[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Proposed Rules]
[Pages 15293-15295]
[FR Doc No: 2012-6249]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0265; Directorate Identifier 2010-NM-216-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to certain Dassault Aviation Model FALCON 7X
airplanes. The existing AD currently requires revising the Abnormal
Procedures and Limitations sections of the Dassault F7X airplane flight
manual. Since we issued that AD, we have determined that additional
actions are necessary to address the identified unsafe condition. This
proposed AD would require performing a test of the power distribution
control units (PDCU) cards and generator control units (GCU) cards to
detect faculty components, and if any faulty components are found,
replacing any affected PDCU or GCU card. We are proposing this AD to
detect and correct a leakage failure mode of transient voltage
suppression (TVS) diodes used on PDCU cards or GCU cards in the primary
power distribution boxes (PPDB), which, in combination with other
system failures, could lead to loss of controllability of the airplane.

DATES: We must receive comments on this proposed AD by April 30, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For Dassault service information identified in this proposed AD,
contact Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New
Jersey 07606; telephone<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com. For Goodrich Corporation, Power Systems, 1555
Corporate Woods Parkway, Uniontown, Ohio 44685-8799; telephone 330-487-
2007; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.goodrich.com/TechPubs. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0265;
Directorate Identifier

2010-NM-216-AD'' at the beginning of your comments. We specifically
invite comments on the overall regulatory, economic, environmental, and
energy aspects of this proposed AD. We will consider all comments
received by the closing date and may amend this proposed AD based on
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On August 11, 2010, we issued AD 2010-18-03, Amendment 39-16416 (75
FR 51931, August 24, 2010). That AD required actions intended to
address an unsafe condition on certain Dassault Aviation Model FALCON
7X airplanes. The preamble of AD 2010-18-03 explains that we consider
the requirements of that AD ``interim action'' and are considering
further rulemaking to mandate inspection (testing) of the PDCU and GCU
cards and replacement of faulty cards, as required by European Aviation
Safety Agency AD 2010-0073, dated April 15, 2010. The planned
compliance time for those actions would allow enough time for prior
public comment on the merits of those actions. This proposed AD follows
from that determination.
    The unsafe condition is a leakage failure mode of TVS diodes used
on PDCU or GCU cards in the PPDB, which, in combination with other
system failures, could lead to loss of controllability of the airplane.
You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Dassault Aviation has issued Mandatory Service Bulletin 7X-133,
dated December 4, 2009. Goodrich Power Systems has issued the following
service bulletins:
     Goodrich Service Bulletin 80232190-24-01, dated August 13,
2009;
     Goodrich Service Bulletin 80232191-24-01, dated August 13,
2009; and
     Goodrich Service Bulletin 80232192-24-01, dated August 13,
2009.
    The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 9 products of U.S. registry.
    The actions that are required by AD 2010-18-03, Amendment 39-16416
(75 FR 51931, August 24, 2010), and retained in this proposed AD, take
about 4 work-hours per product, at an average labor rate of $85 per
work hour. Based on these figures, the estimated cost of the currently
required actions is $340 per product.
    We estimate that it would take about 4 work-hours per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of the proposed AD on U.S. operators to be $3,060, or $340 per
product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD. We have no way of determining the number of products that may need
these actions.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing AD 2010-18-03, Amendment
39-16416 (75 FR 51931, August 24, 2010), and adding the following new
AD:

Dassault Aviation: Docket No. FAA-2012-0265; Directorate Identifier
2010-NM-216-AD.

(a) Comments Due Date

    We must receive comments by April 30, 2012.

(b) Affected ADs

    This AD supersedes AD 2010-18-03, Amendment 39-16416 (75 FR
51931, August 24, 2010).

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 7X airplanes,
certificated in any category, all serial numbers except those on
which Dassault Aviation Modification M724 is embodied.

(d) Subject

    Air Transport Association (ATA) of America Code 24: Electrical
Power.

(e) Reason

    This AD was prompted by a determination that additional actions
are necessary to address the identified unsafe condition identified
in AD 2010-18-03, Amendment 39-16416 (75 FR 51931, August 24, 2010).
We are issuing this AD to detect and correct a leakage failure mode
of transient voltage suppression (TVS) diodes used on power
distribution control units (PDCU) cards or generator control units
(GCU) cards in the primary power distribution boxes, which, in
combination with other system failures, could lead to loss of
controllability of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Retained Airplane Flight Manual Revision (AFM)

    This AFM revision is retained from AD 2010-18-03, Amendment 39-
16416 (75 FR 51931, August 24, 2010): Within 30 days after September
8, 2010 (the effective date of AD 2010-18-03, Amendment 39-16416 (75
FR 51931, August 24, 2010)), revise the Abnormal Procedures and
Limitations sections of the Dassault F7X AFM to include the
following statement. This may be done by inserting copies of this AD
into the AFM Limitations section and Abnormal Procedures section.

    ``Upon display of ELEC:BUS MISCONFIG TIED in Crew Alerting
System (Abnormal procedure 3-190-20), land at nearest suitable
airport
    Upon display of ELEC:LH ESS PWR LO or ELEC:LH ESS NO PWR
(Abnormal procedure 3-190-40), land at nearest suitable airport
    Upon display of ELEC:RH ESS PWR LO and ELEC:RH ESS NO PWR
(Abnormal procedure 3-190-45), land at nearest suitable airport
    Upon display of HYD:BACKUP PUMP HI TEMP (Abnormal procedure 3-
250-15), set off the pump and if the backup pump is still rotating
(green) in hydraulic synoptic, descend to a safe altitude or below
15,000 ft
    Caution: These temporary amendments take precedence over the
same procedures displayed through the Electronic Check List (ECL) in
the aeroplane.''

    Note 1 to paragraph (g) of this AD: When a statement identical
to that in paragraph (g) of this AD has been included in the
Limitations section and Abnormal Procedures section in the general
revisions of the AFM, the general revisions may be inserted into the
AFM, and the copy of this AD may be removed.

(h) New Requirements of This AD: Test the PDCU and GCU Cards

    For airplanes identified in Dassault Mandatory Service Bulletin
7X-133, dated December 4, 2009: Within 9 months after the effective
date of this AD, perform a test of the PDCU and GCU cards to detect
faulty components, in accordance with the Accomplishment
Instructions of Dassault Mandatory Service Bulletin 7X-133, dated
December 4, 2009. If any faulty components are found, before further
flight, replace any affected PDCU or GCU card, in accordance with
the Accomplishment Instructions of Dassault Aviation Mandatory
Service Bulletin 7X-133, dated December 4, 2009.

(i) Optional Method of Compliance

    For airplanes identified in Dassault Mandatory Service Bulletin
7X-133, dated December 4, 2009: Accomplishing the actions specified
in paragraph (h) of this AD, within 9 months after the effective
date of this AD, in accordance with the service information
specified in paragraphs (i)(1), (i)(2), and (i)(3) of this AD, is
acceptable for compliance with the actions specified in paragraph
(h) of this AD.
    (1) Goodrich Service Bulletin 80232190-24-01, dated August 13,
2009.
    (2) Goodrich Service Bulletin 80232191-24-01, dated August 13,
2009.
    (3) Goodrich Service Bulletin 80232192-24-01, dated August 13,
2009.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office. The AMOC approval letter
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(k) Related Information

    Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2010-0073, dated April 15, 2010, and the service bulletins
specified in paragraphs (k)(1) through (k)(4) of this AD, for
related information.
    (1) Dassault Aviation Mandatory Service Bulletin 7X-133, dated
December 4, 2009.
    (2) Goodrich Service Bulletin 80232190-24-01, dated August 13,
2009.
    (3) Goodrich Service Bulletin 80232191-24-01, dated August 13,
2009.
    (4) Goodrich Service Bulletin 80232192-24-01, dated August 13,
2009.

    Issued in Renton, Washington, on March 1, 2012.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-6249 Filed 3-14-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 18, 2010 (Volume 75, Number 95)]
[Proposed Rules]
[Page 27672]
[DOCID:fr18my10-16]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1140

[Docket No. FDA-2010-N-0136]
RIN 0910-AG33

Request for Comment on Implementation of the Family Smoking
Prevention and Tobacco Control Act; Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Advance notice of proposed rulemaking; extension of comment
period.

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SUMMARY: The Food and Drug Administration (FDA) is extending for 60
days the comment period for the advance notice of proposed rulemaking
(ANPRM) that appeared in the Federal Register of March 19, 2010. In the
ANPRM, FDA requested comments, data, research, or other information on
the regulation of outdoor advertising of cigarettes and smokeless
tobacco. The agency is taking this action in response to a request for
an extension to allow interested persons additional time to submit
comments.

DATES: The comment period for the advance notice of proposed
rulemaking, published March 19, 2010, at 75 FR 13241, is extended.
Submit electronic or written comments by July 19, 2010.

ADDRESSES: You may submit comments, identified by Docket No FDA-2010-N-
0136 and/or RIN number 0910-AG33, by any of the following methods:
Electronic Submissions
    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Written Submissions
    Submit written submissions in the following ways:
     FAX:<PHONE_NUMBER>.
     Mail/Hand delivery/Courier (for paper, disk, or CD-ROM
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the agency name
and docket number and Regulatory Information Number (RIN) for this
rulemaking. All comments received may be posted without change to
http://www.regulations.gov, including any personal information
provided. For additional information on submitting comments, see the
``Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
    Docket: For access to the docket to read background documents or
comments received, go to http://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 Division of
Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Annette Marthaler, Center for Tobacco
Products, Food and Drug Administration, 9200 Corporate Blvd.,
Rockville, MD 20850-3229, 1-877-287-1373,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of March 19, 2010 (75 FR 13241), FDA
published an ANPRM with a 60-day comment period to request data,
research, information, and comments on whether restrictions on outdoor
advertising of tobacco products are necessary to protect children and
adolescents from the harms caused by tobacco use and, if they are,
whether the restrictions under consideration (as identified in the
ANPRM), or close variations would be justified, lawful, and
appropriate. FDA also solicited data, research, information, and
comments on other restrictions on outdoor advertising that, either in
addition to or instead of the specific restrictions under
consideration, would advance the public health goal of protecting
children and adolescents from the harms caused by tobacco use.
    The agency has received a request for a 90-day extension of the
comment period for the ANPRM. The request conveyed concern that the
current 60-day comment period does not allow sufficient time to develop
a meaningful response to the ANPRM.
    FDA has considered the request and is extending the comment period
for the ANPRM for 60 days, until July 19, 2010. The agency believes
that a 60-day extension allows adequate time for interested persons to
submit comments without significantly delaying a rulemaking on this
important issue.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. it is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: May 13, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-11799 Filed 5-17-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Notices]
[Pages 11717-11718]
[FR Doc No: 2015-04451]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74389; File No. SR-CBOE-2015-011]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Granting Accelerated Approval of a Proposed Rule
Change To Amend Exchange Rules Related To Order Tickets

February 26, 2015.

I. Introduction

    On January 23, 2015, the Chicago Board Options Exchange,
Incorporated (the ``Exchange'' or ``CBOE'') filed with the Securities
and Exchange Commission (the ``Commission''), pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (the ``Act'')\1\ and
Rule 19b-4 thereunder,\2\ a proposed rule change to amend its rules
related to use of order tickets. This proposal was published for
comment in the Federal Register on February 4, 2015.\3\ The Commission
received no comments regarding the proposal. This order approves the
proposed rule change on an accelerated basis.
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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. 74169 (January 29,
2015), 80 FR 6145 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposes to amend its rules governing the use of order
tickets. According to the Exchange, system limitations on CBOE
currently may prevent a multi-part order with more than a certain
number of legs from being entered on a single order ticket for
representation and execution in open outcry as a complex order.\4\ As a
result, complex orders with more than the applicable leg limitation
that are represented in open outcry must be split up and entered on
multiple order tickets.\5\
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    \4\ See Notice, supra note 3 at 6147.
    \5\ Id.
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    The Exchange proposes to amend CBOE Rule 6.53 to require that
complex orders of twelve (12) legs or less (one leg of which may be for
an underlying security or security future, as applicable) must be
entered on a single order ticket at time of systemization to provide
consistency in processing, and to enhance the Exchange's audit
trail.\6\ If permitted by the Exchange via Regulatory Circular, complex
orders of more than twelve (12) legs (one leg of which may be for an
underlying security or security future, as applicable) may be split
across multiple order tickets, if the Trading Permit Holder (``TPH'')
representing the complex order includes twelve (12) legs on one of the
order tickets and identifies for the Exchange the order tickets that
are part of the same complex order (in a form and manner prescribed by
the Exchange).\7\
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    \6\ Id.
    \7\ Id.
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    The Exchange also proposes to add Interpretation and Policy .01 to
CBOE Rule 24.20 (pertaining to SPX Combo Orders) to require that an SPX
Combo Order for twelve (12) legs or less be entered on a single order
ticket at time of systemization.\8\ An SPX Combo Order that contains
more than twelve (12) legs may be represented and executed as a single
SPX Combo Order in accordance with CBOE Rule 24.20 if it is split
across multiple order tickets and the TPH representing the SPX Combo
Order includes twelve (12) legs on one of the order tickets and
identifies for the Exchange the order tickets that are part of the same
SPX Combo Order (in a manner and form prescribed by the Exchange).\9\
The Exchange will announce by Regulatory Circular whether it will
permit SPX Combo Orders with more than 12 legs and, if so permitted,
the form and manner in which the TPH must link the multiple order
tickets.\10\ The Exchanges notes that a TPH may submit an order that
does not satisfy these ticket requirements, but such order may not be
represented or executed as a single SPX Combo Order in accordance with
Rule 24.20.\11\ The Exchange also notes that Rules 24.20 already
specifies an applicable ratio, and it is proposing no changes to the
ratio through this rule filing.\12\
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    \8\ Id.
    \9\ If an Open outcry complex order or SPX Combo Order with more
than twelve legs is split across multiple order tickets, one of the
order tickets must contain twelve legs. For example, a thirteen leg
order cannot have seven legs on one ticket and six legs on another
ticket; rather, one ticket must have twelve legs and the other
ticket must have one leg. Id. at 6147.
    \10\ Id.
    \11\ Id.
    \12\ Id.
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III. Discussion and Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\13\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\14\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest. The Commission also finds that the proposed rule
change is consistent with Section 6(b)(1) of the Act,\15\ which
provides that the Exchange be organized and have the capacity to be
able to carry out the purposes of the Act and to enforce compliance by
the Exchange's members, and persons associated with members, with the
Act, the rules and regulations thereunder and the rules of the
Exchange.
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    \13\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ 15 U.S.C. 78f(b)(1).
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    The Commission notes that CBOE's proposal is designed to help
enhance the Exchange's audit trail with respect to open outcry complex
order processing and SPX Combo Orders. The Commission believes that the
proposal will help to protect investors and the public interest because
the Commission believes an audit trail serves to provides regulators
with information that aids them in surveiling activity on their market.
    In addition, the Commission finds good cause, pursuant to Section
19(b)(2) of the Act,\16\ for approving the proposed rule change prior
to the 45th day after publication of notice in the Federal Register.
The Commission notes that the substance of this proposal was noticed
for comment as part of changes proposed in a prior CBOE proposed rule
change, which CBOE withdrew.\17\ The

prior CBOE proposed rule change was published for the entire 21 day
comment period, and no comments were received.\18\ In addition, the
instant proposed rule change was published for a 15-day comment period
to ensure that the public had an opportunity to review the proposal in
its current form and no comments were received on the instant filing.
Finally, the Commission notes that the Exchange represents that it has
been in communication with TPHs about the changes proposed in the
instant filing and implementation issues since August 19, 2014, and has
provided training on a Floor Broker Workstation (``FBW) to support the
combo indicator and the entry of complex orders with up to twelve
legs.\19\
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    \16\ 15 U.S.C. 78s(b)(2).
    \17\ See Securities Exchange Act Release No. 72957 (September 2,
2014), 79 FR 53230 (September 8, 2014) (``SR-CBOE-2014-015
Notice''). CBOE withdrew SR-CBOE-2014-015 on November 21, 2014. The
Exchange notes that, unlike the instant filing, SR-CBOE-2014-015 did
not impose requirements on how a complex order with more than 12
legs should be split across multiple tickets. While the instant
filing imposes such a requirement, the Exchange does not believe
TPHs will be adversely affected by the proposed requirement
specifying how a complex order with more than 12 legs should be
split across multiple tickets. The Exchange states that PULSe, the
enhanced version of FBW, and proprietary systems that TPHs have
designed to comply with the single order ticket requirements of SR-
CBOE-2014-015 are capable of complying with the requirement
specifying how orders with more than 12 legs should be split across
multiple tickets without further programming or configuration. Id.
at 6147.
    \18\ SR-CBOE-2014-015 provided for several changes to various
CBOE Rules; this proposal specifically relates to Order Ticket
requirements. See SR-CBOE-2014-015 Notice, supra note 17.
    \19\ See Notice, supra note 3 at 6146.
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    Accordingly, the Commission finds that good cause exists for
approving the proposed rule change on an accelerated basis.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\20\ that the proposed rule change (File No. SR-CBOE-2015-011) be,
and hereby is, approved on an accelerated basis.
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    \20\ 15 U.S.C. 78s(b)(2).
    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-04451 Filed 3-3-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 11, 2010 (Volume 75, Number 6)]
[Proposed Rules]
[Page 1297-1301]
[DOCID:fr11ja10-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1253; Directorate Identifier 2009-NM-080-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-600, -700, -700C, -
800, -900, and -900ER Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all Boeing Model 737-600, -700, -700C, -
800, -900, and -900ER series airplanes. The existing AD currently
requires repetitive detailed inspections of the slat track downstop
assemblies to verify that proper hardware is installed, one-time
torquing of the nut and bolt, and corrective actions if necessary. This
proposed AD would also require replacing the hardware of the down stop
assembly with new hardware of the down stop assembly, doing a detailed
inspection or a borescope inspection of the slat cans on each wing and
the lower rail of the slat main tracks for debris, replacing the bolts
of the aft side guide with new bolts, and removing any debris found in
the slat can. This proposed AD also would remove airplanes from the
applicability. This proposed AD results from reports of parts coming
off the main slat track downstop assemblies. We are proposing this AD
to prevent loose or missing parts from the main slat track downstop
assemblies from falling into the slat can and causing a puncture, which
could result in a fuel leak and consequent fire.

DATES: We must receive comments on this proposed AD by February 25,
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER> or
425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6440; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-1253;
Directorate Identifier 2009-NM-080-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On August 28, 2007, we issued AD 2007-18-52, amendment 39-15197 (72
FR 53928, September 21, 2007), for all Boeing Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes. That AD superseded
emergency AD 2007-18-51 to require a shorter compliance time for the
actions originally required in emergency AD 2007-18-51. AD 2007-18-52
requires repetitive detailed inspections of the slat track downstop
assemblies to verify that proper hardware is installed, one-time
torquing of the nut and bolt, and corrective actions if necessary. That
AD resulted from reports of parts coming off the main slat track
downstop assemblies. We issued that AD to detect and correct loose or
missing parts from the main slat track downstop assemblies from falling
into the slat can and causing a puncture, which could result in a fuel
leak and consequent fire.

Actions Since Existing AD Was Issued

    The preamble to AD 2007-18-52 explains that we consider the
requirements ``interim action'' and were considering further
rulemaking. Since we issued AD 2007-18-52, Boeing has modified the
hardware of the down stop assembly and the bolts of the aft side guide.
The new modifications would terminate the actions required in AD 2007-
18-52. We now have determined that further rulemaking is indeed
necessary, and this proposed AD follows from that determination.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 737-57A1302, dated
December 15, 2008. The service bulletin describes procedures for
replacing the hardware of the down stop assembly with new hardware,
doing a detailed inspection or a borescope inspection of the slat cans
on each wing and the lower rail of the slat main tracks for debris,
replacing the bolts of the aft side guide with new bolts, and removing
any debris found in the slat can.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other airplanes of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2007-18-52 and would retain the requirements of the
existing AD. This proposed AD would also require accomplishing the
actions specified in the Relevant Service Information described
previously. The proposed AD would also remove certain airplanes having
line numbers 2700 and on from the applicability; these airplanes have a
design change incorporated during production, which is an equivalent
change to the actions described in the Relevant Service Information.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2007-18-52. As
a result, the corresponding paragraph identifiers have changed in this
proposed AD, as listed in the following table:

                      Revised Paragraph Identifiers
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                                             Corresponding  requirement
       Requirement in AD 2007-18-52             in this  proposed AD
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paragraph (f).............................  paragraph (g).
paragraph (g).............................  paragraph (h).
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Costs of Compliance

    There are about 2,699 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this proposed AD.

                                                                     Estimated Costs
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                                                                                Number of
                                                        Average labor                                               U.S.-
                 Action                    Work hours   rate per hour     Parts          Cost per airplane        registered          Fleet cost
                                                                                airplanes
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Inspection and Torquing (required by AD             8             $80           $0  $640, per inspection cycle.          853  $545,920, per inspection
 2007-18-52).                                                                                cycle.
Inspection and Modification (new                   18              80        5,388  6,828......................          853  5,824,284.
 proposed actions).
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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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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 regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing amendment 39-15197 (72 FR
53928, September 21, 2007) and adding the following new AD:

Boeing: Docket No. FAA-2009-+++++; Directorate Identifier 2009-NM-
080-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by February
25, 2010.

Affected ADs

    (b) This AD supersedes AD 2007-18-52.

Applicability

    (c) This AD applies to Boeing Model 737-600, -700, -700C, -800,
-900, and -900ER series airplanes, certificated in any category, as
identified in Boeing Alert Service Bulletin 737-57A1302, dated
December 15, 2008.

Subject

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

Unsafe Condition

    (e) This AD results from reports of parts coming off the main
slat track downstop assemblies. The Federal Aviation Administration
is issuing this AD to prevent loose or missing parts from the main
slat track downstop assemblies from falling into the slat can and
causing a puncture, which could result in a fuel leak and consequent
fire.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of AD 2007-18-52 With No Changes

    Note 1:  Paragraph (g) of this AD merely restates the
requirements of paragraph (f)(1) of emergency AD 2007-18-51 (which
was superseded by AD 2007-18-52). As allowed by the phrase, ``unless
the actions have already been done,'' if the applicable initial
inspections required by paragraph (f)(1) of emergency AD 2007-18-51
have already been done, this AD does not require that those
inspections be repeated until the repetitive interval of 3,000
flight cycles.

Repetitive Detailed Inspections

    (g) Within 10 days after September 26, 2007 (the effective date
of AD 2007-18-52): Do a detailed inspection or a borescope
inspection of each main slat track downstop assembly to verify
proper installation of the slat track hardware (i.e., the bolt,
washers, downstops, stop location, and nut shown in Figure 1 of
Boeing Service Letter 737-SL-57-084-B, dated July 10, 2007, and in
this AD). Proper installation of the sleeve need not be confirmed,
and the stop location part may be installed on either the inboard or
the outboard side of the slat track. If any part is missing or is
installed improperly, before further flight, install a new or
serviceable part using a method approved in accordance with the
procedures specified in paragraph (j) of this AD; and do a detailed
inspection of the inside of the slat can for foreign object debris
(FOD) and damage. Before further flight, remove any FOD found and
repair any damage found using a method approved in accordance with
the procedures specified in paragraph (j) of this AD. Verify proper
installation; install a new or serviceable part; and inspect for
damage and FOD, and remove FOD and repair damage, in accordance with
a method by approved by the Manager, Seattle Aircraft Certification
Office, FAA; or in accordance with Boeing Multi Operator Message
Number 1-523812011-1, issued August 25, 2007; or 1-527463441-1,
issued August 28, 2007. Repeat the actions required by paragraph (g)
of this AD thereafter at intervals not to exceed 3,000 flight
cycles.

    Note 2:  Paragraph (h) of this AD merely restates the
requirements of paragraph (f)(2) of emergency AD 2007-18-51. As
allowed by the phrase, ``unless the actions have already been
done,'' if the torque application required by paragraph (f)(2) of AD
emergency 2007-18-51 has already been done, this AD does not require
that the torque application be repeated.

One-Time Torquing

    (h) Within 24 days after receipt of emergency AD 2007-18-51:
Apply a torque between 50 to 80 inch-pounds to the nut. The bolt
head must be held with the torque applied to the nut.

    Note 3:  For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''

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BILLING CODE 4910-13-C

New Requirements of This AD

Modification and Inspection

    (i) Within 36 months after the effective date of this AD:
Replace the hardware of the down stop assembly with new hardware, do
a detailed inspection or a borescope inspection of the slat cans on
each wing and the lower rail of the slat main tracks for debris, and
replace the bolts of the aft side guide with new bolts, in
accordance with the Accomplishment Instructions of Boeing Alert

Service Bulletin 737-57A1302, dated December 15, 2008 (``the service
bulletin''); except, where the service bulletin specifies to replace
the slat main track or contact Boeing for further repair
instructions if the hole diameter is greater than 0.5005 inch,
before further flight replace the slat main track in accordance with
the service bulletin or repair using a method approved in accordance
with the procedures specified in paragraph (j) of this AD. If debris
is found during any inspection required by this AD, before further
flight, remove the debris in accordance with the Accomplishment
Instructions of the service bulletin. Doing the actions required by
paragraph (i) of this AD terminates the actions required by
paragraphs (g) and (h) of this AD.

Alternative Methods of Compliance

    (j)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
Attn: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM-120S,
FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Or, e-mail
information to<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously in accordance with AD 2007-18-52
are approved as AMOCs for the corresponding provisions of this AD.

     Issued in Renton, Washington, on December 23, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-187 Filed 1-8-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Notices]
[Pages 20409-20410]
[FR Doc No: 2011-8632]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64213; File No. SR-NSX-2011-04]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Its Rules To Extend a Pilot Program Regarding Trading Pauses in
Individual Securities Due to Extraordinary Market Volatility

April 6, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 31, 2011, National Stock Exchange, Inc. (``Exchange'' or
``NSX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change, as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comment on the proposed
rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    National Stock Exchange, Inc. (``NSX[supreg]'' or ``Exchange'') is
proposing to amend its rules to extend a certain pilot program
regarding trading pauses in individual securities due to extraordinary
market volatility.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nsx.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 parts of such
statements.

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

1. Purpose
    With this rule change, the Exchange is proposing to extend a pilot
program currently in effect regarding trading pauses in individual
securities due to extraordinary market volatility under NSX Rule
11.20B. Currently, unless otherwise extended or approved permanently,
this pilot program will expire on April 11, 2011. The instant rule
filing proposes to extend the pilot program until the earlier of August
11, 2011 or the date on which a limit up/limit down mechanism to
address extraordinary market volatility, if adopted, applies to the
Circuit Breaker Securities as defined in Commentary .05 of Rule 11.20.
    NSX Rule 11.20B (Trading Pauses in Individual Securities Due to
Extraordinary Market Volatility) was approved by the Securities and
Exchange Commission (the ``Commission'') on June 10, 2010 on a pilot
basis to end on December 10, 2010.\3\ The pilot program end date was
subsequently extended until April 11, 2011.\4\ Similar rule changes
were adopted by other markets in the national market system in a
coordinated manner. As the Exchange noted in its filing to adopt NSX
Rule 11.20B, during the pilot period, the Exchange, in conjunction with
other markets in the national market system, would continue to assess
whether additional securities need to be added and whether the
parameters of the rule would need to be modified to accommodate trading
characteristics of different securities. NSX Rule 11.20B was expanded
to include additional exchange traded products on September 10,
2010.\5\ The Exchange, in consultation with the Commission and other
markets, has determined that the duration of this pilot program should
be extended until August 11, 2011 or to coincide, if applicable, with
the earlier implementation date of the limit up/limit down mechanism.
Accordingly,

pursuant to the instant rule filing, the expiration date of the pilot
program referenced in Commentary .05 to Rule 11.20B is proposed to be
changed from ``April 11, 2011'' to the earlier of August 11, 2011 or
the date on which the limit up/limit down mechanism, if adopted,
applies to the Circuit Breaker Securities.
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    \3\ See Securities Exchange Act Release No. 62252 (June 10,
2010), 75 FR 34186 (June 16, 2010) (SR-NSX-2010-05).
    \4\ See Securities Exchange Act Release No. 63512 (December 9,
2010), 75 FR 78786 (December 16, 2010) (SR-NSX-2010-17).
    \5\ See Securities Exchange Act Release No. 62884 (September 10,
2010), 75 FR 56618 (September 16, 2010) (SR-NSX-2010-08).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) and Section 11A of the Act,\6\ in
general, and Section 6(b)(5) of the Act,\7\ in particular, in that it
is designed, among other things, to promote clarity, transparency and
full disclosure, in so doing, to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to maintain fair
and orderly markets and protect investors and the public interest.
Moreover, the proposed rule change is not discriminatory in that it
uniformly applies to all ETP Holders. The Exchange believes that the
extension of the pilot program will promote uniformity among markets
with respect to trading pauses.
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    \6\ 15 U.S.C. 78f(b) and 15 U.S.C. 78k-1, respectively.
    \7\ 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
impose any inappropriate burden on competition.

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

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

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

    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 if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). When filing a proposed rule change
pursuant to Rule 19b-4(f)(6) under the Act, an exchange is required
to give the Commission 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. The Commission notes that the Exchange
has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\10\
However, Rule 19b-4(f)(6)\11\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay.
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    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ Id.
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    The Commission has considered the Exchange's request to waive the
30-day operative delay. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest, as it will allow the pilot program to continue
uninterrupted, thereby avoiding the investor confusion that could
result from a temporary interruption in the pilot program.\12\ For this
reason, the Commission designates the proposed rule change to be
operative upon filing.
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    \12\ For the purposes only of waiving the operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. See 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 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 to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-NSX-2011-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSX-2011-04. 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, 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 offices of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.

    All submissions should refer to File Number SR-NSX-2011-04, and
should be submitted on or before May 3, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-8632 Filed 4-11-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Proposed Rules]
[Page 48342]
[FR Doc No: 2013-19126]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1908

[Docket No. OSHA-2010-0010]
RIN 1218-AC32

Consultation Agreements: Proposed Changes to Consultation
Procedures

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

ACTION: Withdrawal of proposed rule; termination of rulemaking.

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SUMMARY: The Occupational Safety and Health Administration (OSHA)
published a Notice of Proposed Rulemaking (NPRM) on September 3, 2010,
proposing to amend its regulations for the federally-funded On-site
Consultation Program to: Clarify, so it more directly reflects the
wording of section 21(d) of the Occupational Safety and Health Act,
(OSH Act), the length of the exemption period provided to sites that
have had their names removed from OSHA's Programmed Inspection
Schedule; and to clarify the high priority enforcement cases when OSHA
may initiate a non-programmed inspection at those sites that have
achieved recognition and exemption status. The Agency has decided to
withdraw the proposed rule.

DATES: This withdrawal becomes effective August 8, 2013.

FOR FURTHER INFORMATION CONTACT: For press inquiries: For press
inquiries about this notice contact Mr. Frank Meilinger, Director, OSHA
Office of Communications, Room N-3647, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
1999 or<EMAIL_ADDRESS>    For general and technical information: Mr. Patrick Showalter,
Director, Directorate of Cooperative and State Programs, Office of
Small Business Assistance, Room N-3660, OSHA, U.S. Department of Labor,
200 Constitution Avenue NW., Washington, DC 20210; telephone: (202)
693-2220 or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    OSHA administers and provides federal funding for the On-site
Consultation Program, which offers free and confidential safety and
health advice to small and medium sized businesses across the country,
with priority given to high-hazard worksites. This program assists
employers who may lack the resources to employ safety professionals, to
comply with the requirements of the OSH Act, and to create safer and
healthier workplaces. Trained safety and health professionals, provided
either by state agencies or public universities, work with employers to
identify workplace hazards, provide advice on compliance, and assist in
establishing safety and health management systems. On-site Consultation
services are separate from OSHA's enforcement activities and do not
result in penalties or citations.
    The On-site Consultation Program's Safety and Health Achievement
Recognition Program (SHARP) recognizes small employers who operate an
exemplary safety and health management system. Employers who
successfully complete a comprehensive On-site consultation visit,
correct all hazards identified during the visit, and implement an
ongoing safety and health program to identify and correct workplace
hazards, may be recommended for and may receive SHARP status. Those
that have received SHARP status will receive an exemption from OSHA's
Programmed Inspection Schedule during a specified period. Acceptance of
a worksite into SHARP from OSHA is an achievement that singles out a
business as a model for worksite safety and health.
    In a NPRM, published on September 3, 2010, OSHA proposed revising
its regulations for the On-site Consultation Program in the Federal
Register (75 FR 54064-54069). The proposed rule included three new
provisions. One provision in the proposal dealt with the types of high
priority federal enforcement inspections that could interrupt an
ongoing consultation visit. Another provision of the proposal dealt
with the circumstances under which OSHA may conduct a high priority
enforcement visit at a workplace that has either achieved SHARP
recognition or is working towards it. The final issue in the proposal
was the length of time an employer that has qualified for SHARP may be
exempted from OSHA's Programmed Inspection Schedule. Although OSH Act
section 21(d) authorizes a one-year exemption, OSHA has for many years
exercised its inherent discretion over inspection scheduling to extend
this exemption period to two years
    OSHA provided a 60-day comment period on the proposed rule. OSHA
received 89 comments from various OSHA stakeholders including
employers, organizations representing small business and other
employers, labor unions and other worker safety advocates.

II. Reasons for Withdrawal of Proposed Rule

    All the changes OSHA had proposed were very minor in nature.
However, many stakeholders expressed concern that the proposed changes
would reduce an employer's incentive to participate in the On-site
Consultation program. Several commentators expressed concerns that
these changes would increase OSHA enforcement activities at worksites
that have already demonstrated excellence in their safety and health
management systems. Other commentators appeared to believe that the
Agency was trying to eliminate exemptions entirely or take incentives
away. OSHA did not intend any of these results. However, in light of
the magnitude of the concerns expressed compared to the relatively
minor changes OSHA intended, the Agency has decided to withdraw the
proposed rule. All rulemaking participants agree with OSHA that the
consultation program and the SHARP recognition program are valuable
ways to assist and recognize small employers who are working to improve
their workplaces. If the small changes OSHA proposed could have the
effect of discouraging participation in the programs, the Agency does
not believe it is worth amending the rule.

III. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210, directed the preparation
of this notice. It is issued pursuant to 7(c), 8, 18, 21(d) and 23(g)
of the Occupational Safety and Health Act of 1970 (29 U.S.C. 656, 657,
667, 670 672) and Secretary of Labor's Order No. 1-2012 (77 FR 3912),
January 25, 2012; No. 3-2000 (65 FR 50017), No. 5-2007 (72 FR 31159).

    Signed at Washington, DC, on July 24, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-19126 Filed 8-7-13; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Rules and Regulations]
[Pages 39832-39833]
[FR Doc No: 2020-14451]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2020-0385]

Safety Zone; Southern California Annual Firework Events for the
San Diego Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the Sea World
Fireworks on the waters of Mission Bay, CA on specific evenings from
Memorial Day to Labor Day in 2020. This safety zone is necessary to
provide for the safety of the participants, spectators, official
vessels of the events, and general users of the waterway. Our
regulation for the Southern California annual fireworks for the San
Diego Captain of the Port Zone identifies the regulated area for the
events. During the enforcement period, no spectators shall anchor,
block, loiter in, or impede the transit of official patrol vessels in
the regulated area without the approval of the Captain of the Port, or
his designated representative.

DATES: The regulations in 33 CFR 165.1123, Table 1, Item 7, will be
enforced from 8:30 p.m. through 9 p.m. each Saturday and Sunday from
July 5, 2020, through August 23, 2020.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Lieutenant Briana Biagas,
Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone
619-278-7656, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the regulations
in 33 CFR 165.1123, Table 1, item number 7, for a safety zone for the
Sea World Fireworks on the waters of Mission Bay, CA from 8:30 p.m.
through 9 p.m. on specific evenings from Memorial Day to Labor Day in
2020. This action is being taken to provide for the safety of life on
navigable waterways during the fireworks events. Our regulation for
Southern California annual fireworks events for the San Diego Captain
of the Port Zone, Table 1 to Sec.  165.1123, item number 7, specifies
the location of the regulated area for the Sea World Fireworks Events.
During the enforcement periods, as reflected in Sec.  165.1123(b), a
vessel may not enter the regulated area, unless it receives permission
from the Captain of the Port, or his designated representative.
Spectator vessels may safely transit outside the regulated area but may
not anchor, block, loiter, or impede the transit of participants or
official patrol vessels. The Coast Guard may be assisted by other
Federal, State, or Local law enforcement agencies in enforcing this
regulation.
    In addition to this notice of enforcement in the Federal Register,
the

Coast Guard plans to provide notification of this enforcement period
via the Local Notice to Mariners and local advertising by the event
sponsor.
    If the Captain of the Port or his designated representative
determines that the regulated area need not be enforced for the full
duration stated on this document, he or she may use a Broadcast Notice
to Mariners or other communications coordinated with the event sponsor
to grant general permission to enter the regulated area.

    Dated: June 29, 2020.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2020-14451 Filed 7-1-20; 8:45 am]
BILLING CODE 9110-04-P