[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Notices]
[Pages 2459-2465]
[FR Doc No: 2020-00485]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87930; File No. SR-NYSENAT-2019-19]

Self-Regulatory Organizations; NYSE National, Inc.; Notice of
Filing of Amendment No. 1 to Proposed Rule Change Amending the
Exchange's Price List Related to Co-Location Services in the Mahwah,
New Jersey Data Center

January 9, 2020.
    On August 22, 2019, NYSE National, Inc. (``NYSE National'' or
``Exchange'') 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\ a
proposed rule change to amend its co-location fee schedule to offer co-
location Users \3\ access to the ``NMS Network''--an alternate,
dedicated network providing connectivity to data feeds for the National
Market System Plans for which Securities Industry Automation
Corporation (``SIAC'') is engaged as the exclusive securities
information processor (``SIP'')--and establish associated fees. The
proposed rule change was published for comment in the Federal Register
on September 10, 2019.\4\ On October 24, 2019, the Commission extended
the time period within which to approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether to approve or disapprove the proposed rule change, to
December 9, 2019.\5\ The Commission received one comment letter on the
proposal, a response from the Exchanges, and a subsequent letter from
the original commenter.\6\ On December

9, 2019, the Commission instituted proceedings to determine whether to
approve or disapprove the proposed rule change.\7\ On December 23,
2019, the Exchange filed Amendment No. 1 to the proposed rule change as
described in Items I and II below, which Items have been prepared by
Exchange. The Commission is publishing this notice to solicit comments
on Amendment No. 1 to the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See infra note 9 defining ``Users.''
    \4\ See Securities Exchange Act Release No. 86869 (September 4,
2019), 84 FR 47600.
    \5\ See Securities Exchange Act Release No. 87402, 84 FR 58187
(October 30, 2019).
    \6\ See, respectively, letter dated October 24, 2019 from John
M. Yetter, Vice President and Senior Deputy General Counsel, Nasdaq
Stock Market LLC (``Nasdaq''), to Vanessa Countryman, Secretary,
Commission (``Nasdaq Letter''); letter dated November 8, 2019 from
Elizabeth K. King, Chief Regulatory Officer, ICE, General Counsel
and Corporate Secretary, NYSE to Ms. Vanessa Countryman, Secretary,
Commission (``NYSE Response Letter''); and letter dated November 25,
2019 from Joan C. Conley, Senior Vice President and Corporate
Secretary, Nasdaq, to Vanessa Countryman, Secretary, Commission
(``Second Nasdaq Letter''). All comments received by the Commission
on the proposed rule change are available on the Commission's
website at: https://www.sec.gov/comments/sr-nysenat-2019-19/srnysenat201919.htm.
    \7\ See infra note 8.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the services available to Users that
use co-location services in the Mahwah, New Jersey data center to add
the NMS network to connect to the NMS feeds. This Amendment No. 1,
which supersedes the original filing in its entirety, is designed to
address comments in the Commission's Order instituting proceedings to
determine whether to approve or disapprove the original filing.\8\ The
proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.
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    \8\ See Securities Exchange Act Release No. 87699 (December 9,
2019), 84 FR 68239 (December 13, 2019) (SR-NYSENAT-2019-19)
(``Order'').
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
Overview
    This Amendment No. 1 supersedes the original filing in its
entirety. In the original filing, the Exchange proposed to amend its
co-location services \9\ to provide Users \10\ with an alternate,
dedicated network connection to access the NMS feeds (the ``NMS
network'') for which the Securities Industry Automation Corporation
(``SIAC'') is engaged as the securities information processor (``SIP'')
and proposed fees for the NMS network.\11\
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    \9\ The Exchange initially filed rule changes relating to its
co-location services with the Commission in May 2018. See Securities
Exchange Act Release No. 83351 (May 31, 2018), 83 FR 26314 (June 6,
2018) (SR-NYSENAT-2018-07). The Exchange operates a data center in
Mahwah, New Jersey (the ``data center'') from which it provides co-
location services to Users.
    \10\ For purposes of the Exchange's co-location services, a
``User'' means any market participant that requests to receive co-
location services directly from the Exchange. See id. at note 9. As
specified in the Price List, a User that incurs co-location fees for
a particular co-location service pursuant thereto would not be
subject to co-location fees for the same co-location service charged
by the Exchange's affiliates the New York Stock Exchange (``NYSE''),
NYSE American LLC (``NYSE American''), and NYSE Arca, Inc. (``NYSE
Arca'' and together, the ``Affiliate SROs''). See id. at note 11.
    \11\ Specifically, as originally proposed, Users would be
eligible for up to eight ``No Fee NMS Network Connections'' that
would not be subject to any fees. Users not eligible for the No Fee
NMS Network Connection or that needed additional NMS network
connections would have been charged at the same rate as the same-
sized IP network.
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    On December 9, 2019, the Commission issued an Order instituting
proceedings to determine whether to approve or disapprove the original
filing, and in that Order, raised questions about how the Exchange
proposed to charge fees for the NMS network.\12\ Because the purpose of
the NMS network is to enhance performance of the SIP and not to
generate revenue, to address the questions raised in the Order, the
Exchange is amending the proposal to eliminate any fee changes
associated with the introduction of the NMS network. As amended, this
proposed rule change would solely add the NMS network as part of the
services available if a User purchases a 10 Gigabit (``Gb'') or 40 Gb
connection to one of the two local area networks in the Mahwah data
center.
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    \12\ See Order, supra note 7. The Order also discussed a comment
letter submitted in connection with the original proposal.
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    As described below, today Users can connect to Regulation NMS
equities and options feeds \13\ disseminated by the SIP using either of
the co-location local area networks. Currently, a User would need to
purchase a service that includes either a 10 Gb or 40 Gb connection to
access a local area network in order to connect to the NMS feeds.\14\
Users do not pay an additional charge to connect to the NMS feeds: it
comes with their connection to the local area network.
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    \13\ The NMS feeds include the Consolidated Tape System and
Consolidated Quote System data streams, as well as Options Price
Reporting Authority (``OPRA'') feeds.
    \14\ Because of the volume of data, a 1 Gb connection is not
sufficient to connect to an NMS feed.
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    The Exchange has recently been authorized to build the NMS network
in the Mahwah data center that will only connect to the NMS feeds. The
new network will connect to the NMS feeds faster than either of the
existing local area networks. Because a User currently needs to
purchase a service that includes access to one of the two local area
networks in the data center via either a 10 Gb or 40 Gb connection to
connect to the NMS feeds, the Exchange proposes to expand that service
to include the option to also connect to the NMS network via a same-
sized connection at no additional charge. Accordingly, with this
proposed rule change, Users will have the option to use the NMS network
or either of the existing local area networks to connect to the NMS
feeds. The Exchange is not proposing any changes to its fees.
    Because the NMS network has been built and tested and is ready to
be implemented, subject to approval of this proposed rule change, the
Exchange proposes to implement the NMS network as soon as practicable.
The Exchange will announce the implementation date through a customer
notice.
Background
    The Exchange's affiliate, SIAC, is engaged as the SIP for three
separate Regulation NMS plans (collectively, the ``NMS Plans'').\15\
SIAC operates as the SIP for the NMS Plans in the same data center
where the Exchange and its Affiliate SROs operate. In that data center,
Users can access SIAC as the SIP over the same network connections
through which they access other services. Specifically, a User can
access the SIAC SIP environment via either the IP network or the
Liquidity Center Network (``LCN''), which are the local area networks
in the data center.\16\
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    \15\ SIAC has been engaged as the SIP to, among other things,
receive, process, validate and disseminate: (1) Last-sale price
information in Tape A and Tape B-listed securities pursuant to the
CTA Plan (``CTA Plan''), which is available here: https://www.nyse.com/publicdocs/ctaplan/notifications/trader-update/CTA%20Plan%20-%20Composite%20as%20of%20August%2027,%202018.pdf; (2)
quotation information in Tape A and B-listed securities pursuant to
the CQ Plan (``CQ Plan''), which is available here: https://www.nyse.com/publicdocs/ctaplan/notifications/trader-update/CQ_Plan_Composite_as_of_July_9_2018.pdf; and (3) quotation and last-
sale price information in all exchange options trading pursuant to
the OPRA Plan (``OPRA Plan''), which is available here: https://uploads-ssl.webflow.com/5ba40927ac854d8c97bc92d7/5bf419a6b7c4f5085340f9af_opra_plan.pdf.
    \16\ See 83 FR 26314, note 8, supra, at 26315-26316.

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    The Exchange offers Users connectivity to the SIAC SIP environment
at no additional charge when a User purchases access to a 10 Gb or 40
Gb LCN or IP network.\17\ In connection with the services available
over the local area networks, the SIAC feeds are referred to as the
``NMS feeds.'' As described in General Note 4 of the Price List, when a
User purchases access to the LCN or IP network, it receives
connectivity to certain market data products (the ``Included Data
Products'') that it selects, subject to technical provisioning
requirements and authorization from the provider of the data feed. The
NMS feeds are included in the list of the Included Data Products that
come with connections to the LCN or IP network. The remaining Included
Data Products are proprietary feeds of the Exchange, its Affiliate
SROs, and the Exchange's affiliate NYSE Chicago, Inc. (``NYSE Chicago''
and together with the Exchange and Affiliate SROs, the ``NYSE
Exchanges'').
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    \17\ As set forth on the Price List, the Exchange offers a range
of LCN and IP network connectivity options at different rates
depending on the bandwidth and latency profile of the applicable
network.
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    A User that purchases access to the LCN or IP network also receives
the ability to access the trading and execution systems of the NYSE
Exchanges (the ``Exchange Systems'') and the trading and execution
systems of OTC Global, an alternative trading system (``ATS''),
subject, in each case, to authorization by the relevant entity.\18\
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    \18\ See 83 FR 26314, note 8, supra, at 26315-26316, and
Securities Exchange Release No. 85959 (May 29, 2019), 84 FR 25887
(June 4, 2019) (SR-NYSENat-2019-13). Information regarding the
Included Data Products is currently set forth in the second
paragraph of General Note 4.
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    Accordingly, without paying an additional connectivity fee, a User
that purchases access to either the LCN or IP network can use such
network to:
    1. Access the trading and execution services of five registered
exchanges (five equities markets, two options markets, and a fixed
income market) and an ATS;
    2. Connect to the market data of five registered exchanges (five
equities exchanges, two options markets, and a fixed income market);
and
    3. Connect to the NMS feeds.
    A User may connect to the NMS feeds through the IP network or LCN.
Until recently the operating committee for the CTA and CQ Plans (``CTA/
CQ Plans'') mandated use of the IP network to access the NMS feeds.\19\
As a result, all LCN connections to the NMS feeds go through the IP
network before reaching the NMS feeds,\20\ and so using the LCN to
connect to an NMS feed is slower than using the IP network.\21\
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    \19\ The Operating Committee of the CTA/CQ Plans mandated the
use of the IP network to access the NMS feeds because the IP network
was built as a secure network designed for resiliency and
redundancy.
    \20\ By contrast, the LCN does not connect to the IP network for
access to the Exchange Systems or connectivity to the other Included
Data Products.
    \21\ A User that uses the LCN to connect to an NMS feed does not
need to separately purchase an IP network connection.
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Alternate, Dedicated Network Connection for NMS Feeds
    As the SIP for the NMS Plans, SIAC continually assesses the
services it provides and has been working with the operating committees
of the NMS Plans and the industry-based advisory committee to the CTA/
CQ Plans to identify potential performance enhancements. Among other
initiatives, this group identified that, because the IP network was not
designed as a low-latency network, the requirement to use the IP
network to access the NMS feeds introduces a layer of latency.
    To reduce network latency, the Exchange sought and received
approval from the operating committees for the CTA/CQ Plans to build an
alternate to the LCN and IP network to connect to the NMS feeds.\22\ As
approved by the CTA/CQ Plans, the Exchange is building a low-latency
network in the data center that will provide Users with dedicated
access to the NMS feeds (the ``NMS network'').\23\
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    \22\ The alternate network to access the NMS feeds will not be
available outside of the data center.
    \23\ Because SIAC, as the SIP for the NMS Plans, is also
responsible for collecting data from the participants of the CTA/CQ
Plans and members of the OPRA Plan, Users that are participants of
the applicable NMS Plans could use this alternate network connection
for purposes of both transmitting and receiving data. Users that are
not participants of the NMS Plans could use this alternate network
connection for purposes of receiving data. This alternate network
would not be available to connect to the other Included Data
Products or to access the Exchange Systems or Global OTC.
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    The Exchange currently anticipates that the low-latency network
will have a one-way reduction in latency to access the NMS feeds from
the IP network and LCN of over 140 microseconds.
    Consistent with the current bandwidth needs to connect to the NMS
feeds, connections to the NMS network will be available in 10 Gb and 40
Gb circuits. Because the NMS network will be an alternate network to
access the NMS feeds, once it is available, Users would have the choice
between continuing to use the LCN or IP network to connect to NMS feeds
or switching to the NMS network.
    Even though the NMS network will provide access only to the NMS
feeds, the Exchange is funding the build of the NMS network and is not
being reimbursed for such expenses by either CTA or OPRA. The
Exchange's capital expenditure costs for the build are estimated to be
$3.8 million, which includes procurement of new low-latency network
switches, network devices, and analytics tools and the one-time
operational expenditures to build this new network. In addition to this
initial estimated approximately $3.8 million outlay, the Exchange
anticipates that the ongoing costs to maintain and operate the NMS
network will be approximately $215,000 annually.
Proposed Amendment To Add the NMS Network
    The proposed structure for the NMS network has been designed so
that the services available in co-location would be expanded so that a
User can opt to connect to the NMS network at no additional charge.
    To effect the proposed change, the Exchange proposes to amend the
services available in co-location to provide that if a User purchases a
service that includes a 10 Gb or 40 Gb connection to access either
local area network, that access would include a connection to the NMS
network of the same size. Although the Exchange is funding and
expanding the types of local area network connections that would be
available in the data center, the Exchange does not propose to change
any of the fees related to purchasing a service that includes a
connection to a local area network.
    More specifically, the services available in co-location currently
include LCN Access, IP Network Access, and Partial Cabinet Solution
bundles. In order to implement the proposed change, the Exchange
proposes the following amendments to Exchange Rules that describe the
following services in co-location:
     In the column titled ``Type of Service,'' the Exchange
proposes to amend the text describing the 10 Gb and 40 Gb LCN and IP
Network Access options to include text referencing the NMS network.
     In the column titled ``Description,'' the Exchange
proposes to amend the descriptions of the 10 Gb LX LCN Circuit, 40 Gb
LCN Circuit, Partial Cabinet Solution bundle Option C and Option D, 10
Gb IP Network Circuit and 40 Gb IP Network Circuit to include text
referencing the specific NMS Network connection that would be part of
the service. In addition, because the descriptions of the LCN and IP
network services do not currently reference either ``LCN'' or ``IP
Network,''

respectively, the Exchange proposes to add text references as
applicable.
     Finally, the Exchange proposes to amend text in the column
titled ``Amount of Charge'' to specify that the current initial and
monthly recurring charges would not change and that for purposes of
such charges, the existing local area network connection and NMS
network connection would be together considered one connection. These
text changes would make clear that Users would not be subject to two
initial or two monthly charges. The Partial Cabinet Solution bundle
description already indicates that the charges are ``per bundle'' and
therefore no similar clarifying language is proposed.
    The Exchange proposes to set forth these changes as follows
(proposed new text italicized and proposed text for deletion in
brackets):

------------------------------------------------------------------------
         Type of service              Description      Amount of charge
------------------------------------------------------------------------
LCN and NMS Network Access......  10 Gb LX LCN        $15,000 initial
                                   Circuit and 10 Gb   charge per
                                   NMS Network         connection
                                   Circuit.            [initial charge]
                                                       to both the LCN
                                                       and NMS Network
                                                       plus $22,000
                                                       monthly charge
                                                       per connection to
                                                       both the LCN and
                                                       NMS Network.
                                  ..................  For purposes of
                                                       these charges,
                                                       the LCN Circuit
                                                       and NMS Network
                                                       Circuit are
                                                       together
                                                       considered to be
                                                       one connection,
                                                       and so Users are
                                                       not subject to
                                                       two initial or
                                                       two monthly
                                                       charges.
LCN and NMS Network Access......  40 Gb LCN Circuit   $15,000 initial
                                   and 40 Gb NMS       charge per
                                   Network Circuit.    connection
                                                       [initial charge]
                                                       to both the LCN
                                                       and NMS Network
                                                       plus $22,000
                                                       monthly charge
                                                       per connection to
                                                       both the LCN and
                                                       NMS Network.
                                  ..................  For purposes of
                                                       these charges,
                                                       the LCN Circuit
                                                       and NMS Network
                                                       Circuit are
                                                       together
                                                       considered to be
                                                       one connection,
                                                       and so Users are
                                                       not subject to
                                                       two initial or
                                                       two monthly
                                                       charges.
Partial Cabinet Solution bundles  No change.........  No change.
Note: A User and its Affiliates   No change.........  No change.
 are limited to one Partial
 Cabinet Solution bundle at a
 time. A User and its Affiliates
 must have an Aggregate Cabinet
 Footprint of 2 kW or less to
 qualify for a Partial Cabinet
 Solution bundle. See Note 2
 under ``General Notes.''.
                                  Option C:.........
                                  1 kW partial        No change.
                                   cabinet, 1 LCN
                                   connection (10 Gb
                                   LX), 1 IP network
                                   connection (10
                                   Gb), 2 NMS
                                   Network
                                   connections (10
                                   Gb each), 2 fiber
                                   cross connections
                                   and either the
                                   Network Time
                                   Protocol Feed or
                                   Precision Timing
                                   Protocol.
                                  Option D:.........
                                  2 kW partial        No change.
                                   cabinet, 1 LCN
                                   connection (10 Gb
                                   LX), 1 IP network
                                   connection (10
                                   Gb), 2 NMS
                                   Network
                                   connections (10
                                   Gb each), 2 fiber
                                   cross connections
                                   and either the
                                   Network Time
                                   Protocol Feed or
                                   Precision Timing
                                   Protocol.
IP Network and NMS Network        10 Gb IP Network    $10,000 initial
 Access.                           Circuit and 10 GB   charge per
                                   NMS Network         connection
                                   Circuit.            [initial charge]
                                                       to both the IP
                                                       Network and NMS
                                                       Network plus
                                                       $11,000 monthly
                                                       charge per
                                                       connection to
                                                       both the IP
                                                       Network and NMS
                                                       Network.
                                  ..................  For purposes of
                                                       these charges,
                                                       the IP Network
                                                       Circuit and NMS
                                                       Network Circuit
                                                       are together
                                                       considered to be
                                                       one connection,
                                                       and so Users are
                                                       not subject to
                                                       two initial or
                                                       two monthly
                                                       charges.
IP Network and NMS Network        40 Gb IP Network    $10,000 initial
 Access.                           Circuit and 40 Gb   charge per
                                   NMS Network         connection
                                   Circuit.            [initial charge]
                                                       to both the IP
                                                       Network and NMS
                                                       Network plus
                                                       $18,000 monthly
                                                       charge per
                                                       connection to
                                                       both the IP
                                                       Network and NMS
                                                       Network.
                                  ..................  For purposes of
                                                       these charges,
                                                       the IP Network
                                                       Circuit and NMS
                                                       Network Circuit
                                                       are together
                                                       considered to be
                                                       one connection,
                                                       and so Users are
                                                       not subject to
                                                       two initial or
                                                       two monthly
                                                       charges.
------------------------------------------------------------------------

    As noted above, Users that purchase access to the LCN or IP Network
currently can use such networks to connect to the NMS feeds. Once the
NMS Network is available, Users can continue to use either their
existing LCN

or IP Network connection or the new NMS network connection to connect
to the NMS feeds.
    The Exchange proposes to amend the current General Note 4 to
describe what a User obtains when it purchases a service that includes
access to the LCN, IP network, or NMS Network.
    First, the Exchange proposes to split current Note 4 into three
separate notes. The first paragraph of current Note 4 would continue to
be numbered Note 4, and would specify which trading and execution
services a User can access when it purchases a service that includes
access to the LCN or IP network, which are not changing. Because the
services that a User purchases may include access to the NMS network in
addition to access to the LCN or IP network, the Exchange proposes a
non-substantive amendment to the first sentence of this note to add the
phrase ``a service that includes.''
    Second, the Exchange proposes that the current second paragraph of
Note 4 and following table would be renumbered as Note 5. As the
paragraph does currently, Note 5 would specify the Included Data
Products that a User can connect to if it purchases a service that
includes access to the LCN or IP network. Similar to the proposed
amendment to the first sentence of Note 4, the Exchange proposes a non-
substantive amendment to add the phrase ``a service that includes'' to
the first sentence of new Note 5. In addition, the Exchange proposes a
non-substantive amendment to the table to clarify that the NMS feeds
are the CTA, CQ, and OPRA feeds.
    Finally, the Exchange proposes new Note 6, which would describe in
more detail the NMS network. As proposed, Note 6 would provide that
when a User purchases a service that includes access to the NMS
Network, upon its request it would receive connectivity to the NMS
network and any of the NMS feeds that it selects, subject to any
technical provisioning requirements and authorization from the provider
of the data feed. Consistent with existing Note 4 (proposed Note 5),
Note 6 would provide that market data fees for the NMS feeds would be
charged by the provider of the NMS data feed. The proposed note would
further state that the NMS Network would provide connectivity to the
NMS feeds only.
Expected Application of the Proposed Change
    The proposed NMS network would be available to all Users that
purchase a service that includes a 10 Gb or 40 Gb connection to access
either the LCN or IP network, which are the networks currently
available to provide connections to the NMS feeds.
General
    As is the case with all Exchange co-location arrangements, (i)
neither a User nor any of the User's customers would be permitted to
submit orders directly to the Exchange unless such User or customer is
a member organization, a Sponsored Participant or an agent thereof
(e.g., a service bureau providing order entry services); (ii) use of
the co-location services proposed herein would be completely voluntary
and available to all Users on a non-discriminatory basis; \24\ and
(iii) a User would only incur one charge for the particular co-location
service described herein, regardless of whether the User connects only
to the Exchange or to the Exchange and one or more of the Affiliate
SROs.\25\
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    \24\ As is currently the case, Users that receive co-location
services from the Exchange will not receive any means of access to
the Exchange's trading and execution systems that is separate from,
or superior to, that of other Users. In this regard, all orders sent
to the Exchange enter the Exchange's trading and execution systems
through the same order gateway, regardless of whether the sender is
co-located in the data center or not. In addition, co-located Users
do not receive any market data or data service product that is not
available to all Users, although Users that receive co-location
services normally would expect reduced latencies in sending orders
to, and receiving market data from, the Exchange.
    \25\ See 83 FR 26314, supra note 8, at 26314. The NYSE, NYSE
American, and NYSE Arca have submitted substantially the same
proposed rule change to propose the changes described herein and
will be amending their respective filings in substantially the same
manner. See Securities Exchange Act Release Nos. 86865 (September 4,
2019), 84 FR 47592 (September 10, 2019) (SR-NYSE-2019-46) (Notice);
86867 (September 4, 2019), 84 FR 47563 (September 10, 2019) (SR-
NYSEAmer-2019-34) (Notice); and 86868 (September 4, 2019), 84 FR
47610 (September 10, 2019) (SR-NYSEArca-2019-61) (Notice).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\26\ in general, and furthers the
objectives of Sections 6(b)(5) of the Act,\27\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers. The Exchange also believes
that the proposed fee change is consistent with Section 6(b)(4) of the
Act,\28\ in particular, because it provides for the equitable
allocation of reasonable dues, fees, and other charges among its
members, issuers and other persons using its facilities and does not
unfairly discriminate between customers, issuers, brokers or dealers.
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    \26\ 15 U.S.C. 78f(b).
    \27\ 15 U.S.C. 78f(b)(5).
    \28\ 15 U.S.C. 78f(b)(4).
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The Proposed Rule Change Would Remove Impediments to and Perfect the
Mechanism of a Free and Open Market and a National Market System.
    The Exchange believes that the proposed change to include access to
the NMS network as part of existing services available in co-location
would remove impediments to, and perfect the mechanisms of, a free and
open market and a national market system and, in general, protect
investors and the public interest because, by offering access to the
dedicated, low-latency NMS network, the Exchange will be providing
Users with an additional option to connect to the NMS feeds. Until
recently, SIAC was required to provide connectivity to the NMS feeds
via only the IP network. As recently approved by the operating
committees for the CTA/CQ Plans, SIAC is now authorized to offer
connectivity to the NMS feeds in the data center via an alternate,
dedicated, low-latency NMS network. The proposed NMS network has been
designed consistent with this directive and will provide greater choice
to Users that are seeking a low-latency network to connect to the NMS
feeds.
The Proposed Rule Change Is Reasonable
    As an initial matter, as required by Rule 603(b) of Regulation NMS,
SIAC disseminates quotation and transaction information as the single
plan processor for all Tape A and Tape B-listed securities and is also
the single plan processor for all options exchanges. As the single plan
processor, the pricing decisions relating to the dedicated NMS network
are not constrained by competitive market forces.
    Instead, as described above, the Exchange is funding the capital
and operational expenses to build and operate the NMS network. The
implementation costs of approximately $3.8 million are applicable only
to the NMS network, which will be used for the sole purpose of
providing access to the NMS feeds. Simply put, none of the
implementation costs are applicable to any other Exchange services. The

Exchange has based its procurement needs--which correlate to the
Exchange's estimated costs to build the NMS network--based on the
Current Users' usage of the LCN or IP networks to connect to the NMS
feeds, with some room for additional growth.
    The Exchange believes that adding the NMS network as a service that
would be included when a User purchases either a 10 Gb or 40 Gb
connection to access a local area network is reasonable because the
amended service is designed to make the NMS network available at no
additional cost to Users. Specifically, as proposed, the NMS network
would be included as part of specified existing LCN and IP network
services that Users can already purchase, and are already used to
connect to the NMS feeds.
    Because the fees for LCN and IP network services relate to charges
for services either other than or in addition to connectivity to the
NMS feeds, the Exchange currently does not assess any fees that are
specific to connectivity to the NMS feeds. Accordingly, if a User
purchases a service that includes either a 10 Gb or 40 Gb connection to
access either local area network, such User can use such local area
network to connect to the NMS feeds at no additional charge. By adding
access to the NMS network to these existing services, the Exchange
proposes to offer an additional choice to such Users for how they could
connect to the NMS feeds. By not changing the existing fees for such
expanded service, Users would not incur any additional charges if they
choose to use to the new low-latency, dedicated alternate network to
connect to the NMS feeds instead of using a connection to one of the
existing local area networks.
    The Exchange further believes that expanding the existing services
that include access to a 10 Gb and 40 Gb connection to either local
area network to also include access to a same-size connection to the
NMS network would be reasonable because there would be no differences
in fees charged to either current or prospective Users that seek to use
co-location services to connect to the NMS feeds. Currently, a User
would need to purchase a service that includes either a 10 Gb or 40 Gb
connection to access a local area network in order to connect to the
NMS feeds. As proposed, when such service is purchased, a User would
continue to receive the same local area network service currently
available, and would also have the option to connect to the NMS feeds
via the NMS network.
    The Exchange believes that the proposed changes to describe the NMS
network are reasonable because they to promote clarity and transparency
regarding which services would be available to Users and the charges
for such services. As noted above, the Exchange proposes that if a User
purchases a service that includes a 10 Gb or 40 Gb connection to access
either local area network, that service would include access to a same-
size connection to the NMS network. The Exchange believes that the text
changes to Exchange's rules for such services is reasonable because the
amendments would provide specificity regarding which specific services
would include access to the NMS network. The proposed amendments would
also provide specificity that the existing initial and monthly charges
would be charged only once, and that a connection to an existing local
area network and an NMS network would be considered a single connection
for purposes of such charges.
    The Exchange also believes that the proposed non-substantive
amendment to split Note 4 into three separate Notes is reasonable
because it would promote clarity and transparency regarding how
services that include a connection to an LCN or IP network could be
used. As now, Note 4 would describe the trading and execution services
that a User may access if it purchases a service that includes access
to the LCN or IP network. Proposed Note 5 would describe the Included
Data Products that a User can connect to if it purchases a service that
includes access to the LCN or IP network. Proposed Note 6 would be new
and is designed to promote clarity and transparency by (a) describing
the connectivity that the User would obtain if it purchased service
that included access to the NMS Network, subject to any technical
provisioning requirements and authorization from the provider of the
data feed, and (b) specifying that the NMS network would provide
connectivity to the NMS feeds only. The Exchange further believes it is
reasonable to identify the specific NMS feeds that are available, which
are the CTA, CQ, and OPRA feeds, as this proposed amendment to Note 4
and proposed Note 6 would promote clarity and transparency in Exchange
rules.
The Proposed Rule Change Is Equitably Allocated
    The Exchange believes that the proposed rule change is equitably
allocated. As described above, the proposed amendment to include the
NMS network as a service available in co-location has been designed so
that Users would not have any new or different charges if they opt to
connect to the NMS network. Rather, because the NMS network would be
included as part of services that include access to a 10 Gb or 40 Gb
connection to either local area network, Users will have a choice
whether to use an IP network, LCN or NMS network connection to connect
to the NMS feeds. A User that voluntarily chooses to exercise the
choice to connect with the NMS network would receive the benefit of a
low-latency connection without any additional charges.
    As noted above, because a User that purchases access to the LCN or
IP network receives connectivity to the NMS feeds, the Exchange
currently does not assess any fees that are specific to connectivity to
the NMS feeds. By offering the NMS network as part of these existing
services, the Exchange proposes to offer an additional choice to such
Users for how they could connect to the NMS feeds. By not charging
different fees for such expanded services, all Users will be treated
equally and charged no differently than how fees are currently charged
for access to a 10 Gb or 40 Gb connection to a local area network
service.
The Proposed Rule Change Is Not Unfairly Discriminatory
    The Exchange believes that the proposed rule change is not unfairly
discriminatory. As described above, the proposed amendment to include
the NMS network as a service available in co-location has been designed
so that Users would not have any new or different charges if they opt
to connect to the NMS network. Rather, because access to the NMS
network would be included as part of access to the 10 Gb and 40 Gb
connection to either local area network, all Users will have a choice
whether to use an IP network, LCN or NMS network connection to connect
to the NMS feeds. The proposed change in services available in co-
location therefore would not impose any meaningful differences to
different types of Users. Any User that voluntarily chooses to exercise
the choice to connect with the NMS network would receive the benefit of
a low-latency connection without any additional charges.
    As noted above, because a User that purchases access to the LCN or
IP network receives connectivity to the NMS feeds, the Exchange
currently does not assess any fees that are specific to connectivity to
the NMS feeds. Accordingly, if a User purchases a service that includes
either a 10 Gb or 40 Gb connection to access either local area network,
such User can use such local area network to connect to the

NMS feeds at no additional charge. By offering the NMS network as part
of these existing services, the Exchange proposes to offer an
additional choice to such Users for how they could connect to the NMS
feeds. By not charging any different fees for such expanded service,
all Users will be treated equally and no differently than how fees are
currently charged for a 10 Gb or 40 Gb connection to a local area
network service.
    For the reasons above, the proposed changes would not unfairly
discriminate between or among market participants that are otherwise
capable of satisfying any applicable co-location fees, requirements,
terms and conditions established from time to time by the Exchange.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes that
the proposed rule change would not impose any burden on competition
because it is not designed to address any competitive issues. As
described above, SIAC is the single plan processor for Tape A and B
equities securities and all options securities and does not currently
compete with any other providers for these processor services. The
proposed rule change would amend the services available in co-location
to include the NMS network when a User purchases a 10 Gb or 40 Gb
connection to access either local area network service. Accordingly,
the proposed rule change would expand the services available in co-
location without changing any fees for the existing services, or adding
fees for the expanded services. All Users would have access to the NMS
network and it would be their choice of whether and at what level to
subscribe to such services, including whether to utilize the NMS
network connection. Accordingly, the Exchange does not believe that the
proposed rule change would place any User at a relative disadvantage
compared to other Users.

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

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

III. 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 by Amendment No. 1, is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSENAT-2019-19 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSENAT-2019-19. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSENAT-2019-19 and should be submitted
on or before February 5, 2020.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
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    \29\ 17 CFR 200.30-3(a)(12).

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-00485 Filed 1-14-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Notices]
[Page 62505]
[FR Doc No: 2012-25266]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC12-142-000.
    Applicants: Blue Sky East, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act and Request for Waivers, Confidential Treatment,
Shortened Comment Period and Expedited Action of Blue Sky East, LLC.
    Filed Date: 9/18/12.
    Accession Number: 20120918-5137.
    Comments Due: 5 p.m. ET 10/9/12.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER12-2598-001.
    Applicants: New York Independent System Operator, Inc.
    Description: Amendment to NYISO OATT Rate Schedule 1 09-07-12
Filing to be effective 1/1/2013.
    Filed Date: 9/18/12.
    Accession Number: 20120918-5115.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: ER12-2650-000.
    Applicants: Nevada Power Company.
    Description: Rate Schedule No. 132 Concurrence in APS RS No. 260
Perrin Ranch LGIA to be effective 10/21/2011.
    Filed Date: 9/18/12.
    Accession Number: 20120918-5123.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: ER12-2651-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: SA 1756 METC-Consumers G479b to be effective 12/1/
2012.
    Filed Date: 9/18/12.
    Accession Number: 20120918-5127.
    Comments Due: 5 p.m. ET 10/9/12.

    Docket Numbers: ER12-2652-000.
    Applicants: Wells Fargo Commodities, LLC.
    Description: Wells Fargo Commodities, LLC submits Notice of
Cancellation of its electric markets based tariff.
    Filed Date: 9/18/12.
    Accession Number: 20120918-5024.
    Comments Due: 5 p.m. ET 10/9/12.

    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: September 19, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-25266 Filed 10-12-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 14, 2010 (Volume 75, Number 177)]
[Notices]
[Page 55837-55838]
[DOCID:fr14se10-118]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62857; File No. SR-NYSEAmex-2010-89]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Extend the Pilot
Program That Allows Nasdaq Stock Market Securities To Be Traded on the
Exchange Pursuant to UTP

September 7, 2010.
    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 August 27, 2010, NYSE Amex LLC (``NYSE Amex'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend NYSE Amex Equities Rule 500 to
extend the operation of the pilot program that allows Nasdaq Stock
Market (``Nasdaq'') securities to be traded on the Exchange pursuant to
a grant of unlisted trading privileges. The pilot is currently
scheduled to expire on September 30, 2010; the Exchange proposes to
extend it until the earlier of Commission approval to make such pilot
permanent or January 31, 2011. The text of the proposed rule change is
available at the Exchange's principal office, the Commission's Public
Reference Room, the Commission's Web site (http://www.sec.gov), and
http://www.nyse.com.

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

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

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

1. Purpose
    NYSE Amex Equities Rules 500-525, as a pilot program, govern the
trading of any Nasdaq-listed security on the Exchange pursuant to
unlisted trading privileges (``UTP Pilot Program'').\3\ The Exchange
hereby seeks to extend the operation of the UTP Pilot Program,
currently scheduled to expire on September 30, 2010, until the earlier
of Commission approval to make such pilot permanent or January 31,
2011.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 62479 (July 9,
2010), 75 FR 41264 (July 15, 2010) (SR-NYSEAmex-2010-31) (Notice of
Filing of Amendment Nos. 2 and 3, and Order Granting Accelerated
Approval to a Proposed Rule Change, as Modified by Amendment Nos. 1,
2, and 3 Thereto, To Adopt as a Pilot Program a New Rule Series for
the Trading of Securities Listed on the Nasdaq Stock Market Pursuant
to Unlisted Trading Privileges).
---------------------------------------------------------------------------

    The UTP Pilot Program includes any security listed on Nasdaq that
(i) is designated as an ``eligible security'' under the Joint Self-
Regulatory Organization Plan Governing the Collection, Consolidation
and Dissemination of Quotation and Transaction Information for Nasdaq-
Listed Securities Traded on Exchanges on an Unlisted Trading Privilege
Basis, as amended (``UTP Plan''),\4\ and (ii) has been admitted to
dealings on the Exchange pursuant to a grant of unlisted trading
privileges in accordance with Section 12(f) of the Securities Exchange
Act of 1934, as amended (the ``Act''),\5\ (collectively, ``Nasdaq
Securities'').\6\
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    \4\ See Securities Exchange Act Release No. 58863 (October 27,
2008), 73 FR 65417 (November 3, 2008) (Notice of filing and
immediate effectiveness of Amendment No. 20 to the UTP Plan). The
Exchange's predecessor, the American Stock Exchange LLC, joined the
UTP Plan in 2001. See Securities Exchange Act Release No. 55647
(April 19, 2007), 72 FR 2091 (April 27, 2007) (S7-24-89). In March
2009, the Exchange changed its name to NYSE Amex LLC. See Securities
Exchange Act Release No. 59575 (March 13, 2009), 74 FR 11803 (March
19, 2009) (SR-NYSEALTR-2009-24).
    \5\ 15 U.S.C. 78l.
    \6\ ``Nasdaq Securities'' is included within the definition of
``security'' as that term is used in the NYSE Amex Equities Rules.
See NYSE Amex Equities Rule 3. In accordance with this definition,
Nasdaq Securities are admitted to dealings on the Exchange on an
``issued,'' ``when issued,'' or ``when distributed'' basis. See NYSE
Amex Equities Rule 501.
---------------------------------------------------------------------------

    The Exchange notes that its New Market Model Pilot (``NMM Pilot''),
which, among other things, eliminated the function of specialists on
the Exchange and created a new category of market participant, the
Designated Market Maker (``DMM''),\7\ is also scheduled to end on
September 30, 2010.\8\ The timing of the operation of the UTP Pilot
Program was designed to correspond to that of the NMM Pilot. In
approving the UTP Pilot Program, the Commission acknowledged that the
rules relating to DMM benefits and duties in trading Nasdaq Securities
on the Exchange pursuant to the UTP Pilot Program are consistent with
the Act \9\ and noted the similarity to the NMM Pilot, particularly
with respect to DMM obligations and benefits.\10\ Furthermore, the UTP
Pilot Program rules pertaining to the assignment of securities to DMMs
are substantially similar to the rules implemented through the NMM
Pilot.\11\ The Exchange has similarly filed to extend the operation of
the NMM Pilot until the earlier of Commission approval to make the NMM
Pilot permanent or January 31, 2011.\12\
---------------------------------------------------------------------------

    \7\ See NYSE Amex Equities Rule 103.
    \8\ See Securities Exchange Act Release No 60758 (October 1,
2009), 74 FR 51639 (October 7, 2009) (SR-NYSEAmex-2009-65). See also
Securities Exchange Act Release No. 61030 (November 19, 2009), 74 FR
62365 (November 27, 2009) (SR-NYSEAmex-2009-83). See also Securities
Exchange Act Release No. 61725 (March 17, 2010), 75 FR 14223 (March
24, 2010) (SR-NYSEAmex-2010-28).
    \9\ 15 U.S.C. 78.
    \10\ See supra note 1 [sic], at 41271.
    \11\ Id.
    \12\ See SR-NYSEAmex-2010-86.
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    Extension of the UTP Pilot Program in tandem with the NMM Pilot,
both from September 30, 2010 until the earlier of Commission approval
to make such pilots permanent or January 31, 2011, will provide for the
uninterrupted trading of Nasdaq Securities on the Exchange on a UTP
basis and thus continue to encourage the additional utilization of, and
interaction with, the NYSE Amex Equities market, and provide market
participants with improved price discovery, increased liquidity, more
competitive quotes and greater price improvement for Nasdaq Securities.
2. Statutory Basis
    The Exchange believes 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. In particular,
the Exchange believes that its proposal is consistent with (i) Section
6(b) of the Act,\13\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\14\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to remove

impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest; (ii) Section 11A(a)(1) of the Act,\15\ in that it
seeks to ensure the economically efficient execution of securities
transactions and fair competition among brokers and dealers and among
exchange markets; and (iii) Section 12(f) of the Act,\16\ which governs
the trading of securities pursuant to UTP consistent with the
maintenance of fair and orderly markets, the protection of investors
and the public interest, and the impact of extending the existing
markets for such securities. Under the UTP Pilot Program Nasdaq
Securities trade on the Exchange pursuant to rules governing the
trading of Exchange-Listed securities that previously have been
approved by the Commission. NYSE Amex made certain minor modifications
to the operation of these rules, and added certain new rules, to
accommodate the trading of Nasdaq Securities on a UTP basis; the
Commission also approved all of these modifications and additions.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ 15 U.S.C. 78k-1(a)(1).
    \16\ 15 U.S.C. 78l(f).
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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 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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2010-89 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-NYSEAmex-2010-89. 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 website (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for website
viewing and printing in the Commission's Public Reference Room, on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEAmex-2010-89 and should be submitted on or before
October 5, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-22859 Filed 9-13-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34670-34671]
[FR Doc No: 2018-15578]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0443]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for five
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: The exemptions were applicable on May 19, 2018. The exemptions
expire on May 19, 2020. Comments must be received on or before August
20, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0443 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day e.t.,
365 days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200

New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except
Federal holidays. If you have questions regarding viewing or submitting
material to the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the five-year period. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
    The five individuals listed in this notice have requested renewal
of their exemptions from the epilepsy and seizure disorders prohibition
in 49 CFR 391.41(b)(8), in accordance with FMCSA procedures.
Accordingly, FMCSA has evaluated these applications for renewal on
their merits and decided to extend each exemption for a renewable two-
year period.

II. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

III. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the five
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The five
drivers in this notice remain in good standing with the Agency, have
maintained their medical monitoring and have not exhibited any medical
issues that would compromise their ability to safely operate a CMV
during the previous two-year exemption period. In addition, for
Commercial Driver's License (CDL) holders, the Commercial Driver's
License Information System (CDLIS) and the Motor Carrier Management
Information System (MCMIS) are searched for crash and violation data.
For non-CDL holders, the Agency reviews the driving records from the
State Driver's Licensing Agency (SDLA). These factors provide an
adequate basis for predicting each driver's ability to continue to
safely operate a CMV in interstate commerce. Therefore, FMCSA concludes
that extending the exemption for each renewal applicant for a period of
two years is likely to achieve a level of safety equal to that existing
without the exemption.
    As of May 19, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:

Thomas Bynum (NC)
Ronald A. Hartl (WI)
Craig Hoisington (NH)
Michael W. Miller (WI)
Peter M. Thompson (FL)

    The drivers were included in docket number FMCSA-2013-0443. Their
exemptions are applicable as of May 19, 2018, and will expire on May
19, 2020.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must remain seizure-free and maintain a stable
treatment during the two-year exemption period; (2) each driver must
submit annual reports from their treating physicians attesting to the
stability of treatment and that the driver has remained seizure-free;
(3) each driver must undergo an annual medical examination by a
certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each
driver must provide a copy of the annual medical certification to the
employer for retention in the driver's qualification file, or keep a
copy of his/her driver's qualification file if he/she is self-employed.
The driver must also have a copy of the exemption when driving, for
presentation to a duly authorized Federal, State, or local enforcement
official. The exemption will be rescinded if: (1) The person fails to
comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.

V. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the five exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the epilepsy
and seizure disorders prohibition in 49 CFR 391.41 (b)(8). In
accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be
valid for two years unless revoked earlier by FMCSA.

    Issued on: July 13, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15578 Filed 7-19-18; 8:45 am]
 BILLING CODE 4910-EX-P


                                 Attachment E
                           Summary of Consultations
This attachment is available as part of the electronic Docket EPA-HQ-OPP-2015-0231 and is part of the ICR's Supporting Statement

I. Companies Contacted:

   1. 	Ms. Patsy Laird
   Labeling Specialist, Regulatory Affairs
   Syngenta Crop Protection
<EMAIL_ADDRESS>
   2.  	Ms. Barbara Del Duke
   Director of Public Affairs
   FMC Corporation
<EMAIL_ADDRESS>
   3.	Mr. Steve Bale
   Senior Logistics Manager
   Melaleuka
<EMAIL_ADDRESS>
II. Request for Comment Sent to Companies Contacted:

      Dear Exporter:
      EPA Is renewing its Information Collection Request (ICR) for Foreign Purchaser Acknowledgment Statements and we are required to ask companies with whom we are in contact concerning Foreign Purchase Acknowledgement Statements to let us know what sort of burden the requirement places on them.
      EPA published the following notice in the Federal Register,
      https://www.federalregister.gov/articles/2015/05/08/2015-11212/agency-information-collection-activities-proposed-collection-comment-request#h-8
      announcing a 60-day public notice and comment period. In addition to the public notice that EPA published in the Federal Register concerning the renewal of this ICR, the Agency must consult with stakeholders who actively interact with the Agency through the use of this collection instrument, as required under 5 CFR 1320.8(d)(1).  Would you like to participate? If so please complete the survey questions below and return them to me within the next 21 days. Please contact me if you want to discuss the survey.
      Following are five series of questions that we need responses to. There is no requirement for you to respond, but we would appreciate your assistance.  If you have any questions about our request please contact me.
      Regards,
      Ron Kendall, Coordinator
      Foreign Purchaser Acknowledgment Statements
      OPP
III. Questions:
1)          Publicly available Data
   a)             Is the data that the Environmental Protection Agency seeks available from any public source, or already collected by another office at EPA or by another agency?
   b)             If yes, where can you find the data?

2)          Frequency of Collection
          Can the Agency collect the information less frequently and still produce the same outcome?

3)           Clarity of Instructions
   a)             The ICR is intended to require that respondents provide certain data so that the Agency can use them.
      i)             Based on the instructions (regulations, Pesticide Registration [PR] Notices, etc.), is it clear what you are required to do and how to submit such data?
      ii)             If not, what suggestions do you have to clarify the instructions?
   b)             Do you understand that you are required to maintain records?
   c)             Considering that there is no required submission format, is it difficult to submit information in ways that are clear, logical and easy to complete?
   d)             Regarding any specific-program forms, do you use them?  Are they clear, logical and easy to complete?

4)          Electronic Reporting and Recordkeeping
         The Government Paperwork Elimination Act requires that agencies make available to the public electronic reporting alternatives to paper-based submissions unless there is a strong reason for not doing so.  One such reason is that, at the present time, the Agency is unable to ensure the security of Confidential Business Information (CBI) that might be transmitted over the Internet.

         What do you think about electronic alternatives to paper-based records and data submissions?  Current electronic-reporting alternatives include the use of "web forms"/XML-based submissions via the Agency's Internet site and magnetic media-based submissions, e.g., diskette, CD-ROOM, etc.  Would you be interested in pursuing electronic reporting? Are you keeping your records electronically?  If yes, in what format?

         Although the Agency does not offer an electronic reporting option because of CBI-related security concerns at this time,
   a)             Would you be more inclined to submit CBI on diskette than on paper?
   b)             What benefits would electronic submission bring you in terms of burden reduction or greater efficiency in compiling the information?

5)          *Burden and Costs (please see attached table below that shows our estimates about respondent burden and costs)
   a)             Are the labor rates accurate?
   b)             The Agency assumes there are no capital costs associated with this activity.  Is that correct?
   c)             Bearing in mind that the burden and costs estimates include only burden hours and costs associated with the paperwork involved with this ICR, (e.g., the ICR does not include estimated burden hours and costs for conducting studies) are the estimated burden hours and labor rates accurate?
         If you provide burden and cost estimates that are substantially different from the Agency's, please provide and explain how you arrived at your estimates.
   d)          Are there other costs that should be accounted for that may have been missed?

      Respondent Burden by Information Collection (IC)

      The total annual respondent burden hours for this ICR are estimated at 24,470 hours.  This accounts for 2,420 hours for the FPAS requirement, 7,200 hours for the labeling of unregistered pesticides, and 14,850 hours for the labeling of registered pesticides.
      The total annual respondent cost for this ICR is estimated to be $1,461,658.  This estimate is composed of the following costs:  $135,904 for the FPAS requirement, $454,180 for the labeling of unregistered pesticides, and $871,574 for the labeling of registered pesticides

      Total Annual Respondent Burden Hours and Cost
                            Information Collection
                              Responses Per Year
                          Burden Per Response (hours)
                             Annual Burden (hours)
                                Annual Cost ($)

Foreign Purchaser Acknowledgment Statements
                                     2,283
                                     1.06
                                     2,420
                                   $135,904

Labeling for Unregistered Exported Pesticide Products
                                      900
                                       8
                                     7,200
                                    454,181

Multilingual Product Labeling for Registered Exported Pesticide Products
                                     2,700
                                      5.5
                                    14,850
                                   $871,574

                        Total Annual Respondent Burden
                                    24,470
                                   1,461,658

[1] Totals may not sum due to rounding.
IV. Responses:
      EPA received no responses to its request for comments on the ICR and the burden for this information collection.


[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Proposed Rules]
[Page 4121-4123]
[DOCID:fr24ja08-34]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0056; Directorate Identifier 2007-CE-096-AD]
RIN 2120-AA64

Airworthiness Directives; APEX Aircraft Model CAP 10 B Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    A CAP 10B experienced an emergency landing after its front fuel
tank collapsed and rendered inoperative the left rudder pedals which
were blocked in neutral position. Investigation and the
metallurgical examination revealed that the fuel tank straps had
fractured as a result of fatigue. The tank support straps had logged
around 7000 hours time-in-service (TIS).
    DGAC France Airworthiness Directive (AD) F-2004-071 was issued
to introduce a 4000 hour life-limit for the tank support straps and
to require replacement of straps which had exceeded this life-limit.
    Since then, a front tank support has been found damaged during
an inspection before reaching 4000 hours TIS.

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by February 25,
2008.

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.

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: Sarjapur Nagarajan, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0056;
Directorate Identifier 2007-CE-096-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

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2007-0285, dated November 13, 2007 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    A CAP 10B experienced an emergency landing after its front fuel
tank collapsed and rendered inoperative the left rudder pedals which
were blocked in neutral position. Investigation and the
metallurgical examination revealed that the fuel tank straps had
fractured as a result of fatigue. The tank support straps had logged
around 7000 hours time-in-service (TIS).
    DGAC France Airworthiness Directive (AD) F-2004-071 was issued
to introduce a 4000 hour life-limit for the tank support straps and
to require replacement of straps which had exceeded this life-limit.
    Since then, a front tank support has been found damaged during
an inspection before reaching 4000 hours TIS.
    The present AD supersedes DGAC France AD F-2004-071, reduces to
2000 hours the life-limit for the tank support straps and requires
replacement of straps which have exceeded the new life-limit.
    These actions are intended to address the identified unsafe
condition so as to prevent fatigue cracks from occurring in the tank
support straps before the established safe life is reached.

The MCAI requires the life-limit of the front fuel tank strap be
reduced from 4,000 hours TIS to 2,000 hours TIS and the replacement of
front fuel tank straps that have exceeded the new life-limit.
    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    APEX Aircraft has issued Service Bulletin No. 040102 R1, Revision
1, dated September 18, 2007. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of the 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 this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this

AD because we evaluated all information and determined the unsafe
condition exists and is likely to exist or develop on other products of
the same type design.

Differences Between This Proposed AD and the MCAI or Service
Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 31 products of U.S. registry. We also estimate that
it would take about 19 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $65 per product.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $49,135, or $1,585 per product.

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); 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 adding the following new AD:

Apex Aircraft: Docket No. FAA-2008-0056; Directorate Identifier
2007-CE-096-AD.

Comments Due Date

    (a) We must receive comments by February 25, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to CAP 10 B airplanes, all serial numbers,
certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    A CAP 10B experienced an emergency landing after its front fuel
tank collapsed and rendered inoperative the left rudder pedals which
were blocked in neutral position. Investigation and the
metallurgical examination revealed that the fuel tank straps had
fractured as a result of fatigue. The tank support straps had logged
around 7000 hours time-in-service (TIS). DGAC France Airworthiness
Directive (AD) F-2004-071 was issued to introduce a 4000 hour life-
limit for the tank support straps and to require replacement of
straps which had exceeded this life-limit. Since then, a front tank
support has been found damaged during an inspection before reaching
4000 hours TIS. The present AD supersedes DGAC France AD F-2004-071,
reduces to 2000 hours the life-limit for the tank support straps and
requires replacement of straps which have exceeded the new life-
limit. These actions are intended to address the identified unsafe
condition so as to prevent fatigue cracks from occurring in the tank
support straps before the established safe life is reached.

The MCAI requires the life-limit of the front fuel tank strap be
reduced from 4,000 hours TIS to 2,000 hours TIS and the replacement
of front fuel tank straps that have exceeded the new life-limit.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) When you accumulate a total of 2,000 hours TIS on the strap
or within the next 30 days after the effective date of this AD,
whichever occurs later, replace the front fuel tank support strap,
part number (P/N) CAP 10-70-08-01, using the instructions in the
maintenance manual.
    (2) Repetitively thereafter within intervals not to exceed 2,000
hours TIS on the strap replace the front fuel tank support strap, P/
N CAP 10-70-08-01, using the instructions in the maintenance manual.
    (3) If you are unable to establish the accumulated hours TIS on
the front fuel tank support strap, P/N CAP 10-70-08-01, you must use
the total hours TIS accumulated on the airplane for the accumulated
hours TIS on the strap.
    (4) Within the next 30 days after the effective date of this AD
update the airworthiness limitations section of your maintenance
program to reflect the life limit change of P/N CAP 10-70-08-01 from
4,000 hours TIS to 2,000 hours TIS using APEX Aircraft Service
Bulletin No. 040102 R1, Revision 1, dated September 18, 2007.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: The FAA has established a more universal compliance time
for all airplanes. This gives all owners/operators at least 30 days
to comply with the AD.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Sarjapur Nagarajan, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106-; telephone:<PHONE_NUMBER>; fax: (816)

329-4090. Before using any approved AMOC on any airplane to which
the AMOC applies, notify your appropriate principal inspector (PI)
in the FAA Flight Standards District Office (FSDO), or lacking a PI,
your local FSDO.
    (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.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et. seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency AD No.: 2007-
0285, dated November 13, 2007; and APEX Aircraft Service Bulletin
No. 040102 R1, Revision 1, dated September 18, 2007, for related
information.

    Issued in Kansas City, Missouri, on January 16, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-1161 Filed 1-23-08; 8:45 am]

BILLING CODE 4910-13-P