[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Proposed Rules]
[Pages 40210-40213]
[FR Doc No: 2016-14301]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-7262; Directorate Identifier 2015-NM-079-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 98-13-14,
for certain Airbus Model A320-211, -212, and -231 airplanes. AD 98-13-
14 currently requires repetitive rotating probe inspections of fastener
holes and/or the adjacent tooling hole of a former junction of the aft
fuselage, as applicable, and corrective action, if necessary. AD 98-13-
14 also provides for an optional terminating action for the repetitive
inspections. Since we issued AD 98-13-14, an evaluation by the design
approval holder (DAH) indicates that the former junction of the aft
fuselage is subject to fatigue damage. This proposed AD would continue
to require the actions in AD 98-13-14, with revised inspection
compliance times. We are proposing this AD to detect and correct
fatigue cracks in the former junction of the aft fuselage; fatigue
cracking could propagate and could adversely affect the structural
integrity of the airplane.

DATES:  We must receive comments on this proposed AD by August 5, 2016.

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

30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    For service information identified in this NPRM, contact Airbus,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425 227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
7262; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-7262;
Directorate Identifier 2015-NM-079-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On June 11, 1998, we issued AD 98-13-14, Amendment 39-10602 (63 FR
34556, June 25, 1998) (``AD 98-13-14''). AD 98-13-14 requires actions
intended to address an unsafe condition on certain Airbus Model A320
series airplanes. AD 98-13-14 was prompted by a report that four cracks
were identified in the fastener holes of the former junction at frame
(FR) 68 between stringers 4 and 5, which occurred during a full scale
fatigue test. AD 98-13-14 requires repetitive rotating probe
inspections of fastener holes and/or the adjacent tooling hole of a
former junction of the aft fuselage, and corrective action, if
necessary. AD 98-13-14 also provides for an optional terminating action
for the repetitive inspections. We issued AD 98-13-14 to prevent
reduced structural integrity of the aft fuselage caused by fatigue
cracking of the former junction at FR 68.
    Since we issued AD 98-13-14, an evaluation by the DAH indicates
that the former junction of the aft fuselage is subject to fatigue
damage.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2015-0084, dated May 13, 2015; corrected May 18, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus Model
A320-211, -212, and -231 airplanes. The MCAI states:

    During a fatigue test campaign, four cracks were identified in
the fastener holes of the former junction at frame (FR) 68 between
stringers 4 and 5.
    This condition, if not detected and corrected, could lead to
crack propagation, possibly resulting in reduced structural
integrity of the fuselage.
    To address this unsafe condition, DGAC [Direction
g[eacute]n[eacute]rale de l'aviation civile] France issued * * * [an
AD, which corresponds to FAA AD 98-13-14, Amendment 39-10602 (63 FR
34556, June 25, 1998)] to require repetitive inspections and,
depending on findings, the accomplishment of an applicable repair
solution.
    That [DGAC] AD also provided modification of FR 68 [cold working
of fastener and tooling holes] in accordance with Airbus Service
Bulletin (SB) A320-53-1090 as optional terminating action.
    Following new analyses, the thresholds and inspection intervals
have been reviewed and adjusted.
    For the reason described above, this [EASA] AD retains the
requirements of DGAC France AD 96-298-093(B)R2 [http://ad.easa.europa.eu/ad/F-1996-298R2], which is superseded, and
requires those actions within the new thresholds and intervals.
    This [EASA] AD was republished to correct a typographical error
in the Reason.

    Repairs include doing applicable related investigative actions
(i.e., rotating probe inspection of the hole to make sure the crack is
removed and eddy current inspection of the cold expanded holes). You
may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
7262.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information:
     Service Bulletin A320-53-1089, Revision 03, dated March
18, 2015. This service information describes procedures for a rotating
probe inspection for fatigue cracking of the frame junction holes and
the adjacent tooling hole, as applicable, of the right- and left-hand
former junctions at FR 68, and repair, including doing applicable
related investigative actions.
     Service Bulletin A320-53-1090, Revision 02, dated December
22, 1998. This service information describes procedures for modifying
the airplane (cold working of fastener and tooling holes).
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

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

Costs of Compliance

    We estimate that this proposed AD affects 10 airplanes of U.S.
registry.
    The actions required by AD 98-13-14 and retained in this proposed
AD take about 8 work-hours per product, at an average labor rate of $85
per work-hour. Based on these figures, the estimated cost of the
actions that are required by AD 98-13-14 is $680 per product, per
inspection cycle.
    We also estimate that it would take about 4 work-hours per product
to

comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD on U.S. operators to be $3,400, or $340 per product.
    In addition, we estimate that any necessary follow-on repairs would
take about 52 work-hours and require parts costing $3,800, for a cost
of $8,220 per product. We have no way of determining the number of
aircraft that might need these actions.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
98-13-14, Amendment 39-10602 (63 FR 34556, June 25, 1998), and adding
the following new AD:

Airbus: Docket No. FAA-2016-7262; Directorate Identifier 2015-NM-
079-AD.

(a) Comments Due Date

    We must receive comments by August 5, 2016.

(b) Affected ADs

    This AD replaces AD 98-13-14, Amendment 39-10602 (63 FR 34556,
June 25, 1998) (``AD 98-13-14'').

(c) Applicability

    This AD applies to Airbus Model A320-211, -212, and -231
airplanes, certificated in any category, manufacturer serial numbers
(S/Ns) 0001 through 0123 inclusive, except those that have embodied
Airbus Modifications 21780 and 21781 in production.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by identification of four cracks in the
fastener holes of the former junction at frame (FR) 68 between
stringers 4 and 5, which occurred during a fatigue test campaign,
and a determination that certain compliance times specified in AD
98-13-14 must be reduced. We are issuing this AD to prevent fatigue
cracks from occurring or propagating in certain structure which
could adversely affect the structural integrity of the airplane.

(f) Compliance

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

(g) Retained Repetitive Inspections and Repair With Revised Compliance
Language, and Additional Methods of Approving Repairs

    This paragraph restates the requirements of paragraph (a) of AD
98-13-14, with revised compliance language; and adds additional
methods of approving repairs. For Model A320 series airplanes, as
listed in Airbus Service Bulletins A320-53-1089 and A320-53-1090,
both dated November 22, 1995: Prior to the accumulation of 20,000
total flight cycles, or within 500 flight cycles after July 30, 1998
(the effective date of AD 98-13-14), whichever occurs later, perform
a rotating probe inspection for fatigue cracking of the fastener
holes and/or the adjacent tooling hole, as applicable, of the right-
and left-hand former junctions at FR 68, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-53-1089,
dated November 22, 1995. Accomplishing an inspection required by
paragraph (h) of this AD terminates the actions required by this
paragraph.
    (1) If no crack is detected, accomplish either paragraph
(g)(1)(i) or (g)(1)(ii) of this AD.
    (i) Repeat the inspection thereafter at intervals not to exceed
20,000 flight cycles; or
    (ii) Prior to further flight following the accomplishment of the
inspection required by paragraph (g) of this AD, cold work the
fastener holes and/or the adjacent tooling hole of the right- and
left-hand former junctions at FR 68, as applicable, in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A320-53-1090, dated November 22, 1995. Accomplishment of this cold
working constitutes terminating action for the repetitive
inspections required by paragraph (g)(1)(i) of this AD.
    (2) If any crack is detected, prior to further flight, repair it
in accordance with a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA).

(h) New Repetitive Inspection Requirement

    Within the compliance time specified in paragraph (h)(1),
(h)(2), or (h)(3) of this AD, whichever occurs latest: Accomplish a
rotating probe inspection for fatigue cracking of the frame junction
holes and the adjacent tooling hole, as applicable, of the right-
and left-hand former junctions at FR 68, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-53-1089,
Revision 03, dated March 18, 2015. Repeat the inspection thereafter
at intervals not to exceed 3,800 flight cycles or 7,600 flight
hours, whichever occurs first, until a repair required by paragraph
(i) of this AD is done or a modification specified in paragraph (j)
of this AD is done. Accomplishing an inspection required by this
paragraph terminates the inspections required by paragraph (g) of
this AD.
    (1) Within 28,700 flight cycles or 57,400 flight hours since
airplane first flight, whichever occurs first; or
    (2) Within 3,800 flight cycles or 7,600 flight hours, whichever
occurs first, since the most recent inspection done in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A320-53-1089, Revision 03, dated March 18, 2015; or
    (3) Within 3,800 flight cycles or 7,600 flight hours after the
effective date of this AD, whichever occurs first, without exceeding
20,000 flight cycles since the most recent inspection done in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-53-1089, Revision 03, dated March 18, 2015.

(i) New Repair Requirement

    If any crack is detected during any inspection required by
paragraph (h) of this AD: Before further flight, repair, including
doing all applicable related investigative actions, in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A320-53-1089, Revision 03, dated March 18, 2015. Do all applicable
related investigative actions before further flight. Repair of an
airplane in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-53-1089, Revision 03, dated March 18,
2015, constitutes terminating action for the repetitive inspections
required by paragraph (h) of this AD.

(j) New Optional Modification

    Modification of an airplane, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-53-1090,
Revision 02, dated December 22, 1998, constitutes terminating action
for the repetitive inspections required by paragraph (h) of this AD,
provided the modification is accomplished before further flight
after accomplishing an inspection required by paragraph (h) of this
AD and no cracks were detected.

(k) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraphs (h) and (i) of this AD, if those actions were performed
before the effective date of this AD using the service information
identified in paragraphs (k)(1)(i) and (k)(1)(ii) of this AD, which
are not incorporated by reference in this AD.
    (i) Airbus Service Bulletin A320-53-1089, Revision 01, dated
June 4, 1998;
    (ii) Airbus Service Bulletin A320-53-1089, Revision 02, dated
February 3, 2003.
    (2) This paragraph provides credit for the actions required by
paragraph (j) of this AD, if those actions were performed before the
effective date of this AD in accordance with the service information
identified in paragraphs (k)(2)(i) and (k)(2)(ii) of this AD.
    (i) Airbus Service Bulletin A320-53-1090, dated November 22,
1995, which was incorporated by reference in AD 98-13-14, Amendment
39-10602 (63 FR 34556, June 25, 1998).
    (ii) Airbus Service Bulletin A320-53-1090, Revision 1, dated
November 22, 1995, dated June 10, 1998, which is not incorporated by
reference in this AD.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA;
or Airbus's EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2015-0084, dated May 13, 2015; corrected May 18,
2015, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-7262.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office- EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on June 3, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-14301 Filed 6-20-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Rules and Regulations]
[Page 13520]
[FR Doc No: 2020-04664]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2020-0105]

Safety Zone; New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a temporary safety zone between
mile marker (MM) 95.7 and MM 96.7 above Head of Passes, Lower
Mississippi River, LA. This action is necessary to provide for the
safety of life on these navigable waters near New Orleans, LA, during a
fireworks display on March 18, 2020. During the enforcement periods,
the operator of any vessel in the regulated area must comply with
directions from the Patrol Commander or any Official Patrol displaying
a Coast Guard ensign.

DATES: The regulations in 33 CFR 165.845 will be enforced from 9 p.m.
to 10 p.m. on March 18, 2020.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Lieutenant Commander Corinne
Plummer, Sector New Orleans, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
located in 33 CFR 165.845 for the River Center Fireworks Display event.
The regulations will be enforced from 9:00 p.m. through 10:00 p.m. on
March 18, 2020. This action is being taken to provide for the safety of
life on navigable waterways during this event, which will be located
between MM 95.7 and MM 96.7 above Head of Passes, Lower Mississippi
River, LA. During the enforcement periods, if you are the operator of a
vessel in the regulated area you must comply with directions from the
Patrol Commander or any Official Patrol displaying a Coast Guard
Ensign.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard plans to provide notification of this enforcement
period via a Marine Safety Information Bulletin and Broadcast Notice to
Mariners.

    Dated: March 2, 2020.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2020-04664 Filed 3-6-20; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Notices]
[Pages 35201-35205]
[FR Doc No: 2014-14312]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72389; File No. SR-NYSEMKT-2014-51]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending Rule
971.1NY(c)(4)(D) To Add Specificity Regarding When a Customer Best
Execution Auction Would Conclude Early

June 13, 2014.
    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 June 4, 2014, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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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 Rule 971.1NY(c)(4)(D) to add
specificity regarding when a Customer Best Execution (``CUBE'') Auction
would conclude early. The text of the proposed rule 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 the
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 amend Rule 971.1NY(c)(4)(D) to add
specificity regarding when a CUBE Auction would conclude early. The
Exchange recently received approval for new Rule 971.1NY, which sets
forth an electronic crossing mechanism with a price improvement auction
on the Exchange to be referred to as the Auction or CUBE Auction, which
stands for Customer Best Execution.\3\ The Exchange has not yet
implemented the CUBE Auction mechanism.
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    \3\ See Securities Exchange Act Release No. 34-72025 (April 25,
2014), 79 FR 24779 (May 1, 2014) (SR-NYSEMKT-2014-17) (Approval
Order).
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Background
    Rule 971.1NY provides for an electronic price improvement auction
for single-leg options orders. The CUBE Auction is designed to work
seamlessly with the Exchange's Consolidated Book, which is the
Exchange's single electronic order book where all quotes and limit
orders sent to the Exchange are placed and reside as a file on the NYSE
Amex System (``System''). As specified in Rule 971.1NY(a), using the
CUBE Auction, an ATP Holder can guarantee the execution of a limit
order it represents as agent on behalf of a public customer, broker-
dealer, or any other entity (``CUBE Order''). The ATP Holder that
submits the CUBE Order (``Initiating Participant'') agrees to guarantee
the execution of the CUBE Order at a specified price by submitting a
contra-side order (``Contra Order'') that represents principal interest
or interest it has solicited to trade with the CUBE Order. An Auction
begins with an ``initiating price,'' which for a CUBE Order to buy
(sell) is the lower (higher) of the CUBE Order's limit price or the
National Best Offer (``NBO'') (National Best Bid (``NBB'')).\4\
Although there is a specified period for the Auction, the time at which
the Auction is initiated is considered the time of execution for the
CUBE Order and the execution of orders in the Auction qualify as
exceptions to Trade-Through Liability, pursuant to Rule 991NY(b)(5) and
(9).\5\
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    \4\ See Rule 971.1NY(a). Pursuant to Rule 971.1NY(b)(1)(B), the
initiating price for a CUBE Order to buy (sell) must be lower
(higher) than the NBO (NBB) by at least one penny if the CUBE Order
is for less than 50 contracts.
    \5\ See Rule 971.1NY(b).
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    Rule 971.1NY(b)(1) sets forth the ranges of permissible execution
for a CUBE Auction. Unless otherwise specified, the references to
National Best Bid or Offer (``NBBO'') and Exchange Best Bid or Offer
(``BBO'') in the rule refer to the NBBO and BBO at the time the Auction
was initiated.\6\ Specifically, Rule 971.1NY(b)(1) provides that a CUBE
Order to buy (sell) would generally have a range of permissible
executions with an upper (lower) bound equal to the initiating price
and the lower (upper) bound equal to the NBB (NBO). However, pursuant
to paragraphs (b)(1)(A) and (b)(1)(B) of Rule 971.1NY, there is a
tighter range of permissible executions for when there is Customer
interest in the BBO on the same-side as the CUBE Order of 50 contracts
or more or for when the CUBE Order is for fewer than 50 contracts. In
addition, Rule 971.1NY(b)(1)(C) separately provides that if the BBO on
the same side as the CUBE Order updates during the Auction, the range
of permissible executions will adjust in accordance with the updated
BBO, unless the Auction concludes early pursuant to paragraph (c)(4)(D)
of the Rule.
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    \6\ See Rule 971.1NY(b).
---------------------------------------------------------------------------

    Rule 971.1NY(c)(4) specifies scenarios when a CUBE Auction would
conclude early. The purpose of these provisions is to enable the CUBE
Auction to integrate seamlessly within the Exchange's Consolidated
Book. Accordingly, a CUBE Auction will conclude early as a result of
certain events that would otherwise disrupt the priority of the Auction
within the Consolidated Book. Early conclusion allows the System to
appropriately handle unrelated orders without the CUBE Auction
impacting that handling, and further allows the CUBE Order, which has
been guaranteed an execution, to execute against the Contra Order and
any RFR Responses that may have been entered up to that point.
    Rule 971.1NY(c)(4)(D) specifies that the CUBE Auction will conclude
early if same-side incoming interest improves the initiating price. For
example, if both the NBBO and BBO (with no customer interest) at the
time a CUBE Auction initiates is $1.00-$1.10, and the initiating price
for a CUBE Order to buy 60 contracts is $1.04, the permissible range of
executions for that Auction is $1.00-$1.04. If the Exchange receives an
unrelated order to buy priced at $1.05, because that order would set a
new BB that is priced higher than the initiating price of $1.04,
pursuant to Rule 971.1NY(b)(1)(C), the new lower bound of the range of
permissible executions would be adjusted to $1.05, which does not allow
for any execution opportunity because an execution of the CUBE Order to
buy would trade through the new BB. Because this would prevent proper
conclusion of the auction and price improvement for the CUBE Order,
pursuant to Rule 971.1NY(c)(4)(D), the Auction is instead subject to an
early conclusion event, in order both to allow the CUBE order to
receive its guaranteed execution and to allow the Book to update its
BB. The rationale for this early conclusion scenario therefore ties
back to Rule 971.1NY(b)(1)(C), which provides that the permissible
range of executions of a CUBE Auction adjusts if the BBO on the same
side of the CUBE Order updates during the Auction.
Proposed Amendment
    The Exchange proposes to amend Rule 971.1NY(c)(4)(D) to add
additional specificity regarding when a CUBE Auction would conclude
early. The proposed revisions are intended to add transparency
regarding when the arrival of interest on the same side as the CUBE
Order that would require an updated BBO during an Auction would require
the Auction to conclude early. Specifically, the arrival of same-side
interest that is priced the same as the initiating price may, in
certain circumstances, similarly require an early conclusion to a CUBE
Auction.
    Assuming the same facts as above, if there is new same-side
interest priced at $1.04 entered during the Auction on behalf of a
Customer, pursuant to Rule 971.1NY(b)(1)(C), such interest would need
to update the BB and would adjust

the lower bound of the range of permissible executions for the Auction
to $1.05.\7\ This adjusted lower bound for the range of permissible
executions would also not allow for any execution opportunity because
it would be higher than the initiating price, and therefore the CUBE
Order would not be able to execute. Therefore, just as in the case
described above, the Exchange proposes that the CUBE Auction instead
conclude early, before the BBO is updated. An early conclusion would
allow the CUBE Order to receive its guaranteed execution and to allow
the Book to update its BB.
---------------------------------------------------------------------------

    \7\ See Rule 971.1NY(b)(1)(A) (lower (upper) bound of the range
of permissible executions for a CUBE Order to buy (sell) when there
is customer interest on the BB (BO) is the BB (BO) plus (minus) one
cent).
---------------------------------------------------------------------------

    Similarly, assuming the same facts as above, but the CUBE Order to
buy is for 40 contracts, if there is new same-side interest priced at
$1.04 entered during the Auction, pursuant to Rule 971.1NY(b)(1)(C),
such interest would need to update the BB and would again adjust the
lower bound of the range of permissible executions to $1.05.\8\ As
above, this adjusted lower bound for the range of permissible
executions would not allow for any execution opportunity because it
would similarly be higher than the initiating price, and therefore the
CUBE Order would not be able to execute. Therefore, again for the same
reasons as above, the Exchange proposes that the CUBE Auction conclude
early, before the BBO is updated. An early conclusion would similarly
allow the CUBE Order to receive its guaranteed execution and allow the
Book to update its BB.
---------------------------------------------------------------------------

    \8\ See Rule 971.1NY(b)(1)(B) (lower (upper) bound of the range
of permissible executions for a CUBE Order to buy (sell) for fewer
than 50 contracts is the BB (BO) plus (minus) one cent).
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 971.1NY(c)(4)(D) to provide for
these early conclusion events. First, the Exchange proposes to amend
the subsection title, which currently states ``Same Side New BBO
Improves initiating price,'' to instead provide ``Same Side Incoming
Interest Would Create an Adjusted Range of Permissible Executions that
Improves initiating price.'' The Exchange believes that the additional
text makes clear that this provision concerns any circumstance when the
range of permissible executions would need to be adjusted, consistent
with Rule 971.1NY(b)(1)(C), because of incoming same-side interest such
that the CUBE Auction must conclude early to allow for the CUBE Order
to receive is [sic] guaranteed execution before the Book updates its
BBO.
    Next, the Exchange proposes to amend the body of the subsection.
The rule text currently specifies a single event that would result in
an early conclusion, i.e., when the Exchange receives during the
Response Time Interval an unrelated, non-marketable quote or limit
order that is on the same side of the market as the CUBE Order to buy
(sell) and that is priced higher (lower) than the initiating price and
therefore creates a new BB (BO). As noted above, an early conclusion
must occur any time the Exchange receives during an Auction same-side
interest that is priced such that it would require the lower (upper)
bound of the range of permissible executions to be adjusted to be
higher (lower) than the initiating price, which includes both the
scenario currently specified in Rule 971.1NY(c)(4)(D) as well as the
additional scenarios described above.
    Accordingly, the Exchange proposes to amend Rule 971.1NY(c)(4)(D)
to provide more generally that a CUBE Auction will conclude early any
time same-side interest arrives during an Auction that would adjust the
lower (upper) bound of the range of permissible executions higher
(lower) than the initiating price. The Exchange believes that the
proposed amended text captures both the existing specified scenario in
Rule 971.1NY(c)(4)(D), as well as the additional scenarios described
above. The proposed new text would read as follows (new text
italicized, deletions bracketed):
    (D) Same Side [New BBO] Incoming Interest Would Create an Adjusted
Range of Permissible Executions that Improves initiating price. A CUBE
Auction will conclude early if the Exchange receives during the
Response Time Interval an unrelated, non-marketable quote or limit
order that is on the same side of the market as the CUBE Order to buy
(sell) and that would adjust the lower (upper) bound of the range of
permissible executions to be higher (lower) than the initiating price.
[is priced higher (lower) than the initiating price and therefore
creates a new BB (BO) that is higher (lower) than the initiating
price.] When the Auction concludes, the CUBE Order will execute
pursuant to paragraph (c)(5) of this Rule. Unfilled GTX Orders are
eligible to execute against the unrelated interest that caused the CUBE
Auction to conclude early and then will cancel. Contracts remaining, if
any, from such unrelated quote or order at the time the Auction ends
will be processed in accordance with Rule 964NY Order Display and
Priority.
    The Exchange further proposes to amend Rule 971.1NY(b)(1)(C) to
clarify that the early conclusion events identified in Rule
971.1NY(c)(4)(D) would occur before the same-side BBO is updated.
Currently, Rule 971.1NY(b)(1)(C) provides that if the BBO on the same
side as the CUBE Order updates during the Auction, the range of
permissible executions adjusts in accordance with the updated BBO,
unless the Auction concludes early pursuant to Rule 971.1NY(c)(4)(D).
The Exchange proposes to revise the second clause of the sentence to
instead provide: ``unless the incoming same-side interest that would
update the BBO would cause the Auction to conclude early pursuant to
paragraph (c)(4)(D) of this Rule.'' The Exchange believes that the
revised text, read together with amended Rule 971.1NY(c)(4)(D), makes
clear that the arrival of certain same-side interest may cause an
Auction to end early, before the BBO is updated.
    The Exchange believes that the proposed rule change is consistent
with the manner that the Auction operates, as specified in Rule
971.1NY(b)(1)(C), and will provide transparency in the rule regarding
the circumstances when the CUBE Auction should conclude early in order
to allow the CUBE Order to receive its guaranteed execution without
interfering with the priority of orders on the Book when the same-side
BBO is updated.
    The Exchange further notes that it intends to issue guidance
advising ATP Holders that Contra Orders for the account of a Customer
may not be entered into a CUBE Auction. This guidance is consistent
with how other markets operate electronic auction mechanisms.\9\
---------------------------------------------------------------------------

    \9\ See NASDAQ OMX PHLX Frequently Asked Questions regarding
PIXL, which provides that its auction mechanism will not accept
customer orders as the guaranteeing order, available at: http://www.nasdaqtrader.com/content/phlx/PIXLfaqs.pdf; and Chicago Board
Options Exchange, Inc. guidance on its Automated Improvement
Mechanism (``AIM''), which provides that customer crosses do not
participate in the AIM auction mechanism, available at: https://www.cboe.org/hybrid/aim.aspx.
---------------------------------------------------------------------------

Implementation
    When the Exchange filed to adopt Rule 971.1NY, it stated that it
would announce the implementation date of the proposed rule change in a
Trader Update to be published no later than 60 days following
Commission approval. The Exchange further provided that the
implementation date would be no later than 60 days following
publication of the Trader Update announcing Commission approval.
    Because the Exchange will not implement Rule 971.1NY until this
rule

change is effective, the Exchange proposes to revise this
implementation schedule to provide that it will announce the
implementation date of Rule 971.1NY, as amended by this rule proposal,
in a Trader Update to be published no later than 30 days following the
effective date of this rule change. The Exchange further proposes that
the implementation date will be no later than 30 days following
publication of the Trader Update announcing Commission approval. The
Exchange believes that this implementation schedule would provide ATP
Holders with adequate notice of the Auction and would allow ample time
for ATP Holders to prepare their systems for participation in the
Auction process, if such participation is desired. The Exchange notes
that this proposed rule change would not require ATP Holders to make
any changes to their systems.
2. Statutory Basis
    For the reasons set forth above, the Exchange believes the proposed
rule change is consistent with Section 6(b) of the Act in general, and
furthers the objectives of Section 6(b)(5) of the Act, in that it is
designed to promote just and equitable principles of trade, remove
impediments to and perfect the mechanisms of a free and open market and
a national market system and, in general, to protect investors and the
public interest.
    In particular, the Exchange believes that the proposal would remove
impediments to and perfect the mechanisms of a free and open market and
a national market system because it would provide transparency in
Exchange rules of when a CUBE Auction would conclude early. As noted
above, the rationale for an early conclusion to an Auction is to allow
the System to appropriately handle unrelated orders without the CUBE
Auction impacting that handling, and further allow a CUBE Order, which
has been guaranteed an execution, to execute against the Contra Order
and any RFR Responses that may have been entered up to that point. The
Exchange believes that concluding the Auction early as proposed is
consistent with current Rule 971.1NY(b)(1)(C), which requires the
Exchange to adjust the range of permissible executions if the same-side
BBO as the CUBE Order updates during an Auction. As already provided
for in Rule 971.1NY(c)(4)(D), an Auction concludes early if the same-
side interest would update the BBO to a price better than the
initiating price, which would have required adjusting the lower (upper)
bound of the range of permissible executions to be higher (lower) than
the initiating price to buy (sell). The Exchange believes the same
rationale applies in any circumstance when the Exchange receives during
the Auction same-side interest that would update the BBO in such a
manner as to require the lower (upper) bound of the range of
permissible executions to be adjusted to be higher (lower) than the
initiating price to buy (sell). The Exchange believes that the proposed
change is therefore consistent with the protection of investors and the
public interest because it will provide specificity in Exchange rules
when an Auction concludes early, thereby allowing both the CUBE Order
to receive its guaranteed execution and the Book to update the BBO.
    The Exchange further believes that the proposed revised
implementation schedule would remove impediments to and perfect the
mechanism of a free and open market and a national market system
because it will enable the Exchange to delay implementation of the CUBE
Auction until after this proposed rule change is effective, while also
providing time to give notice to ATP Holders of the implementation
date.

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 rule proposal is not
intended to address any competitive issues. Rather, the Exchange is
proposing to add more specificity of circumstances when an Auction
would conclude early, in a manner consistent with existing rule text.
The Exchange notes that it operates in a highly competitive market in
which market participants can readily direct order flow to competing
venues who offer similar functionality. The Exchange believes the
proposed rule change is pro-competitive because it would enable the
Exchange to provide market participants with functionality that is
similar to that of other options exchanges. The Exchange notes that not
having the CUBE Auction at the Exchange places the Exchange at a
competitive disadvantage vis-[agrave]-vis other exchanges that offer
similar price improvement mechanisms.

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 Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-NYSEMKT-2014-51 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-NYSEMKT-2014-51. 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-NYSEMKT-2014-51, and should
be submitted on or before July 10, 2014.

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

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-14312 Filed 6-18-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Notices]
[Pages 10653-10654]
[FR Doc No: 2013-03410]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68884; File No. SR-EDGA-2013-04]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
EDGA Rule 11.14 To Extend the Operation of the Single Stock Circuit
Breaker Program

February 8, 2013.
    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 January 30, 2013, EDGA Exchange, Inc. (``EDGA'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend EDGA Rule 11.14 to extend the
operation of the single stock circuit breaker pilot program (the
``Pilot'') from the current scheduled expiration date of February 4,
2013 until the earlier of the initial date of operations of the
Regulation NMS Plan to Address Extraordinary Market Volatility (the
``Plan'') or February 4, 2014. All of the changes described herein are
applicable to EDGA Members. The text of the proposed rule change is
available on the Exchange's Internet Web site at www.directedge.com, at
the Exchange's principal office, and at the Public Reference Room of
the Commission.

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

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

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

1. Purpose
    The Exchange proposes to amend EDGA Rule 11.14 to extend the
operation of the Pilot from the current scheduled expiration date of
February 4, 2013 \3\ until the earlier of the initial date of
operations of the Plan or February 4, 2014. The Pilot will continue to
operate as to individual securities until such security is subject to
the Plan.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Release No. 67501 (July 25, 2012),
77 FR 45396 (July 31, 2012) (SR-EDGA-2012-31).
---------------------------------------------------------------------------

    EDGA Rule 11.14 requires the Exchange to pause trading in an
individual security listed on the Exchange if the primary listing
market for such stock issues a trading pause. Such trading pause will
continue until trading has resumed on the primary listing market.
However, the Exchange may resume trading in such stock if trading has
not resumed on the primary listing market and ten minutes have passed
since the individual stock trading pause message has been received from
the responsible single plan processor. The Pilot was developed and
implemented as a market-wide initiative by the Exchange and other
national securities exchanges in consultation with the Securities and
Exchange Commission (the ``Commission'') staff and is currently
applicable to all NMS stocks and specified exchange-traded products.\4\
---------------------------------------------------------------------------

    \4\ The Exchange notes that the other national securities
exchanges and the Financial Industry Regulatory Authority have
adopted the Pilot in substantially similar form. See Securities
Exchange Act Release No. 62252 (June 10, 2010), 75 FR 34186 (June
16, 2010) (File Nos. SR-BATS-2010-014; SR-EDGA-2010-01; SR-EDGX-
2010-01; SR-BX-2010-037; SR-ISE-2010-48; SR-NYSE-2010-39; SR-
NYSEAmex-2010-46; SR-NYSEArca-2010-41; SR-NASDAQ-2010-061; SR-CHX-
2010-10; SR-NSX-2010-05; and SR-CBOE-2010-047) and Securities
Exchange Act Release No. 62251 (June 10, 2010), 75 FR 34183 (June
16, 2010) (SR-FINRA-2010-025). See also Securities Exchange Act
Release No. 62884 (September 10, 2010), 75 FR 56618 (September 16,
2010) (File Nos. SR-BATS-2010-018; SR-BX-2010-044; SR-CBOE-2010-065;
SR-CHX-2010-14; SR-EDGA-2010-05; SR-EDGX-2010-05; SR-ISE-2010-66;
SR-NASDAQ-2010-079; SR-NYSE-2010-49; SR-NYSEAmex-2010-63; SR-
NYSEArca-2010-61; and SR-NSX-2010-08 and Securities Exchange Act
Release No. 62883 (September 10, 2010), 75 FR 56608 (September 16,
2010) (SR-FINRA-2010-033). See also Securities Exchange Act Release
No. 63500 (December 9, 2010), 75 FR 78309 (December 15, 2010) (SR-
NYSE-2010-81). A proposal to, among other things, expand the Pilot
to include all NMS stocks not already included therein was
implemented on August 8, 2011. See Securities Exchange Act Release
No. 64735 (June 23, 2011), 76 FR 38243 (June 29, 2011) (File Nos.
SR-BATS-2011-016; SR-BYX-2011-011; SR-BX-2011-025; SR-CBOE-2011-049;
SR-CHX-2011-09; SR-EDGA-2011-15; SR-EDGX-2011-14; SR-FINRA-2011-023;
SR-ISE-2011-028; SR-NASDAQ-2011-067; SR-NYSE-2011-21; SR-NYSEAmex-
2011-32; SR-NYSEArca-2011-26; SR-NSX-2011-06; and SR-Phlx-2011-64).
---------------------------------------------------------------------------

    The extension proposed herein would allow the Pilot to continue to
operate without interruption until implementation of the Plan.\5\ The
Plan will begin initial operations on April 8, 2013.\6\ If the Plan has
an initial date of operations before February 4, 2014, the proposed
Pilot for trading pauses would expire at that time.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (File No. 4-631) (Order Approving,
on a Pilot Basis, the National Market System Plan To Address
Extraordinary Market Volatility by BATS Exchange, Inc., BATS Y-
Exchange, Inc., Chicago Board Options Exchange, Incorporated,
Chicago Stock Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange,
Inc., Financial Industry Regulatory Authority, Inc., NASDAQ OMX BX,
Inc., NASDAQ OMX PHLX LLC, The Nasdaq Stock Market LLC, National
Stock Exchange, Inc., New York Stock Exchange LLC, NYSE MKT LLC, and
NYSE Arca, Inc).
    \6\ Letter from Janet McGinness, Executive Vice President and
Corporate Secretary, NYSE Markets, to Elizabeth Murphy, Secretary,
Securities and Exchange Commission, dated January 17, 2013.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\8\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The Exchange
believes that the change proposed herein meets these requirements in
that it promotes uniformity across markets concerning decisions to
pause trading in a security when there are significant price movements,
which promotes just and equitable principles of trade and

removes impediments to, and perfects the mechanism of, a free and open
market and a national market system. Additionally, extension of the
Pilot until the earlier of the initial date of operations of the Plan
or February 4, 2014 would allow the Pilot to continue to operate
without interruption while the Exchange and the Commission further
assess the effect of the Pilot on the marketplace or whether other
initiatives should be adopted in lieu of the current Pilot, which
contributes to the protection of investors and the public interest.
---------------------------------------------------------------------------

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

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 proposed changes are
being made to extend the Pilot until the earlier of the initial date of
operations of the Plan or February 4, 2014 would allow the Pilot to
continue to operate without interruption until implementation of the
Plan, which contributes to the protection of investors and the public
interest. Other competing equity exchanges are subject to the same
trading pause requirements specified in the Plan. Thus, the proposed
changes will not impose any burden on competition while providing
trading pause requirements specified in the Plan.

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

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

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

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

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

    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\12\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because such waiver
would allow the pilot program to continue uninterrupted. Accordingly,
the Commission hereby grants the Exchange's request and designates the
proposal operative upon filing.\13\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-EDGA-2013-04 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-EDGA-2013-04. 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 publicly available. All
submissions should refer to File Number SR-EDGA-2013-04 and should be
submitted on or before March 7, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority. \14\
Kevin M. O'Neill,
Deputy Secretary.
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    \14\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2013-03410 Filed 2-13-13; 8:45 am]
BILLING CODE 8011-01-P


 [Federal Register: April 20, 2009 (Volume 74, Number 74)] [Notices]                [Page 18022-18031] [DOCID:fr20ap09-134]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

  RTCA Government/Industry Air Traffic Management Advisory  Committee

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Charter Renewal.

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SUMMARY: The FAA is issuing this notice to advise the public of the  renewal of the RTCA Charter (FAA Order 1110.77S) for two years,  effective April 2, 2011. The administrator is the sponsor of the  committee. The objective of the advisory committee is to seek solutions  to problems involving applied technology (for example, electronics,  computers, and telecommunications) to aeronautical operations that  impact the future air traffic management system. The solutions are  often about

recommended minimum operational performance standards and technical  guidance documents that are acceptable to Government, industry, and  users. Standards ensure equivalent performance of the same generic  equipment built by different manufacturers. Government regulatory and  procurement practices reference or use RTCA standards (with or without  change). The Secretary of Transportation has determined that that  information and use of committee are necessary in the public interest  in connection with the performance of duties imposed on the FAA by law.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,  Suite 805, Washington, DC, 20036; telephone<PHONE_NUMBER>; fax (202)  833-9434; Web site http://www.rtca.org or the FAA Office of Systems  Engineering & Safety, AJP-1, 800 Independence Avenue, SW., Washington,  DC: telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Steering Committee and Special Committee  meetings are open to the public and announced in the Federal Register,  except as authorized by section 10(d) of the Federal Advisory Committee  Act.

    Issued in Washington, DC, on April 13, 2009. Francisco Estrada C., RTCA Advisory Committee. BILLING CODE 4910-13-P

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[FR Doc. E9-8994 Filed 4-17-09; 8:45 am]

BILLING CODE 4910-13-C


[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Notices]
[Pages 57153-57154]
[FR Doc No: 2013-22602]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2006-0947; FRL--9901-08-OAR]

Proposed Information Collection Request; Comment Request; NOX
Budget Trading Program To Reduce the Regional Transport of Ozone
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Information Collection Request
Renewal for the NOX Budget Trading Program to Reduce the
Regional Transport of Ozone'' (EPA ICR No. 1857.06, OMB Control No.
2060-0445) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.). Before doing so, EPA is soliciting public comments on
specific aspects of the proposed information collection as described
below. This is a proposed extension of the ICR, which is currently
approved through February 28, 2014. An Agency may not conduct or
sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.

DATES: Comments must be submitted on or before November 18, 2013.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2006-0947. online using www.regulations.gov (our preferred method), by
email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Karen VanSickle, Clean Air Markets
Division, Office of Air and Radiation, (6204J), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: The NOX Budget Trading Program is a market-
based cap and trade program created to reduce emissions of nitrogen
oxides (NOX) from power plants and other large combustion
sources in the eastern United States. NOX is a prime
ingredient in the formation of ground-level ozone (smog), a pervasive
air pollution problem in many areas of the eastern United States. The
NOX Budget Trading Program was designed to reduce
NOX emissions during the warm summer months, referred to as
the ozone season, when ground-level ozone concentrations are highest.
In 2009 the program was replaced by the Clean Air Interstate Rule Ozone
Season Trading Program (CAIROS). Although the trading program was
replaced after the 2008 compliance season, this information collection
is being renewed for two reasons. First, some industrial sources in
certain States are still required to monitor and report emissions data
to EPA under these rules, so we will account for their burden. Second,
the Agency may at some future time, reinstitute the NOX
Budget Trading Program. For example, this might happen if both the CAIR
and CAIR replacement rules were vacated by the Court. All data received
by EPA will be treated as public information. An agency may not conduct
or sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
The OMB control numbers for EPA's regulations in 40 CFR are listed in
40 CFR part 9.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are those which participate in the NOX Budget
Trading Program to Reduce the Regional Transport of Ozone.

    Respondent's obligation to respond: mandatory (Sections 110(a) and
301(a) of the Clean Air Act).
    Estimated number of respondents: EPA estimates that there are 122
former NOX Budget Trading Program units that will continue
to conduct monitoring in accordance with Part 75 solely under the
NOX SIP call.
    Frequency of response: yearly, quarterly, occasionally.
    Total estimated burden: 57,586 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $7,466.951 (per year), includes $3,777,000
annualized capital or operation & maintenance costs.
    Changes in Estimates: There is no increase in hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB.

    Dated: August 29, 2013.
Reid Harvey,
Director, Clean Air Markets Division.
[FR Doc. 2013-22602 Filed 9-16-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 7, 2008 (Volume 73, Number 195)]
[Rules and Regulations]
[Page 58473-58475]
[DOCID:fr07oc08-11]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-0822]
RIN 1625-AA09

Drawbridge Operation Regulation; Okeechobee Waterway, Mile 126.3,
Olga, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is changing the operating regulations
governing the Wilson Pigott Bridge, Okeechobee Waterway mile 126.3,
Olga, Lee County, Florida. This action is necessary for worker safety
and will assist in expediting the repairs to this bridge. During the
period of this rule, the bridge will open a single-leaf on signal; a
double-leaf opening is available with a three-hour advance notice to
the bridge tender.

DATES: This rule is effective from 6 a.m. on October 7, 2008, to 6 p.m.
on February 28, 2009.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0822 and are available online at http://
www.regulations.gov. This material is also available for inspection or
copying at two locations: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays and the Commander
(dpb), Seventh Coast Guard District, 909 S.E. 1st Avenue, Room 432,
Miami, Florida 33131-3028 between 8 a.m. and 4:30 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Mr. Michael Lieberum, Seventh Coast Guard District, Bridge
Administration Branch, telephone number<PHONE_NUMBER>. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Coast Guard is issuing this temporary
final rule without prior notice and opportunity to comment pursuant to
authority under section 4(a) of the Administrative Procedure Act (APA)
(5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule
without prior notice and opportunity to comment when the agency for
good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because publishing an NPRM was impracticable and contrary to the
public interest as the rule was needed to provide for worker safety and
will assist in expediting the repairs of the bridge.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. Publishing an NPRM was
impracticable and contrary to the public interest, because the rule was
needed to provide for worker safety and will assist in expediting the
repairs of the bridge.

Background and Purpose

    33 CFR 117.317 requires that the Wilson Pigott Bridge, mile 126.3
at Olga, shall open on signal; except that, from 10 p.m. to 6 a.m. the
draw shall open on signal if at least three hours notice is given.
    Due to the repairs of the Wilson Pigott Bridge, Okeechobee Waterway
mile 126.3 at Olga, Lee County, Florida, Coastal Marine Construction,
Inc. representing the owner of the bridge, has requested that the Coast
Guard change the current operation of the Wilson Pigott Bridge. This
resulting regulation is necessary for workers safety and will assist in
expediting repairs to the Wilson Pigott Bridge. During the duration of
this temporary rule, the bridge will be required to open only a single-
leaf on signal, rather than a double-leaf. A double-leaf opening will
be available, however, with a three-hour notice to the bridge tender.
In addition, sometime between September 5, 2008, and February 29, 2009,
the bridge will be closed to navigation for an eight-hour period; the
exact times and date of the bridge closure will be published in the
Local Notice to Mariners and Broadcast Notice to Mariners. In cases of
emergency, the

bridge will be opened as soon as possible.

Discussion of Rule

    During the period of this temporary rule, the draw of the Wilson
Pigott Bridge shall open only a single-leaf on signal. Leaving one leaf
in the closed position will significantly expedite repairs to the
bridge and increase worker safety as the workers will be able to work
on the closed leaf without interruption. Double-leaf operations shall
be available if a three-hour advance notice is provided to the bridge
tender. An eight-hour bridge closure will be required during the
repairs. The exact date and times will be published in the Local Notice
to Mariners and Broadcast Notice to Mariners. The draw shall open as
soon as possible for the passage of tugs with tows, public vessels of
the United States and vessels in a situation where a delay would
endanger life or property.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    The rule allows for bridge openings during the repairs to this
bridge and all closure times will be published with adequate time for
mariners to plan accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels needing to
transit the Okeechobee Waterway in the vicinity of the Wilson Pigott
Bridge, persons intending to drive over the bridge, and nearby business
owners. The revision to the openings schedule will not have a
significant impact on a substantial number of small entities. Although
bridge openings will be restricted, vessel traffic will still be able
to transit the Okeechobee Waterway pursuant to the revised opening
schedule.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of

Management and Budget, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction that there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. Add Sec.  117.317(l) to read as follows:

Sec.  117.317  Okeechobee Waterway.

* * * * *
    (l) Wilson Pigott Bridge, Olga, Florida. (1) The draw of the Wilson
Pigott Bridge in Olga will open a single-leaf on signal with a double-
leaf available with a three-hour notice to the bridge tender. In
addition, the bridge will be closed to navigation for an eight-hour
period; the exact times and date of the bridge closure will be
published in the Local Notice to Mariners and Broadcast Notice to
Mariners.
    (2) Effective Dates. This paragraph (l) is effective from 6 a.m. on
October 7, 2008, through 6 p.m. on February 28, 2009.

    Dated: September 4, 2008.
R.S. Branham,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. E8-23602 Filed 10-6-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 84, Number 134 (Friday, July 12, 2019)]
[Notices]
[Page 33256]
[FR Doc No: 2019-14768]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9045-7]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/ nepa/.
Weekly receipt of Environmental Impact Statements
Filed 07/01/2019 Through 07/05/2019
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20190158, Final, NMFS, WA, 10 Salmon and Steelhead Hatchery
Programs in the Duwamish-Green River Basin, Review Period Ends: 08/12/
2019, Contact: Charlene Hurst<PHONE_NUMBER>.
EIS No. 20190159, Final Supplement, BLM, AZ, Ray Land Exchange Final
Supplemental Environmental Impact Statement/Proposed Plan Amendments,
Review Period Ends: 08/26/2019, Contact: Michael Werner<PHONE_NUMBER>.
EIS No. 20190160, Draft, BR, CA, Reinitiation of Consultation on the
Coordinated Long-term Operations of the Central Valley Project and the
State Water Project, Comment Period Ends: 08/26/2019, Contact: Katrina
Harrison<PHONE_NUMBER>.

    Dated: July 8, 2019.
Robert Tomiak,
Director, Office of Federal Activities.
[FR Doc. 2019-14768 Filed 7-11-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: December 1, 2009 (Volume 229, Number 74)]
[Notices]
[Page 62844]
[DOCID:fr01de09-132]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Schedule 14D-1F, OMB Control No. 3235-0376, SEC File No. 270-
338.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management Budget
for extension and approval.
    Schedule 14D-1F (17 CFR 240.14d-102) may be used by any person
making a cash tender or exchange offer for securities of any foreign
private issuer incorporated or organized under the laws of Canada or
any Canadian province or territory and the foreign private issuer has
less than 40% of the outstanding class securities that is the subject
of the offer is held by U.S. holders. Schedule 14D-1F is designed to
facilitate cross-border transactions in securities of Canadian issuers.
The information required to be filed with the Commission is intended to
permit verification of compliance with the securities law requirements
and assures the public availability of such information. Schedule 14D-
1F takes approximately 2 hours per response to prepare and is filed by
approximately 18 respondents annually for a total reporting burden of
36 hours.
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Charles Boucher, Director/
CIO, Securities and Exchange Commission, C/O Shirley Martinson, 6432
General Green Way, Alexandria, Virginia 22312; or send an e-mail to:
<EMAIL_ADDRESS>
    Dated: November 24, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-28691 Filed 11-30-09; 8:45 am]

BILLING CODE 8011-01-P