[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Notices]
[Pages 75608-75609]
[FR Doc No: 2014-29618]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73830; File No. SR-NYSEArca-2014-138]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Rule
6.62(k) To Disallow Market Orders From Being Eligible for Designation
as An Immediate-or-Cancel Order

December 12, 2014.
    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 December 2, 2014, 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 and II
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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.62(k) (Certain Types of
Orders Defined) to disallow Market Orders from being eligible for
designation as an Immediate-or-Cancel order (``IOC Order''). The text
of the proposed rule change is available on the Exchange's Web site 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 the
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 Rule 6.62(k) to disallow Market
Orders from being eligible for designation as an IOC Order.
    Per Rule 6.62(k), an IOC Order is defined as ``A Market or Limit
Order that is to be executed in whole or in part on the Exchange as
soon as such order is received, and the portion not so executed is to
be treated as canceled.'' Per Rule 6.62(a), ``[a] Market Order is an
order to buy or sell a stated number of option contracts and is to be
executed at the best price obtainable when the order reaches the
Exchange.'' Market participants entering a Market Order are instructing
the Exchange to execute their order in its entirety at the best price,
immediately upon arrival at the Exchange, subject to Trade Collar
Protection set forth in Rule 6.60(a).
    The Exchange believes that attaching the IOC time-in-force
condition to a Market Order is unnecessary because Market Orders, by
definition, are intended to be executed at the best price available at
the Exchange. In essence, except when subject to Trade Collar
Protection, a Market Order already operates similarly to an order with
an IOC time-in-force condition. To streamline the offerings of Exchange
order types, the Exchange therefore proposes to eliminate the ability
to designate a Market Orders [sic] as an IOC Order. The Exchange
believes the proposed change would assist with the maintenance of fair
and orderly markets because it would reduce the complexity of order
types available to market participants and would help clarify the
nature of order types available for trading on the Exchange.
Implementation
    The Exchange will announce the implementation date of this change
through a Trader Update.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \4\ of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5),\5\ 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, and to remove impediments to and perfect the mechanism of a
free and open market and a national market system. Specifically, the
Exchange believes the proposed change would assist with the maintenance
of fair and orderly markets because it would reduce the complexity of
order types available to market participants, thereby adding
transparency and clarity to the Exchange's rules, and would help
clarify the nature of order types available for trading on the
Exchange. The Exchange further believes that deleting the IOC time-in-
force modifier for Market Orders would also remove impediments to and
perfect the mechanism of a free and open market by ensuring that
members, regulators and the public can more easily navigate the
Exchange's rulebook and better understand the order types available for
trading on the Exchange. Moreover, the Exchange believes that the
elimination of the IOC time-in-force modifier for Market Orders would
simplify order processing and reduce the burden on system capacity,
which the Exchange believes is consistent with promoting just and
equitable principles of trade as well as protecting investors and the
public interest.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Specifically, the Exchange
believes that the proposed rule change would relieve a burden on
competition by eliminating an order type and streamlining the
Exchange's rule. In doing so, the proposed rule change would also serve
to promote regulatory clarity and consistency, thereby reducing burdens
on the marketplace and facilitating investor protection.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.\8\
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    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ 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.
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    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) \9\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \9\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSEArca-2014-138 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2014-138. 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 such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2014-138, and
should be submitted on or before January 8, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-29618 Filed 12-17-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Rules and Regulations]
[Pages 3146-3149]
[FR Doc No: 2017-00398]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1015; Directorate Identifier 2013-NE-37-AD;
Amendment 39-18768; AD 2017-01-01]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding airworthiness directive (AD) 2014-05-25 for
all Rolls-Royce plc (RR) RB211-Trent 970-84, RB211-Trent 970B-84,
RB211-Trent 972-84, RB211-Trent 972B-84, RB211-Trent 977-84, RB211-
Trent 977B-84, and RB211-Trent 980-84 turbofan engines. AD 2014-05-25
required inspections of the low-pressure turbine (LPT) exhaust case and
support assembly or tail bearing housing (TBH) to detect cracks or
damage. This AD modifies the inspection schedule for the affected
engines and adds an optional terminating action. This AD was prompted
by RR performing additional analysis of inspection results and
determining that the existing inspections need to be modified. We are
issuing this AD to correct the unsafe condition on these products.

DATES: This AD is effective January 26, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 26,
2017.
    We must receive any comments on this AD by February 27, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Rolls-Royce
plc, Corporate Communications, P.O. Box 31, Derby, England, DE24 8BJ;
phone: 011-44-1332-242424; fax: 011-44-1332-245418, or email: http://www.rolls-royce.com/contact/civil_team.jsp. You may view this service
information at the FAA, Engine & Propeller Directorate, 1200 District
Avenue, Burlington, MA 01803. 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-2013-1015.

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-2013-
1015; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the mandatory continuing airworthiness information,
regulatory evaluation, any comments received, and other information.
The address for the Docket Office (phone:<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Robert Green, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 1200
District Avenue, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-
238-7199; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2013-1015; Directorate Identifier 2013-NE-37-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Discussion

    On February 27, 2014, we issued AD 2014-05-25, Amendment 39-17798
(79 FR 15665, March 21, 2014), ``AD 2014-05-25,'' for all RR RB211-
Trent 970-84, RB211-Trent 970B-84, RB211-Trent 972-84, RB211-Trent
972B-84, RB211-Trent 977-84, RB211-Trent 977B-84, and RB211-Trent 980-
84 turbofan engines. AD 2014-05-25 required inspections of the LPT
exhaust case and support assembly or TBH to detect cracks or damage. AD
2014-05-25 resulted from an RR structural re-analysis indicating that
the TBH may not retain full limit load capability in all fail-safe
conditions. We issued AD 2014-05-25 to prevent failure of the

TBH, resulting in damage to the engine and to the airplane.

Actions Since AD 2014-05-25 Was Issued

    Since we issued AD 2014-05-25, RR has analyzed inspection results
and determined that the existing inspections need to be modified. Also
since we issued AD 2014-05-25, the European Aviation Safety Agency
(EASA) has issued AD 2016-0193, dated September 30, 2016, which
modifies the inspection schedule for the affected engines and adds an
optional terminating action.

Related Service Information Under 1 CFR Part 51

    RR has issued Alert Non-Modification Service Bulletin (NMSB)
RB.211-72-AG971, Revision 2, dated May 5, 2016; Alert NMSB RB.211-72-
AH154, Revision 5, dated May 5, 2016; Alert NMSB RB.211-72-AJ101, dated
May 5, 2016; and Service Bulletin (SB) RB.211-72-J055, dated March 22,
2016. RR Alert NMSB RB.211-72-AG971 describes procedures for on-wing or
in-shop inspection of the TBH mount lug run-outs. RR Alert NMSB RB.211-
72-AH154 describes procedures for an on-wing or in-shop inspection of a
pre-mod 72-J024 TBH. RR Alert NMSB RB.211-72-AJ101 describes procedures
for on-wing or in-shop inspection of a post-mod 72-J024 TBH. RR SB
RB.211-72-J055 describes procedures for modifying the engine by
introducing a revised TBH. 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.

Other Related Service Information

    RR has also issued Technical Variance (TV) No. 124801, Issue 2,
dated July 4, 2012; TV No. 124851, Issue 2, dated July 4, 2012;
Repeater TV No. 132043, Issue 1, dated March 25, 2013; and Repeater TV
No. 132217, Issue 5, dated May 23, 2013. RR TV No. 124801 and RR TV No.
124851 provide details on the fluorescent penetrant inspection of the
TBH mount lug run-outs. RR Repeater TV No. 132043 includes details of
the inspection of the mount lug forging LE areas. RR Repeater TV No.
132217 makes the removal and installation of the exhaust nozzle and
forward and aft exhaust plugs optional tasks.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD modifies the inspection schedule for the affected engines
and adds an optional terminating action.

FAA's Justification and Determination of the Effective Date

    No domestic operators use this product. Therefore, we find that
notice and opportunity for prior public comment are unnecessary and
that good cause exists for making this amendment effective in less than
30 days.

Costs of Compliance

    We estimate that this AD affects 0 engines installed on airplanes
of U.S. registry. We estimate the following costs to comply with this
AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                                  Labor cost                       Parts cost              Cost per  product              operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection of the TBH...........  8 work-hours x $85 per hour = $680..............              $0  $680 per inspection cycle...........              $0
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    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) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends part 39 of the Federal Aviation
Regulations (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)
2014-05-25, Amendment 39-17798 (79 FR 15665, March 21, 2014), and
adding the following new AD:

2017-01-01 Rolls-Royce plc: Amendment 39-18768; Docket No. FAA-2013-
1015; Directorate Identifier 2013-NE-37-AD.

(a) Effective Date

    This AD is effective January 26, 2017.

(b) Affected ADs

    This AD replaces AD 2014-05-25, Amendment 39-17798 (79 FR 15665,
March 21, 2014).

(c) Applicability

    This AD applies to all Rolls-Royce plc (RR) RB211-Trent 970-84,
RB211-Trent 970B-84, RB211-Trent 972-84, RB211-Trent 972B-84,

RB211-Trent 977-84, RB211-Trent 977B-84, and RB211-Trent 980-84
turbofan engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7200, Engine
(Turbine/Turboprop).

(e) Unsafe Condition

    This AD was prompted by RR performing additional analysis of
inspection results and determining that the existing inspections
need to be modified. We are issuing this AD to prevent failure of
the tail bearing housing (TBH), resulting in damage to the engine
and to the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Within the compliance times and using the service
information specified in Table 1 to paragraph (f) of this AD,
accomplish on-wing inspections of the TBH features using the
following instructions, as applicable.
    (i) If during any on-wing inspection of the TBH mount lug run-
outs done using the Accomplishment Instructions, paragraph 3.A.(1),
of RR Alert Non-Modification Service Bulletin (NMSB) RB.211-72-
AG971, Revision 2, dated May 5, 2016, any cracks less than or equal
to 2 mm in length are found, remove the engine from service within
10 flight cycles (FCs). If any cracks greater than 2 mm are found,
remove the engine from service before further flight.
    (ii) If during any on-wing inspection of the TBH mount lug run-
outs done using the Accomplishment Instructions, paragraph 3.A.(2),
of RR Alert NMSB RB.211-72-AG971, Revision 2, dated May 5, 2016, any
crack indications resulting in an inspection signal with an
amplitude of 50% full screen height or more are found, remove the
engine from service before further flight.
    (iii) If during any on-wing inspection of a pre-mod 72-J024 TBH,
any crack or damage is found on the TBH mount lug forging leading
edge (LE) areas, re-inspect the engine or remove the engine from
service in accordance with the Accomplishment Instructions,
paragraph 3.A.(3)(t), of RR Alert NMSB RB.211-72-AH154, Revision 5,
dated May 5, 2016.
    (iv) If during any on-wing inspection of a post-mod 72-J024 TBH,
any crack is found on the TBH mount lug forging LE or cutback areas,
re-inspect the engine or remove the engine from service in
accordance with the Accomplishment Instructions, paragraph
3.A.(3)(t), of RR Alert NMSB RB.211-72-AJ101, dated May 5, 2016.
    (2) Within the compliance times and using the service
information specified in Table 2 to paragraph (f) of this AD, peform
in-shop inspections of the TBH features using the following
instructions, as applicable.
    (i) If during any in-shop inspection of the TBH, any crack is
found on the TBH mount lug or central male catcher run-outs, replace
the TBH with a TBH eligible for installation before the engine is
returned to service.
    (ii) If during any in-shop inspection of the TBH, any crack is
found on the top core vanes, reject as unserviceable or repair the
TBH in accordance with the Accomplishment Instructions, paragraph
3.C.(1)(f), of RR Alert NMSB RB.211-72-AG971 Revision 2, dated May
5, 2016, before the engine is returned to service.
    (iii) If during any in-shop inspection of a pre-mod 72-J024 TBH,
any crack or damage is found on the TBH mount lug forging LE areas,
reject as unserviceable or repair the TBH in accordance with the
Accomplishment Instructions, paragraph 3.B.(2)(u)(ii), of RR Alert
NMSB RB.211-72-AH154, Revision 5, dated May 5, 2016, or the
Accomplishment Instructions, paragraph 3.C.(1)(f), of RR Alert NMSB
RB.211-72-AG971, Revision 2, dated May 5, 2016, before the engine is
returned to service.
    (iv) If during any in-shop inspection of a post-mod 72-J024 TBH,
any crack is found on the TBH mount lug forging LE or cutback areas,
repair the TBH in accordance with the Accomplishment Instructions,
paragraph 3.B.(2)(u)(ii), of RR Alert NMSB RB.211-72-AJ101, dated
May 5, 2016, or the Accomplishment Instructions, paragraph
3.C.(1)(f), of Alert NMSB RB.211-72-AG971, Revision 2, dated May 5,
2016, before the engine is returned to service.

                                Table 1 to Paragraph (f)--TBH On-Wing Inspections
----------------------------------------------------------------------------------------------------------------
                                                       Alternate NMSB
                                 Applicable NMSB        instructions            Initial        Repeat inspection
 Affected TBH P/N and feature     and paragragph    acceptable for prior       inspection      interval (not to
                                                         compliance                                 exceed)
----------------------------------------------------------------------------------------------------------------
All--Mount Lug Run-outs.......  RB.211-72-AG971    In-shop: RB.211-72-     Before exceeding   2,200 FCs.
                                 Revision 2,        AG971 Revision 2,       2,200 FCs since
                                 Paragraph 3.A.     Paragraph 3.B or 3.C.   new.
Pre-mod 72-J024 TBH--Mount Lug  RB.211-72-AH154,   In-shop: RB.211-72-     Before exceeding   1,000 FCs.
 Forging LE Areas--for a TBH     Revision 5,        AH154, Revision 5,      1,000 FCs since
 that has not exceeded 900 FCs   Paragraph 3.A.     Paragraph 3.B., or      new.
 since new on April 7, 2014.                        RB.211[dash]72-AG971
                                                    Revision 2, Paragraph
                                                    3.C.
Pre-mod 72-J024 TBH--Mount Lug  RB.211-72-AH154,   In-shop: RB.211-72-     Within 100 FCs     1,000 FCs.
 Forging LE Areas--for a TBH     Revision 5,        AH154, Revision 5,      after April 7,
 that has exceeded 900 FCs       Paragraph 3.A.     Paragraph 3.B., or      2014.
 since new on April 7, 2014.                        RB.211[dash]72-AG971
                                                    Revision 2, Paragraph
                                                    3.C.
Post-mod 72-J024 TBH--Mount     RB.211-72-AJ101,   In-shop: RB.211-72-     Before exceeding   1,000 FCs.
 Lug Forging LE and Cutback      Paragraph 3.A.     AG971, Revison 2,       1,000 FCs since
 Areas.                                             Paragraph 3.C, or       NMSB
                                                    RB.211-72-AJ101,        RB.211[dash]72[d
                                                    Paragraph 3.B.          ash]J024
                                                                            embodiment.
----------------------------------------------------------------------------------------------------------------

                                Table 2 to Paragraph (f)--TBH In-Shop Inspections
----------------------------------------------------------------------------------------------------------------
                                                       Alternate NMSB
                                 Applicable NMSB        instructions            Initial        Repeat inspection
 Affected TBH P/N and feature     and paragraph     acceptable for prior       inspection      interval (not to
                                                         compliance                                 exceed)
----------------------------------------------------------------------------------------------------------------
All--Mount Lug Run-outs.......  RB.211-72-AG971,   On-wing: RB.211-72-     Before exceeding   2,200 FCs.
                                 Revision 2,        AG971 Rev 2,            2,200 flight FCs
                                 Paragraph 3.       Paragraph 3.A., or In-  since new.
                                                    shop: RB.211-72-AG971
                                                    Revision 2, Paragraph
                                                    3.C.
All--Top Core Vanes and         RB.211-72-AG971,   None..................  Before exceeding   3.800 FCs.
 Central Male Catcher            Revision 2,                                3,800 FCs since
 Run[dash]outs.                  Paragraph 3.C.                             new.

Pre-mod 72-J024 TBH--Mount Lug  RB.211-72-AH154,   On-wing: RB.211-72-     Before exceeding   1,000 FCs.
 Forging LE Areas--for a TBH     Revision 5,        AH154, Revision 5,      1,000 FCs since
 which has not exceeded 900      Paragraph 3.B.     Section 3.A, or In-     new.
 FCs since new on April 7,                          shop: RB.211-72-
 2014.                                              AG971, Revision 2,
                                                    Paragraph 3.C.
Pre-mod 72-J024 TBH--Mount Lug  RB.211-72-AJ101,   On-wing: RB.211-72-     Within 100 FCs     1,000 FCs.
 Forging LE Areas--for a TBH     Paragraph 3.B.     AH154 Rev 5, Section    after the
 which has exceeded 900 FCs                         3.A, or In[dash]shop:   effective date
 since new on April 7, 2014.                        RB.211-72-AG971,        of this AD.
                                                    Revision 2, Paragraph
                                                    3.C.
Post-mod 72-J024 TBH--Mount     RB.211-72-AJ101,   On-wing: RB.211-72-     Before exceeding   1,000 FCs.
 Lug Forging LE and Cutback      Paragraph 3.B.     AJ101, Section 3.A,     1,000 FCs since
 Areas.                                             or In-shop: RB.211-72-  NMSB
                                                    AG971 Rev 2,            RB.211[dash]72-J
                                                    Paragraph 3.C.          024 embodiment.
----------------------------------------------------------------------------------------------------------------

(g) Credit For Previous Actions

    (1) If you performed inspections and corrective actions on an
engine before the effective date of this AD, in accordance with
earlier versions of RR Alert NMSB RB.211-72-AG971, Revision 2, dated
May 5, 2016, or RR Alert NMSB RB.211-72-AH154, Revision 5, dated May
5, 2016, you met the requirements of paragraph (f)(1) or (2) of this
AD, as applicable.
    (2) If, on or before April 7, 2014, you performed the
inspections and corrective actions required by paragraphs (f)(1) and
(2) of this AD using RR Technical Variance (TV) No. 124801, Issue 2,
dated July 4, 2012 or earlier versions; or RR TV No. 124851, Issue
2, dated July 4, 2012 or earlier versions; you met the requirements
for a mount lug run-out inspection.
    (3) If, on or before April 7, 2014, you performed the
inspections and corrective actions required by paragraphs (f)(1) and
(2) of this AD using RR Repeater TV No. 132043, Issue 1, dated March
25, 2013 or earlier versions; or using RR Repeater TV No. 132217,
Issue 5, dated May 23, 2013 or earlier versions; you met the
requirements for the mount lug forging LE inspections of this AD.

(h) Optional Terminating Action

    (1) Accomplishment of corrective actions required by paragraphs
(f)(1) and (2) of this AD does not constitute terminating action for
the repetitive inspections required by this AD.
    (2) Modification of an engine in accordance with the
instructions of RR SB RB.211-72-J055, dated March 22, 2016,
constitutes terminating action for the repetitive inspections
required by paragraphs (f)(1) and (2) of this AD for that engine,
provided that, following this modification, no affected TBH is
installed on that engine.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(j) Related Information

    (1) For more information about this AD, contact Robert Green,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2016-0193,
dated September 30, 2016, for more information. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2013-1015.
    (3) RR TV No. 124801, Issue 2, dated July 4, 2012; RR TV No.
124851, Issue 2, dated July 4, 2012, Repeater TV No. 132043, Issue
1, dated March 25, 2013, and Repeater TV No. 132217, Issue 5, dated
May 23, 2013; which are not incorporated by reference in this AD,
can be obtained from RR using the contact information in paragraph
(k)(3) of this AD.

(k) 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 the AD specifies otherwise.
    (i) Rolls-Royce plc (RR) Service Bulletin RB.211-72-J055, dated
March 22, 2016.
    (ii) RR Alert Non-Modification Service Bulletin (NMSB) RB.211-
72-AJ101, dated May 5, 2016;
    (iii) RR Alert NMSB RB.211-72-AG971, Revision 2, dated May 5,
2016; and
    (iv) RR Alert NMSB RB.211-72-AH154, Revision 5, dated May 5,
2016.
    (3) For RR service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby,
England, DE24 8BJ; phone: 011-44-1332-242424; fax: 011-44-1332-
245418, or email: http://www.rolls-royce.com/contact/civil_team.jsp.
    (4) You may view this service information at FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA 01803.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information 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 Burlington, Massachusetts, on December 22, 2016.
Colleen M. D'Alessandro,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2017-00398 Filed 1-10-17; 8:45 am]
 BILLING CODE 4910-13-P


From:	Rick Leiby<EMAIL_ADDRESS>Sent:	Friday, August 30, 2013 4:21 PM
To:	Page, Steve
Cc:	Tsirigotis, Peter; French, Chuck; Topham, Nathan; 'Rick Leiby'; 'Troy Greiss
(trgreiss@dekabatteries.com)'; ''Scott Hauser'
(shauser@dekabatteries.com)'; ''Eric Peffel' (epeffel@dekabatteries.com)';
''Ron Harding' (rharding@ALL4INC.COM)'; ''Roy Rakiewicz'
(rrakiewicz@ALL4INC.COM)'; 'Steinwurtzel, Robert N.'; 'DeLaquil, Mark'
Subject:	Follow up to OAQPS Alternative standards petition
Attachments:	EAST PENN - OAQPS follow up letter.doc

Dear Mr. Page:
Attached please find a letter regarding East Penn's Alternative Standards
Petition.
Best regards,

R. A. Leiby, Jr.
Vice President, Metals Operations
East Penn mfg. co., inc.
610-682-6361


[Federal Register: November 14, 2008 (Volume 73, Number 221)]
[Notices]
[Page 67536]
[DOCID:fr14no08-107]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2007-0008]

National Advisory Council Meeting

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of the National Advisory Committee meeting.

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

SUMMARY: This notice announces the date, time, location, and agenda for
the next meeting of the National Advisory Council (NAC). At the
meeting, the subcommittees will be reporting back regarding their work
since the August 13-14, 2008 meeting. This meeting will be open to the
public.

DATES: Meeting Dates: Wednesday, December 10, 2008, from approximately
9:45 a.m. to 5 p.m. and Thursday, December 11, 2008, 8:30 a.m. to 3:30
p.m. A public comment period will take place on the afternoon of
December 11, 2008, between approximately 2:30 p.m. and 3 p.m.
    Comment Date: Written comments or requests to make oral
presentations must be received by December 1, 2008.

ADDRESSES: The meeting will be held at The Fairmont Hotel, 1717 North
Akard Street, Dallas, Texas 75201. Persons wishing to make an oral
presentation, or who are unable to attend or speak at the meeting, may
submit written comments. Written comments and requests to make oral
presentations at the meeting should be provided to the address listed
in the FOR FURTHER INFORMATION CONTACT section and must be received by
December 1, 2008. All submissions received must include the Docket ID
FEMA-2007-0008 and may be submitted by any one of the following
methods:
    Federal Rulemaking Portal: http://www.regulations.gov. Follow
instructions for submitting comments on the Web site.
    E-mail<EMAIL_ADDRESS>Include Docket ID FEMA-2007-0008 in the
subject line of the message.
    Facsimile:<PHONE_NUMBER>.
    Mail: Office of Chief Counsel, Federal Emergency Management Agency,
Room 835, 500 C Street, SW., Washington, DC 20472.
    Hand Delivery/Courier: Office of the Chief Counsel, Federal
Emergency Management Agency, Room 835, 500 C Street, SW., Washington,
DC 20472.
    Instructions: All submissions received must include the Docket ID
FEMA-2007-0008. Comments received will also be posted without
alteration at http://www.regulations.gov, including any personal
information provided.
    Docket: For access to the docket to read background documents or
comments received by the National Advisory Council, go to http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Alyson Price, Designated Federal
Officer, Federal Emergency Management Agency, 500 C Street, SW., (Room
718), Washington, DC 20472, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>,
and e-mail<EMAIL_ADDRESS>or<EMAIL_ADDRESS>The NAC's
Web site is located at: http://www.fema.gov/about/nac/.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act (FACA), Public Law 92-463, as amended (5
U.S.C. App. 1 et seq.). The National Advisory Council (NAC) will meet
for the purpose of reviewing the progress and/or potential
recommendations of the following NAC subcommittees: Stafford Act,
National Response Framework, National Incident Management System, Post-
Disaster Housing, Special Needs, and Public/Private Partnerships. The
council will receive an update on the Regional Advisory Councils,
transition issues, and other matters.
    Public Attendance: The meeting is open to the public. Please note
that the meeting may close early if all business is finished. Persons
with disabilities who require special assistance should advise the
Designated Federal Officer of their anticipated special needs as early
as possible. Members of the public who wish to make comments on
Thursday, December 11, 2008 between 2:30 p.m. and 3 p.m. are requested
to register in advance, and must be present and seated by 1:30 p.m. In
order to allow as many people as possible to speak, speakers are
requested to limit their remarks to 3 minutes. For those wishing to
submit written comments, please follow the procedure noted above.

    Dated: November 3, 2008.
Harvey E. Johnson, Jr.,
Deputy Administrator, Federal Emergency Management Agency.
 [FR Doc. E8-27040 Filed 11-13-08; 8:45 am]

BILLING CODE 9111-48-P


[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Notices]
[Page 57149]
[FR Doc No: 2013-22520]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL13-83-000]

Midcontinent Independent System Operator, Inc.; Notice of
Initiation of Proceeding and Refund Effective Date

    On September 9, 2013, the Commission issued an order that initiated
a proceeding in Docket No. EL13-83-000, pursuant to section 206 of the
Federal Power Act (FPA), 16 U.S.C. 824e (2006), to determine the
justness and reasonableness of the proposed revisions to Schedules 7,
8, and 9 of Midcontinent Independent System Operator, Inc.'s existing
tariff. Prairie Power, Inc., et al., 144 FERC ] 61,193 (2013).
    The refund effective date in Docket No. EL13-83-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.

    Dated: September 10, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-22520 Filed 9-16-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4371-4372]
[FR Doc No: 2017-00648]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2016-1073]

Chemical Transportation Advisory Committee

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Notice of federal advisory committee meeting.

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

SUMMARY: The Chemical Transportation Advisory Committee will meet on
February 28, March 1, and March 2, 2017, in Houston, TX to discuss
committee matters relating to the safe and secure marine transportation
of hazardous materials. These meeting will be open to the public.

DATES: Chemical Transportation Advisory Committee subcommittees will
meet on Tuesday, February 28, 2017, from 9 a.m. to 5 p.m.; and on
Wednesday, March 1, 2017, from 9 a.m. to 5 p.m. The full Committee will
meet Thursday, March 2, 2017, from 9 a.m. to 5 p.m. Please note that
the meetings may close early if the Committee completes its business.

ADDRESSES: The meeting will be held at United States Coast Guard Sector
Houston-Galveston, 13411 Hilliard St., Houston, TX 77034, http://homeport.uscg.mil/houstongalveston.
    All visitors to Sector Houston-Galveston will have to pre-register
to be admitted to the building. U.S. citizens must provide your name,
telephone number, and email address by close of business on February
17, 2017, to the contact person listed in FOR FURTHER INFORMATION
CONTACT below. Non U.S. citizens must provide your name, date of birth,
place of birth, country of citizenship, passport country, passport
number, country of residence, company, telephone number, and email
address by January 27, 2017, to the contact person listed in FOR
FURTHER INFORMATION CONTACT below.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT as soon as
possible.
    Instructions: To facilitate public participation, written comments
on the issues to be considered by the Committee as listed in the
``Agenda'' section below must be submitted no later than Friday,
February 10, 2017, if you want the Committee members to review your
comment prior to the meeting. Written comments must be submitted using
Federal eRulemaking Portal: http://www.regulations.gov. You must
include the words ``Department of Homeland Security'' and the number
(USCG-2016-1073). Comments received will be posted without alteration
at http://www.regulations.gov, including any personal information
provided. You may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005 issue of the Federal
Register (70 FR 15086). If you encounter technical difficulties with
comment submission, contact the individual in the FOR FURTHER
INFORMATION CONTACT section of this notice.
    Docket Search: For access to the docket to read documents or
comments related to this notice, go to http://www.regulations.gov, type
``USCG-2016-1073'' in the ``Search'' box, press Enter, and then click
on the item you wish to view.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Julie
Blanchfield, Alternate Designated Federal Official of the Chemical
Transportation Advisory Committee, 2703 Martin Luther King Jr. Ave.
SE., Stop 7509, Washington, DC 20593-7509, Telephone<PHONE_NUMBER>, Fax
202-372-8380, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice of this meeting is in compliance with
the Federal Advisory Committee Act, (Title 5, United States Code
Appendix).
    The Chemical Transportation Advisory Committee is an advisory
Committee authorized under section 871 of the Homeland Security Act of
2002, 6 United States Code 451, and is chartered under the provisions
of the Federal Advisory Committee Act. The Committee acts solely in an
advisory capacity to the Secretary of the Department of Homeland
Security through the Commandant of the Coast Guard and the Deputy
Commandant for Operations on matters relating to safe and secure marine
transportation of hazardous materials activities insofar as they relate
to matters within the United States Coast Guard's jurisdiction. The
Committee advises, consults with, and makes recommendations reflecting
its independent judgment to the Secretary.

Agendas of Meetings

Subcommittee Meetings on February 28 and March 1, 2017

    The subcommittee meetings will separately address the following
tasks:
    1. Task Statement 13-03: Safety Standards for the Design of Vessels
Carrying Natural Gas or Using Natural Gas as Fuel.
    2. Task Statement 15-01: Marine Vapor Control System Certifying
Entities Guidelines update and Vapor Control System Policy Letter to
supplement the implementation of the final rule.
    3. Task Statement 16-01: Hazardous Cargo Transportation Security
Subcommittee.
    The task statements from the last Committee meeting are located at
Homeport at the following address: http://homeport.uscg.mil/ctac. The
agenda for each subcommittee meeting will include the following:
    1. Review task statements, which are listed in paragraph (7) of the
agenda for the March 2, 2017, Committee meeting.
    2. Work on tasks assigned in task statements mentioned above.
    3. Public comment period.
    4. Discuss and prepare proposed recommendations for the Chemical
Transportation Advisory Committee meeting on March 2, 2017, on tasks
assigned in detailed task statements mentioned above.

Full Committee Meeting on March 2, 2017

    The agenda for the Chemical Transportation Committee meeting on
Thursday, March 2, 2017, is as follows:
    1. Introductions and opening remarks.
    2. Swear in newly appointed Committee members, and thank outgoing
members.
    3. Thank you letter presentation for the Ships Carrying Bulk
Liquid, Liquefied Gas, or Compressed Gas Hazardous Materials (46 CFR
153) Subcommittee.
    4. Review of September 29, 2016, meeting minutes and status of task
items.
    5. Coast Guard Leadership Remarks.
    6. Chairman's and Designated Federal Officer's remarks.
    7. Committee will review, discuss, and formulate recommendations on
the following items:
    a. Task Statement 13-03: Safety Standards for the Design of Vessels
Carrying Natural Gas or Using Natural Gas as Fuel.
    b. Task Statement 15-01: Marine Vapor Control System (Certifying

Entities Guidelines update and vapor control System supplementary
guidance for the implementation of the final rule).
    c. Task Statement 16-01: Hazardous Cargo Transportation Security
Subcommittee.
    8. USCG presentations on the following items of interest:
    a. Update on International Maritime Organization activities as they
relate to the marine transportation of hazardous materials.
    b. Update on U.S. regulations and policy initiatives as they relate
to the marine transportation of hazardous materials.
    c. Update on the Chemical Data Guide.
    9. Presentation on lessons learned from a lightning strike on a
methanol operation.
    10. New business and subcommittee recommendation discussion.
    11. Set next meeting date and location.
    12. Set subcommittee meeting schedule.
    13. Public comment period.
    Public comments or questions will be taken throughout the meeting
as the Committee discusses the issues and prior to deliberations and
voting. There will also be a public comment period at the end of the
meeting. Speakers are requested to limit their comments to 3 minutes.
Please note that the public comment period may end before the period
allotted, following the last call for comments. Contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section above to register
as a speaker.

    Dated: January 9, 2017.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2017-00648 Filed 1-12-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: April 13, 2010 (Volume 75, Number 70)]
[Notices]
[Page 18929-18931]
[DOCID:fr13ap10-101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61848; File No. SR-NYSE-2010-31]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC
Amending Rule 70 in Order To Update Functionality Relating to the Entry
of D-Quotes and Pegging E-Quotes

April 6, 2010.
    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 April 1, 2010, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the 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 Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 70 in order to update
functionality relating to the entry of d-Quotes and pegging e-Quotes.
The text of the proposed rule change is available at the Exchange, on
the Commission's Web site at http://www.sec.gov, the

Commission's Public Reference Room, and http://www.nyse.com.

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

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

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

1. Purpose
    The Exchange proposes to amend its rules to provide that d-Quotes
and pegging e-Quotes that are entered 10 seconds or less before the
scheduled close will automatically be rejected by Exchange systems.
Accordingly, on a regular trading day, Exchange systems will reject d-
Quotes or pegging e-Quotes entered at or after 3:59:50 p.m. On days
where trading closes at 1 p.m., e.g., the day after Thanksgiving,
Exchange systems will reject d-Quotes or pegging e-Quotes eligible for
the close entered at or after 12:59:50 p.m.\4\
---------------------------------------------------------------------------

    \4\ NYSE Amex LLC has filed a companion rule proposal to conform
its equities rules to the changes proposed in this filing. See SR-
NYSEAmex-2010-34.
---------------------------------------------------------------------------

    The Exchange believes that the 10 second cut-off will contribute to
a more orderly closing process, by providing an opportunity for contra-
side interest, including the new Closing Offset (``CO'') order, to flow
into the Exchange market. This proposed change is consistent with the
Exchange's ongoing effort to streamline the closing process and enhance
transparency at the close. In light of recent enhancements to the
imbalance feed information, the Exchange believes that designating a
cut-off time before the close for the entry of d-Quotes and pegging e-
Quotes will contribute to these objectives.
    Currently, d-Quotes and pegging e-Quotes are added to the pre-close
data feed beginning at 3:55 p.m., and updated every five seconds until
the close. The Exchange believes that a 10 second cut-off prior to the
close for entry of d-Quotes and pegging e-Quotes will provide
sufficient time for all market participants to electronically recognize
and respond to this information by entering offsetting interest to
mitigate market impact, by entering limit orders or the new CO
order.\5\ The Exchange further believes that the 10-second cut off will
not materially impact a Floor broker's ability to represent customer
interest in the closing transaction because, like other market
participants, Floor brokers can enter offsetting market-on-close or
limit-on-close orders or CO orders in that 10-second period. Floor
brokers also continue to have the ability to represent interest orally
at the close. However, the Exchange believes that the proposed cut-off
period will have minimal impact on current trading practices of Floor
brokers because the manual entry process for d-Quotes in the handheld
devices creates physical constraints that naturally limit the number of
d-Quotes that can be sent in the last 10 seconds. Therefore, the cut-
off time should not impose a significant limitation on Floor brokers
that is not already present because of the manual aspect of d-Quote
entry. The proposed change is also consistent with ongoing regulatory
guidance that encourages all market participants, including Floor
brokers, to avoid holding back large interest until at or near the
close.\6\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release Nos. 61233 (Dec. 23,
2009), 74 FR 69169 (Dec. 30, 2009) (SR-NYSE-2009-111); 61244 (Dec.
28, 2009), 75 FR 4797 [sic] (Jan. 5, 2010) (SR-NYSEAmex-2009-81).
The Exchange implemented these rule changes for both NYSE and NYSE
Amex Equities on March 1, 2010.
    \6\ See e.g., NYSE Regulation Information Memo 09-29 (June 19,
2009), published at http://www.nyse.com.
---------------------------------------------------------------------------

    To effect this change, the Exchange proposes to amend Rules
70.25(a)(ii) and 70.26(iii) to provide that Exchange systems will
reject d-Quotes or pegging e-Quotes, as applicable, that are entered 10
seconds or less before the scheduled close. The Exchange also proposes
to add to Rule 70(h)(i) to cross reference Supplementary Material .25
and .26 of Rule 70 to reflect that those rules also impact how Floor
broker agency interest interacts in the closing process. The Exchange
notes that any d-Quotes or pegging e-Quotes eligible for the close that
were entered before this proposed cut-off time remain eligible to
participate in the close. The Exchange will notify members and member
organizations, including Floor brokers, of these rule changes and the
date they will be implemented by issuing a Trader Notice and/or
publication of an Information Memorandum.
2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act,\7\ which requires the rules of an exchange to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system
and, in general, to protect investors and the public interest. The
proposed rule change also is designed to support the principles of
Section 11A(a)(1) \8\ of the Act in that it seeks to assure fair
competition among brokers and dealers and among exchange markets and
the practicability of brokers executing investor's orders in the best
market. The Exchange believes that the proposed updates to Floor broker
functionality meet such goals as it will contribute to a more orderly
closing process, by providing an opportunity for contra-side interest
to flow into the Exchange market.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) Impose any significant burden on competition; and
    (iii) Become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, if
consistent with the protection of investors and the public interest, it
has become effective pursuant to Section 19(b)(3)(A) of the Act \9\ and
Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the

Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2010-31 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2010-31. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSE-2010-31 and should be submitted on or before May 4, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-8363 Filed 4-12-10; 8:45 am]
BILLING CODE 8011-01-P