PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request U. S. EPA, Manufacturing, Energy and Transportation Div. 2. OMB control number b. G None a. 2 0 2 0  0 0 0 9 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title NSPS Subpart K, Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced after June 11, 1973, and Prior to May 19, 1978.

8. Agency form number( s) ( If applicable) EPA ICR No. 1797.02 9. Keywords Clean Air Act, Air Pollution Control, Environmental Protection 10. Abstract These performance standards apply to storage vessels of petroleum liquids for which construction, reconstruction, or modification commenced after June 11, 1973, and prior to May 19, 1978. Facilities subject to this subpart are those that operate a storage vessel with petroleum liquids which has a storage capacity greater than 151,416 liters ( 40,000 gallons), and for which construction commenced after June 11, 1973, and prior to May 19, 1978; storage vessel greater than 151,416 liters ( 40,000 gallons) but not exceeding 246,052 liters ( 65,000 gallons), and commences construction or modification after March 8, 1974, and prior to May 19, 1978; and storage vessel that has a capacity greater than 246,052 liters ( 65,000 gallons), and commences construction or modification after June 11, 1973, and prior to May 19, 1978.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 220 b. Total annual responses 4 1. Percentage of these responses collected electronically 0 % c. Total annual hours requested 678 d. Current OMB inventory 678 e. Difference 0 f. Explanation of difference 1. Program Change 2. Adjustment 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 0 c. Total annualized cost requested 0 d. Current OMB inventory 0 e. Difference f. Explanation of difference 1. Program change 2. Adjustment 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e.__ Program planning or management b. Program evaluation f. Research c. __ General purpose statistics g. P Regulatory or compliance d. Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Everett Bishop Phone: ( 202) 564 7032 OMB 83 I 10/ 95


                                 Attachment C
     Fumigant Reregistration Eligibility Decisions and Supporting Documents

Documents to support the reregistration or registration actions for the group of soil fumigants listed below can be found in the public docket at www.regulations.gov under the following docket numbers:

Methyl bromide: 			EPA-HQ-OPP-2005-0123
1,3-dichloropropene:			EPA-HQ-OPP-2005-0124
Metam sodium/potassium:		EPA-HQ-OPP-2005-0125
Dazomet: 				EPA-HQ-OPP-2005-0128
Chloropicrin: 				EPA-HQ-OPP-2007-0350
Iodomethane: 				EPA-HQ-OPP-2005-0252
Dimethyl disulfide (DMDS):		EPA-HQ-OPP-2007-0092


[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16442-16443]
[FR Doc No: 2017-06571]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80339]

Order Granting Application by C2 Options Exchange, Incorporated
for an Exemption Pursuant to Section 36(a) of the Exchange Act From the
Rule Filing Requirements of Section 19(b) of the Exchange Act With
Respect to Certain Rules Incorporated by Reference

March 29, 2017.
    C2 Options Exchange, Incorporated (``C2'' or ``Exchange'') has
filed with the Securities and Exchange Commission (``Commission'') an
application for an exemption under Section 36(a)(1) of the Securities
Exchange Act of 1934 (``Exchange Act'') \1\ from the rule filing
requirements of Section 19(b) of the Exchange Act \2\ with respect to
certain rules of the Chicago Board Options Exchange, Incorporated
(``CBOE'') that the Exchange seeks to incorporate by reference. Section
36 of the Exchange Act authorizes the Commission to conditionally or
unconditionally exempt any person, security, or transaction, or any
class thereof, from any provision of the Exchange Act or rule
thereunder, if necessary or appropriate in the public interest and
consistent with the protection of investors.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78mm(a)(1).
    \2\ 15 U.S.C. 78s(b).
---------------------------------------------------------------------------

    Both C2 and CBOE are Participants in the National Market System
Plan Governing the Consolidated Audit Trail (``CAT NMS Plan'' or
``Plan'').\3\ Each Participant in the CAT NMS Plan is required to
enforce compliance by its members with the provisions of the Plan by
adopting a ``Compliance Rule'' applicable to its members.\4\ On January
30, 2017, CBOE filed a proposed rule change with the Commission to
adopt new Section F to Chapter VI of its rules to implement the CAT
Compliance Rule.\5\ On the same day, C2 filed a proposed rule change
with the Commission to incorporate by reference, in new Section F of
Chapter 6 of its rules, the rules contained in Section F of Chapter VI
of CBOE's rules.\6\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 79318 (November 15,
2016), 81 FR 84696 (November 23, 2016) (``CAT NMS Plan Approval
Order''). All capitalized terms not otherwise defined herein shall
have the meaning ascribed to them in the CAT NMS Plan or CAT NMS
Plan Approval Order.
    \4\ Id. at 84945, 84950.
    \5\ See Securities Exchange Act Release No. 79950 (February 2,
2017), 82 FR 9916 (February 8, 2017).
    \6\ See Securities Exchange Act Release No. 79953 (February 3,
2017), 82 FR 10034 (February 9, 2017). CBOE and C2's proposed rule
changes were approved by the Commission on March 15, 2017. See
Securities Exchange Act Release No. 80256, 82 FR 14526 (March 21,
2017).
---------------------------------------------------------------------------

    C2 has requested, pursuant to Rule 0-12 under the Exchange Act,\7\
that the Commission grant the Exchange an exemption from the rule
filing requirements of Section 19(b) of the Exchange Act for changes to
Section F of Chapter 6 of C2's rules that are effected solely by virtue
of a change to Section F of Chapter VI of CBOE's rules. Specifically,
C2 requests that it be permitted to incorporate by reference changes
made to Section F of Chapter VI of CBOE's rules \8\ without the need
for C2 to file separately the same proposed rule changes pursuant to
Section 19(b) of the Exchange Act.\9\ By virtue of these incorporations
by reference, the requirements applicable to C2 Permit Holders \10\
will change when the applicable CBOE rules change, without the need for
C2 to file separately the same proposed rule changes pursuant to
Section 19(b) of the Exchange Act.\11\
---------------------------------------------------------------------------

    \7\ 17 CFR 240.0-12.
    \8\ C2 Chapter 6, Section F states: ``The rules contained in
Section F of CBOE Chapter VI relating to the Consolidated Audit
Trail (CAT) Compliance Rule, as such rules may be in effect from
time to time, shall apply to C2 and are hereby incorporated into
this Chapter.''
    \9\ See Letter from Laura G. Dickman, Lead Counsel, CBOE, to
Brent J. Fields, Secretary, Commission, dated January 30, 2017 (``C2
Letter'').
    \10\ ``Permit Holder'' means ``the Exchange recognized holder of
a Trading Permit. A Permit Holder is also known as a Trading Permit
Holder under the Bylaws. Permit Holders are deemed `members' under
the Exchange Act.'' C2 Rule 1.1.
    \11\ C2 Letter, supra note 8.
---------------------------------------------------------------------------

    The Exchange represents that Section F of Chapter 6 is a category
of Exchange rules (rather than individual rules within a category) that
are not trading rules, and that the incorporation by reference of CBOE
Chapter VI, Section F, which are regulatory rules, is intended to be a
comprehensive

integration of the relevant CBOE rules into C2's rules. The Exchange
has agreed to provide written notice to its members whenever CBOE
proposes a change to a CBOE rule that the Exchange has incorporated by
reference.\12\
---------------------------------------------------------------------------

    \12\ The Exchange will provide this notice by posting on its Web
site, at the same location as it posts its own rule filings as
required by Rule 19b-4(l), a link to the location on CBOE's Web site
where the proposed rule change is posted. Id.
---------------------------------------------------------------------------

    The Exchange believes this exemption is necessary and appropriate
to maintain consistency between C2 rules and the relevant CBOE rules,
thus helping to ensure identical regulation of C2 Permit Holders that
are also CBOE Trading Permit Holders \13\ with respect to the
incorporated provisions as well as helping to ensure that C2-only
Permit Holders are subject to consistent regulation as CBOE Trading
Permit Holders.\14\ The Exchange believes that, without such an
exemption, such Permit Holders could be subject to two different
standards.\15\
---------------------------------------------------------------------------

    \13\ ``Trading Permit Holder'' means ``any individual,
corporation, partnership, limited liability company or other entity
authorized by the Rules that holds a Trading Permit . . . A Trading
Permit Holder is a `member' solely for purposes of the [Exchange]
Act.'' See CBOE Rule 1.1 (citing Section 1.1 of CBOE Bylaws).
    \14\ C2 Letter, supra note 8.
    \15\ Id.
---------------------------------------------------------------------------

    The Commission has issued exemptions similar to the Exchange's
request.\16\ In granting one such exemption in 2010, the Commission
repeated a prior, 2004 Commission statement that it would consider
similar future exemption requests from other self-regulatory
organizations (``SROs''), provided that:
---------------------------------------------------------------------------

    \16\ See, e.g., Securities Exchange Act Release Nos. 72650 (July
22, 2014), 79 FR 44075 (July 29, 2014) (order granting exemptive
requests from NASDAQ OMX BX, Inc. and the NASDAQ Stock Market LLC
relating to rules of NASDAQ OMX PHLX LLC incorporated by reference);
67256 (June 26, 2012), 77 FR 39277, 39286 (July 2, 2012) (order
approving SR-BX-2012-030 and granting exemptive request relating to
rules incorporated by reference by the BX Options rules); 61534
(February 18, 2010), 75 FR 8760 (February 25, 2010) (order granting
BATS Exchange, Inc.'s exemptive request relating to rules
incorporated by reference by the BATS Exchange Options Market rules)
(``BATS Options Market Order''); 67256 (June 26, 2012), 77 FR 39277,
39286 (July 2, 2012) (order approving SR-BX-2012-030 and granting
exemptive request relating to rules incorporated by reference by the
BX Options rules); and 57478 (March 12, 2008), 73 FR 14521, 14539-40
(March 18, 2008) (order approving SR-NASDAQ-2007-004 and SR-NASDAQ-
2007-080, and granting exemptive request relating to rules
incorporated by reference by The NASDAQ Options Market).
---------------------------------------------------------------------------

     An SRO wishing to incorporate rules of another SRO by
reference has submitted a written request for an order exempting it
from the requirement in Section 19(b) of the Exchange Act to file
proposed rule changes relating to the rules incorporated by reference,
has identified the applicable originating SRO(s), together with the
rules it wants to incorporate by reference, and otherwise has complied
with the procedural requirements set forth in the Commission's release
governing procedures for requesting exemptive orders pursuant to Rule
0-12 under the Exchange Act; \17\
---------------------------------------------------------------------------

    \17\ See 17 CFR 240.0-12 and Securities Exchange Act Release No.
39624 (February 5, 1998), 63 FR 8101 (February 18, 1998)
(``Commission Procedures for Filing Applications for Orders for
Exemptive Relief Pursuant to Section 36 of the Exchange Act; Final
Rule'').
---------------------------------------------------------------------------

     The incorporating SRO has requested incorporation of
categories of rules (rather than individual rules within a category)
that are not trading rules (e.g., the SRO has requested incorporation
of rules such as margin, suitability, or arbitration); and
     The incorporating SRO has reasonable procedures in place
to provide written notice to its members each time a change is proposed
to the incorporated rules of another SRO.\18\
---------------------------------------------------------------------------

    \18\ See BATS Options Market Order, supra note 15 (citing
Securities Exchange Act Release No. 49260 (February 17, 2004), 69 FR
8500 (February 24, 2004) (order granting exemptive request relating
to rules incorporated by reference by several SROs) (``2004
Order'')).
---------------------------------------------------------------------------

    The Commission believes that the Exchange has satisfied each of
these conditions. The Commission also believes that granting the
Exchange an exemption from the rule filing requirements under Section
19(b) of the Exchange Act will promote efficient use of Commission and
Exchange resources by avoiding duplicative rule filings based on
simultaneous changes to identical rule text sought by more than one
SRO.\19\ The Commission therefore finds it appropriate in the public
interest and consistent with the protection of investors to exempt the
Exchange from the rule filing requirements under Section 19(b) of the
Exchange Act with respect to the above-described rules it has
incorporated by reference. This exemption is conditioned upon the
Exchange promptly providing written notice to its members whenever CBOE
changes a rule that the Exchange has incorporated by reference.
---------------------------------------------------------------------------

    \19\ See BATS Options Market Order, supra note 15, 75 FR at
8761; see also 2004 Order, supra note 17, 69 FR at 8502.
---------------------------------------------------------------------------

    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act,\20\ that the Exchange is exempt from the rule filing requirements
of Section 19(b) of the Exchange Act solely with respect to changes to
the rules identified in its request that incorporate by reference
certain CBOE rules that are the result of changes to such CBOE rules,
provided that the Exchange promptly provides written notice to its
members whenever CBOE proposes to change a rule that the Exchange has
incorporated by reference.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78mm.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Eduardo A. Aleman,
Assistant Secretary.
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(76).
---------------------------------------------------------------------------

[FR Doc. 2017-06571 Filed 4-3-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: June 21, 2006 (Volume 71, Number 119)]
[Notices]
[Page 35645]
[DOCID:fr21jn06-87]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 516-418]

South Carolina Electric & Gas Company; Notice of Availability of
Environmental Assessment

June 12, 2006.
    An environmental assessment (EA) is available for public review.
The EA was prepared for an application filed by South Carolina Electric
& Gas Company (licensee) on February 21, 2006 requesting commission
approval for non-project use of project lands and waters at the Saluda
Hydroelectric Project. The project is located on Lake Murray in Saluda
County, South Carolina. The non-project use would include a water
withdrawal of 15.0 million gallons per day for public drinking water,
and a conveyance of 0.23 acres of project property along with a 40-foot
wide ingress and egress easement for the purpose of constructing a raw-
water pumping station and associated facilities. The water withdrawal
would involve an inter-basin transfer from the Saluda River basin for
use and discharge into the Lower Savannah River basin and the Edisto
River basin.
    The EA evaluates the environmental impacts that would result from
approving the licensee's proposed water withdrawal and the construction
of associated facilities. Some land disturbance and lake-bottom
excavation would occur, but impacts to the terrestrial and aquatic
resources are expected to be minor and short term. The EA finds that
approval of the application for non-project use of project lands and
waters would not constitute a major Federal action significantly
affecting the quality of the human environment.
    A copy of the EA is attached to a Commission order titled ``Order
Modifying and Approving Non-Project Use of Project Lands and Waters''
issued June 9, 2006 and is available for review at the Commission or
may be viewed on the Commission's Web site at http://www.ferc.gov using

the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access documents. For assistance,
contact FERC Online Support at<EMAIL_ADDRESS>or toll-free
at 1-866-208-3676, or for TTY,<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-9764 Filed 6-20-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Rules and Regulations]
[Pages 45061-45065]
[FR Doc No: 2019-18516]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0257; Product Identifier 2018-NM-175-AD; Amendment
39-19714; AD 2019-16-11]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-20-
06, which applied to certain Airbus SAS Model A300 F4-600R series
airplanes. AD 2018-20-06 required repetitive high frequency eddy
current (HFEC) inspections of the aft lower deck cargo door (LDCD)
frame forks; a one-time check of the LDCD clearances; a one-time
detailed visual inspection of hooks, eccentric bushes, and x-stops; and
corrective actions if necessary. This AD retains the actions of AD
2018-20-06 and requires new compliance times, depending on frame fork
configuration. This AD was prompted by a report of two adjacent frame
forks that were found cracked on the aft LDCD of two airplanes during
scheduled maintenance, and a determination that certain compliance
times need to be revised. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective October 2, 2019.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 26,
2017 (81 FR 93801, December 22, 2016), and November 5, 2018 (83 FR
49265, October 1, 2018).

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile
Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
internet http://www.airbus.com. You may view this referenced service
information at the FAA, Transport Standards 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 on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0257.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0257; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2018-20-06, Amendment 39-19440 (83 FR
49265, October 1, 2018) (``AD 2018-20-06''). AD 2018-20-06 applied to
certain Airbus SAS Model A300 F4-600R series airplanes. The NPRM
published in the Federal Register on May 7, 2019 (84 FR 19881). The
NPRM was prompted by a report of two adjacent frame forks that were
found cracked on the aft LDCD of two airplanes during scheduled
maintenance, and a determination that certain compliance times need to
be revised. The NPRM proposed to continue to require the actions of AD
2018-20-06 and also to require new compliance times, depending on frame
fork configuration. The FAA is issuing this AD to address cracked or
ruptured aft LDCD frames, which could allow loads to be transferred to
the remaining structural elements. This condition could lead to the
rupture of one or more vertical aft LDCD frames, which could result in
reduced structural integrity of the aft LDCD.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0266, dated December 11, 2018 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Airbus SAS Model A300 F4-600R
series airplanes. The MCAI states:

    During scheduled maintenance at frames (FR) 61 and FR61A on the
aft lower deck cargo door (LDCD) of two [Airbus SAS] A300-600F4
aeroplanes, two adjacent frame forks were found cracked. Subsequent
analysis determined that, in case of cracked or ruptured aft cargo
door frame(s), loads will be transferred to the remaining structural
elements. However, these secondary load paths will be able to
sustain the loads for a limited number of flight cycles (FC) only.
    This condition, if not detected and corrected, could lead to the
rupture of one or more vertical aft cargo door frame(s), resulting
in reduced structural integrity of the aft cargo door.
    To address this unsafe condition, Airbus issued Alert Operators
Transmission (AOT) A52W011-15 to provide inspection instructions,
and, consequently, EASA issued AD 2015-0152 to require repetitive
inspections of the aft LDCD frame forks and, depending on findings,
the accomplishment of applicable corrective action(s). Subsequently,
Airbus published the modification SB [service bulletin] to provide
frame fork reinforcement instructions, and the inspection SB to
provide instructions to inspect the cargo door for cracks, as well
as for frame fork replacement, including provisions for extended
inspection intervals. EASA revised the AD accordingly.
    Since EASA AD 2015-0152R1 [which corresponds to FAA AD 2018-20-
06] was issued, further investigations results allowed Airbus to
define new thresholds and inspection intervals according to the
frame fork configuration. Consequently, the inspection SB was
revised to include these new thresholds and intervals.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2015-0152R1, which is superseded, and
introduces new thresholds and intervals, depending on frame fork
configuration.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0257.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    FedEx stated agreement that this AD is required to maintain the
continued airworthiness and safety of its fleet.

Request To Clarify Reason for Referencing Alert Operators Transmission

    Airbus requested clarification as to why the proposed AD referenced
Airbus Alert Operators Transmission A52W011-15, even though the MCAI no
longer references Airbus Alert Operators Transmission A52W011-15,
Revision 00, dated July 23, 2015 (``Airbus All Operators Transmission
A52W011-15''), as it had in previous versions of the EASA ADs. Airbus
pointed out that the MCAI no longer references Airbus Alert Operators
Transmission A52W011-15, and now only references Airbus Service
Bulletin A300-52-6086, Revision 01, dated May 2, 2018 (``Airbus Service
Bulletin A300-52-6086''). Further, Airbus noted that the proposed AD
retained the reference to Airbus Alert Operators Transmission A52W011-
15.
    The FAA acknowledges that the MCAI does not reference Airbus Alert
Operators Transmission A52W011-15, and that the proposed AD retained
this reference. We determined that, for the purposes of this AD, the
inclusion of Airbus Alert Operators Transmission A52W011-15 is
necessary to meet the requirements of this AD. The FAA carries over
previous requirements for several reasons, including: To provide credit
to operators who have already complied with the service information, to
reduce the need for alternative method of compliance (AMOC) requests,
and to prevent situations where operators could potentially be put out
of compliance. For these reasons, the FAA has determined that this AD
should include reference to Airbus Alert Operators Transmission
A52W011-15. No changes have been made to this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    This AD requires Airbus Service Bulletin A300-52-6085, Revision 01,
dated May 2, 2018; and Airbus Service Bulletin A300-52-6086, Revision
01, dated May 29, 2018; which the Director of the Federal Register
approved for incorporation by reference as of November 5, 2018 (83 FR
49265, October 1, 2018).
    This AD also requires Airbus Alert Operators Transmission A52W011-
15, Revision 00, including Appendices 1, 2, 3, and 4, dated July 23,
2015, which the Director of the Federal Register approved for
incorporation by reference as of January 26, 2017 (81 FR 93801,
December 22, 2016).
    This service information 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.

Costs of Compliance

    The FAA estimates that this AD affects 58 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2018-20-06...  17 work-hours x $85 per               $0          $1,445         $83,810
                                         hour = $1,445.
----------------------------------------------------------------------------------------------------------------

    The new requirements of this AD add no additional economic burden.
    The FAA estimates the following costs to do any necessary on-
condition actions 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 actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 65 work-hours x $85 per hour = Up  Up to $10,000......................  Up to $15,525.
 to $5,525.
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship

between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2018-20-06, Amendment 39-19440 (83 FR 49265, October 1, 2018), and
adding the following new AD:

2019-16-11 Airbus SAS: Amendment 39-19714; Docket No. FAA-2019-0257;
Product Identifier 2018-NM-175-AD.

(a) Effective Date

    This AD is effective October 2, 2019.

(b) Affected ADs

    This AD replaces 2018-20-06, Amendment 39-19440 (83 FR 49265,
October 1, 2018) (``AD 2018-20-06'').

(c) Applicability

    This AD applies to Airbus SAS Model A300 F4-605R and F4-622R
airplanes, certificated in any category, on which Airbus
modification 12046 has been embodied in production. Modification
12046 has been embodied in production on manufacturer serial numbers
(MSNs) 0805 and above, except MSNs 0836, 0837, and 0838.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by a report of two adjacent frame forks
that were found cracked on the aft lower deck cargo door (LDCD) of
two airplanes during scheduled maintenance, and a determination that
certain compliance times need to be revised. The FAA is issuing this
AD to address cracked or ruptured aft LDCD frames, which could allow
loads to be transferred to the remaining structural elements. This
condition could lead to the rupture of one or more vertical aft LDCD
frames, which could result in reduced structural integrity of the
aft LDCD.

(f) Compliance

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

(g) New Affected Part Definition

    For the purposes of this AD, an affected part is a frame fork
having a part number identified in figure 1 to paragraph (g) of this
AD.
[GRAPHIC] [TIFF OMITTED] TR28AU19.000

(h) Retained Inspection Requirements and On-Condition Actions, With
Revised Compliance Language

    This paragraph restates the requirements of paragraph (g) of AD
2018-20-06, with revised compliance language. At the applicable time
specified in paragraph (i) of this AD, or before exceeding the
threshold defined in figure 2 to paragraph (h) of this AD, whichever
occurs later: Do the actions specified in paragraphs (h)(1) through
(3) of this AD. Repeat the high frequency eddy current (HFEC)
inspection specified in paragraph (h)(3) of this AD at all LDCD
frame fork stations having affected parts thereafter at intervals
not to exceed the applicable times specified in figure 2 to
paragraph (h) of this AD.
    (1) A one-time check of the aft LDCD clearances ``U'' and ``V''
between the latching hooks and the eccentric bush at frame (FR) 60
through FR64A, in accordance with the instructions of Airbus Alert
Operators Transmission A52W011-15, Revision 00, dated July 23, 2015;
or the Accomplishment Instructions of Airbus Service Bulletin A300-
52-6086, Revision 01, dated May 29, 2018. If any value outside
tolerance is found, adjust the latching hook before further flight,
in accordance with the instructions of Airbus Alert Operators
Transmission A52W011-15, Revision 00, dated July 23, 2015; or the
Accomplishment Instructions of Airbus Service Bulletin A300-52-6086,
Revision 01, dated May 29, 2018.
    (2) A one-time detailed inspection to detect signs of wear of
the hooks, eccentric bushes, and x-stops, in accordance with the
instructions of Airbus Alert Operators Transmission A52W011-15,
Revision 00, dated July 23, 2015. If any wear is found, do all
applicable corrective actions before further flight, in accordance
with the instructions of Airbus Alert Operators Transmission
A52W011-15, Revision 00, dated July 23, 2015.
    (3) An HFEC inspection to detect cracking at all frame fork
stations of the aft LDCD, in accordance with the instructions of
Airbus Alert Operators Transmission A52W011-15, Revision 00, dated
July 23, 2015; or the Accomplishment Instructions of Airbus Service
Bulletin A300-52-6086, Revision 01, dated May 29, 2018. If any crack
is found, before further flight, replace the cracked frame fork, in
accordance with the instructions of Airbus Alert Operators
Transmission A52W011-15, Revision 00, dated July 23, 2015; repair
the cracked frame fork, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A300-52-6086, Revision 01,
dated May 29, 2018; or modify (reinforce) the cracked frame fork,
including doing all applicable related investigative and corrective
actions, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A300-52-6085, Revision 01, dated May 2,
2018; except as required by paragraph (j) of this AD.

[GRAPHIC] [TIFF OMITTED] TR28AU19.001

(i) Retained Compliance Times, With No Changes

    At the later of the times specified in paragraphs (i)(1) and (2)
of this AD, do the actions required by paragraph (h) of this AD.
    (1) Before the accumulation of 4,500 total flight cycles.
    (2) At the applicable time specified by paragraph (i)(2)(i) or
(ii) of this AD.
    (i) For airplanes that have accumulated 8,000 or more total
flight cycles as of January 26, 2017 (the effective date of AD 2016-
25-03, Amendment 39-18729 (81 FR 93801, December 22, 2016) (``AD
2016-25-03'')): Within 100 flight cycles after January 26, 2017.
    (ii) For airplanes that have accumulated fewer than 8,000 total
flight cycles as of January 26, 2017 (the effective date of AD 2016-
25-03): Within 400 flight cycles after January 26, 2017.

(j) Service Information Exception

    Where Airbus Service Bulletin A300-52-6085, Revision 01, dated
May 2, 2018, specifies to contact Airbus for appropriate action:
Before further flight, accomplish corrective actions in accordance
with the procedures specified in paragraph (n)(2) of this AD.

(k) No Terminating Action

    Accomplishment of corrective actions on an airplane as required
by paragraph (h)(1) or (2) of this AD; or repair, modification, or
replacement of a frame fork as required by paragraph (h)(3) of this
AD, on the aft LDCD of an airplane; does not constitute terminating
action for the repetitive HFEC

inspections required by paragraph (h)(3) of this AD for that
airplane.

(l) No Reporting

    Although the Accomplishment Instructions of Airbus Alert
Operators Transmission A52W011-15, Revision 00, dated July 23, 2015;
and Airbus Service Bulletin A300-52-6086, Revision 01, dated May 29,
2018; specify to submit certain information to the manufacturer,
this AD does not include that requirement.

(m) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraphs (h)(1) and (3) of this AD, if those actions were
performed before the effective date of this AD using Airbus Service
Bulletin A300-52-6086, Revision 00, dated December 25, 2016.
    (2) This paragraph provides credit for actions required by
paragraph (h)(3) of this AD, if those actions were performed before
the effective date of this AD using Airbus Service Bulletin A300-52-
6085, Revision 00, dated December 22, 2016.

(n) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (o)(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 2018-20-06 are approved as
AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Section, Transport Standards
Branch, FAA; or the European Aviation Safety Agency (EASA); or
Airbus SAS's EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0266, dated December 11, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0257.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (p)(5) and (6) of this AD.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
November 5, 2018 (83 FR 49265, October 1, 2018).
    (i) Airbus Service Bulletin A300-52-6085, Revision 01, dated May
2, 2018.
    (ii) Airbus Service Bulletin A300-52-6086, Revision 01, dated
May 29, 2018.
    (4) The following service information was approved for IBR on
January 26, 2017 (81 FR 93801, December 22, 2016).
    (i) Airbus Alert Operators Transmission A52W011-15, Revision 00,
dated July 23, 2015, including the following appendices:
    (A) Appendix 1--Flowchart, undated.
    (B) Appendix 2--Reporting Sheet, undated. (None of the pages of
Appendix 2 are numbered.)
    (C) Appendix 3--titled ``Technical Disposition,'' Ref. TD/K12/
L3/02978/2015, Issue B, dated July 21, 2015. (Appendix 3 is
identified with an appendix number only on page 1 of Airbus Alert
Operators Transmission A52W011-15, Revision 00, dated July 23,
2015.)
    (D) Appendix 4--P/N identification for frame forks and bushings,
undated.
    (ii) [Reserved]
    (5) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email<EMAIL_ADDRESS>internet
http://www.airbus.com.
    (6) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on August 15, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-18516 Filed 8-27-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Notices]
[Pages 6562-6565]
[FR Doc No: 2016-02334]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77034; File No. SR-MIAX-2016-03]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Exchange Rules 503 and 515

February 2, 2016.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on January 20, 2016, Miami International
Securities Exchange LLC (``MIAX'' or ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') a proposed rule
change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposal to amend Exchange Rules 503,
Openings on the Exchange, and 515, Execution of Orders and Quotes.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX's principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposal is to adopt new rule text and provide
additional clarity to MIAX participants regarding the manner in which
non-routable, or Do Not Route (``DNR''),\3\ orders that are not
executed during the opening on the Exchange are handled.
---------------------------------------------------------------------------

    \3\ A Do Not Route or ``DNR'' order is an order that will never
be routed outside of the Exchange regardless of the prices displayed
by away markets. A DNR order may execute on the Exchange at a price
equal to or better than, but not inferior to, the best away market
price but, if that best away market remains, the DNR order will be
handled in accordance with the managed interest process described in
Rule 515(c)(1)(ii). See Exchange Rule 516(g).
---------------------------------------------------------------------------

    First, the Exchange proposes to amend Rule 503(f), Opening Process,
to clarify the process that occurs when (i) the MIAX System \4\ has
completed the opening imbalance process and there are unexecuted
contracts remaining following an opening transaction, or (ii) if there
is no opening transaction and the Exchange opens by disseminating the
Exchange's best bid and offer among quotes and orders that exist in the
System at that time as described in current Rule 503(f)(1).\5\ In the
latter situation, non-routable orders then in the System that cross the
Away Best Bid or Offer (``ABBO'') will be cancelled and are not
included in the Managed Interest Process, as described in proposed Rule
515(c)(1)(ii)(B).
---------------------------------------------------------------------------

    \4\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
    \5\ If there are no quotes or orders that lock or cross each
other, the System will open by disseminating the Exchange's best bid
and offer among quotes and orders that exist in the System at that
time. See Exchange Rule 503(f)(1).
---------------------------------------------------------------------------

    Additionally, the Exchange proposes to amend current Exchange Rule
515(c)(1)(ii) to explicitly state that, when the MIAX System opens
without an opening transaction, and instead opens by disseminating the
Exchange's best bid and offer among quotes and orders that exist in the
System at that time as described in Rule 503(f)(1), non-routable orders
then in the System that cross the ABBO will be cancelled and are not
included in the Managed Interest Process described below.
DNR Orders at the Opening
    Exchange Rule 503(f) describes the Opening Process on the Exchange,
in which the System goes through a number of processes seeking an
opening price at which the greatest number of contracts will trade. The
Opening Process also includes the routing of orders to away markets in
situations where the Exchange cannot execute all contracts at its
opening price.\6\ If the System opens with an opening transaction after
conducting the Imbalance Process as set forth in Exchange Rule
503(f)(2)(vii), any unexecuted contracts from the imbalance not traded
or routed will be cancelled back to the entering Member if the price
for those contracts crosses the opening price, unless the Member that
submitted the original order has instructed the Exchange in writing to
re-enter the remaining size, in which case the remaining size will be
automatically submitted as a new order.\7\
---------------------------------------------------------------------------

    \6\ See Exchange Rule 503(f)(2)(vii)(B).
    \7\ Id.
---------------------------------------------------------------------------

    If, however, there is no opening transaction and instead the
Exchange opens by disseminating the Exchange's best bid and offer among
quotes and orders that exist in the System at that time,\8\ non-
routable orders then in the System that cross the ABBO will be
cancelled and therefore, because they are cancelled, are not included
in the Managed Interest Process.
---------------------------------------------------------------------------

    \8\ See supra note 5.
---------------------------------------------------------------------------

    Currently, the System executes orders at the opening that have
contingencies, including non-routable orders (DNR Orders) to the extent
possible. Non-routable orders are handled after the opening in
accordance with Rule 515.\9\ Specifically, such orders are submitted
into the Managed Interest Process, as described below, except when the
Exchange opens by disseminating quotations rather than executing
contracts. In this limited circumstance, non-routable orders (DNR
Orders) that cross the ABBO are not submitted to the Managed Interest
Process, and instead are cancelled.
---------------------------------------------------------------------------

    \9\ The System will execute orders at the opening that have
contingencies and nonroutable orders, such as a ``Do Not Route'' or
``DNR'' Orders to the extent possible. DNR orders together with
other nonroutable orders will be handled after the opening in
accordance with Rule 515. See Exchange Rule 503(f)(2)(vii)(B)(6).
---------------------------------------------------------------------------

Managed Interest Process
    The proposed amendment to Exchange Rule 515(c)(1)(ii) is intended
to codify existing functionality concerning the Exchange's Managed
Interest Process. The Managed Interest Process is a process for non-
routable orders during which, if the limit price locks or crosses the
current opposite side National Best Bid or Offer (``NBBO''), the System
will display the order one Minimum Price Variation (``MPV'') away from
the current opposite side NBBO, and book the order at an undisplayed
price that locks the current opposite side NBBO. Should the NBBO price
change to an inferior price level, the order's undisplayed price will
re-price to lock the new NBBO and the managed order's displayed price
will continue to re-price one MPV away from the new NBBO until (i) the
order has traded to and including its limit price, (ii) the order has
traded to and including its price protection limit at which any
remaining contracts are cancelled, (iii) the order is fully executed or
(iv) the order is cancelled.\10\
---------------------------------------------------------------------------

    \10\ See Exchange Rule 515(c)(1)(ii).
---------------------------------------------------------------------------

The Proposal
    The proposed rule change to Exchange Rule 503 concerning the
Opening Process is related to the Managed Interest Process in Exchange
Rule 515 because non-routable orders that are not executed at the
opening under certain circumstances are not included in the Managed
Interest Process and are instead cancelled by the System. Specifically,
the proposed rule change to Exchange Rule 503(f)(1) is intended to
clarify that, when the Exchange opens by disseminating quotations
rather than executing contracts after the Opening Process, non-routable
orders then in the System that cross the ABBO will be cancelled and are
not included in the Managed Interest Process, as described in Rule
515(c)(1)(ii)(B).
    Proposed Rule 503(f)(2)(vii)(B)5 [sic] would add language to
existing rule text to state clearly in the Exchange's rules that the
rule applies when there is an opening transaction. Specifically, if
there is an opening transaction, any unexecuted contracts from the
imbalance not traded or routed will be cancelled back to the entering
Member if the price for those contracts crosses the opening price,
unless the Member that submitted the original order has instructed the
Exchange in writing to re-enter the remaining size, in which case

the remaining size will be automatically submitted as a new order.
    Consistent with the proposed change to Exchange Rule 503(f)(1),
proposed Rule 515(c)(1)(ii)(B) would state specifically that, when the
System opens without an opening transaction, and instead opens by
disseminating the Exchange's best bid and offer among quotes and orders
that exist in the System at that time as described in Rule 503(f)(1),
non-routable orders then in the System that cross the ABBO will be
cancelled and are not included in the Managed Interest Process. This
proposed amendment addresses any perceived discrepancy between the rule
text description of how this process works and how it is actually
working in production, and provides consistency in the Exchange's rules
concerning the Opening Process and how that relates to the Managed
Interest Process.
    The Exchange believes that the codification of the cancellation of
non-routable orders that cross the ABBO when the System opens without
an opening transaction and instead opens by disseminating the
Exchange's best bid and offer among quotes and orders that exist in the
System at that time, reflects the Exchange's intention to further
protect investors that elect to submit non-routable orders. This
existing functionality is intended to enable participants that submit
non-routable orders that have been handled during the opening but not
executed to make informed decisions about such orders based upon
transparent market conditions (i.e., the ability to ascertain the
current prices on all markets) following the opening. Such participants
are able then to determine whether to re-submit their orders (with or
without a DNR designation) and whether to establish a different limit
price based on then-current market conditions. The Exchange believes
that the precise description of this existing functionality should be
included in the Exchange's rules in order to inform participants that
submit non-routable orders that there are additional opportunities to
re-determine and possibly modify the routing status and limit price of
their orders. The proposed rule change should assist participants in
making decisions concerning such opportunities by clarifying the
relationship between the Exchange's Opening Process and when non-
routable orders not executed when the Exchange opens by disseminating
its best bid and offer are not included in the Managed Interest
Process.
2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with
Section 6(b) of the Act \11\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \12\ 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 mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The existing functionality concerning the Opening Process and the
description of the circumstances where non-routable orders that are
handled during the Opening Process are not included in the Managed
Interest Process because they are cancelled. This functionality and
proposed codification of it as described herein removes impediments to
and perfects the mechanisms of a free and open market and a national
market system and, in general, protects investors and the public
interest, by giving participants that submit non-routable orders that
are not executed at the opening an opportunity to make decisions
concerning their orders based upon then-current market conditions,
which were unknown at the time they submitted their orders. Routable
orders that cross away markets are sent to such away markets for
execution when the Exchange cannot execute at the opening; non-routable
orders that cross away markets are not. Absent an execution, the
Exchange believes that participants that submitted non-routable orders
that are handled but not executed during the opening process should
have the opportunity to make further decisions regarding such orders
based upon current market conditions, and thus the System cancels such
orders and reports this to the affected participants. This benefits not
only MIAX participants but benefits the marketplace as a whole.
    The inclusion of the functionality of the System in the rules
promotes transparency and clarity in the Exchange's rules. The
transparency and accuracy resulting from the codification of this
functionality is consistent with the Act because it removes impediments
to and perfects the mechanism of a free and open market and a national
market system, and, in general, protects investors and the public
interest, by accurately describing the steps taken by the System in the
limited scenario when the Exchange opens by disseminating quotations
rather than executing contracts after the Opening Process, and non-
routable orders cross the NBBO.
    MIAX participants should have a better understanding of the
Exchange's Managed Interest Process in this limited circumstance. The
codification and clarification of the System's functionality is
designed to promote just and equitable principles of trade by providing
a clear and objective description to all participants of how opening
non-routable orders will be handled, and should assist investors in
making decisions concerning their non-routable orders.

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. Specifically, the Exchange
believes the proposed changes will not impose any burden on intra-
market competition because it applies to all MIAX participants equally.
In addition, the Exchange does not believe the proposal will impose any
burden on inter-market competition as the proposal is intended to
protect investors by providing further transparency regarding the
Exchange's Managed Interest Process in the limited scenario described
above.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6)
\14\ thereunder.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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.

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

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \15\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \16\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay. The
Exchange states that waiver of the operative delay would enable market
participants to benefit from the clarifying language regarding how the
Managed Interest Process operates without undue delay. For this reason,
the Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the operative delay and
designates the proposed rule change operative upon filing.\17\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change 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-MIAX-2016-03 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-MIAX-2016-03. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MIAX-2016-03 and should be
submitted on or before February 29, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-02334 Filed 2-5-16; 8:45 am]
BILLING CODE 8011-01-P