[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Notices]
[Pages 41109-41115]
[FR Doc No: 2021-16234]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92506; File No. SR-NYSEArca-2021-65]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change To List and Trade Shares of the Sprott ESG Gold
ETF Under NYSE Arca Rule 8.201-E

July 26, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on July 19, 2021, NYSE Arca, Inc. (``NYSE Arca'' 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\ 15 U.S.C. 78a.
    \3\ 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 list and trade shares of the Sprott ESG
Gold ETF under NYSE Arca Rule 8.201-E. 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to list and trade shares (``Shares'') of the
Sprott ESG Gold ETF (the ``Trust''), under NYSE Arca Rule 8.201-E.\4\
Under NYSE Arca Rule 8.201-E, the Exchange may propose to list and/or
trade Commodity-Based Trust Shares pursuant to unlisted trading
privileges (``UTP'').\5\
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    \4\ On February 11, 2021, the Trust submitted to the Commission
its draft registration statement on Form S-1 under the Securities
Act of 1933 (15 U.S.C. 77a) (``Securities Act'') and on July 1,
2021, the Trust submitted to the Commission the most recent
amendment to its draft registration statement (collectively, the
``Registration Statement''). The Jumpstart Our Business Startups
Act, enacted on April 5, 2012, added Section 6(e) to the Securities
Act. Section 6(e) of the Securities Act provides that an ``emerging
growth company'' may confidentially submit to the Commission a draft
registration statement for confidential, non-public review by the
Commission staff prior to public filing, provided that the initial
confidential submission and all amendments thereto shall be publicly
filed not later than 21 days before the date on which the issuer
conducts a road show, as such term is defined in Securities Act Rule
433(h)(4). An emerging growth company is defined in Section 2(a)(19)
of the Securities Act as an issuer with less than $1,070,000,000
total annual gross revenues during its most recently completed
fiscal year. The Trust meets the definition of an emerging growth
company and consequently has submitted its Form S-1 Registration
Statement on a confidential basis with the Commission. The
Registration Statement in not yet effective and the Shares will not
trade on the Exchange until such time that the Registration
Statement is effective.
    \5\ Commodity-Based Trust Shares are securities issued by a
trust that represent investors' discrete identifiable and undivided
beneficial ownership interest in the commodities deposited into the
Trust.
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    The Trust will not be registered as an investment company under the
Investment Company Act of 1940, as amended,\6\ and is not required to
register under such act. The Trust is not a commodity pool for purposes
of the Commodity Exchange Act, as amended.\7\
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    \6\ 15 U.S.C. 80a-1.
    \7\ 17 U.S.C. 1.
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    The Sponsor of the Trust is Sprott Asset Management LP, a Canadian
limited partnership. The Bank of New York Mellon serves as the Trust's
administrator (the ``Administrator'') and transfer agent (the
``Transfer Agent''). The Delaware Trust Company is the trustee of the
Trust (the ``Trustee'').\8\ The Royal Canadian Mint is the custodian of
the Trust's gold (the ``Gold Custodian'' or ``Mint'').\9\ The Bank of
New York Mellon will also serve as the Trust's cash custodian (the
``Cash Custodian'') pursuant to the terms of the agreement between the
Trust and the Cash Custodian (the ``Cash Custody Agreement''). In its
capacity as cash custodian, the Cash Custodian will maintain a
custodial account that holds cash for the benefit of the Trust for the
purpose of payment of the Sponsor's fee in cash or the other expenses
of the Trust.
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    \8\ The Trustee is a fiduciary under the Trust Agreement and
must satisfy the requirements of Section 3807 of the Delaware
Statutory Trust Act. However, the fiduciary duties, responsibilities
and liabilities of the Trustee are limited by, and are only those
specifically set forth in, the Trust Agreement. The Trust does not
have a Board of Directors or persons acting in a similar capacity.
    \9\ The Mint operates pursuant to the Royal Canadian Mint Act
(Canada) and is a Canadian Crown corporation. Crown corporations are
corporations wholly-owned by the Government of Canada. The Mint is,
for all its purposes, an agent of Her Majesty in right of Canada
and, as such, its obligations generally constitute unconditional
obligations of the Government of Canada. The Gold Custodian is
responsible for safekeeping the gold owned by the Trust pursuant to
gold storage and custody agreements. The Gold Custodian will hold
gold for the account of the Trust on an allocated basis (the ``Trust
Allocated Account''), except where gold is temporarily held in an
unallocated account (the ``Trust Unallocated Account''). The Sponsor
may cause the Trust to engage unaffiliated gold brokers to transfer
unallocated gold between the Trust's custody accounts maintained for
the benefit of the Trust by the Gold Custodian in Ottawa, Canada and
London, United Kingdom where it can be delivered to a redeeming
Authorized Participant (as defined below) if additional unallocated
gold is needed by the Trust to satisfy the redeeming Authorized
Participant's redemption request. The Gold Custodian is responsible
for allocating specific bars of gold to the Trust Allocated Account.
The Gold Custodian will provide the Trust with regular reports
detailing the gold transfers in and out of the Trust Unallocated
Account with the Gold Custodian and identifying the gold bars held
in the Trust Allocated Account.
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    The Commission has previously approved listing on the Exchange
under NYSE Arca Rules 5.2-E(j)(5) and 8.201-E of other precious metals
and gold-based commodity trusts, including the GraniteShares Gold
MiniBAR Trust; \10\ the GraniteShares Gold Trust; \11\ the

Merk Gold Trust; \12\ the APMEX Physical-1 oz. Gold Redeemable Trust;
\13\ and the Long Dollar Gold Trust.\14\
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    \10\ Securities Exchange Act Release No. 84257 (September 21,
2018), 83 FR 48877 (September 27, 2018) (SR-NYSEArca-2018-55).
    \11\ Securities Exchange Act Release No. 81077 (July 5, 2017),
82 FR 32024 (July 11, 2017) (SR-NYSEArca-2017-55).
    \12\ Securities Exchange Act Release No. 71378 (January 23,
2014), 79 FR 4786 (January 29, 2014) (SR-NYSEArca-2013-137).
    \13\ Securities Exchange Act Release No 66930 (May 7, 2012), 77
FR 27817 (May 11, 2012) (SR-NYSEArca-2012-18).
    \14\ See Securities Exchange Act Release No. 79518 (December 9,
2016), 81 FR 90876 (December 15, 2016) (SR-NYSEArca-2016-84) (order
approving listing and trading of shares of the Long Dollar Gold
Trust).
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    The Exchange represents that the Shares will satisfy the
requirements of NYSE Arca Rule 8.201-E and thereby qualify for listing
on the Exchange.\15\
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    \15\ With respect to the application of Rule 10A-3 (17 CFR
240.10A-3) under the Act, the Trust relies on the exemption
contained in Rule 10A-3(c)(7).
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Operation of the Trust \16\
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    \16\ The description of the operation of the Trust, the Shares
and the gold market contained herein are based, in part, on the
Registration Statement. See note 4, supra.
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    The investment objective of the Trust will be for the Shares to
reflect the performance of the price of gold, less the Trust's expenses
and liabilities. The Trust will issue Shares which represent units of
fractional undivided beneficial interest in and ownership of the Trust.
    The Trust's assets are expected to consist primarily of fully
allocated unencumbered physical gold bullion held by the Mint on behalf
of the Trust that meets certain environmental, social and governance
(``ESG'') standards and criteria established by the Sponsor (``ESG
Approved Gold''), and will also include unallocated unencumbered
physical gold bullion held by the Mint on behalf of the Trust and cash.
    The Trust does not intend to hold a certain amount of gold in
unallocated form to satisfy redemption requests or to pay expenses, but
the Trust expects to hold some amount of unallocated gold at any given
point in time. The Trust's holdings of unallocated gold may be a
significant percentage of the Trust's assets if, for example, the Trust
has received more requests for creations than redemptions or the
Trust's unallocated gold holdings are not sufficient to meet certain
minimum size requirements to convert unallocated gold to ESG Approved
Gold at the Mint. The Trust may need to instruct the Mint to convert
ESG Approved Gold into unallocated gold if insufficient unallocated
gold is available to be sold to pay expenses or to meet redemption
requests. The Mint will exchange ESG Approved Gold for an equal amount
of unallocated gold upon the receipt of proper instructions from the
Sponsor.
    The ESG standards and criteria used by the Sponsor (the ``ESG
Criteria'') are designed to provide investors with an enhanced level of
ESG scrutiny along with disclosure of the provenance of the metal
sourced, and include an evaluation of mining companies and mines.\17\
Mining companies and mines that meet the ESG Criteria (``ESG Approved
Mining Companies'' and ``ESG Approved Mines'', respectively) must also
comply with the Mint Responsible Sourcing Requirements. An overview of
the Sponsor's application of the ESG Criteria to mining companies and
mines that can provide the material for ESG Approved Gold is provided
below.\18\
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    \17\ The ESG Criteria are anticipated to evolve over time at the
discretion of the Sponsor. Also, one or more criterion may not be
relevant with respect to all sources of gold that are eligible for
investment. Factors that could be considered by the Sponsor in
modifying the ESG Criteria include changes to current gold mining
techniques or standards, evolving legal standards, the introduction
of new standards or evaluation frameworks within the mining industry
or the elimination of existing standards or frameworks that in the
view of the Sponsor are relevant to the ESG assessment of a mining
company or mine site.
    \18\ The ESG Criteria and the Sponsor's application of the ESG
Criteria are disclosed in the Registration Statement.
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    The application of the ESG Criteria involves multiple levels of
analysis. While the Sponsor's evaluation of mines and mining companies
will include the objective factors discussed below, the Sponsor will
also evaluate company reports and, where possible, interview key
personnel to assess whether such a mining company or mine meets the ESG
Criteria, which will require the subjective judgment of the Sponsor.
The selection of these factors and how they are applied will be based,
at least to some degree, on the judgment of the Sponsor and may or may
not be consistent with current or future standards used by others in
the industry. The ESG Criteria is subject to change by the Sponsor in
its sole discretion.
    The ESG Criteria are in addition to those used in the London
Bullion Market Association's (``LBMA'') Responsible Sourcing Program,
as detailed in the LBMA's Responsible Gold Guidance, and are designed
to provide investors with an enhanced level of ESG scrutiny along with
disclosure of the provenance of the metal sourced. The Mint currently
requires that its refining customers, including mines, meet the
requirements outlined in the OECD Due Diligence Guidance for
Responsible Supply Chains of Minerals from Conflict-Affected and High-
Risk Areas, the LBMA Responsible Gold Guidance, the Mint's Responsible
Metals Program and the Mint's Anti-Money Laundering and Anti-Terrorist
Financing Program in compliance with the Proceeds of Crime (Money
Laundering) and Terrorist Financing Act (Canada) (collectively, the
``Mint Responsible Sourcing Requirements''). Only mines which the Mint
determines meet and maintain the Mint Responsible Sourcing Requirements
and with whom the Mint has a contractual refining relationship (each a
``Mint Approved Mine'', collectively the ``Mint Approved Mines'') will
be eligible for consideration by the Sponsor as a provider of ESG
Approved Gold. The Mint will cease refining gold from any Mint Approved
Mine that no longer meets the Mint Responsible Sourcing Requirements,
as determined by the Mint from time to time.
    The ESG factors used for the ESG assessment of mines and miners
generally will encompass the following factors:

 Environmental Factors
    [cir] Energy use and greenhouse gas emissions
    [cir] Tailings and waste management
    [cir] Conservation and water management
    [cir] Mine site remediation
 Social Factors
    [cir] Worker safety and health
    [cir] Community relations
    [cir] Natural resource benefit to local communities
    [cir] Child and forced labor
 Governance Factors
    [cir] Corporate governance
    [cir] Workplace and gender diversity
    [cir] Fair executive compensation
    [cir] Corporate transparency and disclosures

    Mining companies that qualify for the LBMA's Responsible Sourcing
Program and are Mint Approved Mines will then be subject to two levels
of ESG screening by the Sponsor: At the overall company level and at
the individual mine site level.
    First, the Sponsor will evaluate a mining company using ESG factors
determined by the Sponsor (described above). This evaluation will use a
number of tools, which include ratings from third-party research
providers, such as Sustainalytics ESG Risk Ratings, along with sell-
side equity research reports. With respect to corporate governance, the
Sponsor will evaluate recommendations from proxy voting research
providers, such as the Glass Lewis Proxy Review. The Sponsor will also
use compliance with precious metals industry standards as an objective
factor in its evaluation of

mining companies. Each mining company with high ESG ratings and
favorable recommendations from proxy voting research providers that
complies with precious metals industry standards will be designated as
an ESG Approved Mining Company.
    Second, the Sponsor will evaluate individual mine site locations of
each ESG Approved Mining Company. Each mine location of an ESG Approved
Mining Company will then be evaluated by the Sponsor as follows: (1)
The performance of each mine against various indicators in the Mining
Association of Canada's Towards Sustainable Mining standards; (2) using
the ESG factors described above; and (3) whether such mine is in a
heightened risk or conflict area. Each mining location of that ESG
Approved Mining Company that (a) the Sponsor determines to meet the
Mining Association of Canada's Towards Sustainable Mining standards and
the ESG factors, and (b) is not in a heightened risk or conflict area
will be designated as an ESG Approved Mine. Only ESG Approved Mines
will be permitted to supply the raw material for ESG Approved Gold to
the Mint, which will then refine the raw material to create ESG
Approved Gold for the Trust. This means that the provenance of ESG
Approved Gold will be known to the Trust.
    Heightened risk or conflict areas include areas where:
     Human rights abuses, forced or child labor, war crimes or
genocide are prevalent;
     mines are involved in direct or indirect support to non-
state actors that use arms without legal authority;
     mines transport gold or supplies along routes that involve
payment of illegal taxes or extortions; and
     mines are involved in money laundering or terrorism
financing.
    The Sponsor will be responsible for any costs associated with
researching, establishing and maintaining the ESG Criteria, assessing
mining companies and mines against certain of the ESG Criteria and the
diligence of the Trust's ESG Approved Gold Holdings. The Sponsor will
conduct research on each mining company using its in-house investment
professionals, and may use the services of outside consultants.
    The Trust will not trade in gold futures, options or swap contracts
on any futures exchange or over the counter (``OTC''). The Trust will
not hold or trade in commodity futures contracts, ``commodity
interests'', or any other instruments regulated by the Commodity
Exchange Act. The Trust's Cash Custodian may hold cash temporarily
received from the sale of gold. The Trust's assets will only consist of
ESG Approved Gold, unallocated gold and cash.
    The Shares are intended to constitute a simple and cost-effective
means of making an investment similar to an investment in gold bullion
that meets the ESG Criteria. Although the Shares are not the exact
equivalent of an investment in gold, they provide investors with an
alternative that allows a level of participation in the gold market
through the securities market. The Shares are not a proxy for investing
in gold.
Operation of the Gold Market
    The global trade in gold consists of OTC transactions in spot,
forwards, and options and other derivatives, together with exchange-
traded futures and options. The ESG Criteria and the processes and
methods for refining and using ESG Approved Gold for the Trust's
operations have been developed by the Sponsor specifically for the
Trust, and thus no ESG Approved Gold that meets the ESG Criteria has
been produced. Therefore, there have been no market transactions in ESG
Approved Gold. The Trust is not aware of a separate market for ESG
Approved Gold and does not believe that one will develop. ESG Approved
Gold will be a subset of allocated gold bullion that is already
currently refined by the Mint for its customers.
    The OTC gold market includes spot, forward, and option and other
derivative transactions conducted on a principal-to-principal basis.
While this is a global, nearly 24-hour per day market, its main centers
are London, New York, and Zurich.
    According to the Registration Statement, most OTC market trades are
cleared through London. The LBMA plays an important role in setting OTC
gold trading industry standards. A London Good Delivery Bar (as
described below), which is acceptable for settlement of any OTC
transaction, will be acceptable for delivery to the Trust in connection
with the issuance of Creation Units (defined below).
    The most significant gold futures exchange in the U.S. is COMEX,
operated by Commodities Exchange, Inc., a subsidiary of New York
Mercantile Exchange, Inc., and a subsidiary of the Chicago Mercantile
Exchange Group (the ``CME Group''). Other commodity exchanges include
the Tokyo Commodity Exchange (``TOCOM''), the Multi Commodity Exchange
Of India (``MCX''), the Shanghai Futures Exchange, ICE Futures US (the
``ICE''), and the Dubai Gold & Commodities Exchange. The CME Group and
ICE are members of the Intermarket Surveillance Group (``ISG'').
The London Gold Bullion Market
    According to the Registration Statement, most trading in physical
gold is conducted on the OTC market, predominantly in London. LBMA
coordinates various OTC-market activities, including clearing and
vaulting, acts as the principal intermediary between physical gold
market participants and the relevant regulators, promotes good trading
practices and develops standard market documentation. In addition, the
LBMA promotes refining standards for the gold market by maintaining the
``London Good Delivery List,'' which identifies refiners of gold that
have been approved by the LBMA. In the OTC market, gold bars that meet
the specifications for weight, dimensions, fineness (or purity),
identifying marks (including the assay stamp of an LBMA-acceptable
refiner) and appearance described in ``The Good Delivery Rules for Gold
and Silver Bars'' published by the LBMA are referred to as ``London
Good Delivery Bars.'' A London Good Delivery Bar (typically called a
``400 ounce bar'') must contain between 350 and 430 fine troy ounces of
gold (1 troy ounce = 31.1034768 grams), with a minimum fineness (or
purity) of 995 parts per 1000 (99.5%), be of good appearance and be
easy to handle and stack. The fine gold content of a gold bar is
calculated by multiplying the gross weight of the bar (expressed in
units of 0.025 troy ounces) by the fineness of the bar. A London Good
Delivery Bar must also bear the stamp of one of the refiners identified
on the London Good Delivery List.
    Following the enactment of the Financial Markets Act 2012, the
Prudential Regulation Authority of the Bank of England is responsible
for regulating most of the financial firms that are active in the
bullion market, and the Financial Conduct Authority is responsible for
consumer and competition issues. Trading in spot, forwards and
wholesale deposits in the bullion market is subject to the Non-
Investment Products (``NIPS'') Code adopted by market participants.
Creation and Redemption of Shares
    The Trust will create and redeem Shares on a continuous basis in
one or more blocks of 25,000 Shares (a block of 25,000 Shares is called
a ``Creation Unit''). As described below, the Trust will issue Shares
in Creation Units to certain authorized participants (``Authorized
Participants'') on an ongoing basis.

    Creation Units may be created or redeemed only by Authorized
Participants. Orders must be placed by 3:59 p.m. Eastern Time
(``E.T.''). The day on which a Trust receives a valid purchase or
redemption order is the order date. In connection with creations and
redemptions of Creation Units, Authorized Participants will be required
to deliver or receive unallocated gold to or from the Trust, as
applicable. An Authorized Participant will be required to enter into a
trading agreement with the Mint for purposes of facilitating transfers
of unallocated gold between the Trust and the Authorized Participant.
    Unallocated gold received from Authorized Participants will be
converted into ESG Approved Gold by the Mint. The Mint will convert
unallocated gold into ESG Approved Gold after receipt of a completed
withdrawal request form from the Sponsor to withdraw an amount of
unallocated gold from the Trust Unallocated Account and deposit ESG
Approved Gold into the Trust Allocated Account.
    The Trust will redeem Shares using unallocated gold. To the extent
that the Trust's existing holdings of unallocated gold are insufficient
to meet a redemption request, the Trust will be required to request
that the Mint convert ESG Approved Gold to unallocated gold, which may
result in delays in the Trust's ability to meet redemption requests
from Authorized Participants. The Mint will exchange ESG Approved Gold
for an equal amount of unallocated gold upon the receipt of proper
instructions from the Sponsor. The Mint will issue a confirmation of a
completed exchange to the Sponsor by facsimile or by email on the
business day that the exchange is completed.
    The Mint expects that it will be able to refine and produce ESG
Approved Gold within approximately five business days following the
receipt of completed withdrawal request, subject to production
capacity, availability and minimum size requirements. The business day
on which the physical withdrawal is to occur will be confirmed to the
Sponsor in writing by the Mint. A receipt of deposit will be issued to
the Sponsor by facsimile or by email on the business day the production
of all ESG Approved Gold underlying a withdrawal request form is
completed.
    Creation Units are only issued or redeemed on a day that the
Exchange is open for regular trading in an amount of gold determined by
the Administrator. Because ESG Approved Gold can be sourced by the Mint
only from a limited number of suppliers, from time-to-time, on a
temporary basis until additional ESG Approved Gold can be refined by
the Mint, the Trust will hold gold in unallocated form. No Shares will
be issued unless the Mint has allocated to the Trust Unallocated
Account the corresponding amount of unallocated gold from the
Authorized Participant's account.
    Each Authorized Participant must be a registered broker-dealer, a
participant in Depository Trust Corporation (``DTC''), have entered
into an agreement with the Trustee (the ``Authorized Participant
Agreement'') and be in a position to deliver or receive to or from the
Trust, as applicable, an amount of gold that is at least equal to the
aggregate NAV of the number of Creation Units that are part of a
purchase order or redemption order, as the case may be.
    According to the Registration Statement, Authorized Participants
may surrender Creation Units in exchange for the corresponding amount
of unallocated gold announced by the Transfer Agent. Upon the surrender
of such Shares and the payment of the Transfer Agent's applicable fee
and of any expenses, taxes or charges, the Transfer Agent will deliver
to the order of the redeeming Authorized Participant the amount of
unallocated gold corresponding to the redeemed Creation Units. Shares
can only be surrendered for redemption in Creation Units of 25,000
Shares each.
    Before surrendering Creation Units for redemption, an Authorized
Participant must deliver to the Trustee a written request indicating
the number of Creation Units it intends to redeem. The date the Trustee
receives that order determines the amount of unallocated gold to be
received in exchange. However, orders received by the Trustee after
3:59 p.m. Eastern Time (``E.T.'') will be rejected.
    The redemption distribution from the Trust will consist of a credit
to the redeeming Authorized Participant's unallocated account
representing the amount of the gold held by the Trust evidenced by the
Shares being redeemed as of the date of the redemption order.
Net Asset Value
    The NAV of the Trust will be calculated by subtracting the Trust's
expenses and liabilities on any day from the value of the gold and
other assets owned by the Trust on that day; the NAV per Share will be
obtained by dividing the NAV of the Trust on a given day by the number
of Shares outstanding on that day. On each day on which the Exchange is
open for regular trading, the Administrator will determine the NAV as
promptly as practicable after 4:00 p.m. E.T. The Administrator will
value the Trust's gold on the basis of LBMA Gold Price PM or LBMA Gold
Price AM. If the Sponsor deems it necessary, the Sponsor and the
Administrator may agree to use a widely recognized pricing service for
purposes of ascertaining the price of gold to use when calculating the
NAV. The NAV per Share will be calculated by taking the current price
of the Trust's total assets, subtracting any liabilities, and dividing
by the total number of Shares outstanding.
    Authorized Participants will not receive from the Sponsor, the
Trust or any affiliates any fee or other compensation in connection
with the offering of the Shares.
Availability of Information Regarding Gold
    Currently, the Consolidated Tape Plan does not provide for
dissemination of the spot price of a commodity such as gold over the
Consolidated Tape. However, there will be disseminated over the
Consolidated Tape the last sale price for the Shares, as is the case
for all equity securities traded on the Exchange (including exchange-
traded funds). In addition, there is a considerable amount of
information about gold and gold markets available on public websites
and through professional and subscription services.
    Investors may obtain gold pricing information on a 24-hour basis
based on the spot price for an ounce of Gold from various financial
information service providers, such as Reuters and Bloomberg.
    Reuters and Bloomberg, for example, provide at no charge on their
websites delayed information regarding the spot price of Gold and last
sale prices of Gold futures, as well as information about news and
developments in the gold market. Reuters and Bloomberg also offer a
professional service to subscribers for a fee that provides information
on Gold prices directly from market participants. Complete real-time
data for Gold futures and options prices traded on the COMEX are
available by subscription from Reuters and Bloomberg. There are a
variety of other public websites providing information on gold, ranging
from those specializing in precious metals to sites maintained by major
newspapers. In addition, the LBMA Gold Price is publicly available at
no charge at www.lbma.org.uk.

Availability of Information
    The intraday indicative value (``IIV'') per Share for the Shares
will be disseminated by one or more major market data vendors. The IIV
will be calculated based on the amount of gold held by the Trust and a
price of gold derived from updated bids and offers indicative of the
spot price of gold.\19\
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    \19\ The IIV on a per Share basis disseminated during the Core
Trading Session should not be viewed as a real-time update of the
NAV, which is calculated once a day.
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    The website for the Trust (https://sprott.com/investment-strategies/physical-bullion-trusts) will contain the following
information, on a per Share basis, for the Trust: (a) The mid-point of
the bid-ask price \20\ at the close of trading (``Bid/Ask Price''), and
a calculation of the premium or discount of such price against such
NAV; and (b) data in chart format displaying the frequency distribution
of discounts and premiums of the Bid/Ask Price against the NAV, within
appropriate ranges, for each of the four previous calendar quarters.
The website for the Trust will also provide the Trust's prospectus.
Finally, the Trust's website will be updated once daily to provide the
last sale price of the Shares as traded in the U.S. market at the end
of regular trading. In addition, information regarding market price and
trading volume of the Shares will be continually available on a real-
time basis throughout the day on brokers' computer screens and other
electronic services. Information regarding the previous day's closing
price and trading volume information for the Shares will be published
daily in the financial section of newspapers.
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    \20\ The bid-ask price of the Shares will be determined using
the highest bid and lowest offer on the Consolidated Tape as of the
time of calculation of the closing day NAV.
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    The Trust will maintain, on its website, current lists of the ESG
Criteria, and ESG Approved Mines and ESG Approved Mining Companies from
which the Trust sources its ESG Approved Gold. The Trust anticipates
that ESG Approved Mines and ESG Approved Mining Companies may be added
or removed from such lists over time based on, among other things,
whether such ESG Approved Mines and ESG Approved Mining Companies meet
the evolving ESG Criteria and whether they are Mint Approved Mines. The
Trust will update the information on its website promptly after any
change to the ESG Criteria, ESG Approved Mines or ESG Approved Mining
Companies.
Criteria for Initial and Continued Listing
    The Trust will be subject to the criteria in NYSE Arca Rule 8.201-
E(e) for initial and continued listing of the Shares.
    A minimum of two Creation Units or 50,000 Shares will be required
to be outstanding at the start of trading, which is equivalent to
10,000 fine ounces of gold or about $18,550,000 as of June 14, 2021.
The Exchange believes that the anticipated minimum number of Shares
outstanding at the start of trading is sufficient to provide adequate
market liquidity.
Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Trust subject to the Exchange's existing rules
governing the trading of equity securities. Trading in the Shares on
the Exchange will occur in accordance with NYSE Arca Rule 7.34-E(a).
The Exchange has appropriate rules to facilitate transactions in the
Shares during all trading sessions. As provided in NYSE Arca Rule 7.6-
E, Commentary .03, the minimum price variation (``MPV'') for quoting
and entry of orders in equity securities traded on the NYSE Arca
Marketplace is $0.01, with the exception of securities that are priced
less than $1.00 for which the MPV for order entry is $0.0001.
    Further, NYSE Arca Rule 8.201-E sets forth certain restrictions on
ETP Holders acting as registered Market Makers in the Shares to
facilitate surveillance. Under NYSE Arca Rule 8.201-E(g), an ETP Holder
acting as a registered Market Maker in the Shares is required to
provide the Exchange with information relating to its trading in the
underlying gold, any related futures or options on futures, or any
other related derivatives. Commentary .04 of NYSE Arca Rule 6.3-E
requires an ETP Holder acting as a registered Market Maker, and its
affiliates, in the Shares to establish, maintain and enforce written
policies and procedures reasonably designed to prevent the misuse of
any material nonpublic information with respect to such products, any
components of the related products, any physical asset or commodity
underlying the product, applicable currencies, underlying indexes,
related futures or options on futures, and any related derivative
instruments (including the Shares).
    As a general matter, the Exchange has regulatory jurisdiction over
its ETP Holders and their associated persons, which include any person
or entity controlling an ETP Holder. To the extent the Exchange may be
found to lack jurisdiction over a subsidiary or affiliate of an ETP
Holder that does business only in commodities or futures contracts, the
Exchange could obtain information regarding the activities of such
subsidiary or affiliate through surveillance sharing agreements with
regulatory organizations of which such subsidiary or affiliate is a
member.
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading on the Exchange in the Shares may be
halted because of market conditions or for reasons that, in the view of
the Exchange, make trading in the Shares inadvisable. These may
include: (1) The extent to which conditions in the underlying gold
market have caused disruptions and/or lack of trading, or (2) whether
other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present. In addition,
trading in Shares will be subject to trading halts caused by
extraordinary market volatility pursuant to the Exchange's ``circuit
breaker'' rule.\21\ The Exchange will halt trading in the Shares if the
NAV of the Trust is not calculated or disseminated daily. The Exchange
may halt trading during the day in which an interruption occurs to the
dissemination of the IIV, as described above. If the interruption to
the dissemination of the IIV persists past the trading day in which it
occurs, the Exchange will halt trading no later than the beginning of
the trading day following the interruption.
---------------------------------------------------------------------------

    \21\ See NYSE Arca Rule 7.12-E.
---------------------------------------------------------------------------

Surveillance
    The Exchange represents that trading in the Shares will be subject
to the existing trading surveillances administered by the Exchange, as
well as cross-market surveillances administered by the Financial
Industry Regulatory Authority (``FINRA'') on behalf of the Exchange,
which are designed to detect violations of Exchange rules and
applicable federal securities laws.\22\ The Exchange represents that
these procedures are adequate to properly monitor Exchange trading of
the Shares in all trading sessions and to deter and detect violations
of Exchange rules and federal securities laws applicable to trading on
the Exchange.
---------------------------------------------------------------------------

    \22\ FINRA conducts cross-market surveillances on behalf of the
Exchange pursuant to a regulatory services agreement. The Exchange
is responsible for FINRA's performance under this regulatory
services agreement.
---------------------------------------------------------------------------

    The surveillances referred to above generally focus on detecting
securities trading outside their normal patterns,

which could be indicative of manipulative or other violative activity.
When such situations are detected, surveillance analysis follows and
investigations are opened, where appropriate, to review the behavior of
all relevant parties for all relevant trading violations.
    The Exchange or FINRA, on behalf of the Exchange, or both, will
communicate as needed regarding trading in the Shares with other
markets and other entities that are members of the ISG, and the
Exchange or FINRA, on behalf of the Exchange, or both, may obtain
trading information regarding trading in the Shares from such markets
and other entities. In addition, the Exchange may obtain information
regarding trading in the Shares from markets and other entities that
are members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement.\23\
---------------------------------------------------------------------------

    \23\ For a list of the current members of ISG, see
www.isgportal.org.
---------------------------------------------------------------------------

    Also, pursuant to NYSE Arca Rule 8.201-E(g), the Exchange is able
to obtain information regarding trading in the Shares and the
underlying gold through ETP Holders acting as registered Market Makers,
in connection with such ETP Holders' proprietary or customer trades
through ETP Holders which they effect on any relevant market.
    In addition, the Exchange also has a general policy prohibiting the
improper distribution of material, non-public information by its
employees.
    All statements and representations made in this filing regarding
(a) the description of the portfolio, (b) limitations on portfolio
holdings or reference assets, or (c) the applicability of Exchange
listing rules specified in this rule filing shall constitute continued
listing requirements for listing the Shares of the Trust on the
Exchange.
    The issuer has represented to the Exchange that it will advise the
Exchange of any failure by the Trust to comply with the continued
listing requirements, and, pursuant to its obligations under Section
19(g)(1) of the Act, the Exchange will monitor for compliance with the
continued listing requirements. If the Trust is not in compliance with
the applicable listing requirements, the Exchange will commence
delisting procedures under NYSE Arca Rule 5.5-E(m).
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \24\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares will be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in NYSE Arca Rule 8.201-E. The
Exchange has in place surveillance procedures that are adequate to
properly monitor trading in the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable federal
securities laws. The Exchange may obtain information via ISG from other
exchanges that are members of ISG or with which the Exchange has
entered into a comprehensive surveillance sharing agreement.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that there is a considerable amount of gold price and gold market
information available on public websites and through professional and
subscription services. Investors may obtain on a 24-hour basis gold
pricing information based on the spot price for an ounce of gold from
various financial information service providers. Investors may obtain
gold pricing information based on the spot price for an ounce of gold
from various financial information service providers. Current spot
prices also are generally available with bid/ask spreads from gold
bullion dealers. In addition, the Trust's website will provide pricing
information for gold spot prices and the Shares. Market prices for the
Shares will be available from a variety of sources including brokerage
firms, information websites and other information service providers.
The NAV of the Trust will be published by the Sponsor on each day that
the NYSE Arca is open for regular trading and will be posted on the
Trust's website. The IIV relating to the Shares will be widely
disseminated by one or more major market data vendors at least every 15
seconds during the Core Trading Session. In addition, the LBMA Gold
Price is publicly available at no charge at www.lbma.org.uk. The
Trust's website will also provide the Trust's prospectus, as well as
the two most recent reports to stockholders, and lists of the Trust's
ESG Criteria, ESG Approved Mines and ESG Approved Mining Companies from
which the Trust will source its ESG Approved Gold. In addition,
information regarding market price and trading volume of the Shares
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services. Information
regarding the previous day's closing price and trading volume
information for the Shares will be published daily in the financial
section of newspapers.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of
an additional type of exchange-traded product that will enhance
competition among market participants, to the benefit of investors and
the marketplace. As noted above, the Exchange has in place surveillance
procedures relating to trading in the Shares and may obtain information
via ISG from other exchanges that are members of ISG or with which the
Exchange has entered into a comprehensive surveillance sharing
agreement. In addition, as noted above, investors will have ready
access to information regarding gold pricing.

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. The Exchange believes the
proposed rule change will enhance competition by accommodating Exchange
trading of an additional exchange-traded product relating to physical
gold.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or

    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2021-65 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-NYSEArca-2021-65. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2021-65 and should be submitted
on or before August 20, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-16234 Filed 7-29-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 22, 2006 (Volume 71, Number 55)]
[Notices]
[Page 14507-14508]
[DOCID:fr22mr06-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

March 15, 2006.
    Take notice that the Commission received the following electric
rate filings.
    Docket Numbers: ER96-1551-014; ER01-615-010; EL05-2-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Co of New Mexico submits an amendment
to its July 15, 2005 compliance filing and requests FERC to consider
the information submitted as further evidence that PNM lacks generation
market power etc.
    Filed Date: March 10, 2006.
    Accession Number: 20060314-0015.
    Comment Date: 5 p.m. Eastern Time on Friday, March 31, 2006.

    Docket Numbers: ER03-447-004.
    Applicants: Black Oak Energy, LLC.
    Description: Black Oak Energy LLC submits an amendment to its
triennial updated market analysis filed on February 13, 2006.
    Filed Date: March 9, 2006.
    Accession Number: 20060310-0182.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 30, 2006.

    Docket Numbers: ER06-464-001.
    Applicants: Highlands Energy Group LLC.
    Description: Highlands Energy Group LLC submits a petition for
acceptance of initial rate schedule, waivers and blanket authority.
Highland also amended its filing on March 10, 2006, including a revised
tariff per the Commission's request.
    Filed Date: March 8, 2006.
    Accession Number: 20060313-0130.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 29, 2006.

    Docket Numbers: ER06-710-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits
revisions to its open access transmission tariff & market
administration and control area services tariff to allow three
additional forms of credit support etc.
    Filed Date: March 8, 2006.
    Accession Number: 20060315-0019.
    Comment Date: 5 p.m. Eastern Time on Wednesday, March 29, 2006.

    Docket Numbers: ER06-711-000.
    Applicants: Hunlock Creek Energy Ventures.
    Description: Hunlock Creek Energy Ventures submits a Notice of

Cancellation of its market-based rate tariff, currently designated as
FERC Electric Tariff, Original Volume 1.
    Filed Date: March 9, 2006.
    Accession Number: 20060315-0018.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 30, 2006.

    Docket Numbers: ER06-712-000.
    Applicants: Allegheny Energy Supply Hunlock Creek, LLC.
    Description: Allegheny Energy Supply Hunlock Creek, LLC submits its
notice of cancellation of its market-based rate tariff, designated as
FERC Electric Tariff, Original Volume 1, to be effective March 1, 2006.
    Filed Date: March 9, 2006.
    Accession Number: 20060315-0017.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 30, 2006.

    Docket Numbers: ER06-713-000.
    Applicants: Weyerhaeuser Company.
    Description: Weyerhaeuser Co submits its petition for market-based
rate authority, acceptance of initial rate schedule, waivers and
blanket authority, Rate Schedule No. 1.
    Filed Date: March 9, 2006.
    Accession Number: 20060315-0016.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 30, 2006.

    Docket Numbers: ER06-715-000.
    Applicants: Community Energy, Inc.
    Description: Community Energy, Inc submits a Notice of Cancellation
of its Rate Schedule 1.
    Filed Date: March 10, 2006.
    Accession Number: 20060315-0008.
    Comment Date: 5 p.m. Eastern Time on Friday, March 31, 2006.

    Docket Numbers: ER06-718-000.
    Applicants: Central Hudson Gas & Electric Corporation.
    Description: Central Hudson Gas & Electric Corp submits an executed
interconnection agreement with the City of New York respecting the
continued interconnection of the Neversink Generating Station to its
transmission system.
    Filed Date: March 10, 2006.
    Accession Number: 20060315-0003.
    Comment Date: 5 p.m. Eastern Time on Friday, March 31, 2006.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-4136 Filed 3-21-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38541-38542]
[FR Doc No: 2014-15809]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0233]

Center for Drug Evaluation and Research; Use of Innovative
Packaging, Storage, and/or Disposal Systems To Address the Misuse and
Abuse of Opioid Analgesics; Reopening of the Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice, reopening of the comment period.

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

SUMMARY: The Food and Drug Administration (FDA) is reopening the
comment period for the notice entitled ``Center for Drug Evaluation and
Research; Use of Innovative Packaging, Storage, and/or Disposal Systems
to Address the Misuse and Abuse of Opioid Analgesics,'' which published
in the Federal Register of April 9, 2014. FDA is reopening the comment
period to allow interested persons additional time to submit comments.

DATES: Submit either electronic or written comments by August 7, 2014.

ADDRESSES: Submit electronic comments to http://www.regulations.gov.
Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Colleen Brennan, Center for Drug
Evaluation and Research, Food and Drug Administration, Office of
Surveillance and Epidemiology, 10903 New Hampshire Ave., Bldg. 22, Rm.
4410, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>with the subject line identified as
``Packaging Abuse Deterrence Strategies.''

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of April 9, 2014 (79 FR 19619), FDA
announced the establishment of a docket to receive suggestions,
recommendations, and comments on innovative packaging, storage and
disposal systems, technologies or designs that could be used to prevent
or deter misuse and abuse of opioid analgesics by patients and others.
In the notice, FDA stated that comments about specific system or
technology designs should include a description of the following: (1)
Design features and functionality; (2) results of any formative or
summative human factors assessments conducted; (3) applications to
date, including information on the effectiveness and acceptability of
those applications (with literature references or other documentation);
(4) recommendations for how the system/technology design could be
applied or adapted (either alone and/or in combination with other
systems/technologies) to help prevent or deter misuse and abuse, and
any limitations of that application; (5) specific problems that could
be addressed (e.g., serious complications such as addiction or overdose
due to improper dosage and/or administration, improper disposal,
accidental use by someone for whom the medication was not prescribed);
and (6) to the extent possible, considerations for implementation into
routine dispensing and clinical use (e.g., how the solution would
impact the workflow in a retail pharmacy).
    To help FDA prioritize among proposed approaches, the Agency is
also interested in receiving feedback about methods that could be used
to assess a system or technology's potential abuse-deterrent
characteristics and real-world impact (e.g., actual ability to prevent
or deter misuse and abuse, effect on access for appropriate patients,
patient confidentiality, burden on the healthcare system, feasibility
of implementation, whether the design could create unintended
medication errors). Finally, FDA is interested in receiving feedback on
methods for encouraging further research and development in this area,
and, if promising technologies are identified, incentivizing the
pharmaceutical industry (e.g. via patent extensions) to adopt such
technologies.
    Interested persons were given until June 9, 2014, to submit
comments. On our own initiative, the Agency is reopening the comment
period until August 7, 2014 to allow interested persons additional time
to submit comments. The Agency believes that an additional 30 days
allows adequate time for interested persons to submit comments without
significantly delaying the Agency's consideration of these important
issues.

II. How To Submit Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division

of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday,
and will be posted to the docket at http://www.regulations.gov.

    Dated: July 1, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-15809 Filed 7-7-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Notices]
[Page 78017]
[FR Doc No: 2023-24990]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1267-132]

Greenwood County, South Carolina; Notice of Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Non-Project Use of Project Lands and
Waters.
    b. Project No.: 1267-132.
    c. Date Filed: August 11, 2023.
    d. Applicant: Greenwood County, South Carolina.
    e. Name of Project: Buzzards Roost Hydroelectric Project.
    f. Location: The Buzzards Roost Hydroelectric Project is located on
the Saluda River in Laurens, Newberry, and Greenwood counties, South
Carolina; the proposed dock would be in Newberry County.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Julie Davis, Greenwood County, South Carolina
at<PHONE_NUMBER> or [email protected].
    i. FERC Contact: Shana High at<PHONE_NUMBER> or
[email protected].
    j. Deadline for filing motions to intervene and protests: December
6, 2023.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. 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. The first page of any filing should
include docket number P-1267-132. Comments emailed to Commission staff
are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: Greenwood County, South Carolina is
requesting Commission authorization to permit Fairhaven Properties, LLC
to install a community dock for a proposed subdivision. The proposed
dock would be in Dixon Price Cove, in Newberry County. The proposed
dock would accommodate 20 boats.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.
    p. The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: November 6, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-24990 Filed 11-13-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 17, 2008 (Volume 73, Number 138)]
[Notices]
[Page 41140-41141]
[DOCID:fr17jy08-137]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58127; File No. SR-CBOE-2008-68]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the CBOE Fees Schedule

 July 9, 2008.
    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 June 30, 2008, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``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. CBOE has designated this proposal as one establishing or
changing a due, fee, or other charge imposed by CBOE under Section
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    CBOE proposes to amend its Fees Schedule to establish fees for
transactions in binary options on broad-based indexes and to amend its
marketing fee program. The Exchange also proposes to make a technical
amendment by deleting all references to the obsolete term ``RMM'' from
its Fees Schedule. The text of the proposed rule change is available at
the Exchange, the Commission's Public Reference Room, and http://
www.cboe.com.

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

    In its filing with the Commission, the 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. CBOE has substantially prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose

Establish Transaction Fees for Binary Options

    The Exchange recently received approval to list and trade binary
options on broad-based indexes, and the purpose of this rule change is
to establish transaction fees for binary options on broad-based
indexes.\5\ The Exchange proposes to extend the existing fees for
transactions in traditional index options to binary options on broad-
based indexes. To affect the current proposal, the Exchange proposes to
add a reference to ``binary options'' in Footnotes 1 and 6 in the CBOE
Fees Schedule.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 57850 (May 22,
2008), 73 FR 31169 (May 30, 2008) (SR-CBOE-2006-105).
---------------------------------------------------------------------------

    The amount of the transactions fees for binary options on broad-
based indexes would be as follows:
     $0.20 per contract for Market-Maker, Designated Primary
Market-Maker and Remote Market-Maker transactions;
     $0.20 per contract for member firm proprietary
transactions;
    The fees for broker-dealer transactions are as follows:
     $0.25 per contract for manually executed transactions
other than OEX, XEO and SPX;
     $0.30 per contract for OEX or XEO;
     $0.40 per contract for SPX;
     $0.45 per contract for electronically executed
transactions other than OEX, XEO and SPX (i.e., broker-dealer orders
that are automatically executed on the CBOE Hybrid Trading System); \6\
---------------------------------------------------------------------------

    \6\ Broker-dealer manual and electronic transaction fees would
apply to broker-dealer orders (orders with ``B'' origin code), non-
member market-maker orders (orders with ``N'' origin code) and
orders from specialists in the underlying security (orders with
``Y'' origin code).
---------------------------------------------------------------------------

    The fees for customer transactions shall be as follows:
     $0.18 per contract for transactions other than OEX, XEO,
SPX, DXL and Volatility Indexes;
     $0.30 per contract for OEX or XEO;
     $0.35 per contract for SPX, premium < $1;
     $0.40 per contract for DXL and Volatility Indexes;
     $0.45 per contract for SPX, premium > or = $1;

     $0.30 per contract for Linkage Orders; and
     $0.10 per contract CFLEX surcharge fee.
    In addition, a surcharge fee of $0.06 would apply to non-public
customer transactions in binary options on OEX, XEO, SPX, and
Volatility Indexes, and a surcharge fee of $0.10 would apply to non-
public customer transactions in binary options on DJX, DXL, MNX, NDX,
and RUT. These surcharge fees help the Exchange recoup license fees the
Exchange pays to the different reporting authorities in order to list
options on the respective broad-based indexes.
    The Exchange's Liquidity Provider Sliding Scale \7\ would apply to
transaction fees in binary options, but the Exchange's marketing fee
\8\ would not apply. The Exchange believes the rule change would
further the Exchange's goal of introducing new products to the
marketplace that are competitively priced. In order to promote the
launch of binary options on broad-based indexes, the Exchange proposes
to waive the applicable transactions fees beginning with the launch of
trading on July 1, 2008 through October 1, 2008.
---------------------------------------------------------------------------

    \7\ See Footnote 10 of the CBOE Fees Schedule.
    \8\ See Footnote 6 of the CBOE Fees Schedule.
---------------------------------------------------------------------------

Amend Exchange's Marketing Fee Program

    CBOE also proposes to amend its marketing fee program to assess the
fee in XSP options at the rate of $0.10 per contract. XSP options are
options based on the S&P 500[supreg] Index and have 1/10th the value of
the S&P 500 index options. CBOE currently assesses its marketing fee at
the rate of $0.10 per contract in SPY options, which are options on the
SPDR exchange-traded fund (ETF) which is designed to track the
performance of the S&P 500[supreg] Index. CBOE believes that assessing
the marketing fee in XSP will allow CBOE Market-Makers, e-DPMs, or DPMs
to compete better for order flow in XSP options class if it assessed
the marketing fee in it, just as it assesses the fee in SPY options.
CBOE proposes to implement this change to the marketing fee program
beginning on July 1, 2008. CBOE is not amending its marketing fee
program in any other respects.

Technical Change--Delete All References to ``RMM''

    CBOE also proposes to make a technical amendment throughout its
Fees Schedule. Specifically, CBOE proposes to delete all references to
``RMM,'' in light of the recent approval of SR-CBOE-2007-120, which
filing deleted reference to RMM in CBOE's rules among other changes.\9\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 57615 (April 3,
2008), 73 FR 19537 (April 10, 2008) (SR-CBOE-2007-120).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \10\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \11\ in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges among CBOE members and other persons using its
facilities.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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.

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 proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A)(ii) of the Act \12\ and Rule
19b-4(f)(2) \13\ thereunder, because it establishes or changes a due,
fee, or other charge imposed by the Exchange. Accordingly, the proposal
will take effect upon filing with the Commission. At any time within 60
days of the filing of such proposed rule change the Commission may
summarily abrogate such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to rule-comments@gov. Please include File
Number SR-CBOE-2008-68 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-CBOE-2008-68. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
CBOE. 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-
CBOE-2008-68 and should be submitted on or before August 7, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-16345 Filed 7-16-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Rules and Regulations]
[Pages 74294-74296]
[FR Doc No: 2022-26356]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1155; Project Identifier MCAI-2022-00655-T;
Amendment 39-22243; AD 2022-24-03]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus SAS Model A321-251N, A321-251NX, A321-252N, A321-252NX, A321-
253N, and A321-253NX airplanes. This AD was prompted by a stress
analysis on the engine structure that indicated that the fail-safe lug
may not be able to sustain, during one inspection interval as currently
specified in an airworthiness limitations item, the loads deriving from
the engagement of the secondary load path within that inspection
interval for the aft engine mount system. This AD requires repetitive
detailed inspections of the aft engine mount and secondary load path
clearance fail-safe pin and replacement of the engine if necessary, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective January 9, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 9,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1155; 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 mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2022-1155.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th Street Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus SAS Model
A321-251N, A321-251NX, A321-252N, A321-252NX, A321-253N, and A321-253NX
airplanes. The NPRM published in the Federal Register on September 12,
2022 (87 FR 55737). The NPRM was prompted by AD 2022-0089, dated May
17, 2022, issued by EASA, which is the Technical Agent for the Member
States of the European Union (referred to after this as the MCAI). The
MCAI states that the engine fail safe lug may not be able to sustain,
during one inspection interval as currently specified in airworthiness
limitation item (ALI) task 712232-01-1, the loads deriving from the
engagement of the secondary load path. This condition, if not detected
and corrected, could lead to engine mount rupture, possibly resulting
in engine loss during flight and loss of control of the airplane.
    In the NPRM, the FAA proposed to require repetitive detailed
inspections of the aft engine mount and secondary load path clearance
fail-safe pin and replacement of the engine if necessary, as specified
in EASA AD 2022-0089. The FAA is issuing this AD to address the unsafe
condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1155.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association,
International (ALPA) and an anonymous commenter. Both commenters
supported the NPRM without change.

Conclusion

    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
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0089 specifies procedures for repetitive detailed
inspections (DET) for discrepancies of the aft engine mount and
secondary load path clearance fail-safe pin for each engine, and
replacement of any engine with discrepant findings on the secondary
load path clearance check.
    This material 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.

Costs of Compliance

    The FAA estimates that this AD affects 156 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 4 work-hours x $85 per hour = $340              $0  Up to $340................  Up to $53,040.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates that it would take 64 work-hours (at $85 per
work-hour) to replace an engine, if required based on the results of
any required actions. The FAA has received no definitive data on which
to base the estimate for the cost of a replacement engine or any
necessary additional on-condition actions that would be required by
this AD. The FAA has no way of determining the number of aircraft that
might need these on-condition actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities

under the criteria of the Regulatory Flexibility Act.

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:

2022-24-03 Airbus SAS: Amendment 39-22243; Docket No. FAA-2022-1155;
Project Identifier MCAI-2022-00655-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 9, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A321-251N, A321-251NX,
A321-252N, A321-252NX, A321-253N, and A321-253NX airplanes,
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Unsafe Condition

    This AD was prompted by a stress analysis on the engine
structure that indicated that the fail-safe lug may not be able to
sustain, during one inspection interval, as currently specified in
airworthiness limitation item (ALI) task 712232-01-1, the loads
deriving from the engagement of the secondary load path within that
inspection interval for the aft engine mount system. The FAA is
issuing this AD to address potential failure of the LEAP-1A aft
engine mount waiting fail-safe male lug, which could lead to engine
mount rupture, possibly resulting in engine loss during flight and
loss of control of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0089, dated May 17, 2022 (EASA AD 2022-0089).

(h) Exceptions to EASA AD 2022-0089

    (1) Where paragraph (3) of EASA AD 2022-0089 specifies
corrective action if ``discrepancies are detected, as defined in the
SB,'' for purposes of this AD, discrepancies include a fail-safe pin
that does not rotate freely, or has damage (dents, scratches, nicks,
corrosion, or cracks).
    (2) The ``Remarks'' section of EASA AD 2022-0089 does not apply
to this AD.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 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 responsible
Flight Standards Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (j) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.

(j) Additional Information

    For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th Street, Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0089,
dated May 17, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0089, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26356 Filed 12-2-22; 8:45 am]
BILLING CODE 4910-13-P