[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Rules and Regulations]
[Pages 57447-57449]
[FR Doc No: 2016-20081]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25513; Directorate Identifier 99-NE-61-AD;
Amendment 39-18614; AD 2016-17-01]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding airworthiness directive (AD) 2006-18-14 for
all Rolls-Royce Deutschland Ltd & Co KG (RRD) Tay 650-15 and Tay 651-54
turbofan engines. AD 2006-18-14 required calculating and re-
establishing the cyclic life of stage 1 high-pressure turbine (HPT)
disks, part number (P/N) JR32013 and P/N JR33838, and stage 1 low-
pressure turbine (LPT) disk, P/N JR32318A. In addition, this AD
requires re-calculating the cyclic life, and would impose a reduced
cyclic life of stage 1 HPT disk, P/N JR32013. This AD was prompted by
RRD review of the cyclic life limit of parts affected by AD 2006-18-14
and the RRD conclusion that the stage 1 HPT disk, P/N JR32013, requires
further cyclic life limit reduction. We are issuing this AD to prevent
failure of stage 1 HPT disks, P/N JR32013 and P/N JR33838, and stage 1
LPT disk, P/N JR32318A, uncontained disk release and damage to the
airplane.

DATES: This AD is effective September 27, 2016. The Director of the
Federal Register approved the incorporation by reference a certain
publication listed in this AD as of September 27, 2016.

ADDRESSES: For service information identified in this final rule,
contact Rolls-Royce Deutschland Ltd & Co KG; Eschenweg 11, Dahlewitz,
15827 Blankenfelde-Mahlow, Germany; phone: 49-0-33-7086-1064; fax: 49-
0-33-7086-3276. You may view this service information at the FAA,
Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA.
For information on the availability of this material at the FAA, call
781-238-7125. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2006-
25513.

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-2006-
25513; or in person at the Docket Management Facility between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this AD, the mandatory continuing airworthiness
information, regulatory evaluation, any comments received, and other
information. The address for the Docket Office (phone:<PHONE_NUMBER>) is
Document Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Philip Haberlen, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 1200
District Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-
238-7199; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2006-18-14, Amendment 39-14753 (71 FR 52988,
September 8, 2006), (``AD 2006-18-14''). AD 2006-18-14 applied to the
specified products. The NPRM published in the Federal Register on March
11, 2016 (81 FR 12841). The NPRM proposed to require calculating and
re-establishing the cyclic life of stage 1 HPT disks, P/N JR32013 and
P/N JR33838, and stage 1 LPT disk, P/N JR32318A. The NPRM also proposed
to require removing from service, using a drawdown schedule, those
stage 1 HPT disks and stage 1 LPT disks operated under Tay 650-15
engine flight plan profiles A, B, C, or D; or operated under the Tay
651-54 engine datum flight profile, at reduced cyclic life limits found
in the RRD Time Limits Manual (TLM) T-TAY-3RR, Chapter 05, Time Limits,
Subject 05-10-01, dated September 15, 2014 and T-TAY-5RR, Chapter 05-
10-01, dated September 15, 2014.

Comments

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

Changes to Related Service Information Under 1 CFR Part 51

    We removed Alert Non-Modification Service Bulletin (NMSB) No. TAY-
72-A1821, Revision 1, dated March 26, 2015 from Related Service
Information under 1 CFR part 51, which is not incorporated by reference
in this AD.
    We added the RRD TLM T-TAY-3RR, Chapter 05, Time Limits, Subject
05-10-01, dated September 15, 2014.

Request To Change Compliance

    RRD requests that the cyclic life limits for the HPT stage 1 disk,
P/N JR33838, installed in RRD Tay 650-15 and Tay 651-54 engines to be
changed in this AD to match the life limits found in the RRD TLM T-TAY-
3RR, Chapter 05, Time Limits, Subject 05-10-01, dated September 15,
2014 and the RRD TLM T-TAY-5RR, Chapter 05-10-01, dated September 15,
2014. RRD updated their lifing analysis for the HPT stage 1 disk, P/N
JR33838 and their new analysis justified an increased cyclic life limit
for the HPT stage 1 disk, P/N JR33838 installed in the RRD Tay 650-15
and Tay 651-54 engines for certain flight profiles. These life
increases were reflected in the applicable service bulletin and the TLM
and the FAA did not have an opportunity to mandate the increase in the
cyclic life limits via AD until now. The FAA previously addressed the
increase in the life limits via a global AMOC.
    We agree. The FAA accepts RRD's new lifing analysis. We changed the
cyclic life limits in paragraphs (e)(3)(i)(B), (C), and (D) of this AD
for the HPT stage 1 disk, P/N JR33838, installed in RRD Tay 650-15
engines to 21,000 flight cycles since new (FCSN), 18,000 FCSN, and
14,250 FCSN for flight profiles B, C, and D, respectively. We also
changed the cyclic life limit in paragraph (e)(3)(i)(E) of this AD for
the HPT stage 1 disk, P/N JR33838, installed in RRD Tay 651-54 engines
to 14,250 FCSN for any flight profile.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    RRD TLM T-TAY-3RR, Chapter 05, Time Limits, Subject 05-10-01, dated
September 15, 2014, contains information on re-calculating the cyclic
life. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Other Related Service Information

    RRD TLM T-TAY-5RR, Chapter 05-10-01, dated September 15, 2014
provides the new, reduced cyclic life limits for RRD Tay 651-54 engines
operated under any engine flight plan profile.
    RRD Alert Non-Modification Service Bulletin TAY-72-A1821, Revision
1, dated March 26, 2015, provides reduced cyclic life limits for RRD
Tay 650-15 and RRD Tay 651-54 engines operated under various affected
flight plan profiles.

Costs of Compliance

    We estimate that this AD affects 25 engines installed on airplanes
of U.S. registry. We also estimate that it would take about 0.5 hours
per engine to comply with this AD. The average labor rate is $85 per
hour. The pro-rated life limit reduction cost is about $23,053 per
engine. Based on these figures, we estimate the cost of this AD on U.S.
operators to be $577,388.

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

    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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, 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 part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2006-18-14, Amendment 39-14753 (71 FR 52988, September 8, 2006), (``AD
2006-18-14''), and adding the following new AD:

2016-17-01 Rolls-Royce Deutschland Ltd & Co KG (formerly Rolls-Royce
plc): Amendment 39-18614; Docket No. FAA-2006-25513; Directorate
Identifier 99-NE-61-AD.

(a) Effective Date

    This AD is effective September 27, 2016.

(b) Affected ADs

    This AD supersedes AD 2006-18-14.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co (RRD) KG Tay
650-15 and Tay 651-54 turbofan engines with stage 1 high-pressure
turbine (HPT) disks, part number (P/N) JR32013 or P/N JR33838, or
stage 1 low-pressure turbine (LPT) disks, P/N JR32318A, installed.

(d) Unsafe Condition

    This AD was prompted by RRD review of the cyclic life limit of
parts affected by AD 2006-18-14 and the RRD conclusion that the
stage 1 HPT disk, P/N JR32013, requires further cyclic life limit
reduction. We are issuing this AD to prevent failure of stage 1 HPT
disks, P/N JR32013 and P/N JR33838, and stage 1 LPT disk, P/N
JR32318A, which could result in an uncontained engine failure and
damage to the airplane.

(e) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Re-calculate the cyclic life of stage 1 HPT disks, P/N
JR32013, as follows:
    (i) If a stage 1 HPT disk, P/N JR32013, was ever operated under
a different engine flight plan profile than the engine flight plan
profile operated on the last flight, or was ever installed and
operated in a different engine model, do the following:
    (A) Within 30 days after the effective date of this AD, re-
calculate the cyclic life for each stage 1 HPT disk, P/N JR32013.
Use the RRD Time Limits Manual (TLM) T-TAY-3RR, Chapter 05, Time
Limits, Subject 05-10-01, Task 05-10-01-800-000, Subtask 05-10-01-
860-036, paragraph 1(E) or (1)(F), dated September 15, 2014 to re-
calculate the cyclic life.
    (B) Reserved.
    (ii) If you change your flight plan profile or install a stage 1
HPT disk, P/N JR32013 or P/N JR33838, or stage 1 LPT disk, P/N
JR32318A, into a different engine model after the effective date of
this AD, re-calculate the cyclic life within 30 days of making the
change. Use the RRD TLM T-TAY-3RR, Chapter 05, Time Limits, Subject
05-10-01, Task 05-10-01-800-000, Subtask 05-10-01-860-036, paragraph
1(E) or (1)(F), dated September 15, 2014 to re-calculate the cyclic
life.
    (2) For engines with a stage 1 HPT disk, P/N JR32013, installed,
do the following:
    (i) Remove from service any stage 1 HPT disk, P/N JR32013,
within 100 flight cycles after the effective date of this AD or
before exceeding the new, reduced cyclic life limits specified in
paragraphs (e)(2)(i)(A) through (e)(2)(i)(E) of this AD, whichever
occurs later, as follows:
    (A) For RRD Tay 650-15 engines operated under engine flight plan
profile A, the new, reduced cyclic life limit is 18,900 flight
cycles-since-new (FCSN).
    (B) For RRD Tay 650-15 engines operated under engine flight plan
profile B, the new, reduced cyclic life limit is 15,500 FCSN.
    (C) For RRD Tay 650-15 engines operated under engine flight plan
profile C, the new, reduced cyclic life limit is 11,500 FCSN.
    (D) For RRD Tay 650-15 engines operated under engine flight plan
profile D, the new, reduced cyclic life limit is 9,300 FCSN.
    (E) For RRD Tay 651-54 engines operated under any engine flight
plan profile, the new, reduced cyclic life limit is 10,873 FCSN.
    (ii) Reserved.
    (3) For engines with a stage 1 HPT disk, P/N JR33838, or stage 1
LPT disk, P/N JR32318A, installed, do the following:
    (i) Remove from service any stage 1 HPT disk, P/N JR33838, or
stage 1 LPT disk, P/N JR32318A, before exceeding the cyclic life
limits specified in paragraphs (e)(3)(i)(A) through (e)(3)(i)(E) of
this AD, as follows:
    (A) For RRD Tay 650-15 engines operated under engine flight plan
profile A, the cyclic life limit for stage 1 HPT disk, P/N JR33838,
and stage 1 LPT disk, P/N JR32318A, is 23,000 FCSN.
    (B) For RRD Tay 650-15 engines operated under engine flight plan
profile B, the cyclic life limit for stage 1 HPT disk, P/N JR33838,
and stage 1 LPT disk, P/N JR32318A, is 21,000 FCSN.
    (C) For RRD Tay 650-15 engines operated under engine flight plan
profile C, the cyclic

life limit for stage 1 HPT disk, P/N JR33838, and stage 1 LPT disk,
P/N JR32318A, is 18,000 FCSN.
    (D) For RRD Tay 650-15 engines operated under engine flight plan
profile D, the cyclic life limit for stage 1 HPT disk, P/N JR33838,
and stage 1 LPT disk, P/N JR32318A, is 14,250 FCSN.
    (E) For RRD Tay 651-54 engines operated under any engine flight
plan profile, the cyclic life limit for stage 1 HPT disk, P/N
JR33838, is 14,250 FCSN and the cyclic life limit for stage 1 LPT
disk, P/N JR32318A, is 20,000 FCSN.
    (ii) Reserved.

(f) Installation Prohibition

    After the effective date of this AD, do not install any part
identified in paragraph (e) of this AD into any engine, or return
any engine to service with any part identified in paragraph (e) of
this AD, installed, if the part exceeds the cyclic life limit
specified in paragraphs (e)(2) and (e)(3) of this AD.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, may approve AMOCs for
this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(h) Related Information

    (1) For more information about this AD, contact Philip Haberlen,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency, AD 2015-0056,
dated March 31, 2015, for more information. You may examine the MCAI
in the AD docket on the Internet at http://www.regulations.gov by
searching for and locating it in Docket No. FAA-2006-25513.
    (3) Rolls-Royce Deutschland Ltd & Co KG Alert Non-Modification
Service Bulletin No. TAY-72-A1821, Revision 1, dated March 26, 2015,
which is not incorporated by reference in this AD, can be obtained
from Rolls-Royce Deutschland Ltd & Co KG, using the contact
information in paragraph (i)(3) of this AD.
    (4) RRD TLM T-TAY-5RR, Chapter 05-10-01, dated September 15,
2014.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA. For
information on the availability of this material at the FAA, call
781-238-7125.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Rolls-Royce Deutschland Ltd & Co KG, Time Limits Manual T-
TAY-3RR, Chapter 05, Time Limits, Subject 05-10-01, dated September
15, 2014.
    (ii) Reserved.
    (3) For Rolls-Royce Deutschland Ltd & Co KG service information
identified in this AD, contact Rolls-Royce Deutschland Ltd & Co KG,
Eschenweg 11, Dahlewitz, 15827 Blankenfelde-Mahlow, Germany; phone:
49-0-33-7086-1064; fax: 49-0-33-7086-3276.
    (4) You may view this service information at FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA. For
information on the availability of this material at the FAA, call
781-238-7125.
    (5) You may view this service information 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 Burlington, Massachusetts, on August 16, 2016.
Colleen M. D'Alessandro,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2016-20081 Filed 8-22-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Notices]
[Pages 54690-54691]
[FR Doc No: 2013-21580]

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SECURITIES AND EXCHANGE COMMISSION

Office of the Secretary

Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Regulation D Rule 506(e) Felons and Other Bad
Actors Disclosure Statement

ACTION: Notice.

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SUMMARY: The Securities and Exchange Commission (``Commission'') has
submitted the sponsored information collection request (ICR) titled,
``Regulation D Rule 506(e) Felons and Other Bad Actors Disclosure
Statement,'' to the Office of Management and Budget (OMB) for review
and clearance under the emergency processing procedures in accordance
with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C.
Chapter 35) and 5 CFR 1320.13. OMB approval has been requested by
September 23, 2013. In addition, this notice also solicits comment on
the three-year extension of the same information collection under 5 CFR
1320.12.

ADDRESSES: A copy of this ICR with applicable supporting documentation;
including a description of the likely respondents, proposed frequency
of response, and estimated total burden may be obtained free of charge
from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAMain ICR Reference Number<PHONE_NUMBER>-013.
    Comments should be directed to: (i) Desk Officer for the Securities
and Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Director/Chief Information
Officer, Securities and Exchange Commission,

c/o Remi Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send
an email to<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Securities and Exchange Commission
(``Commission'') is requesting that OMB authorize emergency processing
of the submission of collection of information for ``Regulation D Rule
506(e) Felons and Other Bad Actors Disclosure Statement.'' This request
should also serve to notify the public that the Commission is seeking
PRA approval from OMB on an emergency basis for the collection of
information associated with the final rule amendments to Rule 506 of
Regulation D adopted by the Commission on July 10, 2013 to implement
Section 926 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act. (See citation 78 FR 44730). In addition, the Commission
is also providing notice of the three-year extension under 5 CFR
1320.12.
    As adopted, Rule 506(e) of Regulation D (17 CFR 230.506(e)) under
the Securities Act of 1933 (15 U.S.C. 77a et seq.) requires the issuer
to furnish to each purchaser, a reasonable time prior to sale, a
description of any matters that would have triggered disqualification
under Rule 506(d)(1) of Regulation D, except that these events occurred
before the effective date of the rule amendments or before September
23, 2013. The written disclosure statement required under Rule 506(e)
is not filed with the Commission, but serves as an important investor
protection tool to put investors on notice of an issuer's and any of
its covered persons' involvement in past ``bad actor'' disqualifying
events such as pre-existing criminal convictions, court injunctions,
disciplinary proceedings, and other sanctions enumerated in Rule
506(d). Under Rule 506(d) of Regulation D, issuers are disqualified due
to triggering events that occur after the effective date of September
23, 2013. Without the mandatory written statement requirement set forth
in Rule 506(e), purchasers may have the impression that Rule 506
offerings occurring after the effective date of the rule amendments do
not involve any ``bad actors'' or disqualifying events. The Rule 506(e)
written disclosure statement requirement was not proposed by the
Commission in 2011 because the Commission proposed to apply
disqualification to pre-existing triggering events that occurred before
the effective date of the rule amendments. At the proposing stage of
the rule amendments, the Commission was therefore not required to
submit a collection of information to OMB. (See citation 76 FR 31518).
    The Commission adopted the Rule 506(e) written disclosure statement
after providing notice that it was considering this alternative to
applying the disqualification to events that took place before the
effective date of the rule based on commenters' responses to the 2011
rule proposals. Under the proposal, issuers would have been
disqualified from reliance on Rule 506 for all relevant triggering
events, whether they occurred before or after effectiveness of the rule
amendments. In light of many commenters' favorable reaction to this
alternative, the Commission decided to include a disclosure requirement
in the final rule amendments, although it had not prepared an
information collection submission at the time of the proposal.
    This information collection is subject to the PRA. A Federal agency
generally cannot conduct or sponsor a collection of information, and
the public is generally not required to respond to an information
collection, unless it is approved by the OMB under the PRA and displays
a currently valid OMB Control Number. In addition, notwithstanding any
other provisions of law, no person shall generally be subject to
penalty for failing to comply with a collection of information if the
collection of information does not display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6. The SEC obtains OMB approval for this
information collection under OMB ICR Reference Number<PHONE_NUMBER>-013.
    Interested parties are encouraged to send comments to the OMB,
Office of Information and Regulatory Affairs at the address shown in
the ADDRESSES section within 15 days of publication of this notice in
the Federal Register. In order to help ensure appropriate
consideration, comments should reference OMB ICR Reference Number
201308-3235-013. The OMB is particularly interested in comments that:
     Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the
information to be collected; and
     Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
    Title of Collection: Regulation D Rule 506(e) Felons and Other Bad
Actors Disclosure Statement.
    OMB ICR Reference Number:<PHONE_NUMBER>-013.
    Type of Review: Emergency.
    Requested Duration of Authorization: 6 Months.
    Affected Public: Private Sector.
    Frequency of Collection: Yearly.
    Total Estimated Number of Responses: 19,908.
    Estimated Time per Response: 1 Hour.
    Total Estimated Annual Burden Hours: 22,108.
    Total Estimated Annual Other Costs Burden: $264,000.

    Dated: August 30, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-21580 Filed 9-4-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 147 (Thursday, July 30, 2020)]
[Notices]
[Pages 45869-45872]
[FR Doc No: 2020-16518]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF20-3-000]

Transcontinental Gas Pipe Line Company, LLC; Notice of Intent To
Prepare an Environmental Assessment for the Planned Regional Energy
Access Expansion Project, Request for Comments on Environmental Issues,
and Notice of Public Virtual Scoping Sessions

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Regional Energy Access
Expansion Project involving construction and operation of facilities by
Transcontinental Gas Pipe Line Company, LLC (Transco) in Bucks,
Chester, Delaware, Luzerne, Monroe, Northampton, Wyoming, and York
Counties, Pennsylvania; and Burlington, Camden, Gloucester, Hunterdon,
Mercer, Somerset, and Warren Counties, New Jersey; and Baltimore
County, Maryland. The Commission will use this EA in its decision-
making process to determine whether the project is in the public
convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies about issues regarding the project. The National Environmental
Policy Act (NEPA) requires the Commission to take into account the
environmental impacts that could result from its action whenever it
considers the issuance of a Certificate of Public Convenience and
Necessity. NEPA also requires the Commission to discover concerns the
public may have about proposals. This process is referred to as
``scoping.'' The main goal of the scoping process is to focus the
analysis

in the EA on the important environmental issues. By this notice, the
Commission requests public comments on the scope of issues to address
in the EA. To ensure that your comments are timely and properly
recorded, please submit your comments so that the Commission receives
them in Washington, DC on or before 5:00 p.m. Eastern Time on August
24, 2020. Comments may be submitted in written or oral form. Further
details on how to submit comments are provided in the Public
Participation section of this notice.
    You can make a difference by submitting your specific comments or
concerns about the project. Your comments should focus on the potential
environmental effects, reasonable alternatives, and measures to avoid
or lessen environmental impacts. Your input will help the Commission
staff determine what issues they need to evaluate in the EA. Commission
staff will consider all written or oral comments during the preparation
of the EA.
    If you sent comments on this project to the Commission before the
opening of this docket on June 18, 2020, you will need to file those
comments in Docket No. PF20-3-000 to ensure they are considered.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the planned facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the project, the Natural Gas Act conveys the right of eminent
domain to the company. Therefore, if you and the company do not reach
an easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law.
    A fact sheet prepared by the FERC entitled An Interstate Natural
Gas Facility On My Land? What Do I Need To Know? is available for
viewing on the FERC website (www.ferc.gov) under the natural gas
Landowner Topics link. This fact sheet addresses a number of typically
asked questions, including the use of eminent domain and how to
participate in the Commission's proceedings.

Public Participation

    The Commission offers a free service called eSubscription which
makes it easy to stay informed of all issuances and submittals
regarding the dockets/projects to which you subscribe. These instant
email notifications are the fastest way to receive notification and
provide a link to the document files which can reduce the amount of
time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    For your convenience, there are four methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on eRegister. You will be asked to select the type of filing you are
making; a comment on a particular project is considered a Comment on a
Filing;
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (PF20-3-
000) on your letter. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852; or
    (4) In lieu of sending written comments, the Commission invites you
to attend one of the virtual public scoping sessions its staff will
conduct by telephone, scheduled as follows:

                              Date and Time
------------------------------------------------------------------------

-------------------------------------------------------------------------
Tuesday, August 18, 2020, 6:00-8:00 p.m. EDT, Call in number: 888-455-
 9739, Participant passcode: 4753713.
Wednesday, August 19, 2020, 6:00-8:00 p.m. EDT, Call in number: 888-455-
 9739, Participant passcode: 4753713.
Thursday, August 20, 2020, 6:00-8:00 p.m. EDT, Call in number: 888-455-
 9739, Participant passcode: 4753713.
------------------------------------------------------------------------

    The primary goal of these scoping sessions is to have you identify
the specific environmental issues and concerns that should be
considered in the EA. Individual oral comments will be taken on a one-
on-one basis with a court reporter present on the line. This format is
designed to receive the maximum amount of oral comments, in a
convenient way during the timeframe allotted and is in response to the
ongoing COVID-19 pandemic.
    Each scoping session is scheduled from 6:00 p.m. to 8:00 p.m.
Eastern Daylight Time. You may call at any time after 6:00 p.m. at
which time you will be placed on mute and hold. Calls will be answered
in the order they are received. Once answered, you will have the
opportunity to provide your comment directly to a court reporter with
FERC staff or representative present on the line. A time limit of three
minutes will be implemented for each commentor.
    Transcripts of all comments received during the scoping sessions
will be publicly available on FERC's eLibrary system (see the last page
of this notice for instructions on using eLibrary).
    It is important to note that the Commission provides equal
consideration to all comments received, whether filed in written form
or provided orally at a virtual scoping session.
    There will not be a formal presentation provided by Commission
staff. However, information about FERC's environmental review process
can be found on the FERC website (www.ferc.gov) under the natural gas

Landowner Topics link. In addition, Transco has created a project-
specific website with additional information at https://www.williams.com/expansion-project/regional-energy-access/.
    Please note this is not your only public input opportunity; please
refer to the review process flow chart in appendix 1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called eLibrary or from the Commission's
Public Reference Room, 888 First Street NE, Washington, DC 20426, or
call<PHONE_NUMBER>.
---------------------------------------------------------------------------

Summary of the Planned Project

    Transco plans to construct and operate approximately 35.8 miles of
pipeline loop \2\ and one new compressor station, as well as modify
existing compressor stations and facilities in Pennsylvania and New
Jersey. The project would provide about 760 million standard cubic feet
of natural gas per day to multiple delivery points along Transco's
existing system in Pennsylvania, New Jersey, and Maryland. According to
Transco, its project would provide its customers with enhanced access
to Marcellus and Utica Shale natural gas supplies.
---------------------------------------------------------------------------

    \2\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
---------------------------------------------------------------------------

    The project would consist of the following facilities:
     Installation of 22 miles of 30-inch-diameter pipeline loop
in Luzerne County, Pennsylvania (Regional Energy Lateral);
     installation of 13.8 miles of 42-inch-diameter pipeline
loop in Monroe County, Pennsylvania (Effort Loop);
     installation of the new Compressor Station 201 (up to
11,500 horsepower [hp]) in Gloucester County, New Jersey);
     installation of a gas turbine or electric motor-driven
compressor unit (up to 16,000 hp) at existing Compressor Station 505 in
Somerset County, New Jersey;
     installation of a gas turbine compressor unit (up to an
additional 31,871 hp) and modifications to three existing compressors
at existing Compressor Station 515 in Luzerne County, Pennsylvania;
     modifications at existing compressor stations, meter
stations, interconnects, and ancillary facilities in Pennsylvania, New
Jersey, and Maryland; and
     installation of ancillary facilities such as mainline
valves, communication facilities, and pig \3\ launchers and receivers.
---------------------------------------------------------------------------

    \3\ A pig is a tool that the pipeline company inserts into and
pushes through the pipeline for cleaning the pipeline, conducting
internal inspections, or other purposes.
---------------------------------------------------------------------------

    The general location of the project facilities is shown in appendix
2.

Land Requirements for Construction

    Construction of the planned facilities would disturb about 814
acres \4\ of land for the aboveground facilities and the pipeline
loops. Following construction, Transco would maintain about 232 acres
for permanent operation of the project's facilities; the remaining
acreage would be restored and revert to former uses. The majority of
the planned pipeline loops parallel Transco's existing pipeline rights-
of-way.
---------------------------------------------------------------------------

    \4\ Transco is evaluating workspace requirements at three of the
planned aboveground facilities to determine whether additional land
requirements will be necessary.
---------------------------------------------------------------------------

The EA Process

    The EA will discuss impacts that could occur as a result of the
construction and operation of the planned project under these general
headings:

 Geology and soils;
 water resources and wetlands;
 vegetation and wildlife;
 threatened and endangered species;
 cultural resources;
 land use and visual impacts;
 socioeconomics;
 air quality and noise;
 public safety; and
 cumulative impacts.

    Commission staff will also evaluate possible alternatives to the
planned project or portions of the project and make recommendations on
how to lessen or avoid impacts on the various resource areas.
    Although no formal application has been filed, Commission staff
have already initiated a NEPA review under the Commission's pre-filing
process. The purpose of the pre-filing process is to encourage early
involvement of interested stakeholders and to identify and resolve
issues before the Commission receives an application. As part of the
pre-filing review, Commission staff will contact federal and state
agencies to discuss their involvement in the scoping process and the
preparation of the EA.
    The EA will present Commission staff's independent analysis of the
issues. The EA will be available in electronic format in the public
record through eLibrary \5\ and the Commission's natural gas
environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you
will receive instant email notification when the EA is issued. The EA
may be issued for an allotted public comment period. Commission staff
will consider all comments on the EA before making recommendations to
the Commission. To ensure Commission staff have the opportunity to
consider and address your comments, please carefully follow the
instructions in the Public Participation section, beginning on page 2.
---------------------------------------------------------------------------

    \5\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
---------------------------------------------------------------------------

    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues related to this project to formally cooperate in
the preparation of the EA.\6\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \6\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office(s),
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\7\ The EA for this project will
document our findings on the impacts on historic properties and
summarize the status of consultations under section 106.
---------------------------------------------------------------------------

    \7\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes

within certain distances of aboveground facilities, and anyone who
submits comments on the project and includes a mailing address with
their comments. Commission staff will update the environmental mailing
list as the analysis proceeds to ensure that Commission notices related
to this environmental review are sent to all individuals,
organizations, and government entities interested in and/or potentially
affected by the planned project.
    If the Commission issues the EA for an allotted public comment
period, a Notice of Availability of the EA will be sent to the
environmental mailing list and will provide instructions to access the
electronic document on the FERC's website (www.ferc.gov). If you need
to make changes to your name/address, or if you would like to remove
your name from the mailing list, please return the attached Mailing
List Update Form (appendix 3).

Becoming an Intervenor

    Once Transco files its application with the Commission, you may
want to become an intervenor which is an official party to the
Commission's proceeding. Only intervenors have the right to seek
rehearing of the Commission's decision and be heard by the courts if
they choose to appeal the Commission's final ruling. An intervenor
formally participates in the proceeding by filing a request to
intervene pursuant to Rule 214 of the Commission's Rules of Practice
and Procedures (18 CFR 385.214). Motions to intervene are more fully
described at https://www.ferc.gov/ferc-online/ferc-online/how-guides.
Please note that the Commission will not accept requests for intervenor
status at this time. You must wait until the Commission receives a
formal application for the project, after which the Commission will
issue a public notice that establishes an intervention deadline.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on General Search and enter the docket number in
the Docket Number field, excluding the last three digits (i.e., PF20-
3). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of all formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    Public virtual scoping sessions or site visits will be posted on
the Commission's calendar located at https://www.ferc.gov/news-events/events along with other related information.

    Dated: July 24, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-16518 Filed 7-29-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Notices]
[Pages 868-870]
[FR Doc No: 2019-00480]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84975; File No. SR-NYSEAMER-2018-56]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Change To Amend the NYSE
American Options Fee Schedule

December 26, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 21, 2018, NYSE American LLC (the ``Exchange''
or ``NYSE American'') filed with the Securities and Exchange Commission
(the ``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\ 15 U.S.C. 78a.
    \3\ 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 amend the NYSE American Options Fee
Schedule (``Fee Schedule''). The Exchange proposes to implement the fee
change effective January 1, 2019. The proposed change is available on
the Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The purpose of this filing is to modify the Fee Schedule to extend
for another year the prepayment incentive program for Floor Broker
organizations (each a ``Floor Broker'') that the Exchange introduced in
April 2018 (the ``FB Prepay Program'' or ``Program'').\4\
---------------------------------------------------------------------------

    \4\ See Exchange Act Release No. 83073 (April 20, 2018), 83 FR
18377 (April 26, 2018) (NYSEAmer-2018-15). See also Fee Schedule,
Section III.E., Floor Broker Fixed Cost Prepayment Incentive Program
(the ``FB Prepay Program''), available here, https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.
---------------------------------------------------------------------------

    Pursuant to the FB Prepay Program, the Exchange offered Floor
Brokers that operate on the Exchange a 10% discount on their ``Eligible
Fixed Costs'' (described in the table below) if Floor Brokers prepaid
such costs for April through December 2018.

------------------------------------------------------------------------
                          Eligible Fixed Costs
-------------------------------------------------------------------------
Section III.A. Monthly ATP Fees.
Section III.B. Floor Access Fee.
Section IV. Monthly Floor Communication, Connectivity, Equipment and
 Booth or Podia Fees as listed below:
    Login.

    Transport Charges.
    Booth Premises.
    Telephone Service.
    Cellular Phones.
    Booth Telephone System--Line Charge.
    Booth Telephone System--Single line phone jack and data jack.
    Wire Services.
------------------------------------------------------------------------

    The Exchange proposes to extend the FB Prepay Program and offer
Floor Brokers the opportunity to prepay their annual Eligible Fixed
Costs for 2019, with modifications to the benchmarks utilized to assess
eligibility for the Percentage Growth Incentive.\5\ The Exchange
proposes to continue to offer participants in the FB Prepay Program the
opportunity to qualify for larger discounts (i.e., more than 10% of the
2019 Eligible Fixed Costs) through the Percentage Growth Incentive (the
``Incentive''), which is designed to encourage Floor Brokers to
increase their average daily volume (``ADV'') in billable manual
contract sides by certain percentages (correlated with Tiers) as
measured against one of two benchmarks.\6\
---------------------------------------------------------------------------

    \5\ To participate in the 2019 FB Prepay Program, Floor Brokers
would have to notify the Exchange in writing by emailing
<EMAIL_ADDRESS>indicating a commitment to submit
prepayment, by no later than December 31, 2018. The email to enroll
in the Program would have to originate from an officer of the Floor
Broker organization and, except as provided for below, represents a
binding commitment through the end of 2019. To participate in the
Program, prepayment for the balance of the year must be received by
the close of business on January 31, 2019. See proposed Fee
Schedule, Section III.E., Floor Broker Fixed Cost Prepayment
Incentive Program (the ``FB Prepay Program''). ``Participating Floor
Broker organizations that qualify for the Percentage Growth
Incentive will receive their 2019 rebate in January 2020.'' See id.
    \6\ The Percentage Growth Incentive would continue to exclude
Customer volume, Firm Facilitation trades, and QCCs. Any volume
calculated to achieve the Firm Monthly Fee Cap and the Strategy
Execution Fee Cap, regardless of whether either of these caps is
achieved, will likewise be excluded from the Percentage Growth
Incentive because fees on such volume are already capped and
therefore such volume does not increase billable manual volume. See
Fee Schedule, Section III.E., supra note 4.
---------------------------------------------------------------------------

    For the 2019 FB Prepay Program, the Exchange proposes to modify the
first benchmark by requiring a minimum 11,000 contract sides (up from
10,000) in billable ADV and proposes to modify the second benchmark by
requiring 110% of the Floor Broker's total billable manual ADV in
contract sides (up from 100%) during the second half of 2017--i.e.,
July through December 2017. The Exchange is not modifying the
percentages (correlated with Tiers 1-3) against which the benchmarks
are measured.\7\ The Exchange notes that Equity Option Industry ADV for
2018 is up 24% as compared to Equity Option Industry ADV for the last
six months of 2017 (and the three years prior). Thus, in this climate,
the Exchange believes it is appropriate to apply a nominal increase in
the first benchmark--from a minimum of 10,000 ADV to 11,000 ADV.
Similarly, given that 2018 options industry volume has been elevated
and the Exchange cannot predict whether volumes for 2019 will continue
at the same pace, the Exchange believes it is appropriate to continue
to use ADV from the latter half of 2017 as the alternative benchmark,
with a nominal increase of 10% over the current requirement. The
Exchange notes that the changes to the Program are designed to
encourage those Floor Brokers that enrolled in the Program for 2018 to
reenroll for 2019 as well as to attract Floor Brokers that have not yet
participated.
---------------------------------------------------------------------------

    \7\ See id.
---------------------------------------------------------------------------

    As proposed, a Floor Broker that commits to the Program for 2019
would be invoiced in January 2019 for its estimated Eligible Fixed
Costs, through the end of 2019, less 10%. The estimated annual Eligible
Fixed Costs (i.e., for January through December 2019) for each
participating Floor Broker would be based on that Floor Broker's
November, 2018 invoice for such costs [sic].
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\9\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

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

    The proposal to extend the FB Prepayment Program as modified is
reasonable, equitable and not unfairly discriminatory for the following
reasons. First, the Program is optional and Floor Brokers can elect to
participate (or elect not to participate). In addition, the Exchange is
continuing to offer two alternative means to achieve the same enhanced
discount to ensure that Floor Brokers that are new to the Exchange (and
therefore have no historical ADV from 2017) could nonetheless
participate in the Program. The Exchange notes that Equity Option
Industry ADV for 2018 is up 24% as compared to Equity Option Industry
ADV for the last six months of 2017 (and the three years prior). Thus,
in this climate, the Exchange believes it is appropriate to apply a
nominal increase in the first benchmark--from a minimum of 10,000 ADV
to 11,000 ADV. Similarly, given that 2018 options industry volume has
been elevated and the Exchange cannot predict whether volumes for 2019
will continue at the same pace, the Exchange believes it is appropriate
to continue to use ADV from the latter half of 2017 as the alternative
benchmark, with a nominal increase of 10% over the current requirement.
The Exchange notes that the changes to the Program are designed to
encourage those Floor Brokers that enrolled in the Program for 2018 to
reenroll for 2019 as well as to attract Floor Brokers that have not yet
participated.
    The Exchange believes the proposed changes to the FB Program would
continue to incent Floor Brokers to increase their billable volume
executed in open outcry on the Exchange in an effort to achieve the
Incentive (the percentages for which remain unchanged), which would
benefit all market participants by expanding liquidity and providing
more trading opportunities, even to those market participants that have
not committed to the Program. Regardless of which benchmark a
participating Floor Broker's growth is measured against, all Floor
Broker's that opt to participate and seek to achieve the Incentive
would be required to increase volume executed on the Exchange in order
to receive the enhanced discount. Thus, the Exchange believes the
proposed Program, is reasonable, equitable and not unfairly
discriminatory to others.
    The Exchange believes the proposal to continue to offer the
Percentage Growth Incentive for 2019 based on ADV in contract sides in
2019 is reasonable, equitable and not unfairly discriminatory because,
just as under the existing program, this Incentive is designed to
encourage Floor Brokers to increase their ADV in billable manual
contract sides by certain percentages (correlated with Tiers) as
measured against the two available benchmarks.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The Exchange believes that the

proposed changes to the FB Prepayment Program may increase both inter-
market and intra-market competition by incenting participants to direct
their orders to the Exchange, which would enhance the quality of
quoting and may increase the volume of contracts traded on the
Exchange. To the extent that there is an additional competitive burden
on non-Exchange participants, the Exchange believes that this is
appropriate because the proposal should incent market participants to
direct additional order flow to the Exchange, and thus provide
additional liquidity that enhances the quality of its markets and
increases the volume of contracts traded here. To the extent that this
purpose is achieved, all of the Exchange's market participants should
benefit from the improved market liquidity. Enhanced market quality and
increased transaction volume that results from the anticipated increase
in order flow directed to the Exchange would benefit all market
participants and improve competition on the Exchange.
    Given the robust competition for volume among options markets, many
of which offer the same products, implementing programs to attract
order flow, such as the proposed changes to the FB Prepayment Program,
are consistent with the above-mentioned goals of the Act.
    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \10\ of the Act and subparagraph (f)(2) of Rule
19b-4 \11\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEAMER-2018-56 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-NYSEAMER-2018-56. 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-NYSEAMER-2018-56, and should be
submitted on or before February 21, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-00480 Filed 1-30-19; 8:45 am]
BILLING CODE 8011-01-P