[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Pages 53194-53195]
[FR Doc No: 2012-21515]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG12-101-000.
    Applicants: Anacacho Wind Farm, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Anacacho Wind Farm, LLC.
    Filed Date: 8/22/12.
    Accession Number: 20120822-5052.
    Comments Due: 5 p.m. ET 9/12/12.

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

    Docket Numbers: ER10-2606-001; ER10-2609-001.
    Applicants: Consolidated Water Power Company; Escanaba Paper
Company.
    Description: Consolidated Water Power Company, et. Al. submits
Amendment to its Market Based Tariff filings.
    Filed Date: 8/17/12.
    Accession Number: 20120817-5103.
    Comments Due: 5 p.m. ET 9/7/12.

    Docket Numbers: ER10-2794-006; ER10-2849-005; ER11-2028-006; ER11-
3642-005; ER12-1825-003.
    Applicants: EDF Trading North America, LLC; EDF Industrial Power
Services (NY), LLC; EDF Industrial Power Services (IL), LLC; Tanner
Street Generation, LLC; EDF Industrial Power Services (CA), LLC.
    Description: Notice of Non-Material Change in Status of EDF Trading
North America, LLC, et al.
    Filed Date: 8/22/12.
    Accession Number: 20120822-5057.
    Comments Due: 5 p.m. ET 9/12/12.

    Docket Numbers: ER12-2237-002.
    Applicants: Dunkirk Power LLC.
    Description: Dunkirk Power LLC submits tariff filing per 35.17 (b):
Filing to Continue to Hold in Abeyance to be effective 12/31/9998.
    Filed Date: 8/22/12.
    Accession Number: 20120822-5000.
    Comments Due: 5 p.m. ET 9/12/12.

    Docket Numbers: ER12-2261-000.
    Applicants: Russell City Energy Company, LLC.

    Description: Russell City Energy Company, LLC submits Supplement to
its July 18, 2012 Application for market-based rate authorization.
    Filed Date: 8/17/12.
    Accession Number: 20120817-5171.
    Comments Due: 5 p.m. ET 9/7/12.

    Docket Numbers: ER12-2413-000.
    Applicants: Energy Alternatives Wholesale, LLC.
    Description: Amendment to Application for Market-Based Rate
Authority of Energy Alternatives Wholesale, LLC and Request for
Shortened Notice Period.
    Filed Date: 8/15/12.
    Accession Number: 20120815-5136.
    Comments Due: 5 p.m. ET 9/5/12.

    Docket Numbers: ER12-2498-000.
    Applicants: Alpaugh 50, LLC.
    Description: Amendment to Applications for Market-Based Rate
Authorization to be effective 8/25/2012.
    Filed Date: 8/21/12.
    Accession Number: 20120821-5115.
    Comments Due: 5 p.m. ET 9/11/12.

    Docket Numbers: ER12-2499-000.
    Applicants: Alpaugh North, LLC.
    Description: Amendment to Applications for Market-Based Rate
Authorization to be effective 8/25/2012.
    Filed Date: 8/21/12.
    Accession Number: 20120821-5116.
    Comments Due: 5 p.m. ET 9/11/12.

    Docket Numbers: ER12-2500-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: SA 2468 Sugar Creek-Ameren
GIA J034 to be effective 8/11/2012.
    Filed Date: 8/10/12.
    Accession Number: 20120810-5182.
    Comments Due: 5 p.m. ET 8/31/12.

    Docket Numbers: ER12-2501-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(2)(iii: GIA and Distribution Service Agreement
SunEdison Utility Solutions, LLC to be effective 8/23/2012.
    Filed Date: 8/22/12.
    Accession Number: 20120822-5054.
    Comments Due: 5 p.m. ET 9/12/12.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF12-344-000.
    Applicants: Mosaic Fertilizer, LLC.
    Description: Form 556 of Mosaic Fertilizer, LLC.
    Filed Date: 4/25/12.
    Accession Number: 20120425-5087.
    Comments Due: 5 p.m. ET 9/3/12.

    Docket Numbers: QF12-380-000.
    Applicants: Roquette America, Inc.
    Description: Roquette America's application for Qualifying Facility
Status for Coal Cogeneration Facility located in Keokuk Iowa.
    Filed Date: 5/18/12.
    Accession Number: 20120518-5197.
    Comments Due: None Applicable.

    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
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: August 22, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-21515 Filed 8-30-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Notices]
[Pages 16909-16912]
[FR Doc No: 2018-07931]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83032; File No. SR-NYSEArca-2018-20]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Equities Fees and Charges

April 11, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder, \3\ notice is hereby
given that, on March 30, 2018, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the NYSE Arca Equities Fees and
Charges (``Fee Schedule'') to (i) revise the requirements to qualify
for the Step-Up Tier; (ii) adopt a new pricing tier, BBO Setter Tier;
(iii) delete the Tape A and Tape C Tier; (iv) eliminate the credits
associated with indications of interest (``IOIs''); (v) delete obsolete
language related to an Exchange Traded Product (``ETP'') Incentive
Program; and (vi) modify the credit the Exchange provides for orders
with the Self Trade Prevention (``STP'') Cancel Both (``STPC'') and STP
Decrement and Cancel (``STPD'') Modifiers. The Exchange proposes to
implement the fee changes effective April 2, 2018. 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.

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 the Fee Schedule, as described
below, to (i) revise the requirements for the Step-Up Tier; (ii) adopt
a new pricing tier, BBO Setter Tier; (iii) delete the Tape A and Tape C
Tier; (iv) eliminate the credits associated with IOIs; (v) delete
obsolete language related to an ETP Incentive Program; and (vi) modify
the credit the Exchange provides for orders with the STPC and STPD
Modifiers. The Exchange proposes to implement the fee changes on April
2, 2018.
Step-Up Tier
    In September 2016, the Exchange filed a proposed rule change to
adopt a new Step-Up pricing tier that was intended to incentivize ETP
Holders and Market Makers to increase order flow and provide additional
liquidity.\4\ In September 2017, the Exchange filed a proposed rule
change to adopt a second way by which an ETP Holder or Market Maker
could qualify for the Step-Up Tier.\5\ Currently, to qualify for the
Step-Up Tier, ETP Holders and Market Makers, on a daily basis, measured
monthly must: (i) directly execute providing average daily volume that
is an increase of no less than 0.15% of US CADV \6\ for that month over
the ETP Holder's or Market Maker's providing average daily volume in
July 2016, and (ii) sets a new NYSE Arca Best Bid or Offer with at
least 25% in each of the ETP Holder's or Market Maker's Tape A, Tape B
and Tape C providing ADV. ETP Holders and Market Makers can
alternatively qualify for the Step-Up Tier if such ETP Holder or Market
Maker, on a daily basis, measured monthly: (i) Directly execute
providing average daily volume that is an increase of no less than
0.15% of US CADV for that month over the ETP Holder's or Market Maker's
providing average daily volume in July 2016, and (ii) sets a new NYSE
Arca Best Bid or Offer with at least 20% in the ETP Holder's or Market
Maker's Tape A providing ADV, at least 25% in the ETP Holder's or
Market Maker's Tape B providing ADV, and at least 30% in the ETP
Holder's or Market Maker's Tape C providing ADV, and (iii) directly
execute taking average daily volume of at least 15 million shares. ETP
Holders and Market Makers that qualify for the Step-Up Tier receive a
credit of $0.0029 per share for orders that provide liquidity to the
Book in Tape A and Tape C Securities and $0.0028 per share for orders
that provide liquidity to the Book in Tape B Securities.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 78892 (September 21,
2016), 81 FR 66315 (September 27, 2016) (SR-NYSEArca-2016-128).
    \5\ See Securities Exchange Act Release No. 81601 (September 13,
2017), 82 FR 43633 (September 18, 2017) (SR-NYSEArca-2017-104).
    \6\ US CADV means United States Consolidated Average Daily
Volume for transactions reported to the Consolidated Tape, excluding
odd lots through January 31, 2014 (except for purposes of Lead
Market Maker pricing), and excludes volume on days when the market
closes early and on the date of the annual reconstitution of the
Russell Investments Indexes. Transactions that are not reported to
the Consolidated Tape are not included in US CADV.
---------------------------------------------------------------------------

    The Step-Up Tier has not encouraged ETP Holders and Market Makers
to increase their activity to qualify for this pricing tier as
significantly as the Exchange had anticipated that it would. As a
result, the Exchange proposes to revise the current requirements to
qualify for the Step-Up Tier. As proposed, ETP Holders and Market
Makers would qualify for the Step-Up Tier if they directly execute
providing average daily volume per month of 0.50% or more but less than
0.70% of the US CADV, and directly execute providing ADV that is an
increase of no less than 0.10% of US CADV for that month over the ETP
Holder's or Market Maker's providing ADV in Q1 2018. ETP Holders and
Market Makers that qualify for the Step-Up Tier would receive a credit
of $0.0030 per share for orders that provide displayed liquidity to the
Book in Tape A Securities, $0.0023 per share for orders that provide
displayed liquidity to the Book in Tape B Securities, and $0.0031 per
share for orders that provide displayed liquidity in Tape C Securities.
    The goal of the Step-Up Tier remains the same, i.e., to incentivize
ETP Holders and Market Makers to increase the orders sent directly to
NYSE Arca and therefore provide liquidity that supports the quality of
price discovery

and promotes market transparency.\7\ The Exchange believes that the
proposed new qualifying requirement for the Step-Up Tier will provide
an incentive for ETP Holders or Market Makers that are active traders
on the Exchange to increase the orders sent to the Exchange that would
provide liquidity.
---------------------------------------------------------------------------

    \7\ See supra, note 5, at 43634.
---------------------------------------------------------------------------

BBO Setter Tier
    The Exchange proposes a new pricing tier--BBO Setter Tier--for
securities with a per share price of $1.00 or above.
    As proposed, a new BBO Setter Tier credit of $0.0004 per share for
orders that set a new NYSE Arca BBO in Tape A and Tape C Securities and
$0.0002 per share for orders that set a new NYSE Arca BBO in Tape B
Securities would apply to ETP Holders and Market Makers that directly
execute providing ADV per month of 0.70% or more of the US CADV, and
provided that an ETP ID \8\ associated with an ETP Holder or Market
Maker, on a daily basis, measured monthly (1) Directly executes
providing ADV of at least 0.20% of US CADV, (2) sets a new NYSE Arca
BBO with at least 0.10% of US CADV; and (3) sets a new NYSE Arca BBO of
at least 40% of that ETP Holder's or Market Maker's ETP ID providing
ADV. The proposed credit would be in addition to the ETP Holder's or
Market Maker's Tiered or Basic Rate credit(s), and for Tape B and Tape
C Securities, the proposed credit would be in addition to any capped
credit.\9\
---------------------------------------------------------------------------

    \8\ ETP Holders enter orders and order instructions by using
communication protocols that map to the order types and modifiers
described in Exchange rules. The Exchange makes available ports that
communicate with the Exchange using Pillar phase I protocols and
Pillar phase II protocols. For purposes of the BBO Setter Tier,
references to ETP ID means an ETP ID when using Pillar phase I
protocols to communicate with the NYSE Arca Marketplace or an MPID
when using Pillar phase II protocols to communicate with the NYSE
Arca Marketplace.
    \9\ The Exchange does not have any capped credits for trading in
Tape A Securities.
---------------------------------------------------------------------------

    For example, assume an ETP Holder or Market Maker qualifies for the
Tape C Tier 1 credit of $0.0032 per share for orders that provide
liquidity to the Book. Assume further that the same ETP Holder or
Market Maker also qualifies for the Tape C Tier 2 incremental credit of
$0.0002 per share. Pursuant to the Tape C Tier 2 pricing tier, the ETP
Holder or Market Maker's credit cannot exceed $0.0033 per share. In
this example, the ETP Holder or Market Maker's credit would be capped
at $0.0033 per share. Assume further that the ETP Holder or Market
Maker has an ETP ID that qualifies for the proposed BBO Setter Tier,
which would provide an additional credit of $0.0004 per share to the
qualifying ETP ID, and combined with the ETP Holder or Market Maker's
credit of $0.0033 per share, the ETP Holder or Market Maker in this
example would receive a total credit of $0.0037 per share for orders
that set a new NYSE Arca BBO. The ETP ID's orders that do not set a new
NYSE Arca BBO would not receive the proposed BBO Setter Tier credit.
Tape A and Tape C Tier
    In July 2017, the Exchange filed a proposed rule change to adopt a
new pricing tier--Tape A and Tape C Tier--as an incentive for ETP
Holders and Market Makers to provide liquidity in Tape A and Tape C
Securities.\10\ The Tape A and Tape C Tier has not encouraged ETP
Holders and Market Makers to increase their activity to qualify for
this pricing tier as significantly as the Exchange had anticipated they
would. As a result, the Exchange proposes to remove this pricing tier
from the Fee Schedule.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 81134 (July 12,
2017), 82 FR 32911 (July 18, 2017) (SR-NYSEArca-2017-72).
---------------------------------------------------------------------------

IOI Credit
    In August 2008, the Exchange filed a proposed rule change to adopt
credits that apply to indications of interest (``IOIs'') submitted by
ETP Holders that result in routed and executed orders.\11\ IOIs are
non-displayed indications of symbol, size and side, which do not
interact with the NYSE Arca Book. At their discretion, participating
ETP Holders may send an IOI to the Exchange, which in turn considers
the IOI when determining potential destinations for outbound routes.
The purpose for adopting IOI Credits was to incentivize ETP Holders to
participate in the Exchange's IOI program and provide additional
liquidity to the marketplace. The IOI Credits have not incentivized ETP
Holders to participate in the IOI program as anticipated by the
Exchange. As a result, the Exchange proposes to eliminate the credits
associated with IOIs by deleting IOI Credit Tier 2 and IOI Credit Tier
3 entirely and renaming IOI Credit Tier 1 as IOI Credit. With this
proposed rule change, the Exchange would no longer provide credits
associated with IOIs. The Exchange proposes to reflect the elimination
of the credits by adopting rule text on the Fee Schedule that would
replace the current tiered credits with ``No Credit.''
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release Nos. 58397 (August 20,
2008), 73 FR 50389 (August 26, 2008) (SR-NYSEArca-2008-83); 59521
(March 5, 2009), 74 FR 10640 (March 11, 2009) (SR-NYSEArca-2009-15);
60495 (August 13, 2009), 74 FR 41957 (August 19, 2009) (SR-NYSEArca-
2009-72); and 66379 (February 10, 2012), 77 FR 9277 (February 16,
2012) (SR-NYSEArca-2012-11).
---------------------------------------------------------------------------

ETP Incentive Program
    The Exchange proposes to amend the Fee Schedule to reflect the
termination of a pilot program designed to incentivize quoting and
trading in Exchange Traded Products (``ETPs'') and to add competition
among existing qualified Market Makers \12\ (``ETP Incentive
Program''). The ETP Incentive Program was also designed to enhance the
market quality for ETPs by incentivizing Market Makers to take Lead
Market Maker (``LMM'') \13\ assignments in certain lower-volume ETPs by
offering an alternative fee structure for such LMMs.\14\ The ETP
Incentive Program was established in 2013.\15\ The Exchange
subsequently filed to extend it in 2014,\16\ in 2015,\17\ and finally
in 2016.\18\ However, the Exchange did not extend the program and it
expired on July 31, 2017. The Exchange proposes to remove reference to
the ETP Incentive Program from the Fee Schedule.
---------------------------------------------------------------------------

    \12\ With respect to equities traded on the Exchange, the term
Market Maker refers to an ETP Holder that acts as a Market Maker
pursuant to NYSE Arca Rule 7-E. See NYSE Arca Rule 1.1(z). An ETP
Holder is a sole proprietorship, partnership, corporation, limited
liability company, or other organization in good standing that has
been issued an ETP. See NYSE Arca Rule 1.1(o).
    \13\ With respect to equities traded on the Exchange, the term
Lead Market Maker refers to registered Market Maker that is the
exclusive Designated Market Maker in listings for which the Exchange
is the primary listing market. See NYSE Arca Rule 1.1(w).
    \14\ The LMM program was designed to incentivize firms to take
on the LMM designation and foster liquidity provision and stability
in the market. In order to accomplish this, the Exchange provided
LMMs with an opportunity to receive incrementally higher transaction
credits and incur incrementally lower transaction fees compared to
standard liquidity maker-taker rates.
    \15\ See Securities Exchange Act Release No. 69706 (June 6,
2013), 78 FR 35340 (June 12, 2013) (SR-NYSEArca-2013-34) (``ETP
Incentive Program Approval'').
    \16\ See Securities Exchange Act Release No. 72963 (September 3,
2014), 79 FR 53492 (September 9, 2014) (SR-NYSEArca-2014-99).
    \17\ See Securities Exchange Act Release No. 75846 (September 4,
2015), 80 FR 54646 (September 10, 2015) (SR-NYSEArca-2015-78).
    \18\ See Securities Exchange Act Release No. 78497 (August 8,
2016), 81 FR 53524 (August 12, 2016) (SR-NYSEArca-2016-110).
---------------------------------------------------------------------------

STP Modifier
    The Exchange currently provides STP Modifiers that allow ETP
Holders entering orders to elect to prevent those orders from executing
against other orders entered on the Exchange by the

same ETP Holder.\19\ In connection with the STP functionality, the
Exchange adopted credits and fees for orders returned to an ETP Holder
using the STP Modifiers.\20\ Currently, ETP Holders entering an
incoming order with either the STP Cancel Both (``STPC'') or the STP
Decrement and Cancel (``STPD'') Modifier are charged $0.0030 per share
for orders returned to the ETP Holder. The ETP Holder's corresponding
resting order marked with any of the STP Modifiers that interacts with
an incoming STPC or STPD Modifier is credited $0.0029 per share for
orders returned to the ETP Holder. The Exchange proposes to modify the
credit from $0.0029 per share to $0.0030 per share for an ETP Holder's
resting order that is returned to the ETP Holder. The Exchange is not
proposing any change to the fees and credits applicable to orders with
the STP Cancel Newest and the STP Cancel Oldest Modifiers.
---------------------------------------------------------------------------

    \19\ See Securities Exchange Act Release No. 60191 (June 30,
2009), 74 FR 32660 (July 8, 2009) (SR-NYSEArca-2009-58).
    \20\ See Securities Exchange Act Release No. 60322 (July 16,
2009), 74 FR 36794 (July 24, 2009) (SR-NYSEArca-2009-68). The
incoming order (last received order) marked with one of the STP
Modifiers controls the billing treatment of both interacting orders
marked with STP Modifiers. See Schedule of Fees, Self Trade
Prevention Modifiers, footnote 6.
---------------------------------------------------------------------------

    On incoming orders marked with the STPD Modifier, both orders are
cancelled back to the ETP Holder if the orders are equivalent in size.
If the orders are not equivalent in size, the equivalent size is
cancelled back to the ETP Holder and the larger order is decremented by
the size of the smaller order with the balance remaining on the NYSE
Arca Book. For billing purposes, only the size of the portion of the
orders cancelled back to the ETP Holder is charged or credited. On
incoming orders marked with the STPC Modifier, the entire size of both
orders is cancelled back to ETP Holder. However, for billing purposes,
incoming orders marked with the STPC Modifier are only charged or
credited up to the equivalent size of both orders.\21\
---------------------------------------------------------------------------

    \21\ See supra, note 19.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\22\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\23\ 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.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b).
    \23\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed revised Step-Up Tier is
equitable because it is open to all ETP Holders and Market Makers on an
equal basis and provides credits that are reasonably related to the
value to an exchange's market quality associated with higher volumes.
As stated above, the Exchange believes that the Step-Up Tier is
intended to incentivize market participants to increase the orders sent
directly to NYSE Arca and therefore provide liquidity that supports the
quality of price discovery and promotes market transparency. Moreover,
the addition of the Step-Up Tier would benefit market participants
whose increased order flow provides meaningful added levels of
liquidity thereby contributing to the depth and market quality on the
Exchange. The Exchange believes that the proposed change is equitable
and not unfairly discriminatory because providing incentives for orders
that are executed on a registered national securities exchange would
contribute to investors' confidence in the fairness of their
transactions and would benefit all investors by deepening the
Exchange's liquidity pool, supporting the quality of price discovery,
promoting market transparency and improving investor protection.
    The Exchange believes that the proposed NBBO Setter Tier is
reasonable because it provides an opportunity for ETP Holders and
Market Makers that qualify to receive an incremental per share credit
if the ETP ID associated with an ETP Holder or Market Maker meets
certain trading qualifications and establishes the BBO on the
Exchange.\24\ Thus the credit provides incentive to members to provide
aggressively priced orders that improve the market by setting the BBO
on the Exchange. The Exchange believes that it is reasonable to adopt
higher credit to Tape A and Tape C securities because it desires to
improve the market on the Exchange in those securities in terms of
setting the BBO, which is currently not as robust as price setting in
Tape B securities. The Exchange further believes that providing a
credit for qualifying orders in Tape C securities beyond the Tape C
Tier 2 cap is reasonable as it would create an additional incentive for
participants to quote aggressively on the Exchange, which would benefit
all investors by deepening the Exchange's liquidity pool, improving
displayed prices and promoting market transparency. The Exchange
believes the proposed pricing tier is equitable and not unfairly
discriminatory because the per share credit(s) under the BBO Setter
Tier would be available to all ETP Holders' and Market Makers' ETP IDs
on an equal basis and provides an incremental credit for activity that
improves the Exchange's market quality through increased activity and
by encouraging the setting of the BBO. In this regard, the BBO Setter
Tier is intended to encourage higher levels of liquidity provision into
the price discovery process and is consistent with the overall goals of
enhancing market quality.
---------------------------------------------------------------------------

    \24\ This is similar to programs currently in place on other
exchanges. See NBBO Program, Nasdaq Stock Market, at https://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2.
---------------------------------------------------------------------------

    The Exchange believes that it is reasonable to delete obsolete
pricing tiers from the Fee Schedule because ETP Holders and Market
Makers have not increased their activity to qualify for the Tape A and
Tape C Tier as significantly as the Exchange anticipated they would.
The Exchange believes that it is equitable and not unfairly
discriminatory to eliminate the Tape A and Tape C Tier because, as
proposed, such pricing tier would be eliminated entirely--ETP Holders
and Market Makers would no longer be able to qualify for this pricing
tier. This aspect of the proposed rule change would result in the
removal of obsolete text from the Fee Schedule and therefore add
greater clarity to the Fee Schedule.
    The Exchange believes that it is reasonable to eliminate the
credits that apply to IOIs submitted by ETP Holders that result in
routed and executed orders because the IOI Credits have not
incentivized ETP Holders to participate in the IOI program as
anticipated by the Exchange. The Exchange believes that it is equitable
and not unfairly discriminatory to eliminate the IOI Credits because,
as proposed, such credits would be eliminated entirely--ETP Holders
would no longer be able to qualify for such credits.
    The Exchange believes it is equitable, reasonable and not unfairly
discriminatory to remove reference to the ETP Pilot from the Fee
Schedule because the ETP Pilot expired in July 2017 and deleting rules
that no longer apply will bring clarity to the Fee Schedule. The
Exchange believes the proposed rule change will make the Fee Schedule
clearer and eliminate potential investor confusion, thereby removing
impediments to and perfecting the mechanism of a free and open market
and a national market system, and in

general, protecting investors and the public interest.
    The Exchange believes it is reasonable to modify the credit
provided to an ETP Holder's resting STP order that is returned to the
ETP Holder. The Exchange believes standardizing the fees and credits
applicable to orders marked with the STPC and STPD Modifier would
encourage ETP Holders to increase their utilization of the STP
functionality in order to better manage order flow and prevent
undesirable or unexpected executions with themselves. The Exchange
further believes the proposed increased credit is equitable and not
unfairly discriminatory because it would be available to all similarly
situated ETP Holders on an equal basis.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\25\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, the Exchange believes that the proposal
to add new pricing tiers would encourage the submission of additional
liquidity to a public exchange, thereby promoting price discovery and
transparency and enhancing order execution opportunities for ETP
Holders and Market Makers. In addition, the removal of pricing tiers
and fee credits, and deletion of obsolete text from the Fee Schedule
would not have any impact on inter- or intra-market competition because
the proposed change would result in a streamlined Fee Schedule. Also,
the Exchange believes the proposed increased credit for resting STP
orders returned to an ETP Holder would encourage ETP Holders to
increase their utilization of the STP functionality in order to better
manage order flow and prevent undesirable or unexpected executions with
themselves and thus would enhance order execution opportunities for ETP
Holders. The Exchange believes that this could promote competition
between the Exchange and other execution venues, including those that
currently offer similar STP functionality and comparable transaction
pricing.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues if they
deem fee levels at a particular venue to be excessive or rebate
opportunities available at other venues to be more favorable. In such
an environment, the Exchange must continually adjust its fees and
rebates to remain competitive with other exchanges and to attract order
flow to the Exchange. Because competitors are free to modify their own
fees and credits in response, and because market participants may
readily adjust their order routing practices, the Exchange believes
that the degree to which fee changes in this market may impose any
burden on competition is extremely limited. As a result of all of these
considerations, the Exchange does not believe that the proposed changes
will impair the ability of ETP Holders or competing order execution
venues to maintain their competitive standing in the financial markets.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \26\ of the Act and subparagraph (f)(2) of Rule
19b-4 \27\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(3)(A).
    \27\ 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) \28\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \28\ 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 protected]. Please include
File Number SR-NYSEArca-2018-20 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2018-20. 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 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. 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-NYSEArca-2018-20, and should be
submitted on or before May 8, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
---------------------------------------------------------------------------

    \29\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-07931 Filed 4-16-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39889-39890]
[FR Doc No: 2017-17742]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4327-DR: Docket ID FEMA-2017-0001]

Wyoming; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Wyoming (FEMA-4327-DR), dated August 5, 2017,
and related determinations.

DATES: This declaration was issued August 5, 2017.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated August 5, 2017, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Wyoming resulting from flooding during the period of June 7-22,
2017, is of sufficient severity and magnitude to warrant a major
disaster declaration under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Wyoming.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for

Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Thomas J. McCool, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Wyoming have been designated as
adversely affected by this major disaster:

    Fremont and Park Counties and the Wind River Reservation within
Fremont County for Public Assistance.
    All areas within the State of Wyoming are eligible for
assistance under the Hazard Mitigation Grant Program.

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

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-17742 Filed 8-21-17; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Notices]
[Page 33409]
[FR Doc No: 2013-13156]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. OR13-22-000; OR13-23-000]

Targa Badlands LLC; Notice of Petitions for Temporary Waiver of
Filing and Reporting Requirements

    Take notice that on May 16, 2013, pursuant to Rule 204 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.204 (2012),
Targa Badlands LLC (``Targa Badlands'') filed two petitions requesting
that the Commission grant a temporary waiver of the tariff filing and
reporting requirements applicable to interstate oil pipelines under
sections 6 and 20 of the Interstate Commerce Act (``ICA'') and parts
341 and 357 of the Commission's regulations. These requests pertain to
new pipeline facilities (Stanley Facilities) in Docket No. OR13-22-000,
and new gathering facilities (Myrmidon Facilities) in Docket No. OR13-
23-000, for Bakken crude oil production, as more particularly described
in the petitions.
    Any person desiring to intervene or to protest in this proceedings
must file in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
will be considered by the Commission in determining the appropriate
action to be taken, but will not serve to make protestants parties to
the proceeding. Anyone filing a motion to intervene or protest must
serve a copy of that document on the Applicant. In reference to filings
initiating a new proceeding, interventions or protests submitted on or
before the comment deadline need not be served on persons other than
the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on June 12, 2013.

    Dated: May 29, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-13156 Filed 6-3-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 24 (Tuesday, February 5, 2013)]
[Proposed Rules]
[Pages 8052-8054]
[FR Doc No: 2013-02450]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1322; Directorate Identifier 2012-NM-155-AD]
RIN 2120-AA64

Airworthiness Directives; DASSAULT AVIATION Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain DASSAULT AVIATION Model MYSTERE-FALCON 900 and FALCON 900EX
airplanes. This proposed AD was prompted by reports of chafing between
the tail strobe power supply and a hydraulic line. This proposed AD
would require modifying the tail strobe power supply wire routing. We
are proposing this AD to prevent chafing between the tail strobe power
supply and a hydraulic line, which could result in hydraulic fluid
leakage and possible fire due to arcing, and consequent loss of control
of the airplane due to structural failure of the tail.

DATES: We must receive comments on this proposed AD by March 22, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606;
telephone<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

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

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

SUPPLEMENTARY INFORMATION:

Comments Invited

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

FAA-2012-1322; Directorate Identifier 2012-NM-155-AD'' at the beginning
of your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of this
proposed AD. We will consider all comments received by the closing date
and may amend this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2012-0162, dated August 29, 2012 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Two reports were received concerning Falcon 900 aeroplanes,
where chafing between the tail strobe power supply and a hydraulic
line was found. In the latest reported occurrence, the chafing
damaged the power line and created an electrical arcing which
created a pin hole in the hydraulic line, leading to hydraulic fluid
leakage.
    This condition, if not corrected, could jeopardize the
aeroplane's safe flight.
    To address this potential unsafe condition, Dassault Aviation
developed modification (M5741) of the routing of the tail strobe
power supply wire, which is available for accomplishment in service
through Dassault Service Bulletin (SB) F900-431 or SB F900EX-437, as
applicable to aeroplane model.
    For the reasons described above, this [EASA] AD requires
modification of the routing of the tail strobe power supply wire.

The unsafe condition is chafing between the tail strobe power supply
and a hydraulic line, which could result in hydraulic fluid leakage and
possible fire due to arcing, and consequent loss of control of the
airplane due to structural failure of the tail. You may obtain further
information by examining the MCAI in the AD docket.

Relevant Service Information

    Dassault has issued Mandatory Service Bulletin F900-431, dated
November 8, 2011 (for Model MYSTERE-FALCON 900 airplanes); and
Mandatory Service Bulletin F900EX-437, dated November 8, 2011 (for
Model FALCON 900EX airplanes). The actions described in these service
bulletins are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 180 products of U.S. registry. We also estimate that
it would take about 2 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $31 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these parts.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $36,180, or $201 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    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, 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 adding the following new AD:

DASSAULT AVIATION: Docket No. FAA-2012-1322; Directorate Identifier
2012-NM-155-AD.

(a) Comments Due Date

    We must receive comments by March 22, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1)
and (c)(2) of this AD, certificated in any category.
    (1) DASSAULT AVIATION Model MYSTERE-FALCON 900 airplanes, serial
numbers (S/N) 142 and subsequent.
    (2) DASSAULT AVIATION Model FALCON 900EX airplanes, all serial
numbers

except those on which Dassault Aviation modification M5741 has been
embodied in production.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of chafing between the tail
strobe power supply and a hydraulic line. We are issuing this AD to
prevent chafing between the tail strobe power supply and a hydraulic
line, which could result in hydraulic fluid leakage and possible
fire due to arcing, and consequent loss of control of the airplane
due to structural failure of the tail.

(f) Compliance

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

(g) Actions

    Within 65 days or 200 flight hours after the effective date of
this AD, whichever occurs first: Modify the tail strobe power supply
wire routing, in accordance with the Accomplishment Instructions of
Dassault Mandatory Service Bulletin F900-431, dated November 8, 2011
(for Model MYSTERE-FALCON 900 airplanes); or Dassault Mandatory
Service Bulletin F900EX-437, dated November 8, 2011 (for FALCON
900EX airplanes).

(h) Other FAA AD Provisions

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

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2012-
0162, dated August 29, 2012, and the service information specified
in paragraphs (j)(1)(i) and (j)(1)(ii) of this AD, for related
information.
    (i) Dassault Mandatory Service Bulletin F900-431, dated November
8, 2011.
    (ii) Dassault Mandatory Service Bulletin F900EX-437, dated
November 8, 2011.
    (2) For service information identified in this AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606;
telephone<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Renton, Washington, on January 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-02450 Filed 2-4-13; 8:45 am]
BILLING CODE 4910-13-P