[Federal Register: December 1, 2008 (Volume 73, Number 231)]
[Notices]
[Page 72878-72879]
[DOCID:fr01de08-132]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58996; File No. SR-BSE-2008-55]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by the Boston Stock Exchange,
Inc. To Temporarily Increase the Number of Additional Quarterly Option
Series in Exchange-Traded Fund Share Options That May Be Listed on the
Boston Options Exchange Facility

November 21, 2008.
    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 November 19, 2008, the Boston Stock Exchange, Inc. (``BSE'' or
``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 self-regulatory
organization. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section 19(b)(3)(A) of
the Act,\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule from
interested persons.
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    \1\15 U.S.C. 78s(b)(1).
    \2\17 CFR 240.19b-4.
    \3\15 U.S.C. 78s(b)(3)(A).
    \4\17 CFR 240.19b-4(f)(6).
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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 Chapter IV, Section 6 (Series of
Options Contracts Open for Trading), Supplemental Material .04, of the
Rules of the Boston Options Exchange Group, LLC (``BOX'') to
temporarily increase the number of additional Quarterly Options Series
(``QOS'') in exchange-traded fund share (``ETF'') options from sixty
(60) to one hundred (100) that may be added by BOX. The text of the
proposed rule change is available from the principal office of the
Exchange, at the Commission's Public Reference Room and also on the
Exchange's Internet Web site at http://nasdaqtrader.com/
Trader.aspx?id=Boston_Stock_Exchange.

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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.

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

1. Purpose
    This proposed rule change is based on a similar proposal by the
Chicago Board Options Exchange, Incorporated (``CBOE'').\5\
    A pilot program (the ``Pilot Program'') on BOX currently permits
the listing and trading of QOS.\6\ The purpose of this proposed rule
change is to temporarily increase the number of additional QOS in ETF
options from sixty (60) to one hundred (100) that may be added by BOX.
To effect this change, the Exchange is proposing to add new
subparagraph (h) to Supplemental Material .04.
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    \5\ See Securities Exchange Act Release No. 58887 (October 30,
2008), 73 FR 66083 (November 6, 2008) (SR-CBOE-2008-111).
    \6\ The term ``Quarterly Options Series'' is defined in the BOX
Rules as a series in an options class that is approved for listing
and trading on the Exchange in which the series is opened for
trading on any business day and that expires at the close of
business on the last business day of a calendar quarter.
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    Because of the current, unprecedented market conditions, demand
from market participants exists to add lower priced strikes for certain
of the QOS. However, currently under Supplemental Material .04, BOX
cannot honor this demand because the maximum number of additional
series, sixty (60), has already been listed. These strikes which are
currently in demand are much lower than those currently listed for
which there is open interest.
    The Exchange is therefore seeking to temporarily increase the
number of additional QOS that may be added to one hundred (100). The
increase of additional series would be permitted immediately for
expiration months currently listed and for expiration months added
throughout the last quarter of 2008, including the new expiration month
added after December 2008 expiration. The Exchange believes that this
proposal is reasonable and will allow for more efficient risk
management. The Exchange believes that this proposal will facilitate
the functioning of the BOX market and will not harm investors or the
public interest.
    The Exchange believes that user demand and the recent downward
price movements in the underlying ETFs warrants a temporary increase in
the number of strikes for all QOS in ETF options. BOX currently lists
QOS in five (5) ETFs: (1) Nasdaq-100 Index Tracking Stock (``QQQQ'');
(2) iShares Russell 2000 Index Fund (``IWM''); (3) DIAMONDS Trust,
Series 1 (``DIA''); (4) Standard and Poor's Depositary Receipts/SPDRs
(``SPY''); and (5) Energy Select SPDR (``XLE''). The chart below
provides the historical closing prices of these ETFs over the past
several months:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                           ETF                              10/27/2008      10/13/2008       10/6/2008       9/30/2008       8/29/2008       7/31/2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
QQQQ....................................................           28.69           35.13           34.86           38.91           46.12           45.46
IWM.....................................................           44.86           56.98           59.72              68           73.87           71.32
DIA.....................................................           80.26           95.03            99.9          108.36          115.45           113.7
SPY.....................................................           83.95          101.35          104.72          115.99          128.79          126.83
XLE.....................................................           40.86           50.55           54.89            63.3           74.65            74.4
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The additional series will enable BOX to list in-demand, lower
priced strikes.
    BOX represents that it has the necessary systems capacity to
support the new options series that will result from this proposal.
Further, as proposed, the Exchange notes that these series would
temporarily become part of the Pilot Program and will be considered by
the Commission when the Exchange seeks to renew or make permanent the
Pilot Program in the future. In addition, the Exchange states that in
the event that current market volatility continues, it may seek to
continue (through a rule filing) the time period during which the
additional

series proposed by this filing may be added.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\7\ in general, and Section
6(b)(5) of the Act,\8\ in particular, in that 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 facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. Specifically, the current proposed
rule change is responsive to the current, unprecedented market
conditions, is limited in scope as to QOS in ETF options and as to
time, and the proposed additional new series can be added without
presenting capacity problems.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition 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

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

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

    Because the foregoing rule does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; or (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6)
thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Commission deems this requirement to be met.
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    The Exchange has asked the Commission to waive the operative delay
to permit the proposed rule change to become operative prior to the
30th day after filing. The Commission has determined that waiving the
30-day operative delay of the Exchange's proposal is consistent with
the protection of investors and the public interest because such waiver
will enable the Exchange to better meet customer demand in light of
recent increased volatility in the marketplace.\11\ Therefore, the
Commission designates the proposal operative upon filing.
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    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-BSE-2008-55 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-BSE-2008-55. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-BSE-2008-55 and should be
submitted on or before December 22, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-28421 Filed 11-28-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Proposed Rules]
[Pages 69269-69272]
[FR Doc No: 2020-24042]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0977; Project Identifier MCAI-2020-01106-T]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-03-27, which applies to all Dassault Aviation Model Falcon 10
airplanes. AD 2019-03-27 requires repetitive detailed inspections of
certain wing anti-ice outboard flexible hoses, and replacement of
certain wing anti-ice outboard flexible hoses. Since the FAA issued AD
2019-03-27, an improved wing anti-ice flexible hose has been developed.
This proposed AD would continue to require the actions in AD 2019-03-
27, and would add a new life limit for the improved wing anti-ice
flexible hose, as specified in a European Union Aviation Safety Agency
(EASA) AD, which will be incorporated by reference. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December
17, 2020.

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

by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999 000; email<EMAIL_ADDRESS>
internet: www.easa.europa.eu. You may find this IBR material on the
EASA website at https://ad.easa.europa.eu. You may view this IBR
material at the FAA, Airworthiness Products Section, Operational Safety
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0977.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0977; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views about this proposal. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time. Send your
comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2020-0977; Project Identifier MCAI-2020-01106-T'' at
the beginning of your comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments received by the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this NPRM because of those
comments.

Confidential Business Information

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

Discussion

    The FAA issued AD 2019-03-27, Amendment 39-19579 (84 FR 7801, March
5, 2019) (``AD 2019-03-27''), which applies to all Dassault Aviation
Model Falcon 10 airplanes. AD 2019-03-27 requires repetitive detailed
inspections of certain wing anti-ice outboard flexible hoses, and
replacement of certain wing anti-ice outboard flexible hoses. The FAA
issued AD 2019-03-27 to address damaged wing anti-ice outboard flexible
hoses, which could lead to a loss of performance of the wing anti-ice
protection system that is not annunciated to the pilot, and could
result in reduced control of the airplane.

Actions Since AD 2019-03-27 Was Issued

    Since the FAA issued AD 2019-03-27, an improved wing anti-ice
flexible hose has been developed which has the same life limit as other
wing anti-ice outboard flexible hoses. The FAA has determined that the
improved wing anti-ice flexible hose may be installed on airplanes and
that a life limit for the improved wing anti-ice flexible hose must be
implemented.
    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0127, dated June 4, 2020
(``EASA AD 2020-0127'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Dassault Aviation Model Falcon 10 airplanes. EASA AD
2020-0127 supersedes EASA AD 2019-0040-E, dated February 21, 2019
(which corresponds to AD 2019-03-27).
    This proposed AD was prompted by a report indicating that certain
wing anti-ice outboard flexible hoses were found damaged, likely
resulting from the installation process, and the development of an
improved wing anti-ice flexible hose. The FAA is proposing this AD to
address damaged wing anti-ice outboard flexible hoses, which could lead
to a loss of performance of the wing anti-ice protection system that is
not annunciated to the pilot, and could result in reduced control of
the airplane. See the MCAI for additional background information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2019-03-27, this proposed AD would retain all of the
requirements of AD 2019-03-27. Those requirements are referenced in
EASA AD 2020-0127, which, in turn, is referenced in paragraph (g) of
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0127 describes procedures for repetitive detailed
inspections of certain wing anti-ice outboard flexible hoses,
replacement of certain wing anti-ice outboard flexible hoses, a new
life limit for certain wing anti-ice outboard flexible hoses, and
optional terminating actions for the repetitive inspections
(replacement of all damaged affected wing anti-ice outboard flexible
hoses or accomplishing and passing an inspection on an affected wing
anti-ice outboard flexible hose after it has accumulated 100 flight
cycles since installation on an airplane). This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

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

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0127 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-0127
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2020-0127 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2020-0127 that is required for compliance with EASA AD 2020-
0127 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0977 after the FAA
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 54 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD                9 work-hours x $85 per                $0            $765         $41,310
 2019[dash]03[dash]27.                   hour = $765.
New proposed actions..................  9 work-hours x $85 per               316           1,081          58,374
                                         hour = $765.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition replacements that would be required based on the results of
any required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition replacements:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
9 work-hours x $85 per hour = $765....            $316           $1,081
------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    The FAA 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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:

0
a. Removing Airworthiness Directive (AD) 2019-03-27, Amendment 39-19579
(84 FR 7801, March 5, 2019), and
0
b. Adding the following new AD:

Dassault Aviation: Docket No. FAA-2020-0977; Project Identifier
MCAI-2020-01106-T.

(a) Comments Due Date

    The FAA must receive comments by December 17, 2020.

(b) Affected AD

    This AD replaces AD 2019-03-27, Amendment 39-19579 (84 FR 7801,
March 5, 2019) (``AD 2019-03-27'').

(c) Applicability

    This AD applies to all Dassault Aviation Model Falcon 10
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and rain
protection.

(e) Reason

    This AD was prompted by a report indicating that certain wing
anti-ice outboard flexible hoses were found damaged, likely
resulting from the installation process, and the development of an
improved wing anti-ice flexible hose. The FAA is issuing this AD to
address damaged wing anti-ice outboard flexible hoses, which could
lead to a loss of performance of the wing anti-ice protection system
that is not annunciated to the pilot, and could result in reduced
control of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0127, dated June 4, 2020 (``EASA AD 2020-0127'').

(h) Exceptions to EASA AD 2020-0127

    (1) Where EASA AD 2020-0127 refers to February 25, 2019 (the
effective date of EASA AD 2019-0040-E, dated February 21, 2019),
this AD requires using March 8, 2019 (the effective date of AD 2019-
03-27).
    (2) Where EASA AD 2020-0127 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) The ``Remarks'' section of EASA AD 2020-0127 does not apply
to this AD.
    (4) Where EASA AD 2020-0127 refers to paragraph (4) of EASA AD
2017-0108 for applicable life limits, for this AD refer to FAA AD
2016-19-07, Amendment 39-18656 (81 FR 63688, September 16, 2016).

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-0127
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (k)(2) of this AD. Information may be emailed to<EMAIL_ADDRESS>    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (ii) AMOCs approved previously for AD 2019-03-27 are approved as
AMOCs for the corresponding provisions of EASA AD 2020-0127 that are
required by paragraph (g) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Dassault
Aviation's EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.

(k) Related Information

    (1) For information about EASA AD 2020-0127, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email<EMAIL_ADDRESS>internet: www.easa.europa.eu. You
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0977.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on October 26, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-24042 Filed 10-30-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Proposed Rules]
[Pages 26196-26197]
[FR Doc No: 2016-09448]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0127; FRL-9945-43-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; State Board Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
the state implementation plan (SIP) revision submitted by the State of
Maryland for the purpose of updating their state board requirements.
The SIP revision removes the current SIP approved state board
requirements and replaces them with an updated version of the
requirements. The new provisions continue to address state board
requirements for all the National Ambient Air Quality Standards
(NAAQS). The revision is being done because the Maryland legislature
revised Maryland's statutory requirements related to state boards and
the state wants the most recent version in their SIP. In the Final
Rules section of this Federal Register, EPA is approving the State's
SIP submittal as a direct final rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. A detailed rationale for the approval is set forth in
the direct final rule. If no adverse comments are received in response
to this action, no further activity is contemplated. If EPA receives
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time.

DATES: Comments must be received in writing by June 1, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0127 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the ``For Further Information Contact'' section.

For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ruth Knapp,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

    Dated: April 8, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-09448 Filed 4-29-16; 8:45 am]
 BILLING CODE 6560-50-P


Customer Service Hotline: 1 800 438 2474 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103 2029 Mr. Robert G. Burnley, Director Virginia Department of Environmental Quality P. O. Box 1009 Richmond, Virginia 23240 Dear Mr. Burnley:

With the signing of the enclosed Northern Shenandoah Valley Region, City of Winchester, County of Federick Early Action Compact ( EAC) agreement and this letter, the U. S. Environmental Protection Agency ( EPA), in partnership with the Commonwealth of Virginia, the City of Winchester and the County of Federick, enter into a commitment to develop and implement a comprehensive air quality plan for attainment of the 8 hour ozone National Ambient Air Quality Standard in the Northern Shenandoah Valley Region. Through voluntary, local, enforceable measures to be approved as part of the State Implementation Plan ( SIP), the EAC is designed to achieve the 8 hour ozone standard faster than the Clean Air Act would otherwise require.

In signing the EAC, EPA recognizes the local area's commitment to early action by provisionally deferring the effective date of the nonattainment designation for participating areas that are monitoring a violation of the 8 hour ozone standard. The deferral of the effective date of the designation is contingent upon the participating area's meeting all terms and milestones of the EAC and boundary designations. EPA has not yet designated areas as attainment or nonattainment for the 8 hour ozone standard. That will take place by April, 2004. Prior to EPA's designations for the 8 hour ozone standard, EPA will go through a dialogue with interested stakeholders concerning appropriate designations, including soliciting recommendations from the states by April, 2003. The metropolitan statistical area ( MSA) is EPA's presumptive boundary for the 8 hour ozone standard, as described in EPA's March 28, 2000, boundary guidance memorandum. While the EPA cannot prejudge the 2004 designations process, States are advised that if an EAC area is determined to be part of an area that is designated nonattainment for the 8 hour ozone standard, its nonattainment designation would not be deferred.

Additionally, the Office of Management and Budget ( OMB) has announced changes for Core Based Statistical Areas ( Vol. 65, No. 249, page 82228, 12/ 27/ 2000) and plans to publish new lists of areas in June, 2003. EPA will be evaluating the impacts the new lists will have on establishing nonattainment area boundaries. At that time, EPA will also look at the nonattainment boundary guidance memo of March 28th, 2000 to see if it might need updating. These actions could potentially affect the EACs.

We commend the Commonwealth of Virginia's commitment to improve air quality by pursuing alternatives to conventional controls and providing local areas with the flexibility to control air emissions from sources. We look forward to our partnership with Commonwealth of Virginia, the City of Winchester and the County of Federick, to achieve air quality reductions earlier than would otherwise be required.

If you have any questions, please feel free to contact me or have your staff contact Judith M. Katz, Director, Air Protection Division, at ( 215) 814 2654.

Sincerely,

Donald S. Welsh Regional Administrator Enclosure cc/ enc: Mayor Larry Omps, Common Council, City of Winchester Chairman Richard Shickle, Board of Supervisors, Federick County CONCURRENCES SYMBOL < 3ap21 3ap21 3ap21 3ap00 SURNAME < ammentorp wilkie kramer katz DATE <

EPA Form 1320 1 ( 12 70) OFFICIAL FILE COPY


[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Rules and Regulations]
[Pages 52972-52973]
[FR Doc No: 2018-22842]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 882

[Docket No. FDA-2018-N-3690]

Medical Devices; Neurological Devices; Classification of the
Thermal Vestibular Stimulator for Headache

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

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

SUMMARY: The Food and Drug Administration (FDA or we) is classifying
the thermal vestibular stimulator for headache into class II (special
controls). The special controls that apply to the device type are
identified in this order and will be part of the codified language for
the thermal vestibular stimulator for headache's classification. We are
taking this action because we have determined that classifying the
device into class II (special controls) will provide a reasonable
assurance of safety and effectiveness of the device. We believe this
action will also enhance patients' access to beneficial innovative
devices, in part by reducing regulatory burdens.

DATES: This order is effective October 19, 2018. The classification was
applicable on March 26, 2018.

FOR FURTHER INFORMATION CONTACT: Stacie Gutowski, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 2656, Silver Spring, MD 20993-0002, 240-
402-6032, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Upon request, FDA has classified the thermal vestibular stimulator
for headache as class II (special controls), which we have determined
will provide a reasonable assurance of safety and effectiveness. In
addition, we believe this action will enhance patients' access to
beneficial innovation, in part by reducing regulatory burdens by
placing the device into a lower device class than the automatic class
III assignment.
    The automatic assignment of class III occurs by operation of law
and without any action by FDA, regardless of the level of risk posed by
the new device. Any device that was not in commercial distribution
before May 28, 1976, is automatically classified as, and remains
within, class III and requires premarket approval unless and until FDA
takes an action to classify or reclassify the device (see 21 U.S.C.
360c(f)(1)). We refer to these devices as ``postamendments devices''
because they were not in commercial distribution prior to the date of
enactment of the Medical Device Amendments of 1976, which amended the
Federal Food, Drug, and Cosmetic Act (FD&C Act).
    FDA may take a variety of actions in appropriate circumstances to
classify or reclassify a device into class I or II. We may issue an
order finding a new device to be substantially equivalent under section
513(i) of the FD&C Act (21 U.S.C. 360c(i)) to a predicate device that
does not require premarket approval. We determine whether a new device
is substantially equivalent to a predicate by means of the procedures
for premarket notification under section 510(k) of the FD&C Act (21
U.S.C. 360(k)) and part 807 (21 CFR part 807).
    FDA may also classify a device through ``De Novo'' classification,
a common name for the process authorized under section 513(f)(2) of the
FD&C Act. Section 207 of the Food and Drug Administration Modernization
Act of 1997 (Pub. L. 105-115) established the first procedure for De
Novo classification. Section 607 of the Food and Drug Administration
Safety and Innovation Act (Pub. L. 112-144) modified the De Novo
application process by adding a second procedure. A device sponsor may
utilize either procedure for De Novo classification.
    Under the first procedure, the person submits a 510(k) for a device
that has not previously been classified. After receiving an order from
FDA classifying the device into class III under section 513(f)(1) of
the FD&C Act, the person then requests a classification under section
513(f)(2).
    Under the second procedure, rather than first submitting a 510(k)
and then a request for classification, if the person determines that
there is no legally marketed device upon which to base a determination
of substantial equivalence, that person requests a classification under
section 513(f)(2) of the FD&C Act.
    Under either procedure for De Novo classification, FDA is required
to classify the device by written order within 120 days. The
classification will be according to the criteria under section
513(a)(1) of the FD&C Act. Although the device was automatically placed
within class III, the De Novo classification is considered to be the
initial classification of the device.
    We believe this De Novo classification will enhance patients'
access to beneficial innovation, in part by reducing regulatory
burdens. When FDA classifies a device into class I or II via the De
Novo process, the device can serve as a predicate for future devices of
that type, including for 510(k)s (see 21 U.S.C. 360c(f)(2)(B)(i)). As a
result, other device sponsors do not have to submit a De Novo request
or premarket application to market a substantially equivalent device
(see 21 U.S.C. 360c(i), defining ``substantial equivalence''). Instead,
sponsors can use the less-burdensome 510(k) process, when necessary, to
market their device.

II. De Novo Classification

    On April 18, 2017, Scion NeuroStim, LLC submitted a request for De
Novo classification of the ThermoNeuroModulation Device. FDA reviewed
the request in order to classify the device under the criteria for
classification set forth in section 513(a)(1) of the FD&C Act.
    We classify devices into class II if general controls by themselves
are insufficient to provide reasonable assurance of safety and
effectiveness, but there is sufficient information to establish special
controls that, in combination with the general controls, provide
reasonable assurance of the safety and effectiveness of the device for
its intended use (see 21 U.S.C. 360c(a)(1)(B)). After review of the
information submitted in the request, we determined that the device can
be classified into class II with the establishment of special controls.
FDA has determined that these special controls, in addition to the
general controls, will provide reasonable assurance of the safety and
effectiveness of the device.
    Therefore, on March 26, 2018, FDA issued an order to the requester
classifying the device into class II. FDA

is codifying the classification of the device by adding 21 CFR
882.5893. We have named the generic type of device thermal vestibular
stimulator for headache, and it is identified as a prescription device
used to stimulate the vestibular system by applying thermal waveforms
through earpieces placed in a patient's ear canal for the treatment of
headache.
    FDA has identified the following risks to health associated
specifically with this type of device and the measures required to
mitigate these risks in table 1.

                Table 1--Thermal Vestibular Stimulator for Headache Risks and Mitigation Measures
----------------------------------------------------------------------------------------------------------------
                         Identified risks                                       Mitigation measures
----------------------------------------------------------------------------------------------------------------
Adverse tissue reaction..........................................  Biocompatibility evaluation, Cleaning
                                                                    validation, and Labeling.
Thermal injury...................................................  Labeling, Non-clinical performance testing,
                                                                    Thermal safety testing, Technical
                                                                    specifications, and Software verification,
                                                                    validation, and hazard analysis.
Ear tenderness and/or pruritus...................................  Labeling, Non-clinical performance testing,
                                                                    and Thermal safety testing.
Nausea and/or dizziness..........................................  Labeling, Non-clinical performance testing,
                                                                    and Software verification, validation, and
                                                                    hazard analysis.
Tinnitus.........................................................  Labeling, Non-clinical performance testing,
                                                                    and Software verification, validation, and
                                                                    hazard analysis.
----------------------------------------------------------------------------------------------------------------

    FDA has determined that special controls, in combination with the
general controls, address these risks to health and provide reasonable
assurance of safety and effectiveness. For a device to fall within this
classification, and thus avoid automatic classification in class III,
it would have to comply with the special controls named in this final
order. The necessary special controls appear in the regulation codified
by this order. This device is subject to premarket notification
requirements under section 510(k) of the FD&C Act.
    At the time of classification, thermal vestibular stimulators for
headache are for prescription use only. Prescription devices are exempt
from the requirement for adequate directions for use for the layperson
under section 502(f)(1) of the FD&C Act (21 U.S.C. 352(f)(1)) and 21
CFR 801.5, as long as the conditions of 21 CFR 801.109 are met
(referring to 21 U.S.C. 352(f)(1)).

III. Analysis of Environmental Impact

    We have determined under 21 CFR 25.34(b) that this action is of a
type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

IV. Paperwork Reduction Act of 1995

    This final order establishes special controls that refer to
previously approved collections of information found in other FDA
regulations and guidance. These collections of information are subject
to review by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections
of information in the guidance document ``De Novo Classification
Process (Evaluation of Automatic Class III Designation)'' have been
approved under OMB control number 0910-0844; the collections of
information in 21 CFR part 814, subparts A through E, regarding
premarket approval, have been approved under OMB control number 0910-
0231; the collections of information in 21 CFR part 820, regarding
quality system regulations, have been approved under OMB control number
0910-0073; the collections of information in part 807, subpart E,
regarding premarket notification submissions, have been approved under
OMB control number 0910-0120; and the collections of information in 21
CFR part 801, regarding labeling, have been approved under OMB control
number 0910-0485.

List of Subjects in 21 CFR Part 882

    Medical devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, part 882 is
amended as follows:

PART 882--NEUROLOGICAL DEVICES

0
1. The authority citation for part 882 continues to read as follows:

    Authority:  21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371.

0
2. Add Sec.  882.5893 to subpart F to read as follows:

Sec.  882.5893  Thermal vestibular stimulator for headache.

    (a) Identification. The thermal vestibular stimulator for headache
is a prescription device used to stimulate the vestibular system by
applying thermal waveforms through earpieces placed in a patient's ear
canal for the treatment of headache.
    (b) Classification. Class II (special controls). The special
controls for this device are:
    (1) The patient-contacting components of the device must be
demonstrated to be biocompatible.
    (2) Performance testing must validate electromagnetic compatibility
and electrical, mechanical, and thermal safety.
    (3) The technical parameters of the device, including waveform
outputs and temperature limits, must be identified.
    (4) Cleaning validation of earpieces must be conducted.
    (5) Software verification, validation, and hazard analysis must be
performed.
    (6) Labeling must include the following:
    (i) Information on how the device operates and the typical
sensations experienced during treatment;
    (ii) A detailed summary of the device's technical parameters; and
    (iii) Instructions for maintenance and cleaning of the device.

    Dated: October 16, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-22842 Filed 10-18-18; 8:45 am]
 BILLING CODE 4164-01-P


Ron Evans/RTP/USEPA/US

03/11/2008 08:59 AM

To

"King, Heidi R."<EMAIL_ADDRESS> cc

"Schwab, Margo"<EMAIL_ADDRESS>"Johansson, Robert" <EMAIL_ADDRESS><EMAIL_ADDRESS>Bryan Hubbell, Tricia Crabtree/RTP/USEPA/US@EPA, Lydia Wegman, Janet Cakir/RTP/USEPA/US@EPA

Subject

Re: Ron - RIA comments attached

Heidi, we have reviewed the language conforming changes for the secondary language you provided in the attached.   Our only comment concerns the motivation for not doing the analysis.   We would delete the one sentence and adjust the last per edits below.   These changes reflect why we did not do teh analysis.

Well-developed techniques exist to provide monetary estimates of these benefits to agricultural producers and to consumers. These techniques use models of planting decisions, yield response functions, and the supply of and demand for agricultural products. The resulting welfare measures are based on predicted changes in market prices and production costs. Models also exist to measure benefits to silvicultural producers and consumers. There is considerable uncertainty, however, in such estimates, including the fact that the extensive management of agricultural crops may mitigate the potential O3-related effects.  For this reason, the estimates of economic crop loss developed using the updated AGSIM model were not relied on for this analysis of alternative O3 standards.  In addition, these models have not been adapted for use in analyzing ozone-related forest impacts.  Again, because there commercial activities are highly managed the potential benefits of alternative O3 standards are uncertain.  Because of these uncertainties and resource limitations, we are unable to provide benefits estimates for the commercial production of agricultural and silvaculture commodities.

"King, Heidi R."<EMAIL_ADDRESS> 03/10/2008 05:18 PM

To

Ron Evans/RTP/USEPA/US@EPA

cc

"Johansson, Robert"<EMAIL_ADDRESS>"Schwab, Margo" <EMAIL_ADDRESS> Subject

Ron - RIA comments attached

 [attachment "NAAQS Ozone RIA comments_20080310_v2.doc" deleted by Ron Evans/RTP/USEPA/US] [attachment "RIA P 7-18_20080310.doc" deleted by Ron Evans/RTP/USEPA/US]


[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Notices]
[Pages 7914-7917]
[FR Doc No: 2021-02117]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90999; File No. SR-CboeBYX-2021-003]

Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fee Schedule To Eliminate Certain Routing Fee Codes

January 27, 2021.
    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 January 13, 2021, Cboe BYX Exchange, Inc. (the ``Exchange'' or
``BYX'') 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

    Cboe BYX Exchange, Inc. (the ``Exchange'' or ``BYX'') is filing
with the Securities and Exchange Commission (``Commission'') a proposed
rule change to amend the fee schedule applicable to Members and non-
Members of the Exchange pursuant to BYX Rules 15.1(a) and (c). Changes
to the fee schedule pursuant to this proposal are effective upon
filing. The text of the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/byx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its fee schedule by eliminating
certain routing fee codes.\3\
---------------------------------------------------------------------------

    \3\ The Exchange initially filed the proposed fee changes
January 4, 2021 (SR-CboeBYX-2021-001). On January 13, 2021, the
Exchange withdrew that filing and submitted this proposal.
---------------------------------------------------------------------------

    The Exchange first notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of 16 registered equities exchanges, as well as a
number of alternative trading systems and other off-exchange venues
that do not have similar self-regulatory responsibilities under the
Exchange Act, to which market participants may direct their order flow.
Based on publicly

available information,\4\ no single registered equities exchange has
more than 16% of the market share. Thus, in such a low-concentrated and
highly competitive market, no single equities exchange possesses
significant pricing power in the execution of order flow. The Exchange
believes that the ever-shifting market share among the exchanges from
month to month demonstrates that market participants can shift order
flow or discontinue to reduce use of certain categories of products, in
response to fee changes. Accordingly, competitive forces constrain the
Exchange's transaction fees, and market participants can readily trade
on competing venues if they deem pricing levels at those other venues
to be more favorable.
---------------------------------------------------------------------------

    \4\ See Cboe Global Markets, U.S. Equities Market Volume
Summary, Month-to-Date (December 29, 2020), available at https://markets.cboe.com/us/equities/market_statistics/.
---------------------------------------------------------------------------

    The Exchange assesses fees in connection with orders routed away to
various exchanges. As a result of minimal use in the last months, the
Exchange proposes to eliminate the following routing fee codes
currently under the Fee Codes and Associated Fees section of the Fee
Schedule:
     Fee code 8, which is appended to Members' orders routed to
NYSE American that adds liquidity and assesses a charge of $0.00020 per
contract; and
     Fee code MX, which is appended to Members' orders routed
to NYSE American using the SLIM \5\ routing strategy and assesses a
charge of $0.00020 per contract.
---------------------------------------------------------------------------

    \5\ The SLIM routing strategy is a routing strategy in which an
order checks the System for available shares if so instructed by the
entering User and then is sent to destinations on the applicable
System routing table. See Rule 11.13(b)(3)(G); see also Cboe Routing
Strategies, FIX/BOE Routing Tags and Instructions, available at:
https://cdn.cboe.com/resources/features/Cboe_USE_RoutingStrategies.pdf.
---------------------------------------------------------------------------

    The Exchange has observed a minimal amount of volume in recent
months in orders yielding fee codes 8 or MX. In particular, over the
last six months the Exchange observed that orders yielding fee code MX
accounted for approximately only 0.12% of all routed order volume, and
no orders yielding fee code 8 have been submitted since 2014. The
Exchange believes that, because so few Users elect to route their
orders with specifications to which fee codes 8 or MX, the current
demand does not warrant the infrastructure and ongoing Systems
maintenance required to support these separate fee codes. Therefore,
the Exchange now proposes to delete fee codes 8 and MX in the Fee
Schedule.
    In light of the proposed fee code deletions, the Exchange also
proposes to update the description to which fee code X is applicable.
Currently, the description for orders yielding fee code X applies to
Members' orders routed to a displayed market to remove liquidity using
Parallel D, Parallel 2D, ROUT, ROUX or Post to Away routing strategy.
Fee code X assesses a charge of $0.0030 per contract. Essentially, fee
code X is designed to apply, and currently applies, to all other routed
orders that are not otherwise specified under other fee codes in the
Fee Schedule. However, as currently written, the description of orders
that yield fee code X would not encompass those orders that currently
yield fee codes 8 and MX. Therefore, the proposed rule change updates
the description of orders that yield fee code X to ``Routed.'' The
Exchange notes that the corresponding fee will remain unchanged and is
the standard rate routing fee assessed pursuant to the Standard Rates
section of the Fee Schedule. As a result of the proposed description,
Members will continue to be able to choose to route their orders with
the same specifications to which fee codes 8 and MX currently apply--
such orders will simply be assessed the fee currently in place for
orders yielding fee code X (i.e., routed orders not otherwise specified
under other fee codes in the Fee Schedule). The Exchange notes that the
proposed description for fee code X does not alter any of the routed
orders to which fee code X currently applies. The Exchange also notes
that the proposed description for fee code X is consistent with the
description associated with corresponding fee code X on the Exchange's
affiliated equities exchanges, Cboe EDGX Exchange, Inc. (``EDGX'') and
Cboe EDGA Exchange Inc. (``EDGA'').
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\6\ in general, and
furthers the objectives of Section 6(b)(4),\7\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and issuers and other persons
using its facilities. The Exchange also believes that the proposed rule
change is consistent with the objectives of Section 6(b)(5) \8\
requirements that the rules of an exchange be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest, and, particularly, is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ 15 U.S.C. 78f.(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule changes are reasonable,
equitable and not unfairly discriminatory. The Exchange first notes
that routing through the Exchange is optional. The Exchange believes
the proposed rule change to remove fee codes 8 and MX is reasonable as
the Exchange has observed a minimal amount of volume in orders yielding
these fee codes and, therefore, the continuation of these fee codes
does not warrant the infrastructure and ongoing Systems maintenance
required to support separate fee codes for specific routed orders. As
such, the Exchange also believes that is reasonable and equitable to
assess routed orders which meet the specifications to which fee codes 8
and MX are currently applicable the slightly higher standard routing
fee currently in place for all other routed orders that are not
otherwise specified under other fee codes in the Fee Schedule--via fee
code X, as amended. The Exchange believes it is reasonable to update
the description for orders that yield fee code X in a manner that
reflects the intent of fee code X, which is to apply to routed orders
not otherwise specified under other fees codes in the Fee Schedule, and
will thus apply to routed orders that currently yield fee codes 8 and
MX. The Exchange believes that the proposed updated description is
reasonable because it does not alter any of the routed orders to which
fee code X currently applies and will allow Members to continue to be
able to choose to route their orders with the same specifications to
which fee codes 8 and MX currently apply. The Exchange again notes that
the proposed description for fee code X is consistent with the
description associated with corresponding fee code X on the Exchange's
affiliated equities exchanges.
    The Exchange believes that the proposed rule change is equitable
and not unfairly discriminatory because Members will continue to have
the option to elect to route their orders in the same manner (i.e.,
routed to NYSE American that add liquidity and routed to NYSE American
using the SLIM

routing strategy), which will be automatically and uniformly be
assessed the applicable standard rates in place for generally all other
routed orders under fee code X. Further, if members do not favor the
Exchange's pricing for routed orders, they can send their routable
orders directly to away markets instead of using routing functionality
provided by the Exchange. Routing through the Exchange is optional, and
the Exchange operates in a competitive environment where market
participants can readily direct order flow to competing venues or
providers of routing services if they deem fee levels to be excessive.
The Exchange believes that the updated description for orders that
yield fee code X is equitable and not unfairly discriminatory because
it does not impact the routed orders that currently yield fee code X;
the same orders will continue to yield fee code X and will continue to
be automatically and uniformly assessed the corresponding fee.

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 does not
believe the proposed rule change will impose any burden on intramarket
competition because all Members orders that would yield current fee
codes 8 or MX, will automatically and uniformly be assessed the fees
already in place for all other routed orders generally under fee code
X. Fee code X, as amended, will continue to apply to the same routed
orders as it currently does, which will continue to be automatically
and uniformly assessed the corresponding fee. Ultimately, all routed
orders will generally be assessed the same fee.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
again notes that orders that meet the specifications to which fee codes
8 or MX would currently apply, will yield the same fee codes and be
assessed the same corresponding rates that are already in place in the
Fee Schedule for routed orders generally, as previously filed with the
Commission. Also, as previously discussed, the Exchange operates in a
highly competitive market. Members have numerous alternative venues
that they may participate on and director their order flow, including
15 other options exchanges and off-exchange venues. Additionally, the
Exchange represents a small percentage of the overall market. Based on
publicly available information, no single options exchange has more
than 16% of the market share.\9\ Therefore, no exchange possesses
significant pricing power in the execution of option order flow.
Indeed, participants can readily choose to send their orders to other
exchange and off-exchange venues if they deem fee levels at those other
venues to be more favorable. Moreover, the Commission has repeatedly
expressed its preference for competition over regulatory intervention
in determining prices, products, and services in the securities
markets. Specifically, in Regulation NMS, the Commission highlighted
the importance of market forces in determining prices and SRO revenues
and, also, recognized that current regulation of the market system
``has been remarkably successful in promoting market competition in its
broader forms that are most important to investors and listed
companies.'' \10\ The fact that this market is competitive has also
long been recognized by the courts. In NetCoalition v. Securities and
Exchange Commission, the D.C. Circuit stated as follows: ``[n]o one
disputes that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .''.\11\ Accordingly, the Exchange does not believe its
proposed fee change imposes any burden on competition that is not
necessary or appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \9\ See supra note 4.
    \10\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \11\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \12\ of the Act and subparagraph (f)(2) of Rule
19b-4 \13\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \14\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeBYX-2021-003 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-CboeBYX-2021-003. 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-
CboeBYX-2021-003, and should be submitted on or before February 23,
2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier
Assistant Secretary.
[FR Doc. 2021-02117 Filed 2-1-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 93 (Monday, May 17, 2021)]
[Notices]
[Pages 26771-26773]
[FR Doc No: 2021-10326]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2021-0006-N-3]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks approval of the Information
Collection Request (ICR) abstracted below. Before submitting this ICR
to the Office of Management and Budget (OMB) for approval, FRA is
soliciting public comment on specific aspects of the activities
identified below.

DATES: Interested persons are invited to submit comments on or before
July 16, 2021.

ADDRESSES: Written comments and recommendations for the proposed ICR
should be submitted on regulations.gov to the docket, Docket No. FRA
2021-

0006. All comments received will be posted without change to the
docket, including any personal information provided. Please refer to
the assigned OMB control number in any correspondence submitted. FRA
will summarize comments received in response to this notice in a
subsequent notice and include them in its information collection
submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Ms. Kim Toone, Information Collection
Clearance Officer, at email<EMAIL_ADDRESS>or telephone: (202) 493-
6132.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60-days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically,
FRA invites interested parties to comment on the following ICR
regarding: (1) Whether the information collection activities are
necessary for FRA to properly execute its functions, including whether
the activities will have practical utility; (2) the accuracy of FRA's
estimates of the burden of the information collection activities,
including the validity of the methodology and assumptions used to
determine the estimates; (3) ways for FRA to enhance the quality,
utility, and clarity of the information being collected; and (4) ways
for FRA to minimize the burden of information collection activities on
the public, including the use of automated collection techniques or
other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5
CFR 1320.8(d)(1).
    FRA believes that soliciting public comment may reduce the
administrative and paperwork burdens associated with the collection of
information that Federal regulations mandate. In summary, FRA reasons
that comments received will advance three objectives: (1) Reduce
reporting burdens; (2) organize information collection requirements in
a ``user-friendly'' format to improve the use of such information; and
(3) accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.
    The summary below describes the ICR that FRA will submit for OMB
clearance as the PRA requires:
    Title: Grants Management Requirements for Federal Railroad
Administration. Grant Awards and Cooperative Agreements.
    OMB Control Number: 2130-0615.
    Abstract: This ICR is a revision of a currently approved
collection, Grant Management Requirements for Federal Railroad
Administration. Specifically, FRA is revising FRA Form 217 Categorical
Exclusion Worksheet with this submission. All other forms associated
with this collection, which OMB re-approved on January 7, 2021, remain
unchanged. The forms for which FRA seeks renewal of its currently
approved collection are listed below.
    Form(s): All FRA forms (Fs) are located at FRA's public website;
all Standard Forms (SFs) are located at Grants.gov. The FRA forms are:
30 (FRA Assurance and Certifications Regarding Lobbying; Debarment,
Suspension and Other Responsibility Matters and Drug-Free Workplace
Requirements), 31 (Grant Adjustment Require Form), 32 (Service Outcome
Agreement Annual Reporting), 33 (Final Performance Report), 34
(Quarterly Progress Report), 35 (Application Form), 217 (Categorical
Exclusion Worksheet), 229 (NIST Manufacturing Extension Partnership
Supplier Scouting--FRA Item Opportunity Synopsis), 251 (Applicant
Financial Capability Questionnaire), and 252 (Payment Summary
Spreadsheet). The SFs are: 270 (Request for Advance or Reimbursement),
424 (Application for Federal Assistance), 424A (Budget Information for
Non-Construction Programs), 424B (Assurance for Non-Construction
Programs), 424C (Budget Information for Construction Programs), 424D
(Assurances for Construction Programs), 425 (Federal Financial Report),
and LLL (Disclosure of Lobbying Activities).
    Type of Request: Revision of a currently approved collection.
    Affected Public: Generally includes States and local governments
and railroads.
    Frequency of Submission: Varied; on occasion/monthly.
    Reporting Burden:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Average time                    Total annual
              Form name                          Form            Grant  activity/process   Total annual    (hours)  per    Total annual     dollar cost
                                                                                responses       response      burden hours     equivalent
--------------------------------------------------------------------------------------------------------------------------------------------------------
Grant Application (FRA F 35).........  FRA F 35................  Application............             250              34        8,500.00     $348,415.00
Application for Federal Assistance     SF 424..................  Application............             250             1.1          275.00       11,272.25
 (SF 424).
Budget Information for Non-            SF 424A.................  Application............              75               3          225.00        9,222.75
 Construction Programs (SF 424A).
Assurances for Non-Construction        SF 424B.................  Application............              75            0.25           18.75          768.56
 Programs (SF 424B).
Budget Information for Construction    SF 424C.................  Application............             175               3          525.00       21,519.75
 Programs (SF 424C).
Assurances for Construction Programs   SF 424D.................  Application............             175            0.25           43.75        1,793.31
 (SF 424D).
Disclosure of Lobbying Activities (SF  SF LLL..................  Application............             250            0.17           42.50        1,742.08
 LLL).
Applicant Financial Capability         FRA F 251...............  Application............             168               2          336.00       13,772.64
 Questionnaire (FRA F 251).
FRA Assurances and Certifications      FRA F 30................  Application............             250            0.25           62.50        2,561.88
 Regarding Lobbying; Debarment,
 Suspension and Other Responsibility
 Matters and Drug-Free Workplace
 Requirements (FRA F 30).
Federal Financial Report (125 new      SF 425..................  Awards & Maintenance...             500             1.5          750.00       30,742.50
 awardees submit each quarter; 125 x
 4 = 500) (SF 425; new awards).
Federal Financial Report (216          SF 425..................  Awards & Maintenance...             864             1.5        1,296.00       53,123.04
 existing awardees submit each
 quarter; 216 x 4 = 864) (SF 425;
 existing grantees).
Request for Advance or Reimbursement   SF 270..................  Awards & Maintenance...             860               1          860.00       35,251.40
 (SF 270).
Payment Summary Spreadsheet (FRA F     SF 252..................  Awards & Maintenance...             860             0.5          430.00       17,625.70
 252).
Quarterly Progress Report (125 new     FRA F 34................  Awards & Maintenance...             500               2        1,000.00       40,990.00
 awardees submit each quarter; 125 x
 4 = 500) (FRA F 34; new awards).

Quarterly Progress Report (216         FRA F 34................  Awards & Maintenance...             864               2        1,728.00       70,830.72
 existing awardees submit each
 quarter; 216 x 4 = 864) (FRA F 34;
 existing grantees).
Grant Adjustment Request Form (FRA F   FRA F 31................  Awards & Maintenance...             212               1          212.00        8,689.88
 31).
Service Outcome Agreement (SOA)        FRA F 32................  Awards & Maintenance...              24               1           24.00          983.76
 Annual Reporting (FRA F 32).
Certification of Compliance or Non-    n/a.....................  Buy America Component..              15               3           45.00        1,844.55
 Compliance with Buy America
 Requirements for Steel, Iron, or
 Manufactured Products being produced
 by Awardee (narrative request).
Certification of Compliance with Buy   n/a.....................  Buy America Component..               1              62           62.00        2,541.38
 America for Rolling Stock (narrative
 request).
Waivers--Requests/Applications for     n/a.....................  Buy America Component..              15              80           1,200       49,188.00
 Waivers, excluding FRA F 229
 (narrative request).
NIST Manufacturing Extension           FRA F 229...............  Buy America Component..              15              18          270.00       11,067.30
 Partnership Supplier Scouting--FRA--
 Item Opportunity Synopsis (FRA F
 229).
Awardee Investigations (including FRA  n/a.....................  Buy America Component..               3             333          999.00       40,949.01
 initiated investigations).
Awardee direct reply to FRA after      n/a.....................  Buy America Component..               2               1            2.00           81.98
 request to conduct investigation of
 bidder/offeror (narrative request).
Additional Documents to FRA from       n/a.....................  Buy America Component..               1               4            4.00          163.96
 Awardee/Investigated Party
 (narrative request).
Transmission of Awardee/Bidder/        n/a.....................  Buy America Component..               2             0.5            1.00           40.99
 Offeror Reply to Petitioner
 (narrative request).
Awardee/Investigated Bidder/Offeror    n/a.....................  Buy America Component..               1               8            8.00          327.92
 response to Petitioner Comment
 (narrative request).
Written request to FRA for             n/a.....................  Buy America Component..               1               4            4.00          163.96
 information bearing on substance of
 investigation which has been
 submitted by petitioner, interested
 parties, or awardees (narrative
 request).
Detailed Statement to FRA Regarding    n/a.....................  Buy America Component..               1               8            8.00          327.92
 Confidentiality of Previously
 Submitted Information to Agency
 (narrative request).
Awardee Determination to make award    n/a.....................  Buy America Component..               1              40           40.00        1,639.60
 before resolution of investigation
 one of this sections specified
 reasons (narrative request).
Notification to FRA by Awardee to      n/a.....................  Buy America Component..               1               1            1.00           40.99
 make award during pendency of
 investigation (narrative request).
Request to FRA for Reconsideration of  n/a.....................  Buy America Component..               1              80           80.00        3,279.20
 Initial Decision by Party Involved
 in Investigations (narrative
 request).
Pre-Award Audit (narrative request)..  n/a.....................  Buy America Component..               1              33           33.00        1,352.67
Final Contract between Awardee and     n/a.....................  Buy America Component..               1              16           16.00          655.84
 Bidder/Offeror (narrative request).
Post Award Audit (narrative request).  n/a.....................  Buy America Component..               1             256          256.00       10,493.44
Rolling Stock Domestic Content         n/a.....................  Buy America Component..               1             120          120.00        4,918.80
 Improvement Plans (narrative
 request).
Categorical Exclusion Worksheet (FRA   FRA 217.................  Awards & Maintenance...              75               1              75        3,074.25
 F 217).
Final Performance Report (FRA F 33)..  FRA 33..................  Closeout...............              79               8          632.00       25,905.68
                                                                                ---------------------------------------------------------------
    Total............................  ........................  .......................           6,570        1,131.02       20,184.50      827,362.66
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 6,570.
    Total Estimated Annual Burden: 20,184.50 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$827,362.66.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that a respondent is not required to
respond to, conduct, or sponsor a collection of information unless it
displays a currently valid OMB control number.

    Authority: 44 U.S.C. 3501-3520.

Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2021-10326 Filed 5-14-21; 8:45 am]
BILLING CODE 4910-06-P