[Federal Register: June 24, 2010 (Volume 75, Number 121)]
[Notices]
[Page 36128-36130]
[DOCID:fr24jn10-84]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62314; File No. SR-NASDAQ-2010-072]

 Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change by The NASDAQ Stock Market LLC
To Clarify the Applicable Time Period of Trading Pauses on Trading Days
With an Early Scheduled Close

June 17, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 14, 2010, The NASDAQ Stock Market LLC (``Nasdaq'' 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 Exchange
has designated the proposed rule change as constituting a non-
controversial rule change under Rule 19b-4(f)(6) under the Act,\3\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange is filing with the Commission a proposed rule change
to clarify the applicable time period of trading pauses on trading days
with an early scheduled close.
    The text of the proposed rule change is below. Proposed new
language is underlined and proposed deletions are in brackets.\4\
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    \4\ Changes are marked to the rule text that appears in the
electronic manual of NASDAQ found at http://
nasdaqomx.cchwallstreet.com.
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* * * * *

4120. Trading Halts

(a) Authority To Initiate Trading Halts or Pauses
    In circumstances in which Nasdaq deems it necessary to protect
investors and the public interest, Nasdaq, pursuant to the procedures
set forth in paragraph (c):
    (1)-(10) No Change.
    (11) shall, between 9:45 a.m. and 3:35 p.m., or in the case of an
early scheduled close, 25 minutes before the close of trading,
immediately pause

trading for 5 minutes in any Nasdaq-listed security when the price of
such security moves 10 percent or more within a 5-minute period. At the
end of the trading pause, Nasdaq will re-open the security using the
Halt Cross process set forth in Nasdaq Rule 4753. In the event of a
significant imbalance at the end of a trading pause, Nasdaq may delay
the re-opening of a security.
    Nasdaq will issue a notification if it cannot resume trading for a
reason other than a significant imbalance.
    Price moves under this paragraph will be calculated by changes in
each consolidated last-sale price disseminated by a network processor
over a five minute rolling period measured continuously. Only regular
way in-sequence transactions qualify for use in calculations of price
moves. Nasdaq can exclude a transaction price from use if it concludes
that the transaction price resulted from an erroneous trade.
    If a trading pause is triggered under this paragraph, Nasdaq shall
immediately notify the single plan processor responsible for
consolidation of information for the security pursuant to Rule 603 of
Regulation NMS under the Securities Exchange Act of 1934.
    If a primary listing market issues an individual stock trading
pause, Nasdaq will pause trading in that security until trading has
resumed on the primary listing market or notice has been received from
the primary listing market that trading may resume. If the primary
listing market does not reopen within 10 minutes of notification of a
trading pause, Nasdaq may resume trading the security.
    The provisions of this paragraph shall only apply to securities in
the Standard & Poor's 500 Index.
    The provisions of this paragraph shall be in effect during a pilot
set to end on December 10, 2010.
    (b)-(c) No Change.
* * * * *
    (b) Not applicable.
    (c) Not applicable.

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

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

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

1. Purpose
    Nasdaq proposes to clarify the applicable time period of trading
pauses on trading days with an early scheduled close. Under the
proposal, trading pauses on days with an early scheduled close would be
initiated no later than 25 minutes before that close. On trading days
with an early scheduled close, the proposal will ensure a minimum
pause-free time period before the close exactly the same as that
applicable on trading days with a regular 4 p.m. close.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\5\ in general, and with
Sections 6(b)(5) of the Act,\6\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, 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 proposed rule meets these requirements in that it
promotes uniformity regarding pause periods on all trading days.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

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

    Written comments on the proposed rule change were neither solicited
nor received.

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

    Because the foregoing 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 for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\ The Exchange has asked the Commission to waive
the 30-day operative delay so that the proposal may become operative
upon filing. The Commission notes that the proposed rule change
clarifies how the Exchange handles Trading Pauses in the case of an
early scheduled closing of the Exchange which is the same way the other
listing markets will handle Trading Pauses during an early scheduled
closing, and how indications will be published during all Trading
Pauses. The proposed rule change does not raise any new substantive
issues. For these reasons, the Commission believes that the waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest.\9\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition and capital formation. 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2010-072 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-NASDAQ-2010-072. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method.
    The Commission will post all comments on the Commission's Internet
Web site (http://www.sec.gov/rules/sro.shtml). Copies of the
submission, all subsequent amendments, all written statements with
respect to the proposed rule change that are filed with the Commission,
and all written communications relating to the proposed rule change
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for Web site viewing and printing in the
Commission's Public Reference Room on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of NASDAQ.
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-NASDAQ-2010-072 and
should be submitted on or before July 15, 2010.

    For the Commission, by the Division of Trading & Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-15247 Filed 6-23-10; 8:45 am]
BILLING CODE 8010-01-P


Comment Info: =================

General Comment:Ecigs should not be classified as tobacco products! Vaping has helped me quit cigarettes and since I am able to breathe better and I demand that studies be done on the benefits. Without Ecig I would surely return to smoking a pack per day. It should be a choice.  A 75 day comment period is insufficient time for the vaping industry and the wider vaping community to comment on the proposed deeming regulations. I would respectfully request that the period for comment be extended to 180 days.


[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 12053-12057]
[FR Doc No: 2021-04177]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91180; File No. SR-NYSEAMER-2021-11]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Change Amending the NYSE
American Options Fee Schedule To Introduce Pricing for the Use of a New
AON Functionality in Single-Leg and Complex Customer Best Execution
Auctions

February 22, 2021.
    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 February 16, 2021, NYSE American LLC (``NYSE American''
or the ``Exchange'') 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 amend the NYSE American Options Fee
Schedule (``Fee Schedule'') to introduce pricing for the use of a new
AON functionality in Single-Leg and Complex Customer Best Execution
(``CUBE'') auctions. The Exchange proposes to implement the fee change
effective February 16, 2021.\4\ The proposed change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.
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    \4\ On January 27, 2021, the Exchange filed to implement the AON
functionality for Complex CUBE auctions, which functionality was
operative on an immediately effective basis retroactive to the date
of filing given the waiver of the 30-day operative delay, as well as
to make clarifications to the AON functionality for Single-Leg CUBE
auctions. See Securities Exchange Release No. 91068 (February 5,
2021), 86 FR 9112 (February 11, 2021) (NYSEAMER-2021-06).
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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 to
introduce pricing for the Exchange's newly approved optional all-or-
none (``AON'') functionality for larger-sized orders in Single-Leg and
Complex CUBE auctions (together, ``AON CUBE'').\5\ The

Exchange proposes to introduce the pricing on February 16, 2021.
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    \5\ See Securities Exchange Release Nos. 90584 (December 7,
2020), 85 FR 80196 (December 11, 2020) (NYSEAMER-2020-64) (approving
AON functionality for Single-Leg CUBE auction); 91068 (February 5,
2021), 86 FR 9112 (February 11, 2021) (NYSEAMER-2021-06) (approving
AON functionality for Complex CUBE auction).
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    The Exchange proposes to define ``AON CUBE Order'' as a ``Single-
Leg CUBE Order of at least 500 contracts or a Complex CUBE Order of at
least 500 contracts on the smallest leg, that is designated AON per
Rule 971.1NY Commentary .05 and Rule 971.2NY Commentary .04,
respectively.'' \6\ Similarly, the Exchange proposes to define an AON
Contra Order as ``principal interest or solicited interest an
Initiating Participant is using to guarantee the execution of an AON
CUBE Order in a Single-Leg or Complex CUBE Auction.'' \7\
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    \6\ See proposed Fee Schedule, Key Terms and Definitions. See
generally Rules 971.1NY (regarding Single-Leg CUBE auctions) and
971.2NY (regarding Complex CUBE auctions).
    \7\ See proposed Fee Schedule, Key Terms and Definitions.
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    Section I.G. of the Fee Schedule sets forth the rates for per
contract fees and credits for executions associated with CUBE Auctions.
The Exchange proposes to include an additional table of fees and
credits under Section I.G. to apply to certain contracts executed in
AON CUBE Auctions, whether Single-Leg or Complex.\8\
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    \8\ See proposed Fee Schedule, Section I.G., CUBE Auction Fees &
Credits (setting forth applicable fees and credits for AON Single-
Leg and AON Complex CUBE Auctions).
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    The process for commencing an AON CUBE auction mirrors that of non-
AON CUBE auctions. In particular, the AON CUBE auction process begins
with the entry of an AON CUBE Order and a paired AON Contra Order. As
with non-AON CUBE auctions, the Exchange similarly proposes to not
charge for AON CUBE Order executions on behalf of a Customer or for
Customer executions against AON CUBE Orders (i.e., Customer Request for
Responses (``RFR'') to an AON CUBE Order). The Exchange proposes to
charge $0.20 per contract for non-Customer executions of AON CUBE
Orders and Customer and non-Customer AON Contra Orders alike.
    As with non-AON CUBE Auctions, the Exchange proposes to charge
executions of non-Customer RFR Responses to an AON CUBE Auction $0.50
per contract in Penny issues and $1.05 per contract executed in non-
Penny issues.
    The Exchange proposes an Initiating Participant Credit for each
contract in an AON Contra Order that does not trade with the AON CUBE
Order because it is replaced in the auction, including when the AON
Contra Order is replaced entirely by RFR Responses. As proposed, the
Initiating Participant Credit for AON CUBE Orders would be $0.30 per
contract in Penny issues and $0.70 per contract in non-Penny issues.
    The Exchange also proposes an ACE Initiating Participant Rebate
payable to Initiating Participants that are ATP Holders who qualify for
Tiers 1, 2, 3, 4 or 5 of the ACE Program. The proposed $0.12 per
contract rebate would be paid to a qualifying Initiating Participant in
an AON Single-Leg CUBE Auction for each of the first 5,000 contracts of
an AON CUBE Order executed and/or to a qualifying Initiating
Participant in an AON Complex CUBE Auction for each of the first 1,000
contracts per leg of an AON CUBE Order executed.
    The Exchange also proposes a Floor Broker Initiating Participant
Rebate of $0.12 per contract payable to Floor Brokers that execute a
minimum of 2,500 contracts average daily volume (``ADV'') in AON CUBE
Orders in either an AON Single-Leg or AON Complex CUBE auction.\9\ As
with the ACE Initiating Participant Rebate, the Floor Broker Initiating
Participant Rebate is paid to a qualifying Initiating Participant for
each contract in an AON CUBE Order and applies to each of the first
5,000 contracts of an AON CUBE Order executed in an AON Single-Leg CUBE
Auction, or to the first 1,000 contracts per leg of an AON CUBE Order
in an AON Complex CUBE Auction.
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    \9\ AON CUBE Orders executed by a Floor Broker on behalf of an
ATP Holder may only be counted towards the Floor Broker's
eligibility for the Floor Broker Initiating Participant Rebate. An
ATP Holder's AON CUBE Orders that are executed by a Floor Broker are
not eligible for the ACE Initiating Participant Rebate.
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    The Exchange's fees are constrained by intermarket competition, as
ATP Holders may direct their order flow to any of the 16 options
exchanges, including those with similar auction functionalities and
corresponding fees.\10\ Thus, ATP Holders have a choice of where they
direct their order flow, including electronic auction volume.
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    \10\ See, e.g., Nasdaq ISE LLC (``Nasdaq ISE''), Options 7,
Pricing Schedule, available here: https://listingcenter.nasdaq.com/rulebook/ise/rules/ise-options-7 (setting forth pricing for
Solicited Order Mechanism and Complex Solicited Order Mechanism);
Cboe EDGX Exchange, Inc. (``Cboe EDGX'') fee schedule, available
here: https://www.cboe.com/us/options/membership/fee_schedule/edgx/
(setting forth pricing for Solicitation Auction Mechanism (``SAM'').
See Statutory Basis below in ``The Proposed Rule Change is
Reasonable'' section for discussion in greater detail, including
infra notes 15 [sic] and 16.
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    To the extent that the proposed fees and credits relating to the
use of the AON CUBE auction functionality encourage ATP Holders to
direct their order flow to the Exchange, all market participants stand
to benefit from increased order flow, which promotes market depth,
facilitates tighter spreads and enhances price discovery.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\11\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\12\ 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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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4) and (5).
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The Proposed Rule Change Is Reasonable
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \13\
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    \13\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (S7-10-04) (``Reg NMS
Adopting Release'').
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    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than 16% of the market
share of executed volume of multiply-listed equity and ETF options
trades.\14\ Therefore, currently no exchange possesses significant
pricing power in the execution of multiply-listed equity and ETF
options order flow. More specifically, in November 2020, the Exchange
had less than 10% market share of executed volume of multiply-listed
equity and ETF options trades.\15\
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    \14\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Monthly-Weekly-Volume-Statistics.
    \15\ Based on a compilation of OCC data for monthly volume of
equity-based options and monthly volume of ETF-based options, see
id., the Exchange's market share in multiply-listed equity and ETF
options increased from 8.06% for the month of November 2019 to 9.09%
for the month of November 2020.

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    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow, or discontinue or reduce use of certain categories of
products, in response to fee changes. Accordingly, competitive forces
constrain options exchange transaction fees. Stated otherwise, changes
to exchange transaction fees and rebates can have a direct effect on
the ability of an exchange to compete for order flow, including auction
volume.
    The proposed rule change is designed to incent ATP Holders to
direct liquidity to the Exchange in AON CUBE Auction executions,
similar to other exchange programs with competitive pricing programs,
thereby promoting market depth, price discovery and improvement and
enhancing order execution opportunities for market participants.
Specifically, the Exchange believes that the proposed fee structure for
AON CUBE Orders is reasonably designed to incent ATP Holders to direct
liquidity to the Exchange in the form of AON CUBE Auction executions,
which increased order flow would improve the overall competitiveness
and strengthen the market quality of the Exchange to the benefit of all
market participants. The Exchange notes that the proposed structure of
fees and credits for AON CUBE Auctions is reasonable because it is both
consistent with fees and credits already in place for the same types of
orders in Single-Leg and Complex CUBE auctions and is likewise within
the range of fees and credits assessed by other exchanges employing
similar fee structures for auction mechanisms.\16\ Consistent with this
proposal, competing options exchanges similarly offer different fees
and credits for initiating orders, contra-side orders, and responders
to an auction, and competing options exchanges likewise charge
different rates for transactions in their price improvement mechanisms
for Customers versus non-Customers.\17\
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    \16\ See, e.g., Cboe EDGX fee schedule, supra note 10
(providing, for example, $0.20 per contract fee for non-customer
agency orders and $0.20 per contract fee for non-customer contra
orders in a SAM auction, in line with the Exchange's proposed $0.20
per contract fee for non-Customer AON CUBE Orders and AON Contra
Orders); Nasdaq ISE Pricing Schedule, supra note 10 (providing, for
example, $0.20 per contract fee for non-customer contra orders in
Solicited Order Mechanism, in line with the Exchange's proposed
$0.20 per contract fee for non-Customer AON Contra Orders).
    \17\ See, e.g., Cboe EDGX fee schedule and Nasdaq ISE Pricing
Schedule, supra note 10 (providing, for example, $0.20 per contract
fee for non-customer initiating orders and no fee for customer
initiating orders, consistent with the Exchange's proposal).
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    The Exchange also believes that it is reasonable for AON CUBE
Orders and AON Contra Orders to be assessed lower fees than those
providing RFR Responses, as structuring fees in this manner would
incent market participants to direct orders to initiate AON CUBE
Auctions (rather than simply respond to them). Further, the Exchange
believes that the proposed fees for responding to AON CUBE Auctions
would not deter market participants from providing price improvement,
as they are consistent with fees for responding to a non-AON CUBE
auction--whether Single-Leg or Complex--and are also consistent with
fees charged to responders on options exchanges offering similar
auction mechanisms.
    The Exchange also believes that the qualification bases to achieve
the ACE Initiating Participant Rebate are reasonably designed to
encourage ATP Holders to utilize the optional AON CUBE functionality,
which may lead to greater opportunities to trade--and for price
improvement--for all participants. In addition, the Exchange believes
that the proposed Floor Broker Initiating Participant Rebate would
encourage Floor Brokers to use the AON CUBE mechanism to execute
larger-size orders (both Single-Leg and Complex), which would also lead
to greater opportunities to trade for all participants because such
order flow will be exposed to additional market participants. The
Exchange also believes that the proposed rebates are reasonably
designed because they are (as mentioned above) similar to rebates
currently available to participants in non-AON CUBE auctions and, to
the extent the proposed rebates are higher than existing rebates, the
Exchange believes that they represent a reasonable effort to incent the
use of a new functionality.
    Further, the Exchange believes the proposed fees and credits in
connection with AON CUBE auctions would attract more volume and
liquidity to the Exchange generally and would therefore benefit all
market participants (including those that do not participate in auction
mechanisms) through increased opportunities to trade at potentially
improved prices as well as enhancing price discovery. To the extent the
proposed fees and credits encourage greater volume and liquidity
directed to the Exchange, the proposed changes would improve the
Exchange's overall competitiveness and strengthen its market quality
for all market participants.
The Proposed Rule Change Is an Equitable Allocation of Fees and Rebates
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits. The proposal is based on the amount
and type of business transacted on the Exchange, and ATP Holders can
opt to avail themselves of the auction mechanism or not. To the extent
that the proposed change attracts more auction executions to the
Exchange, this increased order flow would make the Exchange a more
competitive venue for order execution. Thus, the Exchange believes the
proposed fees and credits would improve market quality for all market
participants on the Exchange and, as a consequence, attract more order
flow to the Exchange thereby improving market-wide quality and price
discovery.
    The Exchange also believes that the proposed fees and credits are
equitable because they would apply equally among Customers and would
also apply equally among all non-Customers. With respect to Customers,
all similarly situated orders for Customers are subject to the same
transaction fee schedule. Furthermore, the Exchange believes that it is
equitable that Customers be charged lower fees in AON CUBE Auctions
than other market participants, as the exchanges in general have
historically aimed to improve markets for investors and develop various
features within market structure for customer benefit.\18\ The Exchange
may in some instances assess Customers lower or no transactions fees
\19\ because Customer order flow enhances liquidity on the Exchange for
the benefit of all market participants, and customer liquidity benefits
all market participants by providing more trading opportunities, which
attracts Market Makers. An increase in the activity of these market
participants in turn facilitates tighter spreads, which may encourage a
corresponding increase in order flow from other market participants.
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    \18\ The Exchange also notes that, as discussed above, certain
non-Customers may be eligible for various credits and rebates, which
would offset their transaction costs.
    \19\ For example, the Exchange offers Customers preferential
rates for other trades executed on the Exchange such as for
Qualified Contingent Cross orders.
---------------------------------------------------------------------------

    The Exchange also believes that it is equitable for AON CUBE Orders
and AON Contra Orders to be assessed lower fees than those providing
RFR Responses, as structuring fees in this manner would incent market
participants to direct orders to participate in AON CUBE Auctions. The
Exchange believes that it is equitable to

assess fees to responders to AON CUBE Auctions and credits to another
participant to provide incentive for participants to submit order flow.
The Proposed Rule Change Is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory because the proposed fees and credits would be available
to all similarly-situated market participants on an equal and non-
discriminatory basis. The Exchange's proposed fees and credits for AON
CUBE Auctions are designed to encourage greater use of the AON CUBE
Auction, which may lead to greater opportunities to trade--and for
price improvement--for all participants.
    To the extent that there is a differentiation between proposed fees
assessed to Customers as compared to non-Customers, the Exchange
believes that this is not unfairly discriminatory because preferential
pricing to Customers is a long-standing options industry practice to
incentivize increased Customer order flow through a fee and rebate
schedule in order to attract professional liquidity providers. To the
extent the proposed fees serve to enhance Customer volume on the
Exchange, the Exchange believes increased Customer volume would attract
liquidity, including Market Maker activity, by providing more trading
opportunities. Increased Market Maker activity could, in turn,
facilitate tighter spreads and increased order flow from other market
participants, contributing to increased price discovery and overall
enhanced quality of the market.
    The Exchange also believes that the proposed fee structure is not
unfairly discriminatory because it is based on the amount and type of
business transacted on the Exchange, and ATP Holders are not obligated
to participate in AON CUBE Auctions. Rather, the proposal is designed
to encourage participants to utilize the Exchange as a primary trading
venue (if they have not done so previously) or increase Electronic
(auction) volume sent to the Exchange. To the extent that the proposed
fees and credits are successful in incenting ATP Holders to utilize AON
CUBE Auctions, this increased order flow would improve price discovery
and make the Exchange a more competitive venue for order execution,
which, in turn, would improve market quality for all market
participants (including those that do not participate in AON CUBE
Auctions).
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the Exchange believes
that the proposed changes would encourage the submission of additional
liquidity for larger-sized orders to a public exchange, thereby
promoting market depth, price discovery and transparency and enhancing
order execution opportunities for all market participants. As a result,
the Exchange believes that the proposed changes further the
Commission's goal in adopting Regulation NMS of fostering integrated
competition among orders, which promotes ``more efficient pricing of
individual stocks for all types of orders, large and small.'' \20\
---------------------------------------------------------------------------

    \20\ See Reg NMS Adopting Release, supra note 13, at 37499.
---------------------------------------------------------------------------

    Intramarket Competition. The proposed change is designed to attract
order flow to the Exchange by offering competitive rates and credits
based on increased volumes on the Exchange, which would enhance the
quality of quoting and may increase the volumes of contracts traded on
the Exchange. To the extent that this purpose is achieved, all of the
Exchange's market participants should benefit from the continued market
liquidity. Enhanced market quality and increased transaction volume
that results from the increase in order flow directed to the Exchange
will benefit all market participants and improve competition on the
Exchange.
    The Exchange believes that the proposed change to adopt fees and
credits for the use of AON CUBE Auctions would not impose any burden on
intramarket competition, but rather, would serve to promote intramarket
competition by incentivizing order flow to the Exchange, and in
particular, Customer orders, thereby providing for more opportunities
to compete at improved prices.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily favor one
of the 16 competing option exchanges if they deem fee levels at a
particular venue to be excessive. In such an environment, the Exchange
must continually adjust its mechanisms and fees to remain competitive
with other exchanges and to attract order flow to the Exchange. Based
on publicly-available information, and excluding index-based options,
no single exchange currently has more than 16% of the market share of
executed volume of multiply-listed equity and ETF options trades.\21\
Therefore, no exchange currently possesses significant pricing power in
the execution of multiply-listed equity and ETF options order flow.
More specifically, in November 2020, the Exchange had less than 10%
market share of executed volume of multiply-listed equity and ETF
options trades.\22\
---------------------------------------------------------------------------

    \21\ See supra note 14.
    \22\ Based on OCC data, supra note 15, the Exchange's market
share in equity- and ETF-based options increased from 8.06% for the
month of November 2019 to 9.09% for the month of November 2020.
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change reflects this
competitive environment because it introduces new fees and rebates
designed to encourage ATP Holders to direct trading interest to the
Exchange, to provide liquidity, and to attract order flow. To the
extent that this purpose is achieved, all the Exchange's market
participants should benefit from the improved market quality and
increased opportunities for price improvement.
    The Exchange believes that the proposed changes could promote
competition between the Exchange and other execution venues, including
those that currently offer similar auction mechanisms for larger-sized
orders, by encouraging additional orders to be sent to the Exchange for
execution.\23\
---------------------------------------------------------------------------

    \23\ See, e.g., supra note 10 (regarding Nasdaq ISE's Solicited
Order Mechanism and Complex Solicited Order Mechanism).
---------------------------------------------------------------------------

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) \24\ of the Act and subparagraph (f)(2) of Rule
19b-4 \25\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(3)(A).
    \25\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such

action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act. If the Commission takes such action, the Commission shall
institute proceedings under Section 19(b)(2)(B) \26\ of the Act to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \26\ 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-NYSEAMER-2021-11 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 No. SR-NYSEAMER-2021-11. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File No. SR-NYSEAMER-2021-11, and should be submitted
on or before March 22, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-04177 Filed 2-26-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Rules and Regulations]
[Pages 79381-79384]
[FR Doc No: 2016-25009]

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

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

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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

Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5593; Directorate Identifier 2015-NM-184-AD;
Amendment 39-18687; AD 2016-21-06]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2015-02-23,
for certain Bombardier, Inc. Model CL-600-1A11 (CL-600), CL-600-2A12
(CL-601), and CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes.
AD 2015-02-23 required repetitive inspections for fractured or
incorrectly oriented fasteners on the inboard flap hinge-box forward
fittings on both wings, and replacement of all fasteners if necessary.
This new AD also requires replacement of the fasteners, which
terminates the requirements of this AD. This AD was prompted by reports
of incorrectly oriented fasteners. We are issuing this AD to prevent
incorrectly oriented or fractured fasteners, which could result in
detachment of the flap hinge-box and the flap surface, and consequent
reduced controllability of the airplane.

DATES: This AD is effective December 19, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 18,
2015 (80 FR 5670, February 3, 2015).

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free telephone: 1-866-538-1247 or direct-dial telephone:
1-514-855-2999; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet: http://www.bombardier.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<PHONE_NUMBER>. It is also available on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2016-5593.

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-
5593; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (telephone: 800-
647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2015-02-23, Amendment 39-18092 (80 FR 5670,
February 3, 2015) (``AD 2015-02-23''). AD 2015-02-23 applied to certain
Bombardier, Inc. Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), and
CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes. AD 2015-02-23
corresponded to Canadian Emergency AD CF-2013-39R2, dated December 12,
2014 (referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''). The MCAI was issued by Transport Canada
Civil Aviation (TCCA), which is the aviation authority for Canada.
    The preamble to AD 2015-02-23 explained that we considered the
requirements interim action and were considering further rulemaking. We
have now determined that further rulemaking is indeed necessary and
that, instead of continuing repetitive inspections, for airplanes which
have any incorrectly oriented fastener, and no fractured or missing
fastener, replacement of all forward and aft fasteners, regardless of
condition or orientation, is necessary. This AD follows from that
determination.
    The NPRM published in the Federal Register on April 20, 2016 (81 FR
23202). The NPRM was prompted by reports of incorrectly oriented
fasteners. The NPRM proposed to continue to require repetitive
inspections for fractured or incorrectly oriented fasteners on the
inboard flap hinge-box forward fittings on both wings, and replacement
of all fasteners if necessary. The NPRM also proposed to require
replacement of the fasteners, which would terminate the requirements of
this AD. We are issuing this AD to prevent incorrectly oriented or
fractured fasteners, which could result in detachment of the flap
hinge-box and the flap surface, and consequent reduced controllability
of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Alert Service Bulletins A600-0763, Revision
02, dated December 9, 2014, including Appendixes 1 and 2, dated
September 26, 2013; and A601-0627, Revision 02, dated December 9, 2014,
including Appendixes 1 and 2, dated September 26, 2013. The service
information describes procedures for repetitive inspections of the
fasteners on the inboard flap hinge-box forward fittings on both wings,
and replacement of fasteners. These documents are distinct since they
apply to different airplane models. 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.

Costs of Compliance

    We estimate that this AD affects 120 airplanes of U.S. registry.
    The actions required by AD 2015-02-23, and retained in this AD,
take about 1 work-hour 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 2015-02-23 is $85 per product.
    We also estimate that it would take about 59 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. We have received no definitive data that
would enable us to provide cost estimates for the parts cost. Based on
these figures, we estimate the cost of this AD on U.S. operators to be
$601,800, or $5,015 per product.
    In addition, we estimate that any necessary follow-on actions will
take about 58 work-hours and require parts costing $753, for a cost of
$5,683 per product. We have no way of determining the number of
aircraft that might need this action.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all available costs in our
cost estimate.

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2015-02-23, Amendment 39-18092 (80 FR 5670, February 3, 2015), and
adding the following new AD:

2016-21-06 Bombardier, Inc.: Amendment 39-18687; Docket No. FAA-
2016-5593; Directorate Identifier 2015-NM-184-AD.

(a) Effective Date

    This AD is effective December 19, 2016.

(b) Affected ADs

    This AD replaces AD 2015-02-23, Amendment 39-18092 (80 FR 5670,
February 3, 2015) (``AD 2015-02-23''). This AD affects AD 2014-03-
17, Amendment 39-17754 (79 FR 9389, February 19, 2014) (``AD 2014-
03-17'').

(c) Applicability

    This AD applies to the Bombardier, Inc. airplanes identified in
paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in
any category.
    (1) Bombardier, Inc. Model CL-600-1A11 (CL-600) airplanes,
having serial numbers (S/Ns) 1004 through 1085 inclusive.
    (2) Bombardier, Inc. Model CL-600-2A12 (CL-601) airplanes,
having S/Ns 3001 through 3066 inclusive.
    (3) Bombardier, Inc. Model CL-600-2B16 (CL-601-3A and CL-601-3R
Variants) airplanes, having S/Ns 5001 through 5194 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by reports of incorrectly oriented
fasteners. We are issuing this AD to prevent incorrectly oriented or
fractured fasteners, which could result in detachment of the flap
hinge-box and the flap surface, and consequent reduced
controllability of the airplane.

(f) Compliance

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

(g) Retained Inspection on Airplanes Not Previously Inspected, With No
Changes

    This paragraph restates the requirements of paragraph (g) of AD
2015-02-23, with no changes. For airplanes that have not been
inspected as required by paragraph (g) of AD 2014-03-17, as of
February 18, 2015 (the effective date of AD 2015-02-23): Within 10
flight cycles after February 18, 2015, or 100 flight cycles after
March 6, 2014 (the effective date of AD 2014-03-17), whichever
occurs first, do a detailed visual inspection for incorrect
orientation and any fractured or missing fastener heads of each
inboard flap fastener of the hinge-box forward fitting at wing
station (WS) 76.50 and WS 127.25, on both wings, in accordance with
the Accomplishment Instructions of the applicable service
information specified in paragraphs (g)(1) and (g)(2) of this AD.
Accomplishing the inspection required by this paragraph terminates
the requirements of paragraph (g) of AD 2014-03-17 for the inspected
airplane only.
    (1) For Model CL-600-1A11 (CL-600) airplanes having S/Ns 1004
through 1085 inclusive: Bombardier Alert Service Bulletin A600-0763,
Revision 02, dated December 9, 2014, including Appendixes 1 and 2,
dated September 26, 2013.
    (2) For Model CL-600-2A12 (CL-601) airplanes having S/Ns 3001
through 3066

inclusive, and Model CL-600-2B16 (CL-601-3A and CL-601-3R Variants)
airplanes having S/Ns 5001 through 5194 inclusive: Bombardier Alert
Service Bulletin A601-0627, Revision 02, dated December 9, 2014,
including Appendixes 1 and 2, dated September 26, 2013.

(h) Retained Corrective Actions for Paragraph (g) of This AD, With
Revised Paragraph (h)(2) of This AD

    (1) This paragraph restates the requirements of paragraph (h)(1)
of AD 2015-02-23, with no changes. If, during any inspection
required by paragraph (g) of this AD, all fasteners are found
correctly oriented and not fractured, and no fastener heads are
missing (fasteners found intact): No further action is required by
this AD.
    (2) This paragraph restates the requirements of paragraph (h)(2)
of AD 2015-02-23, with revised references to replacement paragraphs.
If, during any inspection required by paragraph (g) of this AD, any
fastener is found incorrectly oriented but no fasteners are
fractured or are missing a fastener head (fasteners found intact),
repeat the inspection required by paragraph (g) of this AD
thereafter at intervals not to exceed 10 flight cycles until the
replacements specified in paragraphs (h)(3), (k), or (n) of this AD
are accomplished.
    (3) This paragraph restates the requirements of paragraph (h)(3)
of AD 2015-02-23, with no changes. If, during any inspection
required by paragraph (g) of this AD, any fastener is found
fractured or has a missing fastener head: Before further flight,
remove and replace all forward and aft fasteners (regardless of
orientation or condition) at WS 76.50 and WS 127.25, on both wings,
in accordance with the Accomplishment Instructions of the applicable
service information specified in paragraphs (h)(3)(i) and (h)(3)(ii)
of this AD, except as required by paragraph (m) of this AD. After
accomplishing the replacements required by this paragraph, no
further action is required by this AD.
    (i) For Model CL-600-1A11 (CL-600) airplanes having S/Ns 1004
through 1085 inclusive: Bombardier Alert Service Bulletin A600-0763,
Revision 02, dated December 9, 2014, including Appendixes 1 and 2,
dated September 26, 2013.
    (ii) For Model CL-600-2A12 (CL-601) airplanes having S/Ns 3001
through 3066 inclusive, and Model CL-600-2B16 (CL-601-3A and CL-601-
3R Variants) airplanes having S/Ns 5001 through 5194 inclusive:
Bombardier Alert Service Bulletin A601-0627, Revision 02, dated
December 9, 2014, including Appendixes 1 and 2, dated September 26,
2013.

(i) Retained Inspection for Airplanes Previously Inspected and Found To
Have Incorrectly Oriented Fastener(s), With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2015-02-23, with no changes. For airplanes on which an inspection
required by paragraph (g) or (j) of AD 2014-03-17, has been done as
of the effective date of this AD, and on which any incorrectly
oriented fastener was found but no fasteners were fractured
(fasteners found intact): Except as provided by paragraph (l) of
this AD, within 10 flight cycles after February 18, 2015 (the
effective date of AD 2015-02-23), or within 100 flight cycles after
accomplishing the most recent inspection required by AD 2014-03-17,
whichever occurs first, do a detailed visual inspection for any
fractured or missing fastener heads of each inboard flap fastener of
the hinge-box forward fitting at WS 76.50 and WS 127.25, on both
wings. Do the inspection in accordance with the Accomplishment
Instructions of the applicable service information specified in
paragraphs (i)(1) and (i)(2) of this AD. Accomplishing the
inspection required by this paragraph terminates the requirements of
paragraphs (g) and (j) of AD 2014-03-17 for the inspected airplane
only.
    (1) For Model CL-600-1A11 (CL-600) airplanes having S/Ns 1004
through 1085 inclusive: Bombardier Alert Service Bulletin A600-0763,
Revision 02, dated December 9, 2014, including Appendixes 1 and 2,
dated September 26, 2013.
    (2) For Model CL-600-2A12 (CL-601) airplanes having S/Ns 3001
through 3066 inclusive, and Model CL-600-2B16 (CL-601-3A and CL-601-
3R Variants) airplanes having S/Ns 5001 through 5194 inclusive:
Bombardier Alert Service Bulletin A601-0627, Revision 02, dated
December 9, 2014, including Appendixes 1 and 2, dated September 26,
2013.

(j) Retained Corrective Actions for Paragraph (i) of This AD, With
Revised Reference to Additional, New Requirements

    (1) This paragraph restates the requirements of paragraph (j)(1)
of AD 2015-02-23, with revised reference to additional, new
requirements. If, during any inspection required by paragraph (i) of
this AD, no fasteners are found fractured or have missing fastener
heads (fasteners are intact), repeat the inspection required by
paragraph (i) of this AD thereafter at intervals not to exceed 10
flight cycles until the replacement specified in paragraph (j)(2),
(k), or (n) of this AD is accomplished.
    (2) This paragraph restates the requirements of paragraph (j)(2)
of AD 2015-02-23, with no changes. If, during any inspection
required by paragraph (i) of this AD, any fastener is found
fractured or has a missing fastener head: Before further flight,
remove and replace all forward and aft fasteners (regardless of
orientation or condition) at WS 76.50 and WS 127.25, on both wings,
in accordance with the Accomplishment Instructions of the applicable
service information specified in paragraphs (j)(2)(i) and (j)(2)(ii)
of this AD, except as required by paragraph (m) of this AD. After
accomplishing the replacements required by this paragraph, no
further action is required by this AD.
    (i) For Model CL-600-1A11 (CL-600) airplanes having S/Ns 1004
through 1085 inclusive: Bombardier Alert Service Bulletin A600-0763,
Revision 02, dated December 9, 2014, including Appendixes 1 and 2,
dated September 26, 2013.
    (ii) For Model CL-600-2A12 (CL-601) airplanes having S/Ns 3001
through 3066 inclusive, and Model CL-600-2B16 (CL-601-3A and CL-601-
3R Variants) airplanes having S/Ns 5001 through 5194 inclusive:
Bombardier Alert Service Bulletin A601-0627, Revision 02, dated
December 9, 2014, including Appendixes 1 and 2, dated September 26,
2013.

(k) Retained Optional Terminating Action for Incorrectly Oriented
Fasteners, With No Changes

    This paragraph restates the provisions of paragraph (k) of AD
2015-02-23, with no changes. Replacement of all forward and aft
fasteners (regardless of orientation or condition) at WS 76.50 and
WS 127.25, on both wings, terminates the requirements of this AD.
The replacement must be done in accordance with the Accomplishment
Instructions of the applicable service information specified in
paragraphs (k)(1) and (k)(2) of this AD, except as provided by
paragraph (m) of this AD. Doing the replacements specified in this
paragraph terminates the requirements of paragraphs (g) and (j) of
AD 2014-03-17, only for the airplane on which the replacement was
done.
    (1) For Model CL-600-1A11 (CL-600) airplanes having S/Ns 1004
through 1085 inclusive: Bombardier Alert Service Bulletin A600-0763,
Revision 02, dated December 9, 2014, including Appendixes 1 and 2,
dated September 26, 2013.
    (2) For Model CL-600-2A12 (CL-601) airplanes having S/Ns 3001
through 3066 inclusive, and Model CL-600-2B16 (CL-601-3A and CL-601-
3R Variants) airplanes having S/Ns 5001 through 5194 inclusive:
Bombardier Alert Service Bulletin A601-0627, Revision 02, dated
December 9, 2014, including Appendixes 1 and 2, dated September 26,
2013.

(l) Retained Exception for Previously Replaced Fasteners, With No
Changes

    This paragraph restates the provisions of paragraph (l) of AD
2015-02-23, with no changes. Replacement of all fractured and
incorrectly oriented forward and aft fasteners, as specified in
paragraph (i) or (k) of AD 2014-03-17, if done before the effective
date of this AD, is considered acceptable for compliance with the
requirements of this AD.

(m) Retained Exception to the Service Information, With No Changes

    This paragraph restates the requirements of paragraph (m) of AD
2015-02-23, with no changes. Where Bombardier Alert Service Bulletin
A600-0763, Revision 02, dated December 9, 2014, including Appendixes
1 and 2, dated September 26, 2013; and Bombardier Alert Service
Bulletin A601-0627, Revision 02, dated December 9, 2014, including
Appendixes 1 and 2, dated September 26, 2013; specify to contact
Bombardier for repair instructions, before further flight, repair
using a method approved by the Manager, New York Aircraft
Certification Office (ACO), FAA; or Transport Canada Civil Aviation
(TCCA); or Bombardier's TCCA Design Approval Organization (DAO).

(n) New Requirement of This AD: Terminating Action

    For airplanes on which any incorrectly oriented fastener, and no
fractured or missing fastener, was detected during any inspection
required by paragraph (g), (h)(2), (i), and (j)(1) of this AD:
Within 24 months after the effective date of this AD, replace all
forward and aft fasteners, regardless of condition or orientation,
at WS 76.50 and WS 127.25, on affected wings, in accordance with the
Accomplishment Instructions of the applicable service information
specified in paragraphs (k)(1) and (k)(2) of this AD, except as
provided by paragraph (m) of this AD. Doing the replacements
specified in this paragraph terminates the requirements of this AD.
Doing the replacements specified in this paragraph terminates the
requirements of paragraphs (g) and (j) of AD 2014-03-17, only for
the airplane on which the replacement was done.

(o) Credit for Previous Actions

    This paragraph restates the provisions of paragraph (n) of AD
2015-02-23, with new credit for paragraph (n) of this AD. This
paragraph provides credit for actions required by paragraphs (g),
(h), (i), and (n) of this AD, if those actions were performed before
the effective date of this AD using the applicable service
information identified in paragraphs (o)(1) through (o)(4) of this
AD.
    (1) Bombardier Alert Service Bulletin A600-0763, including
Appendixes 1 and 2, dated September 26, 2013, which was previously
incorporated by reference on March 6, 2014 (79 FR 9389, February 19,
2014).
    (2) Bombardier Alert Service Bulletin A600-0763, Revision 01,
dated February 26, 2014, including Appendixes 1 and 2, dated
September 26, 2013, which is not incorporated by reference in this
AD.
    (3) Bombardier Alert Service Bulletin A601-0627, including
Appendixes 1 and 2, dated September 26, 2013, which was previously
incorporated by reference on March 6, 2014 (79 FR 9389, February 19,
2014).
    (4) Bombardier Alert Service Bulletin A601-0627, Revision 01,
dated February 26, 2014, including Appendixes 1 and 2, dated
September 26, 2013, which is not incorporated by reference in this
AD.

(p) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO, ANE-170, 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 ACO, send it to ATTN: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-
7300; fax:<PHONE_NUMBER>. 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.
    (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, New York ACO,
ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved
by the DAO, the approval must include the DAO-authorized signature.

(q) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Emergency AD CF-2013-39R2, dated December 12, 2014,
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-2016-5593.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (r)(4) and (r)(5) of this AD.

(r) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
February 18, 2015 (80 FR 5670, February 3, 2015).
    (i) Bombardier Alert Service Bulletin A600-0763, Revision 02,
dated December 9, 2014, including Appendixes 1 and 2, dated
September 26, 2013.
    (ii) Bombardier Alert Service Bulletin A601-0627, Revision 02,
dated December 9, 2014, including Appendixes 1 and 2, dated
September 26, 2013.
    (4) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone: 1-866-538-1247 or direct-dial
telephone: 1-514-855-2999; fax<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.bombardier.com.
    (5) 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
425-227-1221.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 7, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-25009 Filed 11-10-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 172 (Wednesday, September 7, 2022)]
[Notices]
[Page 54684]
[FR Doc No: 2022-19250]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Empire District Electric Company; Notice of Waiver Period for
Water Quality Certification Application

    On August 26, 2022, Empire District Electric Company submitted to
the Federal Energy Regulatory Commission (Commission) a copy of its
application for a Clean Water Act section 401(a)(1) water quality
certification filed with the Missouri Department of Natural Resources
(Missouri DNR), in conjunction with the above captioned project.
Pursuant to 40 CFR 121.6 and section [4.34(b)(5), 5.23(b), 153.4, or
157.22] of the Commission's regulations,\1\ we hereby notify the
Missouri DNR of the following:
---------------------------------------------------------------------------

    \1\ 18 CFR [4.34(b)(5)/5.23(b)/153.4/157.22].
---------------------------------------------------------------------------

    Date of Receipt of the Certification Request: July 28, 2022
    Reasonable Period of Time to Act on the Certification Request: One
year (July 28, 2023).
    If Missouri DNR fails or refuses to act on the water quality
certification request on or before the above date, then the agency
certifying authority is deemed waived pursuant to section 401(a)(1) of
the Clean Water Act, 33 U.S.C. 1341(a)(1).

    Dated: August 31, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-19250 Filed 9-6-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46820-46821]
[FR Doc No: 2017-21649]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4339-DR; Docket ID FEMA-2017-0001]

Puerto Rico; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Commonwealth of Puerto Rico (FEMA-4339-DR), dated
September 20, 2017, and related determinations.

DATES: The declaration was issued September 20, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 20, 2017, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the
Commonwealth of Puerto Rico resulting from Hurricane Maria beginning
on September 17, 2017, and continuing, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the Commonwealth of Puerto Rico.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and
assistance for debris removal and emergency protective measures
(Categories A and B) under the Public Assistance program in the
designated areas, Hazard Mitigation throughout the Commonwealth, and
any other forms of assistance under the Stafford Act that you deem
appropriate subject to completion of Preliminary Damage Assessments
(PDAs). Direct Federal assistance is authorized.
    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation and Other Needs Assistance will be limited to 75
percent of the total eligible costs. Federal funds provided under
the Stafford Act for Public Assistance also will be limited to 75
percent of the total eligible costs, with the exception of projects
that meet the eligibility criteria for a higher Federal cost-sharing
percentage under the Public Assistance Alternative Procedures Pilot
Program for Debris Removal implemented pursuant to section 428 of
the Stafford Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Alejandro DeLaCampa, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the Commonwealth of Puerto Rico have been
designated as adversely affected by this major disaster:

    The municipalities of Aguas Buenas, Aibonito, Arecibo, Arroyo,
Barceloneta, Barranquitas, Bayam[oacute]n, Caguas, Can[oacute]vanas,
Carolina, Cata[ntilde]o, Cayey, Ceiba, Ciales, Cidra, Coamo,
Comerio, Corozal, Culebra, Dorado, Fajardo, Florida, Guayama,
Guaynabo, Gurabo, Humacao, Jayuya, Juana D[iacute]az, Juncos, Las
Piedras, Lo[iacute]za, Luquillo, Manati, Maunabo, Morovis, Naguabo,
Naranjito, Orocovis, Patillas, Ponce, Rio Grande, Salinas, San Juan,
San Lorenzo, Santa Isabel,

Toa Baja, Toa Alta, Trujillo Alto, Utuado, Vega Alta, Vega Baja,
Vieques, Villalba, and Yabucoa for Individual Assistance.
    All municipalities in the Commonwealth of Puerto Rico for debris
removal and emergency protective measures (Categories A and B),
including direct federal assistance, under the Public Assistance
program.
    All areas within the Commonwealth of Puerto Rico are eligible
for assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-21649 Filed 10-5-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Page 68350]
[FR Doc No: 2010-27951]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-1881-000]

Burley Butte Wind Park, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

October 28, 2010.
    This is a supplemental notice in the above-referenced proceeding of
Burley Butte Wind Park, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
Part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 18, 2010.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-27951 Filed 11-4-10; 8:45 am]
BILLING CODE 6717-01-P