ATR ATR72 AMM JIC 71-20-00 DVI 10000. Refer to
figure 3 to paragraph (g)(3) of this AD for potential crack
location.

[GRAPHIC] [TIFF OMITTED] TR20AP15.004

(h) Corrective Actions

    (1) If any crack is found during any inspection required by
paragraphs (g)(2) and (g)(3) of this AD: Before further flight,
repair in accordance with a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or EASA; or ATR's EASA Design Organization Approval (DOA).
    (2) If the serial number of the LH shock mount pick-up fitting,
identified during any inspection required by paragraph (g)(1) of
this AD, is lower than 2451 or is unreadable, and no crack has been
found during any

inspection required by paragraphs (g)(2) and (g)(3) of this AD:
Within 6 months after the inspection required by paragraph (g)(2) of
this AD, replace the LH shock mount pick-up fitting P/N S54210394200
with a serviceable LH shock mount pick-up fitting having a serial
number equal to or higher than 2451, in accordance with a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or EASA; or ATR--GIE Avions de Transport
R[eacute]gional's EASA DOA.

(i) Parts Installation Limitation

    As of the effective date of this AD, do not install on any
airplane a LH shock mount pick-up fitting P/N S54210394200, unless
it is serviceable and has been determined to have an S/N equal to or
higher than 2451, in accordance with the requirements of paragraph
(g)(1) of this AD.

(j) Reporting Requirement

    Submit a report of the findings (both positive and negative) of
the inspections required by paragraphs (g)(1), (g)(2), and (g)(3) of
this AD to ATR at<EMAIL_ADDRESS>and<EMAIL_ADDRESS>at the applicable time specified in paragraph (j)(1) or (j)(2) of
this AD. The report must include the airplane serial number,
registration, inspection date, inspection results, and engine pick-
up serial numbers.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must
specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or
ATR-GIE Avions de Transport R[eacute]gional's EASA DOA. If approved
by the DOA, the approval must include the DOA-authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2012-0192, dated September 21,
2012 (corrected September 24, 2012), for related information. You
may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2015-0497.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) ATR ATR72 Airplane Maintenance Manual (AMM) Job Instruction
Card 54-11-61 DVI 10000, Detailed Visual Inspection of Forward
Engine Mount, dated March 1, 2012.
    (ii) ATR ATR72 AMM Job Instruction Card 71-20-00 DVI 10000,
Detailled (sic) Visual Inspec[tion] of Engine Shockmounts, dated
March 1, 2012.
    (3) For service information identified in this AD, contact ATR--
GIE Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21;
fax +33 (0) 5 62 21 67 18; email<EMAIL_ADDRESS>
Internet http://www.aerochain.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 19, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-07162 Filed 4-17-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Notices]
[Pages 47819-47821]
[FR Doc No: 2020-17130]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89437; File No. SR-BOX-2020-30]

Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Make a Number
of Non-Substantive Changes to the Rulebook

July 31, 2020.
    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 22, 2020, BOX Exchange LLC (the ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II 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 the
Substance of the Proposed Rule Change

    The Exchange proposes to make a number of non-substantive changes
to the rulebook. The text of the proposed rule change is available from
the principal office of the Exchange, at the Commission's Public
Reference Room and also on the Exchange's internet website at http://boxoptions.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

1. Purpose
    The purpose of the proposed rule change is to make a number of non-
substantive changes to the rulebook. The Exchange believes these
changes

are necessary to correct inadvertent oversights to internal cross-
references and other minor changes of a non-substantive nature in order
to provide greater accuracy and clarity to the rulebook.
    First, the Exchange is proposing to amend the BOX Rule 7110 (Order
Entry). Specifically, the Exchange is proposing to remove the language
``and strategies'' in order to clarify that no complex orders will be
accepted by the system during the pre-opening period.\3\ The Exchange
discovered the inadvertent inclusion during compliance testing of the
rulebook and now seeks to amend the rule language to match how the BOX
trading system currently functions.
---------------------------------------------------------------------------

    \3\ See BOX Rule 7070(a).
---------------------------------------------------------------------------

    Next, the Exchange proposes to correct two internal cross
references contained in the Exchange's rulebook. Specifically, within
BOX Rule 7600(a)(4), the internal cross reference to the defined term
Complex Orders must be updated from Rule 7240(a)(5) to Rule 7240(a)(7).
Similarly, in Rule IM-8050-3, the internal cross-reference to Rule
100(a)(55) must be updated to Rule 100(a)(56).\4\ The Exchange believes
that these non-substantive changes will enhance the accuracy of the
Exchange's rules.
---------------------------------------------------------------------------

    \4\ BOX Rule 100(a)(56) defines ``quote'' or ``quotation'' as a
bid or offer entered by a Market Maker as a firm order that updates
the Market Maker's previous bid or offer, if any.
---------------------------------------------------------------------------

    Lastly, the Exchange previously submitted a rule filing noticed by
the Commission for immediate effectiveness, where the Exchange proposed
to make a number of non-substantive changes to the rulebook, including
replacing the term ``Options Participant'' with ``Participant.'' \5\
The rule proposal specified that certain Exchange rules were not
options specific and therefore the Exchange deemed it appropriate to
replace ``Options Participant'' with ``Participant'' to provide more
general coverage. The proposed change was intended to clarify that the
Exchange rules applied to Participants of the Exchange regardless of
whether they participated in the trading of options. In doing so, the
Exchange inadvertently overlooked additional references within the
following paragraphs, which should have also been updated. The Exchange
now proposes to amend these rules as it relates to the usage of the
term ``Options Participant'' as follows:
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 83895 (August 21,
2018), 83 FR 43711 (August 27, 2018) (Notice of Filing and Immediate
Effectiveness of SR-BOX-2018-27).
---------------------------------------------------------------------------

     The Exchange proposes to replace ``Options Participant''
with ``Participant'' in Rule 10050(c) (Regulatory Cooperation), which
details right of the Exchange to collect testimony and additional
documentation in connection with investigations or disciplinary
proceedings.
     The Exchange also proposes to replace ``Options
Participant'' with ``Participant'' in Rule 12030(a)(1) (Letters of
Consent) which outlines when the Exchange may dispose of a matter
concerning violative conduct, pursuant to a letter of consent, in place
of normal disciplinary procedures.
     Lastly, the Exchange also proposes to replace ``Options
Participant'' with ``Participant'' in Rule 14000(b) which covers
jurisdictional scope of disputes as it relates to Exchange
arbitration.\6\
---------------------------------------------------------------------------

    \6\ The Exchange notes that in paragraph 14000(b) the Exchange
is also proposing to delete duplicative text ``except that'', and
correct a spelling error by changing ``statue'' to ``statute'' in
the rule text.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\7\ in general, and Section
6(b)(5) of the Act,\8\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general to protect
investors and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system by ensuring that market participants can
easily navigate, understand and comply with the Exchange's rulebook.
The Exchange believes that the proposed rule change enables the
Exchange to continue to enforce the Exchange's rules. The Exchange
believes that none of the proposed changes discussed herein alter the
application of any rules, or how the trading system currently
functions. As such, the proposed amendments would foster cooperation
and coordination with persons engaged in facilitating transactions in
securities and would remove impediments to and perfect the mechanism of
a free and open market and a national exchange system. Further, the
Exchange believes that, by ensuring the rulebook accurately reflects
the intention of the Exchange's rules, the proposed rule change reduces
potential investor or market participant confusion.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In this regard and as indicated
above, the Exchange notes that the proposed changes will not alter the
substance or application of any of the Exchange's rules. Therefore, the
proposed changes will have no impact on competition as they are not
designed to address any competitive issues but rather are designed to
make clarifying, non-substantive changes.

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

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

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2020-30 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-BOX-2020-30. 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 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. 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-BOX-2020-30, and should be submitted on
or before August 27, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-17130 Filed 8-5-20; 8:45 am]
BILLING CODE 8011-01-P


Page 1 of 1 12/ 9/ 2005 U. S. EPA BOARD OF SCIENTIFIC COUNSELORS Land Restoration and Preservation Subcommittee MEETING AGENDA December 9, 2005 12: 00 pm   2: 00 pm EST CONFERENCE CALL Participation by Teleconference Only 866 299 3188 code: 2025648239#

Friday, December 9, 2005 12: 00 PM Welcome Dr. Charlie Menzie  Summary of Ongoing Activities Chair, Land Subcommittee  Agenda for this Conference Call 12: 10 PM Administrative Procedures Heather Drumm  Logistics for Face to Face Meeting DFO, Land Subcommittee 12: 15 PM MYP Overview Dr. Randy Wentsel ( EPA) National Program Director, and Leah Evison, OSWER, EPA 1: 05 PM Subcommittee Discussion Land Subcommittee  Preparation for Face to Face Meeting  Poster session break out groups  Development of Draft Report Outline 1: 50 PM Public Comments ( If Needed)

2: 00 PM Adjourn


[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Notices]
[Pages 79232-79233]
[FR Doc No: 2011-32666]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65973; File No. SR-NYSE-2011-53]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Approving a Proposed Rule Change Expanding the Scope of Potential
``Users'' of Its Co-Location Services To Include Any Market Participant
That Requests To Receive Co-Location Services Directly From the
Exchange and Amending Its Price List To Establish a Fee for Users That
Host Their Customers at the Exchange's Data Center

December 15, 2011.

I. Introduction

    On October 14, 2011, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') 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 to expand the scope of potential ``Users'' of its
co-location services, and to amend its Price List. The proposed rule
change was published for comment in the Federal Register on November 1,
2011.\3\ The Commission received no comments on the proposal. This
order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 65629 (October 26,
2011), 76 FR 67507 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exchange operates a data center in Mahwah, New Jersey from
which it provides co-location services to Users.\4\ For purposes of its
co-location services, the term ``User'' currently includes member
organizations, as that term is defined in NYSE Rule 2(b), and Sponsored
Participants, as that term is defined in NYSE Rule 123B.30(a)(ii)(B).

The Exchange proposed to expand the scope of potential Users of its co-
location services to include any market participant that requests to
receive co-location services directly from the Exchange.\5\ Under the
proposed rule change, Users could therefore include member
organizations, Sponsored Participants, non-member broker-dealers and
vendors.\6\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 62960 (September 21,
2010), 75 FR 59310.
    \5\ As stated by the Exchange, Users must agree to, and be
capable of satisfying, any applicable co-location fees,
requirements, terms and conditions established from time to time by
the Exchange. See Notice, 76 FR at 67508.
    \6\ Id. The Exchange anticipated that the potential additional
Users would provide, for example, hosting, service bureau, technical
support, risk management, order routing and market data delivery
services to their customers while the User is co-located in the
Exchange's data center.
---------------------------------------------------------------------------

    The Exchange also proposed to amend its Price List to establish a
fee applicable to Users that provide hosting services to their
customers (``Hosted Users'') at the Exchange's data center.\7\
``Hosting'' would be a service offered by a User to a Hosted User and
could include, for example, a User supporting its Hosted User's
technology, whether hardware or software, through the User's co-
location space. Specifically, the Exchange proposed to charge each User
a fee of $500.00 per month for each Hosted User that the User hosts in
the Exchange's data center. Users would independently set fees for
their Hosted Users and the Exchange would not receive a share of any
such fees.
---------------------------------------------------------------------------

    \7\ Id.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\8\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\9\ which requires that the
rules of a national securities exchange provide for the equitable
allocation of reasonable dues, fees and other charges among its members
and issuers and other persons using its facilities, and with Section
6(b)(5) of the Act,\10\ which requires, among other things, that the
rules of a national securities exchange be designed to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest, and not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \8\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange noted that the expansion of the scope of potential
Users of the Exchange's co-location services increases access to the
Exchange's co-location facilities and that the co-location services
would be offered to these additional Users in a manner that is not
unfairly discriminatory.\11\ The Commission believes that this
expansion of the scope of potential Users is consistent with the
Exchange Act and should increase access to the Exchange co-location
facilities by allowing additional categories of market participants to
access the Exchange's co-location services.
---------------------------------------------------------------------------

    \11\ See Notice, 76 FR at 67508.
---------------------------------------------------------------------------

    Regarding the proposed hosting fee, the Exchange represented that
it will be applied uniformly and will not unfairly discriminate between
Users of co-location services, as the hosting fee will be applicable to
all interested Users that provide hosting services.\12\ The Exchange
also represented that the hosting fee is reasonable because it is
designed to defray expenses incurred or resources expended by the
Exchange.\13\ In light of the Exchange's representations, the
Commission believes that the hosting fee is consistent with Section
6(b)(4) of the Exchange Act.
---------------------------------------------------------------------------

    \12\ Id.
    \13\ Id.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (SR-NYSE-2011-53) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2).
    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-32666 Filed 12-20-11; 8:45 am]
BILLING CODE 8011-01-P