[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Notices]
[Pages 46068-46069]
[FR Doc No: 2017-21176]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-5891]

Endocrinologic and Metabolic Drugs Advisory Committee; Notice of
Meeting; Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or Agency) announces a
forthcoming public advisory committee meeting of the Endocrinologic and
Metabolic Drugs Advisory Committee. The general function of the
committee is to provide advice and recommendations to the Agency on
FDA's regulatory issues. The meeting will be open to the public. FDA is
establishing a docket for public comment on this document.

DATES: The public meeting will be held on October 18, 2017, from 8 a.m.
to 5 p.m.

ADDRESSES: Tommy Douglas Conference Center, the Ballroom, 10000 New
Hampshire Ave., Silver Spring, MD 20903. The conference center's
telephone number is<PHONE_NUMBER>. Answers to commonly asked questions
about FDA Advisory Committee meetings may be accessed at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
Information about the Tommy Douglas Conference Center can be accessed
at: http://www.tommydouglascenter.com/.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2017-N-5891. The docket will close on October
17, 2017. Submit either electronic or written comments on this public
meeting by October 17, 2017. Late, untimely filed comments will not be
considered. Electronic comments must be submitted on or before October
17, 2017. The https://www.regulations.gov electronic filing system will
accept comments until midnight Eastern Time at the end of October 17,
2017. Comments received by mail/hand delivery/courier (for written/
paper submissions) will be considered timely if they are postmarked or
the delivery service acceptance receipt is on or before that date.
    Comments received on or before October 11, 2017, will be provided
to the committee. Comments received after that date will be taken into
consideration by the Agency. You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-N-5891for ``Endocrinologic and Metabolic Drugs Advisory
Committee; Notice of Meeting; Establishment of a Public Docket; Request
for Comments.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be

made publicly available, submit your comments only as a written/paper
submission. You should submit two copies total. One copy will include
the information you claim to be confidential with a heading or cover
note that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.''
The Agency will review this copy, including the claimed confidential
information, in its consideration of comments. The second copy, which
will have the claimed confidential information redacted/blacked out,
will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information to be made
publicly available, you can provide this information on the cover sheet
and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: LaToya Bonner, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-
796-9001, Fax:<PHONE_NUMBER>, email<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 https://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.

SUPPLEMENTARY INFORMATION:
    Agenda: The committee will discuss the safety and efficacy of new
drug application (NDA) 209637 for semaglutide injection, submitted by
Novo Nordisk, as an adjunct to diet and exercise to improve glycemic
control in adults with type 2 diabetes mellitus.
    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 https://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.
All electronic and written submissions submitted to the Docket (see the
ADDRESSES section) on or before October 11, 2017, will be provided to
the committee. 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 3, 2017. 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 4, 2017.
    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
disabilities. If you require special accommodations due to a
disability, please contact LaToya Bonner at least 7 days in advance of
the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at https://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: September 26, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-21176 Filed 10-2-17; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Notices]
[Pages 70231-70232]
[FR Doc No: 2019-27453]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87757; File No. SR-CboeEDGA-2019-012]

Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice
of Designation of Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change To
Introduce a Liquidity Provider Protection Delay Mechanism on EDGA

December 16, 2019.
    On June 7, 2019, Cboe EDGA Exchange, Inc. (``EDGA'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposal to introduce an intentional, asymmetric delay
mechanism on EDGA. The proposed rule change was published for comment
in the Federal Register on June 26, 2019.\3\ On August 5, 2019,
pursuant to Section 19(b)(2) of the Exchange Act,\4\ the Commission
designated a longer period within which to approve the proposed rule
change, disapprove the proposed rule change, or institute proceedings
to determine whether the proposed rule change should be disapproved.\5\
The Commission received twenty-one comment letters from eighteen
commenters, including a response from the Exchange, in response to the
Notice.\6\ On September 24, 2019, the

Commission instituted proceedings to determine whether to approve or
disapprove the proposed rule changes.\7\ The Commission received twelve
additional comments in response to the Notice and OIP.\8\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 86168 (June 20,
2019), 84 FR 30282 (``Notice'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 86567, 84 FR 39385
(Aug. 9, 2019). The Commission designated September 24, 2019, as the
date by which it should approve, disapprove, or institute
proceedings to determine whether to disapprove the proposed rule
change.
    \6\ See Letters from: R.T. Leuchtkafer, dated July 12, 2019;
Steve Crutchfield, Head of Market Structure, CTC Trading Group, LLC,
dated July 15, 2019; Tyler Gellasch, Executive Director, Healthy
Markets, dated July 16, 2019; Larry Tabb, Founder and Research
Chairman, TABB Group, dated July 16, 2019; Stephen John Berger,
Managing Director, Global Head of Government and Regulatory Policy,
Citadel Securities, dated July 16, 2019; Mehmet Kinak, Vice
President & Global Head of Systematic Trading & Market Structure,
and Jonathan D. Siegel, Vice President & Senior Legal Counsel
(Legislative & Regulatory Affairs), T. Rowe Price, dated July 16,
2019; Adam Nunes, Head of Business Development, Hudson River Trading
LLC, dated July 16, 2019; Joanna Mallers, Secretary, FIA Principal
Traders Group, dated July 16, 2019; Ray Ross, Chief Technology
Officer, Clearpool, dated July 16, 2019; Eric Swanson, CEO, XTX
Markets LLC (Americas), dated July 16, 2019; John Thornton, Co-
Chair, Hal S. Scott, President, and R. Glenn Hubbard, Co-Chair,
Committee on Capital Markets Regulation, dated July 16, 2019;
Kirsten Wegner, Chief Executive Officer, Modern Markets Initiative,
dated July 17, 2019; Theodore R. Lazo, Managing Director and
Associate General Counsel, SIFMA, dated July 18, 2019; Eric Swanson,
CEO, XTX Markets LLC (Americas), dated July 31, 2019; Mark D. Epley,
Executive Vice President & Managing Director, General Counsel, and
Jennifer W. Han, Associate General Counsel, Managed Funds
Association, dated August 2, 2019; Hubert De Jesus, Managing
Director, Global Head of Market Structure and Electronic Trading,
and Joanne Medero, Managing Director, Global Public Policy, Black
Rock, dated August 2, 2019; Rich Steiner, Head of Client Advocacy
and Market Innovation, RBC Capital Markets, dated August 15, 2019;
Adrian Griffiths, Assistant General Counsel, Cboe Global Markets,
dated August 22, 2019; R.T. Leuchtkafer, dated August 23, 2019; R.T.
Leuchtkafer, dated September 9, 2019; Joshua Mollner, Assistant
Professor, Kellogg School of Management, Northwestern University,
and Markus Baldauf, Assistant Professor, Sauder School of Business,
University of British Columbia, dated September 12, 2019 available
at https://www.sec.gov/comments/sr-cboeedga-2019-012/srcboeedga2019012.htm.
    \7\ See Securities Exchange Act Release No. 87096, 84 FR 51657
(September 30, 2019) (``OIP'').
    \8\ See Letters from: Eric Swanson, CEO, XTX Markets LLC
(Americas), dated October 18, 2019; Tom Quaadman, Executive Vice
President, Center for Capital Markets Competitiveness, U.S. Chamber
of Commerce (dated October 18, 2019); R.T. Leuchtkafer, dated
October 21, 2019; Doug Clark, Chairman, and James Toes, President &
CEO, Security Traders Association, dated October 21, 2019; Joanna
Mallers, Secretary, FIA Principal Traders Group, dated October 21,
2019; Ray Ross, Chief Technology Officer, Clearpool, dated Oct. 21,
2019; Tyler Gellasch, Executive Director, Healthy Markets
Association, dated Oct. 21, 2019; Dorothy Donohue, Deputy General
Counsel, Investment Company Institute, dated Oct. 21, 2019; Tim
Lang, Chief Executive Officer, ACS Execution Services, dated Oct.
21, 2019; Stephen John Berger, Managing Director, Global Head of
Government and Regulatory Policy, Citadel Securities, dated October
21, 2019; Mark D. Epley, Executive Vice President & Managing
Director, General Counsel, and Jennifer W. Han, Associate General
Counsel, Managed Funds Association, dated October 22, 2019; Steve
Crutchfield, Head of Market Structure, CTC Trading Group, LLC, dated
October 28, 2019 available at https://www.sec.gov/comments/srcboeedga-2019-012/srcboeedga2019012.htm.
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    Section 19(b)(2) of the Act \9\ provides that, after initiating
proceedings, the Commission shall issue an order approving or
disapproving the proposed rule change not later than 180 days after the
date of publication of notice of filing of the proposed rule change.
The Commission may extend the period for issuing an order approving or
disapproving the proposed rule change, however, by not more than 60
days if the Commission determines that a longer period is appropriate
and publishes the reasons for such determination. The proposed rule
change was published for notice and comment in the Federal Register on
June 26, 2019.\10\ December 23, 2019 is 180 days from that date, and
February 21, 2020 is 240 days from that date.
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    \9\ 15 U.S.C. 78s(b)(2).
    \10\ See Notice, supra note 3.
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    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the proposed
rule change, the issues raised in the comment letters that have been
submitted in connection therewith, and the Exchange's response to
comments. Accordingly, the Commission, pursuant to Section 19(b)(2) of
the Act,\11\ designates February 21, 2020 as the date by which the
Commission should either approve or disapprove the proposed rule change
(File No. SR-CboeEDGA-2019-012).
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    \11\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(57).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2019-27453 Filed 12-19-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Rules and Regulations]
[Pages 14780-14784]
[FR Doc No: 2022-05576]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0279; Project Identifier AD-2022-00257-T;
Amendment 39-21982; AD 2022-06-16]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B,
747-200C, 747-200F, 747-300, 747-400, 747-400D, and 747-400F series
airplanes. This AD was prompted by a determination that radio
altimeters cannot be relied upon to perform their intended function if
they experience interference from wireless broadband operations in the
3.7-3.98 GHz frequency band (5G C-Band), and a recent determination
that during takeoff, approach, landings, and go-arounds, as a result of
this interference, certain airplane systems may not properly function,
resulting in increased flightcrew workload while on approach with the
flight director, autothrottle, or autopilot engaged, which could result
in reduced ability of the flightcrew to maintain safe flight and
landing of the airplane. This AD requires revising the limitations and
operating procedures sections of the existing airplane flight manual
(AFM) to incorporate specific operating procedures for takeoff,
instrument landing system (ILS) approaches, non-precision approaches,
and go-around and missed approaches, when in the presence of 5G C-Band
interference as identified by Notices to Air Missions (NOTAMs). The FAA
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective March 16, 2022.
    The FAA must receive comments on this AD by May 2, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0279; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Dean Thompson, Aerospace Engineer,
Systems and Equipment Section, FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    In March 2020, the United States Federal Communications Commission
(FCC) adopted final rules authorizing flexible use of the 3.7-3.98 GHz
band for next generation services, including 5G and other advanced
spectrum-based services.\1\ Pursuant to these rules, C-Band wireless
broadband deployment was permitted to occur in phases with the
opportunity for operations in the lower 0.1 GHz of the band (3.7-3.8
GHz) in certain markets beginning on January 19, 2022. This AD refers
to ``5G C-Band'' interference, but wireless broadband technologies,
other than 5G, may use the same frequency band.\2\ These other uses of
the same frequency band are within the scope of this AD since they
would introduce the same risk of radio altimeter interference as 5G C-
Band.
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    \1\ The FCC's rules did not make C-Band wireless broadband
available in Alaska, Hawaii, and the U.S. Territories.
    \2\ The regulatory text of the AD uses the term ``5G C-Band''
which, for purposes of this AD, has the same meaning as ``5G'', ``C-
Band'' and ``3.7-3.98 GHz.''
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    The radio altimeter is an important aircraft instrument, and its
intended function is to provide direct height-above-terrain/water
information to a variety of aircraft systems. Commercial aviation radio
altimeters operate in the 4.2-4.4 GHz band, which is separated by 0.22
GHz from the C-Band telecommunication systems in the 3.7-3.98 GHz band.
The radio altimeter is more precise than a barometric altimeter and for
that reason is used where aircraft height over the ground needs to

be precisely measured, such as autoland, manual landings, or other low
altitude operations. The receiver on the radio altimeter is typically
highly accurate, however it may deliver erroneous results in the
presence of out-of-band radio frequency emissions from other frequency
bands. The radio altimeter must detect faint signals reflected off the
ground to measure altitude, in a manner similar to radar. Out-of-band
signals could significantly degrade radio altimeter functions during
critical phases of flight, if the altimeter is unable to sufficiently
reject those signals.
    The FAA issued AD 2021-23-12, Amendment 39-21810 (86 FR 69984,
December 9, 2021) (AD 2021-23-12) to address the effect of 5G C-Band
interference on all transport and commuter category airplanes equipped
with a radio (also known as radar) altimeter. AD 2021-23-12 requires
revising the limitations section of the existing AFM to incorporate
limitations prohibiting certain operations, which require radio
altimeter data to land in low visibility conditions, when in the
presence of 5G C-Band interference as identified by NOTAM. The FAA
issued AD 2021-23-12 because radio altimeter anomalies that are
undetected by the automation or pilot, particularly close to the ground
(e.g., landing flare), could lead to loss of continued safe flight and
landing.
    Since the FAA issued AD 2021-23-12, Boeing has continued to
evaluate potential 5G C-Band interference on aircraft systems that rely
on radio altimeter inputs. Boeing issued Boeing Multi Operator Message
MOM-MOM-22-0034-01B(R2), dated January 28, 2022; Boeing Multi Operator
Message MOM-MOM-22-0033-01B(R1), dated January 31, 2022; and Boeing
Flight Crew Operations Manual Bulletin TB1-55, ``Radio Altimeter
Anomalies due to 5G C-Band Wireless Broadband Interference in the
United States,'' dated January 29, 2022.
    Based on Boeing's data, the FAA identified an additional hazard
presented by 5G C-Band interference on The Boeing Company Model 747-
100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300,
747-400, 747-400D, and 747-400F series airplanes. The FAA determined
anomalies due to 5G C-Band interference may affect multiple other
airplane systems using radio altimeter data, regardless of the approach
type or weather. These anomalies may not be evident until very low
altitudes. Impacted systems include, but are not limited to, autopilot
flight director system; autothrottle system; engines; flight controls;
flight instruments; traffic alert and collision avoidance system
(TCAS); ground proximity warning system (GPWS); and configuration
warnings.
    In the event of 5G C-Band interference, landing performance and
flightcrew workload can be adversely impacted. 5G C-Band interference
may have multiple effects, including:
     Autopilot Flight Director System: NO AUTOLAND caution or
advisory message may be shown; NO AUTOLAND autopilot status
annunciation may be shown; autopilot may disengage when LAND 2 or LAND
3 status is shown; the flight directors may provide erroneous guidance
during ILS approaches; LNAV and VNAV modes may not engage or may engage
at an erroneous altitude after departure; autoland flare mode and
runway alignment may not occur or may activate earlier or later than
expected; or TO/GA mode may not be available.
     Autothrottle System: Autothrottle can remain in SPD
(speed) mode and may advance to maintain speed during flare instead of
reducing the thrust to IDLE at approximately 25 feet radio altitude; or
autothrottle may retard to IDLE prematurely.
     Engines: Thrust levers being set to IDLE in-flight may
result in ground idle.
     Flight Controls: SPEEDBRAKE EXT Caution message may not be
available. Automatic speedbrake deployment may not occur after
touchdown.
     Flight Instruments: The radio altimeter indication may not
be shown or may be erroneous; the RADIO minimums indications (flashing
or turning amber) may not occur; the rising runway symbol may not be
shown or may be erroneous; the localizer deviation alert amber scale
and flashing pointer may not be shown (deviation indications are still
available); the glideslope deviation alert amber scale and flashing
pointer may not be shown (deviation indications are still available);
or the Flight Path Vector (FPV) may be biased out of view.
     TCAS: TCAS alerts may not be available (TCAS alerts that
do occur will be valid); or TCAS inhibits for resolution advisories may
be erroneous.
     GPWS: GPWS alerts may not be available or may be erroneous
(although look-ahead terrain alerting remains available); radio
altimeter-based altitude and minimums aural callouts during approach
may not be available or erroneous; or windshear detection systems
(predictive and reactive) may be inoperative.
     Configuration Warnings: Erroneous CONFIG GEAR warning
alert may occur.
     Other simultaneous flight deck effects associated with the
5G C-Band interference could increase pilot workload.
    These effects may cause erroneous indications and annunciations, as
well as conflicting information, to be provided to the flightcrew
during a critical phase of flight. There may also be a lack of cues
present to elicit prompt go-around or recovery initiation. These
effects could lead to reduced ability of the flightcrew to maintain
safe flight and landing of the airplane and is an unsafe condition.
Thus, the FAA has determined that prompt identification of a potential
problem and initiation of a go-around are required to ensure the
capability for continued safe flight and landing.
    To address this unsafe condition, this AD mandates procedures for
operators to incorporate specific operating procedures for takeoff, ILS
approaches, non-precision approaches, and go-around and missed
approaches, when in the presence of 5G C-Band interference as
identified by NOTAMs.
    Finally, the FAA notes that AD 2021-23-12 remains in effect and
thus prohibits certain ILS approaches. Thus, this AD addresses
procedures applicable only to those ILS approaches not prohibited by AD
2021-23-12.
    The FAA is issuing this AD to address the unsafe condition on these
products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.

AD Requirements

    This AD requires revising the limitations and operating procedures
sections of the existing AFM to incorporate specific operating
procedures for takeoff, instrument landing system (ILS) approaches,
non-precision approaches, and go-around and missed approaches, when in
the presence of 5G C-Band interference as identified by NOTAMs.

Compliance With AFM Revisions

    Section 91.9 prohibits any person from operating a civil aircraft
without complying with the operating limitations specified in the AFM.
FAA regulations also require operators to furnish pilots with any
changes to the AFM (14 CFR 121.137) and pilots in command to be
familiar with the AFM (14 CFR 91.505).

Interim Action

    The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider further rulemaking.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because the FAA determined that radio altimeters cannot be relied upon
to perform their intended function if they experience interference from
wireless broadband operations in the 5G C-Band, and a determination
that during takeoff, approach, landings, and go-arounds, as a result of
this interference, certain airplane systems may not properly function,
resulting in increased flightcrew workload while on approach with the
flight director, autothrottle, or autopilot engaged. This increased
flightcrew workload could lead to reduced ability of the flightcrew to
maintain safe flight and landing of the airplane. The urgency is based
on the hazard presented by 5G C-Band interference, and on C-Band
wireless broadband deployment, which has been occurring in phases with
operations beginning on January 19, 2022. Accordingly, notice and
opportunity for prior public comment are impracticable and contrary to
the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include Docket No. FAA-2022-0279 and Project Identifier AD-
2022-00257-T at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Dean
Thompson, Aerospace Engineer, Systems and Equipment Section, FAA,
Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone
and fax:<PHONE_NUMBER>; email: [email protected]. Any commentary
that the FAA receives that is not specifically designated as CBI will
be placed in the public docket for this rulemaking.

Regulatory Flexibility Act

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

Costs of Compliance

    The FAA estimates that this AD affects 126 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM revision..........................  1 work-hour x $85 per                 $0             $85         $10,710
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:

    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2022-06-16 The Boeing Company: Amendment 39-21982; Docket No. FAA-
2022-0279; Project Identifier AD-2022-00257-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 16, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 747-100, 747-
100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400,
747-400D, and 747-400F series airplanes, certificated in any
category.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by prompted by a determination that radio
altimeters cannot be relied upon to perform their intended function
if they experience interference from wireless broadband operations
in the 3.7-3.98 GHz frequency band (5G C-Band), and a recent
determination that during takeoff, approach, landings, and go-
arounds, as a result of this interference, certain airplane systems
may not properly function, resulting in increased flightcrew
workload while on approach with the flight director, autothrottle,
or autopilot engaged. The FAA is issuing this AD to address 5G C-
Band interference that could result in increased flightcrew workload
and could lead to reduced ability of the flightcrew to maintain safe
flight and landing of the airplane.

(f) Compliance

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

(g) Airplane Flight Manual (AFM) Revision

    (1) Within 2 days after the effective date of this AD: Revise
the Limitations section of the existing AFM to include the
information specified in figure 1 to paragraph (g)(1) of this AD.
This may be done by inserting a copy of figure 1 to paragraph (g)(1)
of this AD into the Limitations section of the existing AFM.
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TR16MR22.035

    (2) Within 2 days after the effective date of this AD: Revise
the Operating Procedures section of the existing AFM to include the
information specified in figure 2 to paragraph (g)(2) of this AD.
This may be done by inserting a copy of figure 2 to paragraph (g)(2)
of this AD into the Operating Procedures section of the existing
AFM.

[GRAPHIC] [TIFF OMITTED] TR16MR22.036

    Note 1 to paragraph (g)(2): Guidance for accomplishing the
actions required by paragraph (g)(2) of this AD can be found in
Boeing Multi Operator Message MOM-MOM-22-0034-01B(R2), dated January
28, 2022; Boeing Multi Operator Message MOM-MOM-22-0033-01B(R1),
dated January 31, 2022; and Boeing Flight Crew Operations Manual
Bulletin TB1-55, ``Radio Altimeter Anomalies due to 5G C-Band
Wireless Broadband Interference in the United States,'' dated
January 29, 2022.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (i)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) AMOCs approved for AD 2021-23-12, Amendment 39-21810 (86 FR
69984, December 9, 2021), providing relief for specific radio
altimeter installations are approved as AMOCs for the provisions of
this AD.

(i) Related Information

    (1) For more information about this AD, contact Dean Thompson,
Aerospace Engineer, Systems and Equipment Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
206-231-3165; email: [email protected].
    (2) For service information identified in this AD that is not
incorporated by reference, contact Boeing Commercial Airplanes,
Attention: Contractual & Data Services (C&DS), 2600 Westminster
Blvd., MC 110 SK57, Seal Beach, CA 90740-5600; telephone 562-797-
1717; internet https://www.myboeingfleet.com.

(j) Material Incorporated by Reference

    None.

    Issued on March 9, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-05576 Filed 3-11-22; 4:15 pm]
BILLING CODE 4910-13-C


[Federal Register: February 4, 2008 (Volume 73, Number 23)]
[Rules and Regulations]
[Page 6419-6423]
[DOCID:fr04fe08-1]

========================================================================
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.

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27229; Directorate Identifier 2007-NE-03-AD;
Amendment 39-15359; AD 2008-03-09]
RIN 2120-AA64

Airworthiness Directives; CFM International, S.A. CFM56-7B Series
Turbofan Engines

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for CFM
International, S.A. CFM56-7B series turbofan engines. This AD requires
revising the Airworthiness Limitations Section (ALS) in the Engine Shop
Manual (ESM) and the air carrier's approved continuous airworthiness
maintenance program (CAMP) to add mandatory inspections of certain low
pressure turbine rear frames (TRFs) to the ALS or CAMP. This AD results
from a refined lifing analysis by the engine manufacturer that shows
the need to identify an initial threshold for inspecting certain TRFs.
We are issuing this AD to prevent failure of the TRF from low-cycle
fatigue cracks. Failure of the TRF could result in engine separation
from the airplane, which could lead to loss of control of the airplane.

DATES: This AD becomes effective March 10, 2008.

ADDRESSES: The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Antonio Cancelliere, Aerospace
Engineer, Engine Certification Office, FAA, Engine and Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39
with a proposed AD. The proposed AD applies to CFM International, S.A.
CFM56-7B series turbofan engines. We published the proposed AD in the
Federal Register on April 23, 2007 (72 FR 20075). That action proposed
to require revising the ALS in the Engine Shop Manual and the air
carrier's approved continuous airworthiness maintenance program (CAMP)
to add mandatory inspections of certain low pressure turbine rear
frames (TRFs) to the ALS or CAMP.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office

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 street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is provided in
the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.

Update Table for Figure 805

    Delta Airlines requests that we change the wording in the table for
Figure 805 because CFM International updated CFM56-7B Engine Shop
Manual section 05-21-03, with Temporary Revision 05-0080, dated
December 5, 2006. We agree and have reworded the table for Figure 805
to reflect wording used by the original equipment manufacturer (OEM).
For clarification, we also moved the titles for Figures 806 and 807 to
the beginning of the figures.

Guidance on Future Revisions

    Delta Airlines also suggests that we provide guidance on making
future OEM revisions to ESM section 05-21-03 while maintaining
compliance with the AD. We disagree. The information contained within
sections (j) and (k) of the AD is adequate. Any future OEM changes to
the ALS that affect compliance with this AD will require an AD revision
or supersedure, depending on the specific situation. Airlines should
make changes to items outside of this specific area and incorporate
them into their ESM or CAMP per their normal procedures.

Add Part Numbers (P/Ns) to Applicability

    Finally, Delta Airlines requests that we add P/Ns 340-166-251-0,
340-166-252-0 and 340-166-253-0 to the Applicability section and
clarify whether these P/Ns will be applicable to the business jet
application as well as the commercial application. We disagree. The
intent of this AD is to make operators aware of the life limit/
mandatory inspections recently introduced by CFM International in the
Airworthiness Limitations Section of the CFM56-7B Engine Shop Manual
that affect P/Ns that were not previously limited. Ignoring these new
limitations could create a potentially unsafe condition. The P/Ns
listed above were subject to a life limit and mandatory inspection when
first introduced to the ESM, therefore, there is no potential unsafe
condition. Business jet and commercial engine model applicability of
the new P/Ns is as listed in the ESM.

Conclusion

    We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect 1,228 engines installed on
airplanes of U.S. registry. While the cost of making the manual change
is negligible, the resulting inspections must be discussed. Since life
extensions are possible on condition, the cost of the AD is limited to
performing TRF inspections. We estimate that it will take about 3.0
work-hours per engine to perform the actions, including the TRF
inspections, and that the average labor rate is $80 per work-

hour. No parts are required. Based on these figures, we estimate the
total cost of the AD to U.S. operators to be $294,720.

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 have 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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary at the
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2008-03-09 CFM International, S.A.: Amendment 39-15359. Docket No.
FAA-2007-27229; Directorate Identifier 2007-NE-03-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March
10, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to CFM International, S.A. CFM56-7B18, -
7B20, -7B22, -7B24, -7B26, -7B27, -7B22/B1, -7B24/B1, -7B26/B1, -
7B27/B1, -7B22/B2, -7B26/B2, -7B27/B3 turbofan engines with turbine
rear frame (TRF), part numbers 340-166-205-0, 340-166-206-0, 340-
166-207-0, 340-166-208-0, 340-166-209-0, and 340-166-210-0,
installed. These engines are installed on, but not limited to,
Boeing 737 series airplanes.

Unsafe Condition

    (d) This AD results from a refined lifing analysis by the engine
manufacturer that shows the need to identify an initial threshold
for inspecting certain TRFs. We are issuing this AD to prevent
failure of the TRF from low-cycle fatigue cracks. Failure of the TRF
could result in engine separation from the airplane, which could
lead to loss of control of the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within 30 days after the effective date of this AD,
unless the actions have already been done.

Mandatory Inspections

    (f) Within the next 30 days after the effective date of this AD,
revise the applicable inspection program for the Business Jet and
Air Carrier engine models by adding the Mandatory Inspection
Intervals as specified in this AD, and revise the Airworthiness
Limitations Section (ALS) (chapter 05-21-03) of the CFM56-7B Engine
Shop Manual, CFMI-TP-SM.10 by adding the following:

TURBINE REAR FRAME WITH TANGENTIAL STRUTS--MANDATORY INSPECTIONS--
LIFE LIMITS

TASK 05-21-03-200-001

1. General
    A. This section contains the FAA and EASA mandatory Eddy Current
inspection intervals for the turbine rear frame with tangential
struts. The inspection uses:

--A threshold limit, specified in flight cycles
--Inspection intervals, specified in flight cycles

    B. The threshold limit is the timing of the first required
inspection. First inspection must be done before that part has
reached the threshold number of flight cycles.
    C. The inspection intervals specify the timing of inspections to
be done after the threshold inspection has been reached. Inspections
are repetitive without any limit.

    2. Mandatory Inspection Intervals for the Critical Areas of the
Turbine Rear Frame with Tangential Struts (4 Mount Struts, No. 1, 2,
15, and 16).
    C. Turbine Rear Frame Part Numbers 340-166-205-0, 340-166-206-0,
340-166-207-0, 340-166-208-0, 340-166-209-0, 340-166-210-0, for all
CFM56-7B SAC engine models (except -7B27A engine models). Refer to
figure 805.

----------------------------------------------------------------------------------------------------------------
                                                 Inspection threshold  Inspection intervals       Inspection
     Figure index No.       Inspection location   (cycles since new)         (cycles)             reference
----------------------------------------------------------------------------------------------------------------
805......................  Strut/outer ring      25,000 * for -7B SAC  Refer to Figure 806   Refer to SB 72-
                            fillet radius on      (except business      * for -7B SAC         0579.*
                            trailing edge (A).    jet) engine models.   (except business
                                                                        jet) engine models.
                           Strut/hub fillet      19,000 * for -7B SAC  Refer to Figure 807
                            radius on leading     business jet engine   * for -7B SAC
                            edge (B).             models.               business jet engine
                                                                        models.
                           Strut/outer ring
                            fillet radius on
                            trailing edge (C1
                            below outer ring).
                           Strut/outer ring
                            fillet radius on
                            trailing edge (C2
                            above outer ring) .
----------------------------------------------------------------------------------------------------------------
Note: * Applicable to all inspection locations. If inspection is not performed, part must be removed.

BILLING CODE 4910-13-P

[GRAPHIC] [TIFF OMITTED] TR04FE08.000

[GRAPHIC] [TIFF OMITTED] TR04FE08.001

[GRAPHIC] [TIFF OMITTED] TR04FE08.002

    (g) After the effective date of this AD, we will not approve any
alternative inspection intervals for these parts except as provided
for in paragraph (j) of this AD.

TRFs With Unknown Cycles

    (h) If you cannot establish the number of cycles accumulated
since new, remove or inspect the TRF within 300 cycles-in-service
after the effective date of this AD. The CFM56-7B Engine Shop Manual
(ESM) or air carrier's approved continuous airworthiness maintenance
program (CAMP) contains information for inspecting the TRF.
    (i) You may install a TRF removed in paragraph (h) of this AD
after the TRF passes an initial inspection for cracks. The CFM56-7B
ESM or CAMP contains information on inspecting the TRF.

Alternative Methods of Compliance

    (j) The Manager, Engine Certification Office, has the authority
to approve alternative methods of compliance for this AD if
requested using the procedures found in 14 CFR 39.19.

Maintaining Records of the Mandatory Inspections

    (k) You have met the requirements of this AD by making the
changes to the Engine Shop Manual as specified in paragraph (f) of
this AD, and, for air carriers operating under part 121 of the
Federal Aviation Regulations (14 CFR part 121), by modifying your
continuous airworthiness maintenance plan to reflect those changes.
You must maintain records of the mandatory inspections that result
from those changes to the ALS according to the regulations governing
your operation. You do not need to record each inspection as
compliance to this AD. For air carriers operating under part 121,
you may use the system established to comply with section 121.369.

Related Information

    (l) CFM International Service Bulletin CFM56-7B S/B 72-0579,
Revision 1, dated October 27, 2006, contains information about Eddy
Current inspection.
    (m) Contact Antonio Cancelliere, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; telephone (781) 238-
7751; fax<PHONE_NUMBER>, for more information about this AD.

    Issued in Burlington, Massachusetts, on January 23, 2008.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E8-1830 Filed 2-1-08; 8:45 am]

BILLING CODE 4910-13-C


MINUTES EX PARTE MEETING BETWEEN EPA AND NRC STAKHOLDER GROUP NOVEMBER 21, 2003 Attendees Organization Kate Krebs National Recycling Coalition ( NRC) George Vary American Zinc Association Chip Foley Steel Recycling Institute Deborah Hanlon U. S. EPA, Office of Solid Waste ( OSW) Terry Grist EPA, OSW Sue Nogas EPA, OSW Richard Witt EPA, Office of General Counsel Introduction On November 21, 2003, an informal stakeholder group facilitated by NRC met with representatives of the U. S. Environmental Protection Agency ( EPA) to discuss the Comprehensive Procurement Guidelines ( CPG) program generally.

Meeting Discussion During the meeting, the stakeholders raised concern over certain language that appeared in the CPG IV proposed rule preamble, published in the Federal Register on August 21, 2001 ( 66FR 45256). The language also appeared in footnotes to several tables in EPA's draft Recovered Materials Advisory Notice IV ( RMAN IV) ( see 66 FR 45297). Specifically, the stakeholders were concerned that this language could somehow be misinterpreted to mean that procuring agencies need not buy designated items with recovered materials, but rather could buy virgin products. As an illustration, here is the language as it appears beneath the draft RMAN IV table for roofing materials ( see 66 FR 45304):

A final designation would not preclude a procuring agency from purchasing roofing materials manufactured from another material. It imply requires that a procuring agency, when purchasing steel, aluminum, fiber, rubber, plastic, wood, or cement roofing materials, purchase these items made with recovered materials when these items meet applicable specifications and performance requirements.

EPA representatives agreed to review this language in the CPG IV final rule preamble and final RMAN IV table footnotes and consider clarifying it if necessary.

** Minutes prepared by Sue Nogas, EPA.


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

General Comment:Under the name of this website are the following words: “Your Voice in Federal Decision-Making.” If that is true, and the FDA wants to hear meaningfully from the people whose lives it affects, I respectfully ask that you extend the comment period from 75 days to 180 days for the FDA’s “Proposed Rule: Deeming Tobacco Products to Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the FSPTCA” (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491.

For the five-plus years that I have been a consumer of electronic cigarette products, I have anticipated FDA’s Proposed Rule with great concern and no small amount of anxiety. I want to provide a thorough response, but given the number and complexity of the issues FDA has raised, this is impossible to do by the current deadline.

E-cigarettes have made a profound difference in my life, and any action the FDA takes to affect e-cigarettes, will affect my life, profoundly. To provide the requested information will take more time than you have given me. I ask that the FDA exercise its authority under 21 CFR 10.40 to extend the deadline for comments on this important issue, as it has done numerous times in the past for other issues.

Thank you for your consideration.


[Federal Register Volume 78, Number 97 (Monday, May 20, 2013)]
[Notices]
[Page 29406]
[FR Doc No: 2013-11878]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69575; File Nos. SR-NYSE-2012-57; SR-NYSEMKT-2012-58]

Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE
MKT LLC; Notice of Designation of Longer Period for Commission Action
on Proceedings To Determine Whether To Disapprove Proposed Rule Changes
Deleting NYSE Rules 95(c) and (d) and NYSE MKT Rules 95(c) and (d)--
Equities and Related Supplementary Material

May 14, 2013.
    On October 26, 2012, the New York Stock Exchange LLC (``NYSE'') and
NYSE MKT LLC (``NYSE MKT'') (collectively, the ``Exchanges'') each
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ proposed rule changes
(``Proposals'') to delete NYSE Rules 95(c) and (d) and related
Supplementary Material and NYSE MKT Rules 95(c) and (d)--Equities and
related Supplementary Material, respectively. The Proposals were
published for comment in the Federal Register on November 15, 2012.\3\
The Commission received no comment letters on the Proposals.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 68185 (November 8,
2012), 77 FR 68188 (SR-NYSE-2012-57) (``NYSE Notice''); Release No.
68186 (November 8, 2012), 77 FR 68191 (SR-NYSEMKT-2012-58) (``NYSE
MKT Notice'').
---------------------------------------------------------------------------

    On December 21, 2012, the Commission extended the time period in
which to either approve, disapprove, or to institute proceedings to
determine whether to disapprove the Proposals, to February 13, 2013.\4\
On February 13, 2013, the Commission instituted proceedings to
determine whether to approve or disapprove the Proposals.\5\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 68522, 77 FR 77160
(December 31, 2012) (SR-NYSE-2012-57); Release No. 68521, 77 FR
77152 (SR-NYSEMKT-2012-58) (December 31, 2012).
    \5\ See Securities Exchange Act Release No. 68923 (February 13,
2013), 78 FR 11928 (February 20, 2013) (``Order Instituting
Proceedings'').
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \6\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the Proposals not later than 180 days after the date of
publication of notice of the filing of the proposed rule change. The
Commission may extend the period for issuing an order approving or
disapproving the Proposals, however, by not more than 60 days if the
Commission determines that a longer period is appropriate and publishes
the reasons for such determination. The Proposals were published for
notice and comment in the Federal Register on November 15, 2012. May
14, 2013 is 180 days from that date, and July 13, 2013 is an additional
60 days from that date.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the Proposals
so that it has sufficient time to consider the Proposals. Specifically,
as the Commission noted in the Order Instituting Proceedings, the
Proposals raise the issue that elimination of the Rule 95(c)
restriction on Floor brokers in connection with intra-day trading, as
contemplated by the Proposals, may not be consistent with the Act in
light of other benefits currently conferred by the Exchanges upon Floor
brokers. For example, under the Exchanges' rules, a Floor broker is
entitled to a potentially preferential ``parity'' allocation of shares
of an Exchange execution, as compared with off-Floor market
participants that place orders on the Exchanges' respective books.\7\
Accordingly, a customer of a Floor broker engaged in intra-day trading,
through an algorithmic proprietary trading strategy or otherwise, may
have an advantage over market participants pursuing similar strategies
directly on the Exchanges' respective books, by virtue of the Floor
broker's parity status. The restrictions contained in Rules 95(c) and
(d) today may serve to help counterbalance those advantages.\8\
---------------------------------------------------------------------------

    \7\ See NYSE Rule 72(c)(ii) (``For the purpose of share
allocation in an execution, each single Floor broker, the DMM and
orders collectively represented in Exchange systems (referred to
herein as ``Book Participant'') shall constitute individual
participants. The orders represented in the Book Participant in
aggregate shall constitute a single participant and will be
allocated shares among such orders by means of time priority with
respect to entry.''); see also NYSE MKT Rule 72(c)(ii) (same).
    \8\ See Order Instituting Proceedings, supra note 5 at 11929,
11930.
---------------------------------------------------------------------------

    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\9\ designates July 12, 2013, as the date by which the Commission
shall either approve or disapprove the Proposals.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
    \10\ The Commission notes that July 13, 2013 is a Saturday and
is, therefore, designating July 12, 2013 as the date by which the
Commission shall either approve or disapprove the Proposals.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-11878 Filed 5-17-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 185 (Monday, September 26, 2022)]
[Notices]
[Pages 58405-58406]
[FR Doc No: 2022-20726]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-453, OMB Control No. 3235-0510]

Proposed Collection; Comment Request; Extension: Rule 302

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and
Exchange Commission (``Commission'') is soliciting comments on the
existing collection of information provided for in Rule 302 (17 CFR
242.302) of Regulation ATS (17 CFR 242.300 et seq.) under the
Securities and Exchange Act of 1934 (``Act'') (15 U.S.C. 78a et seq.).
The Commission plans to submit this existing collection of information
to the Office of Management and Budget (``OMB'') for extension and
approval.
    Regulation ATS sets forth a regulatory regime for ``alternative
trading systems'' (``ATSs''). An entity that meets the definition of an
exchange must register, pursuant to Section 5 of the Exchange Act, as a
national securities exchange under Section 6 of the Exchange Act \1\ or
operate pursuant to an appropriate exemption.\2\ One of the available
exemptions is for ATSs.\3\ Exchange Act Rule 3a1-1(a)(2) exempts from
the definition of ``exchange'' under Section 3(a)(1) an organization,
association, or group of persons that complies with Regulation ATS.\4\
Regulation ATS requires an ATS to, among other things, register as a
broker-dealer with the Securities and Exchange Commission (``SEC''),
file a Form ATS with the Commission to notice its operations, and
establish written safeguards and procedures to protect subscribers'
confidential trading information. An ATS that complies with Regulation
ATS and operates pursuant to the Rule 3a1-

1(a)(2) exemption would not be required by Section 5 to register as a
national securities exchange.
---------------------------------------------------------------------------

    \1\ See 15 U.S.C. 78e and 78f. A ``national securities
exchange'' is an exchange registered as such under Section 6 of the
Exchange Act.
    \2\ 15 U.S.C. 78a et seq.
    \3\ Rule 300(a) of Regulation ATS provides that an ATS is ``any
organization, association, person, group of persons, or system: (1)
[t]hat constitutes, maintains, or provides a market place or
facilities for bringing together purchasers and sellers of
securities or for otherwise performing with respect to securities
the functions commonly performed by a stock exchange within the
meaning of [Exchange Act Rule 3b-16]; and (2) [t]hat does not: (i)
[s]et rules governing the conduct of subscribers other than the
conduct of subscribers' trading on such [ATS]; or (ii) [d]iscipline
subscribers other than by exclusion from trading.''
    \4\ See 17 CFR 240.3a1-1(a)(2).
---------------------------------------------------------------------------

    Rule 302 of Regulation ATS (17 CFR 242.302) describes the
recordkeeping requirements for ATSs. Under Rule 302, ATSs are required
to, among other things, make a record of subscribers to the ATS, daily
summaries of trading in the ATS, and time-sequenced records of order
information in the ATS.
    The information required to be collected under Rule 302 should
increase the abilities of the Commission, state securities regulatory
authorities, and the self-regulatory organizations to ensure that ATSs
are in compliance with Regulation ATS as well as other applicable rules
and regulations. If the information is not collected or collected less
frequently, the regulators would be limited in their ability to comply
with their statutory obligations, provide for the protection of
investors, and promote the maintenance of fair and orderly markets.
    Respondents consist of ATSs that choose to operate pursuant to the
exemption provided by Regulation ATS from registration as national
securities exchanges. There are currently 101 respondents. These
respondents will spend a total of approximately 4,545 hours per year
(101 respondents at 45 burden hours/respondent) to comply with the
recordkeeping requirements of Rule 302. At an average cost per burden
hour of $83, the resultant total related total internal cost of
compliance for these respondents is approximately $377,235 per year
(4,545 burden hours multiplied by $83/hour).
    Written comments are invited on (a) whether the proposed collection
of information is necessary for the proper performance of the functions
of the Commission, including whether the information shall have
practical utility; (b) the accuracy of the Commission's estimates of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted by November 25, 2022.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comment to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected].

    Dated: September 20, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-20726 Filed 9-23-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Notices]
[Page 7362]
[FR Doc No: 2019-03744]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP19-641-001.
    Applicants: Dominion Energy Questar Pipeline, LLC.
    Description: Tariff Amendment: 2019 Cleanup, Amended Filing to be
effective 3/10/2019.
    Filed Date: 2/21/19.
    Accession Number: 20190221-5166.
    Comments Due: 5 p.m. ET 3/5/19.

    Docket Numbers: RP19-642-001.
    Applicants: Dominion Energy Overthrust Pipeline, LLC.
    Description: Tariff Amendment: 2019 Cleanup, Amended Filing to be
effective 3/10/2019.
    Filed Date: 2/21/19.
    Accession Number: 20190221-5167.
    Comments Due: 5 p.m. ET 3/5/19.

    Docket Numbers: RP19-682-000.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: Sec.  4(d) Rate Filing: ETNG 2019-02-22 Negotiated
Rate Cleanup Filing to be effective 3/25/2019.
    Filed Date: 2/22/19.
    Accession Number: 20190222-5034.
    Comments Due: 5 p.m. ET 3/6/19.

    Docket Numbers: RP19-683-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Non-Conforming--St. James
Supply to be effective 4/1/2019.
    Filed Date: 2/22/19.
    Accession Number: 20190222-5035.
    Comments Due: 5 p.m. ET 3/6/19.

    Docket Numbers: RP19-684-000.
    Applicants: Clear Creek Storage Company, L.L.C.
    Description: Tariff Cancellation: Cancellation of Clear Creek
Storage Company, L.L.C. Tariff to be effective 2/22/2019.
    Filed Date: 2/22/19.
    Accession Number: 20190222-5059.
    Comments Due: 5 p.m. ET 3/6/19.

    Docket Numbers: RP19-685-000.
    Applicants: Millennium Pipeline Company, L.L.C.
    Description: Operational Transactions Report of Millennium Pipeline
Company, LLC under RP19-685.
    Filed Date: 2/22/19.
    Accession Number: 20190222-5097.
    Comments Due: 5 p.m. ET 3/6/19.

    Docket Numbers: RP19-686-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate 2019-02-21 Amend BHS
(3) to be effective 2/21/2019.
    Filed Date: 2/22/19.
    Accession Number: 20190222-5137.
    Comments Due: 5 p.m. ET 3/6/19.

    Docket Numbers: RP19-687-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate 2019-02-22 Amend (1)
BHS DTE to be effective 2/22/2019.
    Filed Date: 2/22/19.
    Accession Number: 20190222-5156.
    Comments Due: 5 p.m. ET 3/6/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 25, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-03744 Filed 3-1-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: March 24, 2009 (Volume 74, Number 55)]
[Notices]
[Page 12410-12412]
[DOCID:fr24mr09-133]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59588; File No. SR-NASDAQ-2009-025]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change by The NASDAQ Stock Market LLC
Related To the $1 Strike Price Program

March 17, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on March 17, 2009, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by Nasdaq. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    Nasdaq proposes for NOM to modify Chapter IV, Section 6 (Securities
Traded on NOM) of its options rules to expand the Exchange's $1 Strike
Price Program (the ``Program'').\3\
---------------------------------------------------------------------------

    \3\ The $1 Strike Price Program was initially approved as a
pilot on March 12, 2008. See Securities Exchange Act Release No.
57478 (March 12, 2008), 73 FR 14521 (March 18, 2008) (SR-NASDAQ-
2007-004 and SR-NASDAQ-2007-080).The program was subsequently
expanded and made permanent. See Securities Exchange Act Release No.
58093 (July 3, 2008), 73 FR 39756 (July 10, 2008) (SR-NASDAQ-2008-
057).
---------------------------------------------------------------------------

    The text of the proposed rule change is available from Nasdaq's
website at http://nasdaq.cchwallstreet.com, at Nasdaq's principal
office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to modify Chapter IV,
Section 6 of NOM options rules to expand the Program to allow the
Exchange to select 55 individual stocks on which options may be listed
at $1 strike price intervals and to expand the price range on which the
Exchange may list such options.
    Currently, the Program allows Nasdaq to select a total of 10
individual stocks on which option series may be listed at $1 strike
price intervals. In order to be eligible for selection into the
Program, the underlying stock must close below $50 in its primary
market on the previous trading day. If selected for the Program, the
Exchange may list strike prices at $1 intervals from $3 to $50, but no
$1 strike price may be listed that is greater than $5 from the
underlying stock's closing price in its primary market on the previous
day. The Exchange may also list $1 strikes on any other option class
designated by another securities exchange that employs a similar
Program under their respective rules. The Exchange may not list long-
term option series at $1 strike price intervals for any class selected
for the Program. The Exchange also is restricted from listing any
series that would result in strike prices being $0.50 apart.
    The Exchange now proposes to expand the Program to allow Nasdaq to
select a total of 55 individual stocks on which option series may be
listed at $1 strike price intervals, and to expand slightly the price
range on which the Exchange may list $1 strikes, i.e., from $1 to $50.
The existing restrictions on listing $1 strikes would continue, i.e.,
no $1 strike price may be listed that is greater than $5 from the
underlying stock's closing price in its primary market on the previous
day, and Nasdaq is restricted from listing any series that would result
in strike prices being $0.50 apart.
    As stated in the Commission orders that initially approved the $1
strike price program and in subsequent extensions and expansions of the
program,\4\ the Exchange believes that $1 strike price intervals
provide investors with greater flexibility in the trading of equity
options that overlie lower price stocks by allowing investors to
establish equity options positions that are better tailored to meet
their investment objectives. Indeed, member firms representing
customers have repeatedly requested that Nasdaq seek to expand the
Program in terms of the number of classes on which option series may be
listed at $1 strike price intervals. The Exchange notes that current
market conditions, in which the number of securities trading below $50
has increased dramatically, further warrant the expansion of the
Program.
---------------------------------------------------------------------------

    \4\ See supra note 3. See also. Securities Exchange Act Release
Nos. 48013 (June 11, 2003), 68 FR 35933 (June 17, 2003) (SR-Phlx-
2002-55); 49801 (June 3, 2004), 69 FR 32652 (June 10, 2004) (SR-
Phlx-2004-38); and 57111 (January 8, 2008), 73 FR 2297 (January 14,
2008) (SR-Phlx-2008-01).
---------------------------------------------------------------------------

    The Exchange is also proposing to set forth a delisting policy.
Specifically, the Exchange would, on a monthly basis, review series
that were originally listed under the Program with strike prices that
are more than $5 from the current values of the options classes in the
Program. The Exchange would delist series with no open interest in both
the put and the call series having a: (i) Strike higher than the
highest strike price with open interest in the put and/or call series
for a given expiration month; and (ii) strike lower than the lowest
strike price with open interest in the put and/or call series for a
given expiration month.
    Notwithstanding the proposed delisting policy, Nasdaq could grant
member requests to add strikes and/or maintain strikes in certain
options classes in series eligible for delisting.
    Further, in connection with the proposed delisting policy, if the
Exchange identifies series for delisting, the Exchange shall notify
other options exchanges with similar delisting policies regarding
eligible series for listing, and shall work with such other exchanges
to develop a uniform list of series to be delisted, so as to ensure
uniform series delisting of multiply listed options classes. Nasdaq
expects that the proposed delisting policy will be adopted by other
options exchanges that amend their rules to employ a similar expansion
of the Program.
    With regard to the impact on system capacity, Nasdaq has analyzed
its capacity and represents that it and the Options Price Reporting
Authority (``OPRA'') have the necessary systems capacity to handle the
additional traffic associated with the listing and trading of an
expanded number of series as proposed by this filing.
    The Exchange believes that the Program has provided investors with
greater trading opportunities and flexibility and the ability to more
closely tailor their investment strategies and decisions to the
movement of the underlying security. Furthermore, the Exchange has not
detected any material proliferation of illiquid options series
resulting from the narrower strike price intervals. For these reasons,
Nasdaq requests an expansion of the current Program.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \5\ in general, and furthers the objectives of Section
6(b)(5) of the Act \6\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
The Exchange believes that expanding the current $1 Strike Program will
result in a continuing benefit to investors by giving them more
flexibility to closely tailor their investment decisions in greater
number of securities.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    Nasdaq 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 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 after the date of the filing, 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\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. Nasdaq has met this requirement.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the operative delay
to permit the proposed rule change to become operative prior to the
30th day after filing. The Commission has determined that waiving the
30-day operative delay of the Exchange's proposal is consistent with
the protection of investors and the public interest because such waiver
will enable the Exchange to implement its proposed expansion of the
Program contemporaneously with other exchanges,\9\ and respond to
increased customer demand for $1 strikes without delay.\10\ Therefore,
the Commission designates the proposal operative upon filing. The
Commission expects that the Exchange will continue to monitor the
trading volume associated with the additional options series listed as
a result of this proposal and the effect of these additional series on
market fragmentation and on the capacity of the Exchange's, OPRA's, and
vendors' automated systems.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 59587 (March 17,
2009) (SR-ISE-2009-04, SR-CBOE-2009-001, SR-NYSEArca-2009-10, and
SR-NYSEALTR-2009-11) (Order Granting Accelerated Approval of
Proposed Rule Changes, as Amended, to Expand the $1 Strike Program).
    \10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission 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 No. SR-NASDAQ-2009-025 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-2009-025. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE, Washington, DC 20549, 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 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 No. SR-NASDAQ-2009-025 and should be
submitted on or before April 14, 2009.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-6328 Filed 3-23-09; 8:45 am]

BILLING CODE 8010-01-P