[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81216-81219]
[FR Doc No: 2016-27597]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79287; File No. SR-NYSEMKT-2016-100]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Change Adopting a Decommission
Extension Fee for Receipt of the NYSE MKT Order Imbalances Market Data
Product

November 10, 2016.
    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 October 28, 2016, NYSE MKT LLC (``NYSE MKT'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to adopt a Decommission Extension Fee for
receipt of the NYSE MKT Order Imbalances market data product. The
proposed change is available on the Exchange's Web site 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 Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to adopt a Decommission Extension Fee for
receipt of the NYSE MKT Order Imbalances market data product,\3\ as set
forth on the NYSE MKT Proprietary Market Data Fee Schedule (``Fee
Schedule''). Recipients of NYSE MKT Order Imbalances would continue to
be subject to the already existing subscription fees currently set
forth in the Fee Schedule. The proposed Decommission Extension Fee
would apply only to those subscribers who decide to continue to receive
the NYSE MKT Order Imbalances feed in its legacy format for up to two
months after which the feed will be distributed exclusively in the new
format explained below.
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    \3\ See Securities Exchange Act Release Nos. 59743 (April 9,
2009), 74 FR 17699 (April 16, 2009) (SR-NYSEAmex-2009-11--Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Making
Available an NYSE Amex Order Imbalance Information Datafeed); and
60385 (July 24, 2009), 74 FR 38249 (July 31, 2009) (SR-NYSEAmex-
2009-26--Order Approving Proposed Rule Change to Charge a $500
Monthly Fee to Recipients of the NYSE Amex Order Imbalance
Information Datafeed). See also Securities Exchange Act Release Nos.
72020 (September 9, 2014), 79 FR 55040 (September 15, 2014) (SR-
NYSEMKT-2014-72) (establishing fees for non-display use of NYSE MKT
Order Imbalances); and 76911 (January 14, 2016), 81 FR 3496 (January
21, 2016) (SR-NYSEMKT-2016-05) (amending fees for NYSE MKT Order
Imbalances).
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    NYSE MKT Order Imbalances is an NYSE MKT-only market data feed of
real-time order imbalances that accumulate prior to the opening of
trading on the Exchange and prior to the close of trading on the
Exchange. The Exchange distributes information about these imbalances
in real-time at specified intervals prior to the opening and closing
auction each day.\4\
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    \4\ See Rules 15--Equities (Pre-Opening Indications and Opening
Order Imbalance Information) and 123C--Equities (The Closing
Procedures).
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    As part of the Exchange's efforts to regularly upgrade systems to
support more modern data distribution formats and protocols as
technology evolves, beginning October 31, 2016, NYSE MKT Order
Imbalances will be transmitted in a new format, Exchange Data Protocol

(XDP). Beginning October 31, 2016, the Exchange will transmit NYSE MKT
Order Imbalances in both the legacy format and in XDP format without
any additional fee being charged for providing this data feed in both
formats. The dual dissemination will remain in place until February 28,
2017, the planned decommission date of the legacy format. Beginning
March 1, 2017, recipients of NYSE MKT Order Imbalances who wish to
continue to receive NYSE MKT Order Imbalances in the legacy format will
be subject to the proposed Decommission Extension Fee of $5,000 per
month.\5\ During the extension period, recipients of NYSE MKT Order
Imbalances would continue to be subject to the subscription fees
currently noted in the Fee Schedule. The extension period for receiving
this data feed in the legacy format will expire on April 28, 2017, on
which date distribution of NYSE MKT Order Imbalances in the legacy
format will be permanently discontinued.
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    \5\ The concept of a Decommission Extension Fee is not novel.
The Exchange recently adopted a Decommission Extension Fee for
receipt of the NYSE MKT BBO and NYSE MKT Trades market data products
when the Exchange migrated those products to the XDP format. See
Securities Exchange Act Release No. 77389 (March 17, 2016), 81 FR
15363 (March 22, 2016) (SR-NYSEMKT-2016-37).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\6\ in general, and
Sections 6(b)(4) and 6(b)(5) of the Act,\7\ in particular, in that it
provides an equitable allocation of reasonable fees among users and
recipients of the data and is not designed to permit unfair
discrimination among customers, issuers, and brokers.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4), (5).
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    The Exchange believes that adopting an extension fee for
subscribers of NYSE MKT Order Imbalances who wish to receive this data
feed in the legacy format for a period of time beyond the built-in
overlap period is reasonable, equitable and not unfairly discriminatory
because the proposed fee would apply equally to all data recipients
that currently subscribe to NYSE MKT Order Imbalances. The Exchange
believes that it is reasonable to require data recipients to pay an
additional fee for taking the data feed in the legacy format beyond the
period of time specifically allotted by the Exchange for data feed
customers to adapt to the new XDP format at no extra cost. To that end,
the extension fee is designed to encourage data recipients to migrate
to the XDP format in order to continue to receive NYSE MKT Order
Imbalances in XDP as the legacy format would no longer be available
after that date. The Exchange does not intend to support the legacy
format at all after April 28, 2017.
    The Exchange notes that NYSE MKT Order Imbalances is entirely
optional. The Exchange is not required to make NYSE MKT Order
Imbalances available or to offer any specific pricing alternatives to
any customers, nor is any firm required to purchase NYSE MKT Order
Imbalances, nor is the Exchange required to offer any feed (NYSE MKT
Order Imbalances, or otherwise) in a particular format, and it is a
benefit to the markets generally that NYSE MKT update its distribution
technology to make it more efficient (and at the same time eliminate
less efficient forms of dissemination). Firms that do purchase NYSE MKT
Order Imbalances do so for the primary goals of using them to increase
revenues, reduce expenses, and in some instances compete directly with
the Exchange (including for order flow); those firms are able to
determine for themselves whether NYSE MKT Order Imbalances or any other
similar products are attractively priced or not.\8\
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    \8\ See, e.g., Proposing Release on Regulation of NMS Stock
Alternative Trading Systems, Securities Exchange Act Release No.
76474 (Nov. 18, 2015) (File No. S7-23-15). See also, ``Brokers
Warned Not to Steer Clients' Stock Trades Into Slow Lane,''
Bloomberg Business, December 14, 2015 (Sigma X dark pool to use
direct exchange feeds as the primary source of price data).
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    The decision of the United States Court of Appeals for the District
of Columbia Circuit in NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir.
2010), upheld reliance by the Securities and Exchange Commission
(``Commission'') upon the existence of competitive market mechanisms to
set reasonable and equitably allocated fees for proprietary market
data:

    In fact, the legislative history indicates that the Congress
intended that the market system `evolve through the interplay of
competitive forces as unnecessary regulatory restrictions are
removed' and that the SEC wield its regulatory power `in those
situations where competition may not be sufficient,' such as in the
creation of a `consolidated transactional reporting system.'

Id. at 535 (quoting H.R. Rep. No. 94-229 at 92 (1975), as reprinted in
1975 U.S.C.C.A.N. 323). The court agreed with the Commission's
conclusion that ``Congress intended that `competitive forces should
dictate the services and practices that constitute the U.S. national
market system for trading equity securities.' '' \9\
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    \9\ NetCoalition, 615 F.3d at 535.
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    As explained below in the Exchange's Statement on Burden on
Competition, the Exchange believes that there is substantial evidence
of competition in the marketplace for proprietary market data and that
the Commission can rely upon such evidence in concluding that the fees
established in this filing are the product of competition and therefore
satisfy the relevant statutory standards. In addition, the existence of
alternatives to the legacy format, such as converting to XDP as soon as
possible, further ensures that the Exchange cannot set unreasonable
fees, or fees that are unreasonably discriminatory, when vendors and
subscribers can select such alternatives.
    As the NetCoalition decision noted, the Commission is not required
to undertake a cost-of-service or ratemaking approach. The Exchange
believes that, even if it were possible as a matter of economic theory,
cost-based pricing for proprietary market data would be so complicated
that it could not be done practically or offer any significant
benefits.\10\
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    \10\ The Exchange believes that cost-based pricing would be
impractical because it would create enormous administrative burdens
for all parties and the Commission to cost-regulate a large number
of participants and standardize and analyze extraordinary amounts of
information, accounts, and reports. In addition, and as described
below, it is impossible to regulate market data prices in isolation
from prices charged by markets for other services that are joint
products. Cost-based rate regulation would also lead to litigation
and may distort incentives, including those to minimize costs and to
innovate, leading to further waste. Under cost-based pricing, the
Commission would be burdened with determining a fair rate of return,
and the industry could experience frequent rate increases based on
escalating expense levels. Even in industries historically subject
to utility regulation, cost-based ratemaking has been discredited.
As such, the Exchange believes that cost-based ratemaking would be
inappropriate for proprietary market data and inconsistent with
Congress's direction that the Commission use its authority to foster
the development of the national market system, and that market
forces will continue to provide appropriate pricing discipline. See
Appendix C to NYSE's comments to the Commission's 2000 Concept
Release on the Regulation of Market Information Fees and Revenues,
which can be found on the Commission's Web site at http://www.sec.gov/rules/concept/s72899/buck1.htm. Finally, the prices set
herein are prices for continuing to support distribution formats the
Exchange has elected to retire in favor of new and more efficient
distribution formats, making cost-based analyses even less relevant.
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    For these reasons, the Exchange believes that the proposed fees are
reasonable, equitable, and not unfairly discriminatory.

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 that is not necessary or appropriate
in furtherance

of the purposes of the Act. An exchange's ability to price its
proprietary market data feed products is constrained by actual
competition for the sale of proprietary market data products, the joint
product nature of exchange platforms, and the existence of alternatives
to the Exchange's proprietary data (and in this instance, the ability
of any firm to switch to the new distribution format in a time frame
that eliminates the need to pay these fees entirely).
The Existence of Actual Competition
    The market for proprietary data products is currently competitive
and inherently contestable because there is fierce competition for the
inputs necessary for the creation of proprietary data and strict
pricing discipline for the proprietary products themselves. Numerous
exchanges compete with one another for listings and order flow and
sales of market data itself, providing ample opportunities for
entrepreneurs who wish to compete in any or all of those areas,
including producing and distributing their own market data. Proprietary
data products are produced and distributed by each individual exchange,
as well as other entities, in a vigorously competitive market. Indeed,
the U.S. Department of Justice (``DOJ'') (the primary antitrust
regulator) has expressly acknowledged the aggressive actual competition
among exchanges, including for the sale of proprietary market data. In
2011, the DOJ stated that exchanges ``compete head to head to offer
real-time equity data products. These data products include the best
bid and offer of every exchange and information on each equity trade,
including the last sale.'' \11\
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    \11\ Press Release, U.S. Department of Justice, Assistant
Attorney General Christine Varney Holds Conference Call Regarding
NASDAQ OMX Group Inc. and IntercontinentalExchange Inc. Abandoning
Their Bid for NYSE Euronext (May 16, 2011), available at http://www.justice.gov/iso/opa/atr/speeches/2011/at-speech-110516.html; see
also Complaint in U.S. v. Deutsche Borse AG and NYSE Euronext, Case
No. 11-cv-2280 (D.C. Dist.) ] 24 (``NYSE and Direct Edge compete
head-to-head . . . in the provision of real-time proprietary equity
data products.'').
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    Moreover, competitive markets for listings, order flow, executions,
and transaction reports provide pricing discipline for the inputs of
proprietary data products and therefore constrain markets from
overpricing proprietary market data. Broker-dealers send their order
flow and transaction reports to multiple venues, rather than providing
them all to a single venue, which in turn reinforces this competitive
constraint. As a 2010 Commission Concept Release noted, the ``current
market structure can be described as dispersed and complex'' with
``trading volume . . . dispersed among many highly automated trading
centers that compete for order flow in the same stocks'' and ``trading
centers offer[ing] a wide range of services that are designed to
attract different types of market participants with varying trading
needs.'' \12\ More recently, SEC Chair Mary Jo White has noted that
competition for order flow in exchange-listed equities is ``intense''
and divided among many trading venues, including exchanges, more than
40 alternative trading systems, and more than 250 broker-dealers.\13\
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    \12\ Concept Release on Equity Market Structure, Securities
Exchange Act Release No. 61358 (Jan. 14, 2010), 75 FR 3594 (Jan. 21,
2010) (File No. S7-02-10). This Concept Release included data from
the third quarter of 2009 showing that no market center traded more
than 20% of the volume of listed stocks, further evidencing the
dispersal of and competition for trading activity. Id. at 3598. Data
available on ArcaVision show that from June 30, 2013 to June 30,
2014, no exchange traded more than 12% of the volume of listed
stocks by either trade or dollar volume, further evidencing the
continued dispersal of and fierce competition for trading activity.
See https://www.arcavision.com/Arcavision/arcalogin.jsp.
    \13\ Mary Jo White, Enhancing Our Equity Market Structure,
Sandler O'Neill & Partners, L.P. Global Exchange and Brokerage
Conference (June 5, 2014) (available on the Commission Web site),
citing Tuttle, Laura, 2014, ``OTC Trading: Description of Non-ATS
OTC Trading in National Market System Stocks,'' at 7-8.
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    If an exchange succeeds in competing for quotations, order flow,
and trade executions, then it earns trading revenues and increases the
value of its proprietary market data products because they will contain
greater quote and trade information. Conversely, if an exchange is less
successful in attracting quotes, order flow, and trade executions, then
its market data products may be less desirable to customers in light of
the diminished content and data products offered by competing venues
may become more attractive. Thus, competition for quotations, order
flow, and trade executions puts significant pressure on an exchange to
maintain both execution and data fees at reasonable levels.
    In addition, in the case of products that are also redistributed
through market data vendors, such as Bloomberg and Thompson Reuters,
the vendors themselves provide additional price discipline for
proprietary data products because they control the primary means of
access to certain end users. These vendors impose price discipline
based upon their business models. For example, vendors that assess a
surcharge on data they sell are able to refuse to offer proprietary
products that their end users do not or will not purchase in sufficient
numbers. Vendors will not elect to make available NYSE MKT Order
Imbalances in the legacy format unless their customers request it, and
customers will not elect to pay the proposed fees unless NYSE MKT Order
Imbalances can provide value in the legacy formats by sufficiently
increasing revenues or reducing costs in the customer's business in a
manner that will offset the fees. The Exchange has provided customers
with adequate notice that it intends to discontinue dissemination of
the data feed in the legacy format. Therefore, the proposed
Decommission Extension Fee would only be applicable to those customers
who have a need or desire to continue to take the data feed in the
legacy format beyond the period provided for migration to the XDP
format. Customers who timely migrate to the XDP format to receive the
data feed would not need to receive the data feed in the legacy format
and therefore would not be subject to the Decommission Extension Fee at
all. All of these factors operate as constraints on pricing proprietary
data products.

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 has become effective pursuant to Section
19(b)(3)(A) of the Act \14\ and paragraph (f) of Rule 19b-4 \15\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2016-100 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2016-100. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2016-100, and should
be submitted on or before December 8, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-27597 Filed 11-16-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Notices]
[Pages 31059-31060]
[FR Doc No: 2012-12617]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67017; File No. SR-BATS-2012-017]

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

May 18, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 11, 2012, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the fee schedule applicable to
Members \3\ and non-members of the Exchange pursuant to BATS Rules
15.1(a) and (c). While changes to the fee schedule pursuant to this
proposal will be effective upon filing, the changes will become
operative on May 14, 2012.
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    \3\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
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    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, on the Commission's Web site at www.sec.gov, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify the ``Equities Pricing'' section of
its fee schedule to update the number of ports provided in connection
with the Exchange's Multicast PITCH data feed. As described in further
detail below, there is no change to the fee structure for logical ports
used to receive Multicast PITCH data from the Exchange, but rather,
simply an update necessary due to an increase to the number of matching
engines used to operate the Exchange's platform for cash equities
(``BATS Equities''). This increase, in turn, requires an update to the
number of logical ports necessary to receive Multicast PITCH data from
the Exchange, which is reflected on the Exchange's fee schedule.
    Specifically, the Exchange currently operates BATS Equities with 12
matching engines, which in turn requires the use of 12 Multicast PITCH
logical ports in order to receive Multicast PITCH data. The Exchange
provides all Exchange constituents that receive the Exchange's
Multicast PITCH Feed with 12 free pairs \4\ of Multicast PITCH Spin
Server Ports free of charge and, if such ports are used, one free pair
of GRP Ports. The Exchange also charges such customers $400.00 per
month per additional pair of GRP Ports or additional set of 12 pairs of
Multicast PITCH Spin Server Ports.
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    \4\ A pair includes one port at the Exchange's primary data
center and another port at the Exchange's secondary data center.
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    As of May 14, 2012, BATS Equities will operate with 32 matching
engines.

Accordingly, the Exchange proposes to update its fee schedule to
provide Exchange constituents that receive the Exchange's Multicast
PITCH Feed with 32 free pairs of Multicast PITCH Spin Server Ports free
of charge and, if such ports are used, one free pair of GRP Ports. The
Exchange also proposes to charge such customers $400.00 per month per
additional pair of GRP Ports or additional set of 32 pairs of Multicast
PITCH Spin Server Ports.
    The Exchange's proposal to continue to provide certain ports free
of charge to Multicast Pitch customers is designed to encourage use of
the Exchange's Multicast PITCH Feed because the Exchange believes that
the feed is its most efficient feed, and thus, will reduce
infrastructure costs for both the Exchange and those who utilize the
feed. Any Member or non-member that has entered into the appropriate
agreements with the Exchange is permitted to receive Multicast Pitch
Spin Server Ports and GRP Ports from the Exchange.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\5\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\6\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
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    As noted above, the Exchange is not changing the fee structure for
logical ports necessary to receive Multicast PITCH data from the
Exchange, but rather, is increasing the number of ports that comprise a
set of ports for the receipt of Multicast PITCH data. The Exchange
continues to believe that its logical port fees are reasonable in light
of the benefits to Members of direct market access and receipt of data.
In addition, the Exchange believes that its fees are equitably
allocated among its constituents based upon the number of access ports
that they require to submit orders to the Exchange or receive data from
the Exchange. The Exchange also believes that providing financial
incentives to use Exchange technology that the Exchange believes is the
most technologically efficient for the Exchange and its constituents is
a fair and equitable approach to pricing. Accordingly, the Exchange
believes that promotion of its Multicast PITCH data feed through the
continued offering of free logical ports is fair and equitable. Based
on the foregoing, the Exchange believes that the proposed pricing
structure for logical ports is not unreasonably discriminatory.

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

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    No written comments were solicited or received.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act \7\ and Rule 19b-
4(f)(2) thereunder,\8\ the Exchange has designated this proposal as
establishing or changing a due, fee, or other charge applicable to the
Exchange's Members and non-members, which renders the proposed rule
change effective upon filing.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
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    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.

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-BATS-2012-017 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-BATS-2012-017. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-BATS-2012-017,
and should be submitted on or before June 14, 2012.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-12617 Filed 5-23-12; 8:45 am]
BILLING CODE 8011-01-P


period addressed in the most recent plan required under paragraph (f)
of this section including whether or not these changes in anthropogenic
emissions were anticipated in that most recent plan and whether they
have limited or impeded progress in reducing pollutant emissions and
improving visibility.
    (6) For a state with a long-term strategy that includes a smoke
management program for prescribed fires on wildland, a summary of the
most recent periodic assessment of the smoke management program
including conclusions that were reached in the assessment as to whether
the program is meeting its goals regarding improving ecosystem health
and reducing the damaging effects of catastrophic wildfires.
    (7) An assessment of whether the current implementation plan
elements and strategies are sufficient to enable the State, or other
States with mandatory Class I Federal areas affected by emissions from
the State, to meet all established reasonable progress goals for the
period covered by the most recent plan required under paragraph (f) of
this section.
    (h) Determination of the adequacy of existing implementation plan.
At the same time the State is required to submit any progress report to
EPA in accordance with paragraph (g) of this section, the State must
also take one of the following actions based upon the information
presented in the progress report:
    (1) If the State determines that the existing implementation plan
requires no further substantive revision at this time in order to
achieve established goals for visibility improvement and emissions
reductions, the State must provide to the Administrator a declaration
that revision of the existing implementation plan is not needed at this
time.
* * * * *
    (i) * * *
    (2) The State must provide the Federal Land Manager with an
opportunity for consultation, in person at a point early enough in the
State's technical and policy analyses of its long-term strategy
emission reduction obligation and prior to development of reasonable
progress goals so that information and recommendations provided by the
Federal Land Manager can meaningfully inform the State's development of
the long-term strategy. The opportunity for consultation will be deemed
to have been early enough if the consultation has taken place at least
120 days prior to holding any public hearing or other public comment
opportunity on an implementation plan (or plan revision) or progress
report for regional haze required by this subpart. The opportunity for
consultation must be provided no less than 60 days prior to said public
hearing or public comment opportunity. This consultation must include
the opportunity for the affected Federal Land Managers to discuss
their:
* * * * *
    (3) In developing any implementation plan (or plan revision) or
progress report, the State must include a description of how it
addressed any comments provided by the Federal Land Managers.
    (4) The plan (or plan revision) must provide procedures for
continuing consultation between the State and Federal Land Manager on
the implementation of the visibility protection program required by
this subpart, including development and review of implementation plan
revisions and progress reports, and on the implementation of other
programs having the potential to contribute to impairment of visibility
in mandatory Class I Federal areas.

0
10. In Sec.  51.309, revise paragraphs (d)(4)(v), (d)(10) introductory
text, (d)(10)(i) introductory text, (d)(10)(ii) introductory text, add
paragraphs (d)(10)(iii) and(iv), and revise paragraph (g)(2)(iii) to
read as follows:

Sec.  51.309  Requirements related to the Grand Canyon Visibility
Transport Commission.

* * * * *
    (d) * * *
    (4) * * *
    (v) Market Trading Program. The implementation plan must include
requirements for a market trading program to be implemented in the
event that a milestone is not achieved. The plan shall require that the
market trading program be activated beginning no later than 15 months
after the end of the first year in which the milestone is not achieved.
The plan shall also require that sources comply, as soon as
practicable, with the requirement to hold allowances covering their
emissions. Such market trading program must be sufficient to achieve
the milestones in paragraph (d)(4)(i) of this section, and must be
consistent with the elements for such programs outlined in Sec.
51.308(e)(2)(vi). Such a program may include a geographic enhancement
to the program to address the requirement under Sec.  51.302(b) related
to reasonably attributable impairment from the pollutants covered under
the program.
* * * * *
    (10) Periodic implementation plan revisions and progress reports.
Each Transport Region State must submit to the Administrator periodic
reports in the years 2013 and as specified for subsequent progress
reports in Sec.  51.308(g). The progress report due in 2013 must be in
the form of an implementation plan revision that complies with the
procedural requirements of Sec. Sec.  51.102 and 51.103.
    (i) The report due in 2013 will assess the area for reasonable
progress as provided in this section for mandatory Class I Federal
area(s) located within the State and for mandatory Class I Federal
area(s) located outside the State that may be affected by emissions
from within the State. This demonstration may be based on assessments
conducted by the States and/or a regional planning body. The progress
report due in 2013 must contain at a minimum the following elements:
* * * * *
    (ii) At the same time the State is required to submit the 5-year
progress report due in 2013 to EPA in accordance with paragraph
(d)(10)(i) of this section, the State must also take one of the
following actions based upon the information presented in the progress
report:
* * * * *
    (iii) The requirements of Sec.  51.308(g) regarding requirements
for periodic reports describing progress towards the reasonable
progress goals apply to States submitting plans under this section,
with respect to subsequent progress reports due after 2013.
    (iv) The requirements of Sec.  51.308(h) regarding determinations
of the adequacy of existing implementation plans apply to States
submitting plans under this section, with respect to subsequent
progress reports due after 2013.
* * * * *
    (g) * * *
    (2) * * *
    (iii) The Transport Region State may consider whether any
strategies necessary to achieve the reasonable progress goals required
by paragraph (g)(2) of this section are incompatible with the
strategies implemented under paragraph (d) of this section to the
extent the State adequately demonstrates that the incompatibility is
related to the costs of the compliance, the time necessary for
compliance, the energy and non air quality environmental impacts of
compliance, or the remaining useful life of any existing source subject
to such requirements.

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
11. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Sec.  52.26  [Removed and Reserved]

0
12. Section 52.26 is removed and reserved.

Sec.  52.29  [Removed and Reserved]

0
13. Section 52.29 is removed and reserved.

Sec.  52.61  [Amended]

0
14. In Sec.  52.61, remove and reserve paragraph (b).
0
15. In Sec.  52.145, revise paragraph (b) and remove and reserve
paragraph (c).
    The revision reads as follows:

Sec.  52.145  Visibility protection.

* * * * *
    (b) Regulations for visibility monitoring and new source review.
The provisions of Sec. Sec.  52.27 and 52.28 are hereby incorporated
and made part of the applicable plan for the State of Arizona.
* * * * *

Sec.  52.281  [Amended]

0
16. In Sec.  52.281, remove and reserve paragraphs (b) and (e).
0
17. In Sec.  52.344, revise paragraph (b) to read as follows:

Sec.  52.344  Visibility protection.

* * * * *
    (b) The Visibility NSR regulations are approved for industrial
source categories regulated by the NSR and PSD regulations which have
previously been approved by EPA. However, Colorado's NSR and PSD
regulations have been disapproved for certain sources as listed in 40
CFR 52.343(a)(1). The provisions of 40 CFR 52.28 are hereby
incorporated and made a part of the applicable plan for the State of
Colorado for these sources.
0
18. In Sec.  52.633, revise paragraph (b) and remove and reserve
paragraph (c).
    The revision reads as follows:

Sec.  52.633  Visibility protection.

* * * * *
    (b) Regulations for visibility monitoring and new source review.
The provisions of Sec. Sec.  52.27 and 52.28 are hereby incorporated
and made part of the applicable plan for the State of Hawaii.
* * * * *

Sec.  52.690  [Amended]

0
19. In Sec.  52.690, remove and reserve paragraphs (b) and (c).

Sec.  52.1033  [Amended]

0
20. In Sec.  52.1033, remove and reserve paragraphs (a) and (c).
0
21. In Sec.  52.1183, revise paragraph (b) and remove and reserve
paragraphs (a) and (c).
    The revision reads as follows:

Sec.  52.1183  Visibility protection.

* * * * *
    (b) Regulation for visibility monitoring and new source review. The
provisions of Sec.  52.28 are hereby incorporated and made a part of
the applicable plan for the State of Michigan.
* * * * *
0
22. In Sec.  52.1236, revise paragraph (b) remove and reserve paragraph
(c).
    The revision reads as follows:

Sec.  52.1236  Visibility protection.

* * * * *
    (b) Regulation for visibility monitoring and new source review. The
provisions of Sec.  52.28 are hereby incorporated and made a part of
the applicable plan for the State of Minnesota.
* * * * *

Sec.  52.1339  [Amended]

0
23. In Sec.  52.1339, remove and reserve paragraph (b).

Sec.  52.1387  [Amended]

0
24. In Sec.  52.1387, remove and reserve paragraph (b).

0
25. In Sec.  52.1488, revise paragraph (b) and remove and reserve
paragraph (c).
    The revision reads as follows:

Sec.  52.1488  Visibility protection.

* * * * *
    (b) Regulation for visibility monitoring and new source review. The
provisions of Sec.  52.28 are hereby incorporated and made a part of
the applicable plan for the State of Nevada except for that portion
applicable to the Clark County Department of Air Quality and
Environmental Management.
* * * * *
0
26. In Sec.  52.1531, revise paragraph (b) and remove and reserve
paragraph (c).
    The revision reads as follows:

Sec.  52.1531  Visibility protection.

* * * * *
    (b) Regulation for visibility monitoring and new source review. The
provisions of Sec.  52.28 are hereby incorporated and made a part of
the applicable plan for the State of New Hampshire.
* * * * *

Sec.  52.2132  [Amended]

0
27. In Sec.  52.2132, remove and reserve paragraphs (b) and (c).
0
28. In Sec.  52.2179, revise paragraph (b) and remove and reserve
paragraph (c).
    The revision reads as follows:

Sec.  52.2179  Visibility protection.

* * * * *
    (b) Regulation for visibility monitoring and new source review. The
provisions of Sec.  52.28 are hereby incorporated and made a part of
the applicable plan for the State of South Dakota.
* * * * *

Sec.  52.2304  [Amended]

0
29. In Sec.  52.2304, remove and reserve paragraph (b).
0
30. In Sec.  52.2383, revise paragraph (b) to read as follows:

Sec.  52.2383  Visibility protection.

* * * * *
    (b) Regulations for visibility monitoring and new source review.
The provisions of Sec.  52.27 are hereby incorporated and made part of
the applicable plan for the State of Vermont.

0
31. In Sec.  52.2452, revise paragraph (a) and remove and reserve
paragraphs (b) and (c).
    The revision reads as follows:

Sec.  52.2452  Visibility protection.

    (a) Reasonably Attributable Visibility Impairment. The requirements
of section 169A of the Clean Air Act are not met because the plan does
not include approvable measures for meeting the requirements of 40 CFR
51.305 for protection of visibility in mandatory Class I Federal areas.
* * * * *
0
32. In Sec.  52.2533, revise paragraphs (a) and (b) and remove and
reserve paragraph (c).
    The revisions read as follows:

Sec.  52.2533  Visibility protection.

    (a) Reasonably Attributable Visibility Impairment. The requirements
of section 169A of the Clean Air Act are not met because the plan does
not include approvable measures for meeting the requirements of 40 CFR
51.305 and 51.307 for protection of visibility in mandatory Class I
Federal areas.
    (b) Regulation for visibility monitoring and new source review. The
provisions of Sec.  52.28 are hereby incorporated and made a part of
the applicable plan for the State of West Virginia.
* * * * *

Sec.  52.2781  [Amended]

0
33. In Sec.  52.2781, remove and reserve paragraphs (b) and (c).

[FR Doc. 2016-10228 Filed 5-3-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Rules and Regulations]
[Pages 36053-36055]
[FR Doc No: 2022-12969]

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

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

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

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

Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0683; Project Identifier MCAI-2022-00631-Q;
Amendment 39-22089; AD 2022-13-03]
RIN 2120-AA64

Airworthiness Directives; Cameron Balloons Ltd. Fuel Cylinders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Cameron Balloons Ltd. (Cameron) fuel cylinders installed on hot
air balloons. This AD results from mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI identifies the unsafe condition as cracks in the weld
between the cylinder valve plate and the upper dished end of Cameron
part number (P/N) CB2990 (Alugas) fuel cylinders, which could allow
uncontrolled fuel leakage of liquid propane. This AD requires the
removal of any installed P/N CB2990 (Alugas) fuel cylinder from service
before further flight. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective June 30, 2022.
    The FAA must receive comments on this AD by August 1, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Cameron Balloons Ltd., St Johns Street, Bedminster, Bristol, BS3 4NH,
United Kingdom; phone: +44 0<PHONE_NUMBER>; email:
[email protected]; website: www.cameronballoons.co.uk.
You may view this service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas City,
MO 64106. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0683; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
MCAI, any comments received, and other information. The street address
for the Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aviation Safety Engineer,
FAA, General Aviation & Rotorcraft Section, International Validation
Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone: (816) 329-
4144; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom (UK), has issued CAA Emergency AD G-
2022-0010-E, dated May 12, 2022 (referred to after this as ``the
MCAI''), to address an unsafe condition for certain Cameron fuel
cylinders. The MCAI states:

    Five CB2990 (Alugas) cylinders have developed cracks in the weld
between the cylinder valve plate and the upper dished end. These
cracks allow the release of propane from the cylinder. Failures have
been observed during periodic inspection (hydraulic pressure test)
and leak test. All the in-service failures seen to date have been
from the batch of cylinders with serial numbers starting OC.
    It is likely that other CB2990 cylinders may develop similar
failures in service.
    To address this potential unsafe condition this [UK CAA
Emergency AD] * * * is issued to temporarily withdraw all CB2990
(Alugas) cylinders from service pending investigation of these
failures.
    Cameron Balloons are working urgently with the original
fabricator to determine the cause and scope of these failures.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0683.
    This condition, if not addressed, could lead to fire or explosion
and consequent emergency landing. The FAA is issuing this AD to address
the unsafe condition on these products.

Related Service Information

    The FAA reviewed Cameron Balloons Alert Service Bulletin No. 33,
Revision 0, dated May 4, 2022, which specifies procedures for checking
the interface between the cylinder valve plate and the upper dished end
of fuel cylinders having P/N CB2990 (Alugas) using leak detector fluid
and emptying the fuel.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this AD after
determining the unsafe condition is likely to exist or develop in other
products of the same type design.

AD Requirements

    This AD requires, before further flight, removal from service of
any installed P/N CB2990 (Alugas) fuel cylinder.

Difference Between This AD and the MCAI

    The MCAI applies to hot air balloons and certain airships. This AD
only applies to hot air balloons because the airships identified in the
MCAI do not have an FAA type certificate.
    Although the MCAI specifies inspecting the fuel cylinders for leaks
and emptying the fuel, this AD does not require those actions. While
those actions are encouraged for the general

safety related to the leakage of liquid propane from these fuel
cylinders once they have been removed from the balloon, those actions
are not required to address the unsafe condition identified in this AD.

Interim Action

    The FAA considers this AD to be an interim action. If additional
data is received by the UK CAA enabling the development of an
inspection of the affected fuel cylinders, the FAA may take further
rulemaking action.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because a liquid propane leak on the fuel cylinder could lead to an in-
flight fire or explosion, damaging the hot air balloon and leading to a
forced emergency landing, which could injure balloon occupants and
persons on the ground. Additionally, the corrective actions must be
accomplished before further flight. Accordingly, notice and opportunity
for prior public comment are impracticable and contrary to the public
interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0683 and Project Identifier
MCAI-2022-00631-Q'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Mike
Kiesov, Aviation Safety Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901 Locust, Room 301, Kansas
City, MO 64106. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Regulatory Flexibility Act

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

Costs of Compliance

    The FAA estimates that this AD affects 696 fuel cylinders installed
on hot air balloons worldwide. The FAA has no way of knowing the number
of hot air balloons of U.S. Registry that may have an affected fuel
cylinder installed. The estimated cost on U.S. operators reflects the
maximum possible cost based on fuel cylinders worldwide. The average
labor rate is $85 per work-hour.
    The FAA estimates that removing the affected fuel cylinder will
take 1 work-hour costing $85, for a cost of up to $59,160 for the U.S.
fleet. The FAA estimates that installing a non-affected fuel cylinder
will take 1 work-hour costing $85 and will cost $3,200 per fuel
cylinder, for a cost of up to $2,286,360 for the U.S. fleet.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

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:

2022-13-03 Cameron Balloons Ltd.: Amendment 39-22089; Docket No.
FAA-2022-0683; Project Identifier MCAI-2022-00631-Q.

(a) Effective Date

    This airworthiness directive (AD) is effective June 30, 2022.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to hot air balloons, certificated in any
category, equipped with a Cameron Balloons Ltd. part number (P/N)
CB2990 (Alugas) fuel cylinder (the affected fuel cylinder).
    (2) The affected fuel cylinder may be installed on hot air
balloon models including, but not limited to, those of the following
design approval holders:
    (i) Aerostar International, Inc.;
    (ii) Ballonbau Worner GmbH;
    (iii) Bal[oacute]ny Kub[iacute][ccaron]ek spol. s.r.o.;
    (iv) Cameron Balloons Ltd.;
    (v) Eagle Balloons Corp.;
    (vi) JR Aerosports, Ltd. (type certificate previously held by
Sundance Balloons (US));
    (vii) Lindstrand Balloons Ltd.; and
    (viii) Michael D. McGrath (type certificate subsequently
transferred to Andrew Philip Richardson, Adams Aerostats LLC).

(d) Subject

    Joint Aircraft System Component (JASC) Code 2810, Fuel Storage.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI identifies the unsafe condition as cracks in the
weld between the cylinder valve plate and the upper dished end of
Cameron Balloons Ltd. P/N CB2990 (Alugas) fuel cylinders. The FAA is
issuing this AD to prevent uncontrolled fuel leakage of liquid
propane. The unsafe condition, if not addressed, could lead to fire
or explosion and consequent emergency landing.

(f) Compliance

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

(g) Actions

    Before further flight after the effective date of this AD,
remove the affected fuel cylinder from service.
    Note 1 to paragraph (g): Cameron Balloons Alert Service Bulletin
No. 33, Revision 0, dated May 4, 2022, provides procedures for doing
a leak check and emptying fuel from the Cameron P/N CB2990 (Alugas)
fuel cylinder to render it safe for storage following the removal
from service. These actions are not required by this AD.

(h) Special Flight Permit

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the certification office, send it to the
attention of the person identified in paragraph (j)(1) of this AD
and email to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about this AD, contact Mike Kiesov,
Aviation Safety Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901 Locust, Room 301,
Kansas City, MO 64106; phone:<PHONE_NUMBER>; email:
[email protected].
    (2) Refer to United Kingdom (UK) Civil Aviation Authority (CAA)
Emergency AD G-2022-0010-E, dated May 12, 2022, for more
information. You may examine the UK CAA AD in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2022-0683.
    (3) For service information identified in this AD that is not
incorporated by reference, contact Camron Balloons Ltd., St John
Street, Bedminster, Bristol, BS3 4NH, United Kingdom; phone: +44 0
117 9637216; email: [email protected]; website:
www.cameronballoons.co.uk.

(k) Material Incorporated by Reference

    None.

    Issued on June 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-12969 Filed 6-13-22; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 139 (Thursday, July 21, 2022)]
[Notices]
[Pages 43533-43535]
[FR Doc No: 2022-15523]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-D-0219]

Human Prescription Drug and Biological Products--Labeling for
Dosing Based on Weight or Body Surface Area for Ready-to-Use
Containers--``Dose Banding''; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled ``Human
Prescription Drug and Biological Products--Labeling for Dosing Based on
Weight or Body Surface Area for Ready-to-Use Containers--`Dose
Banding'.'' The guidance is intended to assist applicants in
incorporating dose banding information into the drug

labeling provided in a new drug application (NDA) submitted under the
Federal Food, Drug, and Cosmetic Act (FD&C Act), a biologics license
application (BLA) submitted under the Public Health Service Act (PHS
Act), or a supplement to one of these approved applications when an
applicant proposes to develop ready-to-use containers with a range of
different strengths and seeks to incorporate dose banding information
into the prescribing information of the proposed drug product based on
dosing information of a previously approved drug product that is based
on weight or body surface area (BSA).

DATES: Submit either electronic or written comments on the draft
guidance by September 19, 2022 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2022-D-0219 for ``Human Prescription Drug and Biological Products--
Labeling for Dosing Based on Weight or Body Surface Area for Ready-to-
Use Containers--`Dose Banding'.'' Received comments will be placed in
the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002; or the
Office of Communication, Outreach and Development, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Chris Wheeler, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 3330, Silver Spring, MD 20993-0002, 301-
796-0151; or Stephen Ripley Center for Biologics Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
71, Rm. 7301, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Human Prescription Drug and Biological Products--Labeling
for Dosing Based on Weight or Body Surface Area for Ready-to-Use
Containers--`Dose Banding'.'' This guidance provides recommendations
for incorporating dose banding information into the drug labeling of an
NDA submitted under section 505(b) of the FD&C Act (21 U.S.C. 355(b)),
a BLA submitted under section 351(a) of the PHS Act (42 U.S.C. 262(a)),
or a supplement to one of these approved applications. The
recommendations and examples in this guidance apply when an applicant
(1) proposes to develop ready-to-use containers with a range of
different strengths and (2) seeks to incorporate dose banding
information into the prescribing information of the proposed drug
product based on dosing information of a previously approved drug
product that is based on weight or BSA.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Human
Prescription Drug and Biological Products--Labeling for Dosing Based on
Weight or Body Surface Area for Ready-to-Use

Containers--`Dose Banding'.'' It does not establish any rights for any
person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations.

II. Paperwork Reduction Act of 1995

    While this guidance contains no collection of information, it does
refer to previously approved collections of information. Therefore,
clearance by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521) is not
required for this guidance. The previously approved collections of
information are subject to review by OMB under the PRA. The collections
of information in 21 CFR part 201 have been approved under OMB control
number 0910-0572; the collections of information in 21 CFR part 314
have been approved under OMB control number 0910-0001; and the
collections of information in 21 CFR part 601 have been approved under
OMB control number 0910-0338.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics/biologics-guidances, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.regulations.gov.

    Dated: July 14, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-15523 Filed 7-20-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: December 7, 2005 (Volume 70, Number 234)]
[Notices]
[Page 72817-72818]
[DOCID:fr07de05-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2153-012 California]

United Water Conservation District; Notice of Availability of
Environmental Assessment

November 28, 2005.
    In accordance with the National Environmental Policy Act of 1969,
as amended, and Federal Energy Regulatory Commission's (Commission)
regulations (18 CFR Part 380), Commission staff reviewed the
application for a minor license for the Santa Felicia Hydroelectric
Project and prepared this environmental assessment (EA). The project is
located on Piru Creek in Ventura County, California. The project
occupies 174.5 acres of U.S. land that is administered by the U.S.
Department of Agriculture, Forest Service (Forest Service) in the Los
Padres and Angeles National Forests.
    Specifically, the project licensee, United Water Conservation
District, requested Commission approval of the Santa Felicia Project
for hydroelectric generation purposes. In the EA, Commission staff
analyze the probable environmental effects of relicensing the project
and conclude that approval of the project, with appropriate staff-
recommended environmental measures, would not constitute a major
federal action significantly affecting the quality of the human
environment.
    Copies of the EA are available for review in Public Reference Room
2-A of the Commission's offices at 888 First Street, NE., Washington,
DC. The EA also may be viewed on the Commission's Internet Web site
(http://www.ferc.gov) using the ``eLibrary'' link. Additional

information about the project is available from the Commission's Office
of External Affairs at<PHONE_NUMBER>, or on the Commission's website
using the eLibrary link. For assistance with eLibrary, contact
<EMAIL_ADDRESS>or call toll-free at<PHONE_NUMBER>; for TTY

contact<PHONE_NUMBER>.
    Any comments on the EA should be filed within 45 days of the date
of this notice and should be addressed to Magalie R. Salas, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Please reference ``Santa Felicia Hydroelectric
Project, FERC Project No. 2153-012'' on all comments. Comments may be
filed electronically via the Internet in lieu of paper. The Commission
strongly encourages

electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site under the ``e-Filing'' link.
    Please contact Kenneth Hogan by telephone at<PHONE_NUMBER> or by e-
mail at<EMAIL_ADDRESS>if you have any questions.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6931 Filed 12-6-05; 8:45 am]

BILLING CODE 6717-01-P