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[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47588-47590]
[FR Doc No: 2017-21998]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81828; File No. SR-NYSEAMER-2017-22]

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

October 5, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 4, 2017, NYSE American LLC (the ``Exchange'' or
``NYSE American'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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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 modify the NYSE American Options Fee
Schedule (``Fee Schedule''). The Exchange proposes to implement the fee
change effective October 4, 2017.\4\ The proposed change is available
on the Exchange's Web site at www.nyse.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.
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    \4\ The Exchange originally filed to amend the Fee Schedule on
September 29, 2017 (SR-NYSEAmer-2017-20) and withdrew such filing on
October 4, 2017.
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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 purpose of this filing is to modify the Fee Schedule, effective
October 4, 2017. Specifically, the Exchange proposes to (i) modify the
monthly rates for certain American Trading Permits (each an ``ATP'');
and (ii) reduce the Messages to Contracts Traded Ratio Fees.
Monthly ATP Fees
    NYSE American Market Makers (each, an ``MM'') must have a certain
number of ATPs each month in order to submit electronic quotations in
option issues in their appointment.\5\ The Exchange currently employs a
sliding scale for the cost to each MM per ATP, with the amount
decreasing as the number of ATPs utilized increases, as follows: \6\
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    \5\ See Fee Schedule, Section III.A. (Monthly ATP Fees),
available here, https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.
    \6\ See id. (providing, in relevant part, that ``[e]ach calendar
quarter, with a one-month lag, the Exchange will publish on its Web
site a list of the Bottom 45% of issues traded'').

------------------------------------------------------------------------
                                                     Number of issues
                                   Monthly fee    permitted in a market
            ATP type                 per ATP          makers quoting
                                                        assignment
------------------------------------------------------------------------
MM 1st ATP.....................          $8,000  60 plus the Bottom 45%.
MM 2nd ATP.....................           6,000  150 plus the Bottom
                                                  45%.
MM 3rd ATP.....................           5,000  500 plus the Bottom
                                                  45%.
MM 4th ATP.....................           4,000  1,100 plus the Bottom
                                                  45%.
MM 5th ATP.....................           3,000  All issues traded on
                                                  the Exchange.
MM 6th or more ATPs............           2,000  All issues traded on
                                                  the Exchange.
------------------------------------------------------------------------

    Thus, an MM that would like the privilege of quoting in all issues
traded on the Exchange must have at least five ATPs. And, if an MM firm
sponsors multiple individual MMs, the MM firm must pay for the
requisite number of ATPs for each individual MM to submit quotes on the
Exchange. For example, assume an MM firm has three individual MMs and
that each MM needs to be able to submit quotes in all issues traded on
the Exchange. In this example, the MM firm would have to pay for 15
ATPs (five for each individual MM).

    The Exchanges proposes to modify its monthly ATP rates such that it
will charge $2,000 for the 6th, 7th, 8th, and 9th ATP and would charge
$500 per month for the tenth or additional ATPs. The Exchange believes
that this proposed reduction in ATP fees would encourage MM firms to
have more individual MMs to quote on the Exchange, which will in turn
encourage liquidity and depth of markets.
Messages to Contracts Traded Ratio Fees
    The Exchange proposes to modify the Messages to Contracts Traded
Ratio Fees (``Messages Fee''), which are assessed as part of the
Monthly Excessive Bandwidth Utilization Fees.\7\ Currently, the
Exchange charges $0.01 per 1,000 messages (including orders or quotes)
in excess of 1.5 billion messages in a calendar month if the ATP Holder
does not execute at least 1 contract for every 1,500-5,000 messages
entered, as determined by the Exchange.\8\ The Exchange proposes to
reduce this rate from $0.01 to $0.005. The Exchange believes this
reduced rate would still encourage market participants to be rational
and efficient in the use of the Exchange's system capacity.
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    \7\ See Fee Schedule, Section II (Monthly Excessive Bandwidth
Utilization Fees) (``EBUF'') (describing both the Messages to
Contracts Traded Ratio Fee and the Order to Trade Ratio Fee, which
comprises the EBUF, and noting that if an ATP Holder is liable for
either or both fees in a given month, that firm would only be
charged the greater of the two fees). The Exchange is not modifying
the Order to Trade Ratio Fees.
    \8\ Currently, the Exchange has set the ratio at 1 contract for
every 5,000 messages.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\10\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposed change to ATP fees is
reasonable and not unfairly discriminatory because the fees are within
the general range of similar fees assessed for trading permits on other
exchanges.\11\ In addition, the proposed change relates to the cost of
ATPs for MMs and are therefore are not unfairly discriminatory to non-
MMs because only MMs are required to submit quotations as part of their
obligations to operate on the Exchange (resulting in the need for
multiple ATPs). To the extent that the proposed fee encourages MM firms
to have more individual MMs quoting on the Exchange, all market
participant would benefit from competitive quoting that would increase
opportunities to trade and enhance price discovery.
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    \11\ See Chicago Board of Options Exchange (``CBOE'') fee
schedule, Market-Maker Trading Permit Sliding Scale, p. 7, available
here, http://www.cboe.com/publish/feeschedule/CBOEFeeSchedule.pdf
(charging $5,000 per trading permit for the first ten permits); NYSE
Arca Options Fee Schedule, NYSE Arca GENERAL OPTIONS and TRADING
PERMIT (OTP) FEES, available here, https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf
(imposing a sliding scale of fees, starting at $6,000 per month for
the first trading permit down to $1,000 per month for the fifth and
additional permits).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed reduction in the
Messages Fees is reasonable, equitable, and not unfairly discriminatory
because it should still encourage market participants to be rational
and efficient in the use of the Exchange's system capacity, which
benefits all market participants. The proposed reduced fee is
reasonable because it would apply to all market participants that are
subject to the Messages Fee.

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

    In accordance with Section 6(b)(8) of the Act,\12\ the Exchange
does not believe that the proposed rule change would impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act. The Exchange believes the proposed changes to
the ATP fees are pro-competitive because the changes are consistent
with similar fees on other options exchanges.\13\ The proposed change
does not impose an undue burden on non-MMs as only MMs require multiple
ATPs to satisfy quoting obligations on the Exchange. To the extent that
the proposed change results in more competitive quoting, the proposed
change is pro-competitive and should result in increased opportunities
to trade as well as enhanced price discovery to the benefit of all
market participants.
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    \12\ 15 U.S.C. 78f(b)(8).
    \13\ See supra note 11.
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    Similarly, the changes to the Messages Fees would not place an
unfair burden on competition as it would continue to encourage
efficient use of Exchange bandwidth and would apply to all market
participants that are subject to the Messages Fee.
    To the extent that these purposes are achieved, the Exchange
believes that the proposed changes would enhance the quality of the
Exchange's markets and increase the volume of orders directed to the
Exchange. In turn, all the Exchange's market participants would benefit
from the improved market liquidity. If the proposed changes make the
Exchange a more attractive marketplace for market participants at other
exchanges, such market participants are welcome to become ATP Holders.
    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \14\ of the Act and subparagraph (f)(2) of Rule
19b-4 \15\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(2).
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    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) \16\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \16\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act.

Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAMER-2017-22 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAMER-2017-22. 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 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; 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-NYSEAMER-2017-22, and should
be submitted on or before November 2, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2017-21998 Filed 10-11-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Rules and Regulations]
[Pages 51334-51337]
[FR Doc No: 2016-18423]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31086; Amdt. No. 3704]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective August 4, 2016. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 4, 2016.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, call
202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Procedures Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained on FAA form documents is
unnecessary. This amendment provides the affected CFR sections, and
specifies the SIAPs and Takeoff Minimums and ODPs with their applicable
effective dates. This amendment also identifies the airport and its
location, the procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on July 1, 2016.
John S. Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, part 97, (14 CFR part 97), is amended by
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35   [AMENDED]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
        AIRAC date            State             City               Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
18-Aug-16................  NJ           Hammonton..........  Hammonton Muni.....       5/2106      6/22/16  VOR-B, Amdt 2A.
18-Aug-16................  NJ           Hammonton..........  Hammonton Muni.....       5/2107      6/22/16  RNAV (GPS) RWY 3, Amdt 1A.
18-Aug-16................  TN           Murfreesboro.......  Murfreesboro Muni..       5/2767      6/20/16  NDB RWY 18, Amdt 1B.
18-Aug-16................  AL           Evergreen..........  Middleton Field....       5/9975      6/15/16  RNAV (GPS) RWY 28, Amdt 1A.
18-Aug-16................  AL           Evergreen..........  Middleton Field....       5/9977      6/15/16  RNAV (GPS) RWY 10, Amdt 1A.
18-Aug-16................  AL           Evergreen..........  Middleton Field....       5/9978      6/15/16  RNAV (GPS) RWY 19, Amdt 1A.
18-Aug-16................  AL           Evergreen..........  Middleton Field....       5/9979      6/15/16  VOR/DME RWY 10, Amdt 3.
18-Aug-16................  NC           Smithfield.........  Johnston Regional..       6/0302      6/22/16  ILS Y OR LOC Y RWY 3, Amdt 1.

18-Aug-16................  KS           Topeka.............  Topeka Rgnl........       6/0612      6/20/16  ILS OR LOC RWY 31, Amdt 9F.
18-Aug-16................  KS           Topeka.............  Topeka Rgnl........       6/0613      6/20/16  NDB RWY 13, Amdt 7B.
18-Aug-16................  KS           Topeka.............  Topeka Rgnl........       6/0614      6/20/16  RNAV (GPS) RWY 13, Orig-A.
18-Aug-16................  KS           Topeka.............  Topeka Rgnl........       6/0615      6/20/16  RNAV (GPS) RWY 21, Amdt 1A.
18-Aug-16................  KS           Topeka.............  Topeka Rgnl........       6/0616      6/20/16  RNAV (GPS) RWY 3, Amdt 1A.
18-Aug-16................  KS           Topeka.............  Topeka Rgnl........       6/0617      6/20/16  RNAV (GPS) RWY 31, Orig-A.
18-Aug-16................  KS           Topeka.............  Topeka Rgnl........       6/0622      6/20/16  VOR/DME OR TACAN RWY 21, Amdt 7A.
18-Aug-16................  KS           Topeka.............  Topeka Rgnl........       6/0623      6/20/16  VOR/DME OR TACAN RWY 3, Amdt 6B.
18-Aug-16................  KS           Topeka.............  Topeka Rgnl........       6/0624      6/20/16  Takeoff Minimums and (Obstacle) DP, Orig.
18-Aug-16................  IN           Winamac............  Arens Field........       6/1100      6/15/16  VOR/DME-A, Amdt 6.
18-Aug-16................  OH           Harrison...........  Cincinnati West....       6/1575      6/21/16  RNAV (GPS) RWY 19, Orig.
18-Aug-16................  OH           Harrison...........  Cincinnati West....       6/1576      6/21/16  VOR RWY 19, Amdt 4.
18-Aug-16................  IL           Peoria.............  General Downing--         6/1640      6/15/16  ILS OR LOC RWY 13, Amdt 6E.
                                                              Peoria Intl.
18-Aug-16................  WI           East Troy..........  East Troy Muni.....       6/1764      6/15/16  VOR/DME-A, Amdt 1.
18-Aug-16................  WI           East Troy..........  East Troy Muni.....       6/1766      6/15/16  RNAV (GPS) RWY 8, Orig-A.
18-Aug-16................  WI           East Troy..........  East Troy Muni.....       6/1767      6/15/16  RNAV (GPS) RWY 26, Orig-A.
18-Aug-16................  PA           St Marys...........  St Marys Muni......       6/1822      6/22/16  RNAV (GPS) RWY 10, Amdt 1.
18-Aug-16................  PA           St Marys...........  St Marys Muni......       6/1829      6/22/16  RNAV (GPS) RWY 28, Amdt 1B.
18-Aug-16................  PA           St Marys...........  St Marys Muni......       6/1831      6/22/16  LOC/DME RWY 28, Amdt 4B.
18-Aug-16................  PA           St Marys...........  St Marys Muni......       6/1833      6/22/16  VOR RWY 28, Amdt 7A.
18-Aug-16................  WI           Amery..............  Amery Muni.........       6/2851      6/21/16  Takeoff Minimums and (Obstacle) DP, Amdt 1A.
18-Aug-16................  MO           Jefferson City.....  Jefferson City            6/3595      6/21/16  ILS OR LOC RWY 30, Amdt 5C.
                                                              Memorial.
18-Aug-16................  MO           Jefferson City.....  Jefferson City            6/3596      6/21/16  RNAV (GPS) RWY 30, Orig.
                                                              Memorial.
18-Aug-16................  MO           Jefferson City.....  Jefferson City            6/3597      6/21/16  RNAV (GPS) RWY 12, Amdt 1.
                                                              Memorial.
18-Aug-16................  OH           Elyria.............  Elyria.............       6/3625      6/21/16  VOR OR GPS-A, Amdt 7B.
18-Aug-16................  NV           Lovelock...........  Derby Field........       6/3634      6/22/16  Takeoff Minimums and (Obstacle) DP, Orig-B.
18-Aug-16................  MN           Minneapolis........  Anoka County--            6/3652      6/21/16  RNAV (GPS) RWY 27, Orig-A.
                                                              Blaine Arpt (Janes
                                                              Field).
18-Aug-16................  WI           Solon Springs......  Solon Springs Muni.       6/4068      6/15/16  RNAV (GPS) RWY 19, Orig.
18-Aug-16................  NE           Omaha..............  Eppley Airfield....       6/4778      6/22/16  ILS OR LOC/DME RWY 14L, Amdt 1C.
18-Aug-16................  NE           Omaha..............  Eppley Airfield....       6/4782      6/22/16  ILS OR LOC RWY 32R, ILS RWY 32R (CAT II),
                                                                                ILS 32R (CAT III), Orig-D.
18-Aug-16................  NE           Omaha..............  Eppley Airfield....       6/4784      6/22/16  RNAV (GPS) Y RWY 14L, Amdt 1B.
18-Aug-16................  OK           Poteau.............  Robert S Kerr......       6/4841      6/15/16  RNAV (GPS) RWY 18, Orig-B.
18-Aug-16................  TX           Eagle Pass.........  Maverick County           6/4945      6/15/16  RNAV (GPS) RWY 31, Orig.
                                                              Memorial Intl.
18-Aug-16................  IN           Auburn.............  De Kalb County.....       6/5467      6/21/16  RNAV (GPS) RWY 9, Orig-C.
18-Aug-16................  MO           Trenton............  Trenton Muni.......       6/6403      6/15/16  RNAV (GPS) RWY 18, Orig-A.
18-Aug-16................  MO           Cape Girardeau.....  Cape Girardeau Rgnl       6/6659      6/15/16  LOC/DME BC RWY 28, Amdt 8A.
18-Aug-16................  NY           Montgomery.........  Orange County......       6/6840      6/20/16  RNAV (GPS) RWY 21, Amdt 1.
18-Aug-16................  NY           Montgomery.........  Orange County......       6/6841      6/20/16  RNAV (GPS) RWY 26, Amdt 1A.
18-Aug-16................  NY           Montgomery.........  Orange County......       6/6842      6/20/16  RNAV (GPS) RWY 3, Amdt 1.
18-Aug-16................  NY           Montgomery.........  Orange County......       6/6843      6/20/16  RNAV (GPS) RWY 8, Amdt 1.
18-Aug-16................  NY           Montgomery.........  Orange County......       6/6862      6/20/16  ILS OR LOC RWY 3, Amdt 3C.
18-Aug-16................  ME           Brunswick..........  Brunswick Executive       6/6996      6/15/16  RNAV (GPS) RWY 1R, Amdt 1.
18-Aug-16................  NE           Hartington.........  Hartington Muni/Bud       6/7000      6/15/16  VOR/DME RWY 31, Orig-B.
                                                              Becker Fld.
18-Aug-16................  VA           Front Royal........  Front Royal--Warren       6/7066      6/20/16  RNAV (GPS)-A, Orig-A.
                                                              County.
18-Aug-16................  VA           Front Royal........  Front Royal--Warren       6/7067      6/22/16  VOR (GPS)-B, Orig-A.
                                                              County.
18-Aug-16................  TN           Nashville..........  Nashville Intl.....       6/7096      6/15/16  ILS OR LOC/DME RWY 2R, ILS RWY 2R (SA CAT
                                                                                I), ILS RWY 2R (CAT II), ILD RWY 2R (CAT
                                                                                III), Amdt 8A.
18-Aug-16................  TN           Nashville..........  Nashville Intl.....       6/7097      6/15/16  VOR/DME RWY 13, Amdt 13C.
18-Aug-16................  GA           Lawrenceville......  Gwinnett County--         6/7926      6/20/16  NDB RWY 25, Amdt 1A.
                                                              Briscoe Field.
18-Aug-16................  GA           Lawrenceville......  Gwinnett County--         6/7927      6/20/16  RNAV (GPS) RWY 25, Orig-B.
                                                              Briscoe Field.
18-Aug-16................  GA           Lawrenceville......  Gwinnett County--         6/7928      6/20/16  RNAV (GPS) RWY 7, Orig-A.
                                                              Briscoe Field.
18-Aug-16................  GA           Lawrenceville......  Gwinnett County--         6/7930      6/20/16  RNAV (GPS)-A, Orig-A.
                                                              Briscoe Field.

18-Aug-16................  TX           Port Isabel........  Port Isabel--             6/8476      6/21/16  Takeoff Minimums and (Obstacle) DP, Amdt 2.
                                                              Cameron County.
18-Aug-16................  WI           Rhinelander........  Rhinelander--Oneida       6/8728      6/15/16  ILS OR LOC RWY 9, Amdt 8A.
                                                              County.
18-Aug-16................  WI           Rhinelander........  Rhinelander--Oneida       6/8730      6/15/16  RNAV (GPS) RWY 15, Amdt 1A.
                                                              County.
18-Aug-16................  WI           Rhinelander........  Rhinelander--Oneida       6/8735      6/15/16  RNAV (GPS) RWY 27, Amdt 1A.
                                                              County.
18-Aug-16................  WI           Rhinelander........  Rhinelander--Oneida       6/8736      6/15/16  VOR/DME RWY 27, Orig-F.
                                                              County.
18-Aug-16................  WI           Rhinelander........  Rhinelander--Oneida       6/8789      6/15/16  RNAV (GPS) RWY 33, Amdt 1.
                                                              County.
18-Aug-16................  IL           Moline.............  Quad City Intl.....       6/8933      6/15/16  RNAV (GPS) RWY 13, Amdt 1A.
18-Aug-16................  WI           Rhinelander........  Rhinelander--Oneida       6/9593      6/15/16  RNAV (GPS) RWY 9, Amdt 1A.
                                                              County.
18-Aug-16................  MO           Mountain Grove.....  Mountain Grove            6/9743      6/15/16  RNAV (GPS) RWY 26, Orig-A.
                                                              Memorial.
18-Aug-16................  MO           Mountain Grove.....  Mountain Grove            6/9744      6/15/16  RNAV (GPS) RWY 8, Orig.
                                                              Memorial.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-18423 Filed 8-3-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 11 (Thursday, January 16, 2014)]
[Rules and Regulations]
[Pages 2777-2779]
[FR Doc No: 2014-00740]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 240 and 249

[Release No. 34-71288; File No. S7-45-10]
RIN 3235-AK86

Registration of Municipal Advisors; Temporary Stay of Final Rule

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; stay.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is
staying temporarily Rules 15Ba1-1 through 15Ba1-8 and Rule 15Bc4-1
(``Rules'') under the Securities Exchange Act of 1934 and Forms MA, MA-
I, MA-W, and MA-NR (``Forms'') until July 1, 2014 and making
conforming, non-substantive amendments to Rule 15Ba1-8 regarding
recordkeeping requirements to conform the dates referenced in certain
provisions of that rule to the July 1, 2014 date (the ``Amendment'').
The effective date for the Rules and Forms was January 13, 2014. This
stay of the Rules and Forms means that persons are not required to
comply with the Rules and Forms until July 1, 2014. The Amendment is
the only action the Commission is taking in this release with respect
to the Rules and Forms. Therefore, the phased-in compliance period that
begins on July 1, 2014, for the requirement to use the Forms to
register as municipal advisors under the Rules remains unchanged.

DATES: Effective January 13, 2014, 17 CFR 240.15Ba1-1 through 15Ba1-8
and 240.15Bc4-1 and 17 CFR 249.1300, 249.1310, 249.1320, and 249.1330
are stayed until July 1, 2014.

FOR FURTHER INFORMATION CONTACT: John Cross, Director; Jessica Kane,
Senior Special Counsel to the Director; Rebecca Olsen, Attorney Fellow;
Mary Simpkins, Senior Special Counsel; Edward Fierro, Attorney-Adviser;
or Cori Shepherd, Attorney-Adviser; Office of Municipal Securities,
Securities and Exchange Commission, 100 F Street NE., Washington, DC
20549-7010. Contact phone number:<PHONE_NUMBER>

SUPPLEMENTARY INFORMATION:

I. Discussion

    Section 15B(a)(1) of the Exchange Act,\1\ as amended by Section
975(a)(1)(B) of the Dodd-Frank Act,\2\ makes it unlawful for a
municipal advisor to provide advice to or on behalf of a municipal
entity or obligated person with respect to municipal financial products
or the issuance of municipal securities, or to undertake a solicitation
of a municipal entity or obligated person, unless the municipal advisor
is registered with the Commission. Section 15B(a)(2) of the Exchange
Act,\3\ as amended by Section 975(a)(2) of the Dodd-Frank Act, provides
that a municipal advisor may be registered by filing with the
Commission an application for registration in such form and containing
such information and documents concerning the municipal advisor and any
person associated with the municipal advisor as the Commission by rule
may prescribe as necessary or appropriate in the public interest or for
the protection of investors.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78o-4(a)(1).
    \2\ Public Law 111-203, 124 Stat. 1376 (2010).
    \3\ 15 U.S.C. 78o-4(a)(2).
---------------------------------------------------------------------------

    On September 20, 2013, the Commission issued Rules and Forms to
provide for municipal advisor registration under a permanent
registration regime.\4\ The effective date for the Rules and Forms was
January 13, 2014. The Commission provided a phased-in compliance
period, beginning on July 1, 2014, for the requirement to use the Forms
to register as municipal advisors under the Rules. Municipal advisors
currently are subject to the statutory regime under Section 15B of the
Exchange Act, which imposes on municipal advisors a fiduciary duty to
municipal entities, and the temporary registration regime under which
municipal advisors are required to

register with the Commission on Form MA-T under the interim final
temporary Rule 15Ba2-6T.
---------------------------------------------------------------------------

    \4\ See Registration of Municipal Advisors, Release No. 34-70462
(September 20, 2013), 78 FR 67467 (November 12, 2013), available at
http://www.sec.gov/rules/final/2013/34-70462.pdf (the ``Adopting
Release'').
---------------------------------------------------------------------------

    Market participants have requested additional time before the Rules
and Forms apply to them to address a number of issues regarding
implementation of and compliance with the Rules, including, among other
things, adapting their policies and procedures, developing supervisory
practices and internal controls, adapting their account and investment
tracking systems, developing recordkeeping procedures, adapting their
business models and practices, educating their personnel with respect
to this regulatory regime, and developing training programs to
establish effective compliance with the Rules.\5\
---------------------------------------------------------------------------

    \5\ See letters from Mike Nicholas, Chief Executive Officer,
Bond Dealers of America, dated November 8, 2013; Karen L. Barr,
General Counsel, Investment Adviser Association; Laura L. Grossman,
Assistant General Counsel, Investment Adviser Association; Timothy
W. Cameron, Managing Director, Asset Management Group, Securities
Industry and Financial Markets Association; and Matthew J. Nevins,
Managing Director and Associate General Counsel, Asset Management
Group, Securities Industry and Financial Markets Association, dated
January 2, 2014; Leslie M. Norwood, Managing Director and Associate
General Counsel, Securities Industry and Financial Markets
Association, dated January 9, 2014; and Cristeena Naser, Vice
President and Senior Counsel, Center for Securities, Trust &
Investments, American Bankers Association, dated January 10, 2014.
---------------------------------------------------------------------------

    Pursuant to the Amendment, the Commission is staying temporarily
the Rules and Forms until July 1, 2014 and making conforming, non-
substantive amendments to Rule 15Ba1-8 regarding recordkeeping
requirements to conform the dates referenced in certain provisions of
that rule to the July 1, 2014 date. The effective date for the Rules
and Forms was January 13, 2014. This stay of the Rules and Forms means
that persons are not required to comply with the Rules and Forms until
July 1, 2014. The Amendment is the only action the Commission is taking
in this release with respect to the Rules and Forms.\6\
---------------------------------------------------------------------------

    \6\ The Commission is not reopening these Rules and Forms, which
were previously adopted as a result of the new registration
requirement in Section 975 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (``Dodd-Frank Act'').
---------------------------------------------------------------------------

    To provide certainty about the status of the Rules and Forms
pending publication in the Federal Register of this release fully
staying the Rules and Forms until July 1, 2014, an exemption from the
Rules and Forms is hereby ORDERED under Section 36 of the Exchange Act
until such publication. For the reasons discussed throughout the
release regarding the need to provide market participants additional
time to comply with the Rules, the Commission believes that providing
this temporary exemption is necessary and appropriate in the public
interest and is consistent with the protection of investors.
    The Amendment will provide market participants with a limited
amount of additional time to analyze, implement and comply with the
Rules.\7\ The Commission believes that the temporary stay period
appropriately balances the goals of protecting municipal entities,
enhancing the quality of municipal advice, and protecting investors in
the municipal securities market through an effective municipal advisor
registration regime while providing appropriate relief to industry
participants that need additional time to understand the scope and
application of the Rules and to implement effective compliance with the
Rules. The Commission also believes that the stay of the Rules and
Forms until July 1, 2014 pursuant to the Amendment is appropriate since
July 1, 2014 is the first day of the phased-in compliance period for
municipal advisors to comply with the requirement to register as
municipal advisors using the Forms under the Rules.
---------------------------------------------------------------------------

    \7\ See Exchange Act Rule 15Ba1-8(a)(3)(ii), (a)(6), (a)(7)(ii),
and (b)(2). The Commission also notes that, on January 10, 2014, the
staff in the Office of Municipal Securities provided staff guidance,
in the form of frequently asked questions (``FAQs''), to address
certain questions relating to the advice standard in general, the
exemption for responses to requests for proposals and requests for
qualifications, the independent registered municipal advisor
exemption, the registered investment adviser exclusion, the
underwriter exclusion, advice in situations after a municipal
securities issuance, remarketing agent services, opinions by
citizens in public discourse, the effective date for the Rules, and
the compliance period for registering using the final registration
forms under the Rules. See Registration of Municipal Advisors
Frequently Asked Questions (January 10, 2014), available at http://www.sec.gov/info/municipal/mun-advisors-faqs.pdf.
---------------------------------------------------------------------------

    The Administrative Procedure Act (``APA'') generally requires an
agency to publish notice of a proposed rulemaking in the Federal
Register.\8\ This requirement does not apply, however, if the agency
``for good cause finds (and incorporates the finding and a brief
statement of reasons therefor in the rules issued) that notice and
public procedure thereon are impracticable, unnecessary, or contrary to
the public interest.'' \9\ The Rules and Forms are effective beginning
January 13, 2014, but the Commission has been made aware of the need
for additional time for market participants to analyze, implement, and
comply with the Rules, and thus is taking immediate action. In
addition, the Commission notes that the Amendment only stays the Rules
and Forms until July 1, 2014 and makes conforming, non-substantive date
changes. It does not substantively change the Rules and Forms that were
subject to notice and public comment and discussed in the Adopting
Release. The Amendment merely preserves the status quo until July 1,
2014, which will provide municipal advisors and other municipal market
participants with additional time to analyze, implement, and comply
with the Rules. For these reasons, and the reasons discussed throughout
this release, the Commission believes that there is good cause to act
now to stay the Rules and Forms to July 1, 2014 and to make conforming,
non-substantive date changes, and to find that notice and solicitation
of comment on the stay is impracticable, unnecessary, or contrary to
the public interest.\10\
---------------------------------------------------------------------------

    \8\ See 5 U.S.C. 553(b).
    \9\ See 5 U.S.C. 553(b)(3)(B).
    \10\ This finding also satisfies the requirements of 5 U.S.C.
808(2), allowing the rule amendments to become effective
notwithstanding the requirements of 5 U.S.C. 801 (if a federal
agency finds that notice and public comment are ``impracticable,
unnecessary, or contrary to the public interest,'' a rule ``shall
take effect at such time as the Federal agency promulgating the rule
determines''). Because the Commission is not publishing the rule
amendments in a notice of proposed rulemaking, no analysis is
required under the Regulatory Flexibility Act. See 5 U.S.C. 601(2)
(for purposes of the Regulatory Flexibility Act, the term ``rule''
means any rule for which the agency publishes a general notice of
proposed rulemaking).
---------------------------------------------------------------------------

    The APA also generally requires that an agency publish a
substantive rule in the Federal Register not less than 30 days before
its effective date.\11\ This requirement, however, does not apply if
the agency finds good cause and publishes such cause with the rule.\12\
As noted above, the Rules and Forms are effective beginning January 13,
2014, but there is a need for immediate action by the Commission to
provide additional time for market participants to analyze, implement,
and comply with the Rules. In addition, this Amendment only stays the
Rules and Forms until July 1, 2014 and makes conforming, non-
substantive date changes. For these reasons, and the reasons discussed
throughout this release, the Commission finds good cause not to delay
the effective date of the stay.
---------------------------------------------------------------------------

    \11\ See 5 U.S.C. 553(d).
    \12\ See 5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------

    The Rules and Forms contain ``collection of information''
requirements as defined by the Paperwork Reduction Act of 1995, as
amended (``PRA''), but the Commission believes that the Amendment only
stays the Rules and Forms until July 1, 2014 and makes conforming, non-
substantive date changes. It does not substantively change the Rules
and Forms. In this

regard, the Commission does not believe that this Amendment would
require any new or additional ``collection of information'' as such
term is defined in the PRA and will not impose any new burdens or costs
upon municipal advisors.
    The Commission is sensitive to the costs and benefits of its rules.
Section 3(f) of the Exchange Act requires the Commission, whenever it
engages in rulemaking and is required to consider or determine whether
an action is necessary or appropriate in the public interest, to
consider, in addition to the protection of investors, whether the
action would promote efficiency, competition, and capital
formation.\13\ In addition, Section 23(a)(2) of the Exchange Act
requires the Commission, when making rules under the Exchange Act, to
consider the impact such rules would have on competition.\14\ Section
23(a)(2) of the Exchange Act prohibits the Commission from adopting any
rule that would impose a burden on competition not necessary or
appropriate in furtherance of the purposes of the Exchange Act.\15\
---------------------------------------------------------------------------

    \13\ See 15 U.S.C. 78c(f).
    \14\ See 15 U.S.C. 78w(a)(2).
    \15\ See 15 U.S.C. 78w(a)(2).
---------------------------------------------------------------------------

    As discussed above, the Amendment only stays the Rules and Forms to
July 1, 2014 and makes conforming, non-substantive date changes. It
does not substantively change the Rules and Forms. The temporary
registration regime currently in effect serves as the economic baseline
against which the costs and benefits, as well as the impact on
efficiency, competition, and capital formation, of the Amendment are
measured.
    In the Adopting Release, the Commission discussed the costs and
benefits of the temporary registration regime and the current state of
the municipal advisor market.\16\ Since the Commission is only staying
the Rules and Forms until July 1, 2014 and making conforming, non-
substantive date changes, and is not substantively changing any of the
Rules or Forms, the Commission believes the discussion of the temporary
registration regime in the Adopting Release applies and the Commission
does not expect additional significant costs or effects on efficiency,
competition, or capital formation to result from the stay. The
Commission also continues to believe that the Rules and Forms, as
stayed, will not result in a burden on competition not necessary or
appropriate in furtherance of the purposes of the Exchange Act.
---------------------------------------------------------------------------

    \16\ See Adopting Release, supra note 4, at Section VIII.C.
---------------------------------------------------------------------------

    The Commission considered the alternatives of not staying the Rules
and Forms, or providing a longer or shorter stay period. However, for
the reasons discussed above, the Commission believes that providing the
temporary stay until July 1, 2014 appropriately balances the goals of
protecting municipal entities, enhancing the quality of municipal
advice, and protecting investors in the municipal securities market
through an effective municipal advisor registration regime while
providing appropriate relief to industry participants that need
additional time to understand the scope and application of the Rules
and to implement effective compliance with the Rules.

II. Statutory Authority and Text of Rule and Amendments

    Pursuant to the Exchange Act, and particularly Sections 15B (15
U.S.C. 78o-4,) and Section 36 (15 U.S.C. 78mm(a)), the Commission is
amending Sec.  240.15Ba1-8 as set forth below.

List of Subjects in 17 CFR Part 240

    Reporting and recordkeeping requirements.

Text of Rule and Amendments

    For the reasons set out above, Title 17, Chapter II of the Code of
Federal Regulations is amended as follows:

PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934

0
1. The general authority citation for part 240 continues to read as
follows:

    Authority:  15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i,
78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o, 78o-4, 78p, 78q,
78q-1, 78s, 78u-5, 78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29,
80a-37, 80b-3, 80b-4, 80b-11, and 7201 et seq.; 18 U.S.C. 1350; and
12 U.S.C. 5221(e)(3) unless otherwise noted.
* * * * *

Sec.  240.15Ba1-8  [Amended]

0
2. Section 240.15Ba1-8 is amended:
0
a. In paragraph (a)(3)(ii), by removing the phrase ``January 13, 2014''
and adding in its place ``July 1, 2014'';
0
b. In paragraph (a)(6), by removing the phrase ``January 13, 2014'' and
adding in its place ``July 1, 2014'';
0
c. In paragraph (a)(7)(ii), by removing the phrase ``January 13, 2014''
and adding in its place ``July 1, 2014'';
0
d. In paragraph (b)(2), by removing the phrase ``January 13, 2014'' and
adding in its place ``July 1, 2014''.

Sec. Sec.  240.15Ba1-1 through 240.15Ba1-8  [Stayed]

0
3. Sections 240.15Ba1-1 through 240.15Ba1-8 are stayed until July 1,
2014.

Sec.  240.15Bc4-1  [Stayed]

0
4. Section 240.15Bc4-1 is stayed until July 1, 2014.

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
5. The general authority citation for part 249 continues to read as
follows:

    Authority:  15 U.S.C. 78a et seq. and 7201 et seq.; 12 U.S.C.
5461 et seq.; and 18 U.S.C. 1350, unless otherwise noted.
* * * * *

Sec. Sec.  249.1300, 249.1310, 249.1320, and 249.1330  [Stayed]

0
6. Sections 249.1300, 249.1310, 249.1320, and 249.1330 are stayed until
July 1, 2014.

    Dated: January 13, 2014.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2014-00740 Filed 1-13-14; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63225-63226]
[FR Doc No: 2013-24832]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0001]

Ear, Nose and Throat Devices Panel of the Medical Devices
Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Ear, Nose and Throat Devices Panel of the
Medical Devices Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on November 8, 2013, from 8
a.m. to 6 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Building
31 Conference Center, the Great Room (rm. 1503), Silver Spring, MD
20993-0002. Information regarding special accommodations due to a
disability, visitor parking, and transportation may be accessed at:
http://www.fda.gov/AdvisoryCommittees/default.htm; under the heading
``Resources for You,'' click on ``Public Meetings at the FDA White Oak
Campus.'' Please note that visitors to the White Oak Campus must enter
through Building 1.

    For those unable to attend in person, the meeting will also be
Webcast. The Webcast will be available at the following link: https://collaboration.fda.gov/entdevices.
    Contact Person: Natasha Facey, Center for Devices and Radiological
Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
66, rm. 1544, Silver Spring, MD 20993,<PHONE_NUMBER>,
<EMAIL_ADDRESS>or FDA Advisory Committee Information Line,
1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). A notice in
the Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.
    Agenda: On November 8, 2013, the committee will discuss, make
recommendations, and vote on information regarding the premarket
approval (PMA) application for the Nucleus[supreg] HybridTM
L24 Implant System sponsored by Cochlear Americas. The proposed
Indications for Use for the Nucleus[supreg] HybridTM L24
Implant System (as stated in the PMA) is as follows:
    The Nucleus[supreg] HybridTM L24 Implant System is
intended for patients aged 18 years and older who have residual low-
frequency hearing sensitivity and bilateral severe to profound high
frequency sensorineural hearing loss, and who obtain limited benefit
from bilateral hearing aids.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
October 31, 2013. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. Those individuals interested in
making formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before October 22, 2013. Time allotted
for each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by October 24, 2013.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact AnnMarie Williams at
<EMAIL_ADDRESS>or<PHONE_NUMBER> at least 7 days in
advance of the meeting. Requests for sign language interpretation or
Communication Access Realtime Translation (CART)/captioning must be
made 2 weeks in advance of the meeting, no later than October 25, 2013.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: October 18, 2013.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2013-24832 Filed 10-22-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Rules and Regulations]
[Pages 66607-66609]
[FR Doc No: 2018-28116]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No.FAA-2018-0918; Notice No. 23-291-SC]

Special Conditions: Innovative Solutions & Support, Inc.; Textron
Aviation, Inc. Model B200-Series Airplanes; Autothrust Functions

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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

SUMMARY: These special conditions are issued for Textron Aviation, Inc.
B200-series airplanes. These airplanes as modified by Innovative
Solutions & Support, Inc., will have a novel or unusual design feature
associated with an autothrust system. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These special conditions contain the additional
safety standards the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

DATES: These special conditions are effective December 27, 2018.

FOR FURTHER INFORMATION CONTACT: Jeff Pretz, AIR-691, Regulations &
Policy Section, Small Airplane Standards Branch, Policy & Innovation
Division, Aircraft Certification Service, Federal Aviation
Administration, 901 Locust; Kansas City, Missouri 64106; telephone
(816) 329-3239; facsimile<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On December 14, 2017, Innovative Solutions & Support, Inc.
(Innovative Solutions), applied for a supplemental type certificate for
installation of an autothrust system (ATS)--also known as an
autothrottle system--in Textron Aviation, Inc., (Textron) B200-series
airplanes. The B200-series airplanes are powered by two Pratt & Whitney
PT6A turbo-propeller engines--depending on airplane model--that can
carry thirteen passengers, including two flightcrew members. These
airplanes have a service ceiling up to 35,000-feet and a maximum
takeoff weight of up to 12,500 pounds in the normal category. These
airplanes are approved for single-pilot operation.
    The installation of an ATS in Textron B200-series airplanes is
intended to reduce pilot workload. The ATS is useable in all phases of
flight except below decision height on approach. The system includes
torque control and airspeed modes along with monitors to prevent the
system from exceeding critical engine or airspeed limits. Throttle
movement is provided by a stepper motor acting through a linear
actuator, which acts as a link between the stepper motor and throttle.
The liner actuator can be overridden by pilot movement of the throttle
and automatically disengages upon disagreement in the expected throttle
position versus its actual position.
    Section 23.1329, amendment 23-49, only contained requirements for
automatic pilot systems that act on the airplane flight controls.
Autothrust systems are automatic systems that act on the thrust
controls. These systems provide enhanced automation and safety, but may
also introduce pilot confusion, countering the safety benefit.
Transport Airplane regulation 14 CFR 25.1329, amendment 25-119,
addresses these concerns. Therefore, these special conditions are based
on Sec.  25.1329 and provide additional requirements to standardize the
pilot interface and system behavior and enhance pilot awareness of
system active and armed modes.

Type Certification Basis

    Under the provisions of Sec.  21.101, Innovative Solutions must
show that B200-series airplanes, as changed, continue to meet the
applicable provisions of the regulations incorporated by reference in
Type Certificate (TC) No. A24CE \2\ or the applicable regulations in
effect on the date of application for the change. The regulations
incorporated by reference in the type certificate are commonly referred
to as the ``original type certification basis.'' The regulations
incorporated by reference in TC No. A24CE are as follows: 14 CFR part
23, amendments 23-1 through 23-9, plus various later part 23
amendments--depending on the model and serial number of the airplane--
as noted on Type Certification Data Sheet A24CE.
---------------------------------------------------------------------------

    \2\ See http://rgl.faa.gov/.
---------------------------------------------------------------------------

    If the Administrator finds the applicable airworthiness regulations
(i.e., 14 CFR part 23) do not contain adequate or appropriate safety
standards for B200-series airplanes because of a novel or unusual
design feature, special conditions are prescribed under the provisions
of Sec.  21.16.
    Special conditions are initially applicable to the model(s) for
which they are issued. Should the applicant apply for a supplemental
type certificate to modify any other model included on

the same type certificate to incorporate the same or similar novel or
unusual design feature, the FAA would apply these special conditions to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, B200-series airplanes must comply with the fuel vent and
exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    Textron B200-series airplanes will incorporate the following novel
or unusual design features:
    Autothrust system, which provides commands to two linear actuators,
one attached to each throttle lever, that automatically control thrust
on each engine. The autothrust system can be operated in either Torque
Control Mode or Airspeed Mode.

Discussion

    The part 23 airworthiness regulations in the type certification
basis do not contain appropriate safety standards for an ATS
installation; hence, the need for special conditions. However, part 25
regulations contain appropriate airworthiness standards; therefore,
these special conditions are derived from Sec.  25.1329, amendment 25-
119. Sections 23.143, amendment 23-50, and 23.1309, amendment 23-62,
would be used instead of the corresponding part 25 regulations
referenced in Sec.  25.1329.

Discussion of Comments

    Notice of proposed special conditions No. 23-18-03-SC for Textron
B200-series airplanes was published in the Federal Register on October
26, 2018.\3\ We received comments from two commenters.
---------------------------------------------------------------------------

    \3\ See 83 FR 54057.
---------------------------------------------------------------------------

    An individual commenter requested that we clarify the wording of or
include definitions for ``normal,'' rare-normal,'' and ``non-normal''
conditions to establish a clear intent relating to the probability of
significant transients instead of using 14 CFR part 25 language. In
support of this request, the commenter stated that because the special
conditions do not define ``normal,'' ``rare-normal,'' and ``non-
normal'' conditions in reference to allowable transients, this results
in an undefined probability of ``non-fatal injuries'' as contained in
the significant transient definition in paragraph 1(l)(2) of the
proposed special condition.
    We agree and clarify the terms ``normal,'' ``rare-normal,'' and
``non-normal'' in these special conditions. These terms are defined in
Advisory Circular 25.1329-1C, ``Approval of Flight Guidance Systems.''
Retaining common terms and definitions--when possible--across product
lines for standardization are beneficial to all stakeholders. We have
added footnotes to the terms in the special conditions language to
identify where the definitions may be found.
    Another individual commenter supports these special conditions.
However, the commenter requests specific information about the safety
hazards.
    Additional information about safety hazards and the considerations
that should be made when conducting a safety assessment may also be
found in Advisory Circular 25.1329-1C. We did not make any changes to
the proposed special conditions based on this comment.
    Except for the change previously discussed, these special
conditions are adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to
Textron B200-series airplanes. Should Innovative Solutions apply at a
later date for a supplemental type certificate to modify any other
model included on TC No. A24CE to incorporate the same novel or unusual
design feature, the FAA would apply these special conditions to that
model as well.
    Under standard practice, the effective date of final special
conditions would be 30 days after the date of publication in the
Federal Register; however, as the supplemental type certification date
for the Textron Aviation B200 series airplanes is imminent, pursuant to
5 U.S.C. 553(d) the FAA finds that good cause exists to make these
special conditions effective upon issuance.

Conclusion

    This action affects only certain novel or unusual design features
on one model series of airplanes. It is not a rule of general
applicability and it affects only the applicant who applied to the FAA
for approval of these features on the airplane.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44704,
Pub. L. 113-53, 127 Stat. 584 (49 U.S.C. 44704) note.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Textron Aviation, Inc., B200-series
airplanes, as modified by Innovative Solutions & Support, Inc.

1. Autothrottle System

    In addition to the requirements of Sec. Sec.  23.143, 23.1309, and
23.1329, the following apply:
    (a) Quick disengagement controls for the autothrust functions must
be provided for each pilot. The autothrust quick disengagement controls
must be located on the thrust control levers. Quick disengagement
controls must be readily accessible to each pilot while operating the
thrust control levers.
    (b) The effects of a failure of the system to disengage the
autothrust functions when manually commanded by the pilot must be
assessed in accordance with the requirements of Sec.  23.1309.
    (c) Engagement or switching of the flight guidance system, a mode,
or a sensor may not cause the autothrust system to affect a transient
response that alters the airplane's flight path any greater than a
minor transient, as defined in paragraph 1(l)(1) of this section.
    (d) Under normal conditions,\4\ the disengagement of any automatic
control function of a flight guidance system may not cause a transient
response of the airplane's flight path any greater than a minor
transient.
---------------------------------------------------------------------------

    \4\ Normal conditions are defined in Advisory Circular 25.1329-
1C, Approval of Flight Guidance Systems. You may find a copy of this
document at http://rgl.faa.gov/.
---------------------------------------------------------------------------

    (e) Under rare normal and non-normal conditions,\5\ disengagement
of any automatic control function of a flight guidance system may not
result in a transient any greater than a significant transient, as
defined in paragraph 1(l)(2) of this section.
---------------------------------------------------------------------------

    \5\ Rare normal and non-normal conditions are defined in
Advisory Circular 25.1329-1C, Approval of Flight Guidance Systems.
You may find a copy of this document at http://rgl.faa.gov/.
---------------------------------------------------------------------------

    (f) The function and direction of motion of each command reference
control, such as heading select or vertical speed, must be plainly
indicated on, or adjacent to, each control if necessary to prevent
inappropriate use or confusion.
    (g) Under any condition of flight appropriate to its use, the
flight guidance system may not produce

hazardous loads on the airplane, nor create hazardous deviations in the
flight path. This applies to both fault-free operation and in the event
of a malfunction, and assumes the pilot begins corrective action within
a reasonable period of time.
    (h) When the flight guidance system is in use, a means must be
provided to avoid excursions beyond an acceptable margin from the speed
range of the normal flight envelope. If the airplane experiences an
excursion outside this range, a means must be provided to prevent the
flight guidance system from providing guidance or control to an unsafe
speed.
    (i) The flight guidance system functions, controls, indications,
and alerts must be designed to minimize flight crew errors and
confusion concerning the behavior and operation of the flight guidance
system. Means must be provided to indicate the current mode of
operation, including any armed modes, transitions, and reversions.
Selector switch position is not an acceptable means of indication. The
controls and indications must be grouped and presented in a logical and
consistent manner. The indications must be visible to each pilot under
all expected lighting conditions.
    (j) Following disengagement of the autothrust function, a caution
(visual and auditory) must be provided to each pilot.
    (k) During autothrust operation, it must be possible for the
flightcrew to move the thrust levers without requiring excessive force.
The autothrust may not create a potential hazard when the flightcrew
applies an override force to the thrust levers.
    (l) For purposes of this section, a transient is a disturbance in
the control or flight path of the airplane that is not consistent with
response to flight crew inputs or environmental conditions.
    (1) A minor transient would not significantly reduce safety margins
and would involve flightcrew actions that are well within their
capabilities. A minor transient may involve a slight increase in flight
crew workload or some physical discomfort to passengers or cabin crew.
    (2) A significant transient may lead to a significant reduction in
safety margins, an increase in flight crew workload, discomfort to the
flightcrew, or physical distress to the passengers or cabin crew,
possibly including non-fatal injuries. Significant transients do not
require, in order to remain within or recover to the normal flight
envelope, any of the following:
    (i) Exceptional piloting skill, alertness, or strength.
    (ii) Forces applied by the pilot that are greater than those
specified in Sec.  23.143(c).
    (iii) Accelerations or attitudes in the airplane that might result
in further hazard to secured or non-secured occupants.

    Issued in Kansas City, Missouri on December 17, 2018.
Pat Mullen,
Manager, Small Airplane Standards Branch, Aircraft Certification
Service.
[FR Doc. 2018-28116 Filed 12-26-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: January 18, 2008 (Volume 73, Number 13)]
[Notices]
[Page 3489-3490]
[DOCID:fr18ja08-84]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0011]

Federal Advisory Council on Occupational Safety and Health

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Reopening of the record for submission of nominations for
membership on the Federal Advisory Council on Occupational Safety and
Health (FACOSH).

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SUMMARY: On December 10, 2007, OSHA published a Federal Register notice
inviting interested parties to submit nominations for membership on
FACOSH. In that notice, OSHA set a submission deadline of January 9,
2008. OSHA is reopening the record to allow additional time for
interested parties to submit nominations.

DATES: The revised deadline for submitting FACOSH nominations is
February 19, 2008.

ADDRESSES: You may submit nominations for FACOSH, identified by Docket
No. OSHA-2007-0011, by any of the following methods:
    Electronically: Nominations, including attachments, may be
submitted electronically at http://www.regulations.gov, the Federal

eRulemaking Portal. Follow the online instructions for submitting
nominations.
    Facsimile: If your nomination, including attachments, does not
exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693-
1648.
    Mail, Express Delivery, Hand Delivery, Messenger or Courier
Service: Submit three copies of your nomination to the OSHA Docket
Office, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone<PHONE_NUMBER> (TTY number (877)
889-5627). Deliveries (hand, express mail, messenger and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m.--4:45 p.m., e.t.
    Instructions: All nominations for FACOSH must include the agency
name and docket number for this Federal Register notice (Docket No.
OSHA-2007-0011). All submissions in response to this Federal Register
notice, including personal information provided, will be posted without
change at http://www.regulations.gov. Therefore, OSHA cautions

interested parties about submitting personal information such as social
security numbers and birth dates. Because of security-related
procedures, submitting nominations by regular mail may result in a
significant delay in their receipt. Please contact the OSHA Docket
Office, at the address above, for information about security procedures
for submitting nominations by hand delivery, express delivery, and
messenger or courier service.
    For additional instructions and information on submitting
nominations, see 72 FR 69713 (Dec. 10, 2007).
    Docket: To read or download submissions, go to http://www.regulations.gov.
 All documents in the docket are listed in the

http://www.regulations.gov index. Although listed in the index, some

documents (e.g., copyrighted material) are not publicly available to
read or download through http://www.regulations.gov. All submissions,

including copyrighted

material, are available for inspection and copying at the OSHA Docket
Office at the address above.
    Information on using the http://www.regulations.gov Web site to

make submissions and to access the record and exhibits is available at
the Website's User Tips Link. Contact the OSHA Docket Office for
information about materials not available through http://www.regulations.gov
 and for assistance in using the Internet to locate

submissions and other documents in the record.

FOR FURTHER INFORMATION CONTACT: Ms. Michelle Walker, Acting Director,
OSHA, Office of Federal Agency Programs, Room N-3622, U.S. Department
of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202) 693-2122; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On December 10, 2007, OSHA published a
Federal Register notice inviting interested parties to submit
nominations for FACOSH membership, with a submission deadline of
January 9, 2008 (72 FR 69713). OSHA is reopening the record to provide
additional time for interested parties to submit nominations. For
instructions and information about submitting nominations, see 72 FR
69713.
    FACOSH is authorized to advise the Secretary of Labor on all
matters relating to the occupational safety and health of Federal
employees (Occupational Safety and Health Act of 1970 (29 U.S.C. 688),
5 U.S.C. 7902, Executive Order 13446). This includes providing advice
on how to reduce and keep at a minimum the number of injuries and
illnesses in the Federal workforce and how to encourage the
establishment and maintenance of effective occupational safety and
health programs in each Federal department and agency.
    Electronic copies of this Federal Register notice are available at
http://www.regulations.gov.

    Authority and Signature: Edwin G. Foulke, Jr., Assistant Secretary
of Labor for Occupational Safety and Health, directed the preparation
of this notice under the authority granted by section 19 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 668), 5 U.S.C.
7902, section 1(c) of Executive Order 13446, 29 CFR Part 1960 (Basic
Program Elements for Federal Employee Occupational Safety and Health
Programs), and Secretary of Labor's Order 5-2007 (72 FR 31160).

    Signed at Washington, DC this 15th day of January, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E8-886 Filed 1-17-08; 8:45 am]

BILLING CODE 4510-26-P