[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Notices]
[Pages 47947-47949]
[FR Doc No: 2018-20548]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84168; File No. SR-BOX-2018-24]

Self-Regulatory Organizations; BOX Options Exchange LLC;
Suspension of and Order Instituting Proceedings To Determine Whether To
Approve or Disapprove a Proposed Rule Change To Amend the Fee Schedule
on the BOX Market LLC Options Facility To Establish BOX Connectivity
Fees for Participants and Non-Participants Who Connect to the BOX
Network

September 17, 2018.

I. Introduction

    On July 19, 2018, BOX Options Exchange LLC (``BOX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change (File No. SR-BOX-2018-24) to amend the BOX fee
schedule to establish certain connectivity fees and reclassify its high
speed vendor feed (``HSVF'') connection as a port fee. The proposed
rule change was immediately effective upon filing with the Commission
pursuant to Section 19(b)(3)(A) of the Act.\3\ The proposed rule change
was published for comment in the Federal Register on August 2, 2018.\4\
The Commission has received one comment letter on the proposal \5\ and
one response letter from the Exchange.\6\ Under Section 19(b)(3)(C) of
the Act,\7\ the Commission is hereby: (i) Temporarily suspending the
proposed rule change; and (ii) instituting proceedings to determine
whether to approve or disapprove the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ See Securities Exchange Act Release No. 83728 (July 27,
2018), 83 FR 37853 (``Notice'').
    \5\ See Letter from Tyler Gellasch, Executive Director, The
Healthy Markets Association, to Brent J. Fields, Secretary,
Commission, dated August 23, 2018 (``Healthy Markets Letter'').
    \6\ See Letter from Lisa J. Fall, President, BOX, to Brent J.
Fields, Secretary, Commission, dated September 12, 2018 (``BOX
Response Letter'').
    \7\ 15 U.S.C. 78s(b)(3)(C).
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II. Description of the Proposed Rule Change

    The Exchange proposes to amend its fee schedule to establish
connectivity fees for Participants \8\ and non-Participants who connect
to the BOX network. Specifically, the Exchange proposes to charge
Participants and non-Participants with 10 Gigabit connections a monthly
fee of $5,000 per connection, and Participants and non-Participants
with non-10 Gigabit connections a monthly fee of $1,000 per connection.
The Exchange would charge the applicable connectivity fee for each
calendar month to any Participant or non-Participant connected as of
the last trading day of that month.
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    \8\ A participant is defined under BOX Rule 100(a)(41) as a firm
or organization that is registered with the Exchange pursuant to the
BOX Rule 2000 Series for purposes of participating in trading on a
facility of the Exchange (``Participant'').
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    The Exchange also proposes to amend its fee schedule to reclassify
the HSVF connection as a port fee and to state that subscribers must be
credentialed by the Exchange to receive the HSVF. According to the
Exchange, the HSVF subscription is not dependent on a physical
connection to the Exchange, and thus is a port and not a physical
connectivity option.\9\ The amount of the HSVF fee would remain
unchanged, and the Exchange would continue to assess an HSVF port fee
of $1,500 per month for each month a Participant or non-Participant is
credentialed to use the HSVF port.
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    \9\ See Notice, supra note 4, at 37853.
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III. Suspension of the Proposed Rule Change

    Pursuant to Section 19(b)(3)(C) of the Act,\10\ at any time within
60 days of the date of filing of a proposed rule change pursuant to
Section 19(b)(1) of the Act,\11\ the Commission summarily may
temporarily suspend the change in the rules of a self-regulatory
organization (``SRO'') 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.
As discussed below, the Commission believes a temporary suspension of
the proposed rule change is necessary and appropriate to allow for
additional analysis of the proposed rule change's consistency with the
Act and the rules thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(C).
    \11\ 15 U.S.C. 78s(b)(1).
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    As noted above, the Commission received one comment letter on the

proposal \12\ and one response letter from the Exchange.\13\ The
commenter argues that the Exchange did not provide sufficient
information in its filing to support a finding that the proposal is
consistent with the Act.\14\ Specifically, the commenter objects to the
Exchange's reliance on the fees of other exchanges to demonstrate that
its fee increases are consistent with the Act. In addition, the
commenter argues that the Exchange did not offer any details to support
its basis for asserting that the proposed fees are consistent with the
Act.\15\ The commenter further argues that the requirement that
Participants or non-Participants be credentialed to use the HSVF port,
added in connection with the redesignation of the HSVF fee, appears to
discriminate between market participants.\16\ In its response letter,
the Exchange rejects the commenter's suggestion that the Exchange
should be required to provide additional information to support its
belief that the proposed rule change is consistent with the Act. In
addition, the Exchange argues that additional review, as requested by
the commenter, is unnecessary because the Exchange submitted its
proposal as an immediately effective rule change under the Act.\17\
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    \12\ See Healthy Markets Letter, supra note 5.
    \13\ See BOX Response Letter, supra note 6.
    \14\ See Healthy Markets Letter, supra note 5, at 4-5.
    \15\ See id. at 5-6, 10.
    \16\ See id. at 4.
    \17\ See BOX Response Letter, supra note 6, at 1.
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    When exchanges file their proposed rule changes with the
Commission, including fee filings like the Exchange's present proposal,
they are required to provide a statement supporting the proposal's
basis under the Act and the rules and regulations thereunder applicable
to the exchange.\18\ The instructions to Form 19b-4, on which exchanges
file their proposed rule changes, specify that such statement ``should
be sufficiently detailed and specific to support a finding that the
proposed rule change is consistent with [those] requirements.'' \19\
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    \18\ See 17 CFR 240.19b-4 (Item 3 entitled ``Self-Regulatory
Organization's Statement of the Purpose of, and Statutory Basis for,
the Proposed Rule Change'').
    \19\ See id.
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    Among other things, exchange proposed rule changes are subject to
Section 6 of the Act, including Sections 6(b)(4), (5), and (8), which
requires the rules of an exchange to: (1) Provide for the equitable
allocation of reasonable fees among members, issuers, and other persons
using the exchange's facilities; \20\ (2) perfect the mechanism of a
free and open market and a national market system, protect investors
and the public interest, and not be designed to permit unfair
discrimination between customers, issuers, brokers, or dealers; \21\
and (3) not impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act.\22\
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    \20\ 15 U.S.C. 78f(b)(4).
    \21\ 15 U.S.C. 78f(b)(5).
    \22\ 15 U.S.C. 78f(b)(8).
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    In temporarily suspending the Exchange's fee change, the Commission
intends to further consider whether assessing the proposed fees to
connect to the Exchange is consistent with the statutory requirements
applicable to a national securities exchange under the Act. In
particular, the Commission will consider whether the proposed rule
change satisfies the standards under the Act and the rules thereunder
requiring, among other things, that an exchange's rules provide for the
equitable allocation of reasonable fees among members, issuers, and
other persons using its facilities; not permit unfair discrimination
between customers, issuers, brokers or dealers; and do not impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.\23\
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    \23\ See 15 U.S.C. 78f(b)(4), (5), and (8), respectively.
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    Therefore, the Commission finds that it is appropriate in the
public interest, for the protection of investors, and otherwise in
furtherance of the purposes of the Act, to temporarily suspend the
proposed rule changes.\24\
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    \24\ For purposes of temporarily suspending the proposed rule
change, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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IV. Proceedings To Determine Whether To Approve or Disapprove the
Proposed Rule Change

    The Commission is instituting proceedings pursuant to Sections
19(b)(3)(C) \25\ and 19(b)(2)(B) of the Act \26\ to determine whether
the proposed rule change should be approved or disapproved. Institution
of proceedings does not indicate that the Commission has reached any
conclusions with respect to any of the issues involved. Rather, the
Commission seeks and encourages interested persons to provide
additional comment on the proposed rule change to inform the
Commission's analysis of whether to disapprove the proposed rule
change.
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    \25\ 15 U.S.C. 78s(b)(3)(C). Once the Commission temporarily
suspends a proposed rule change, Section 19(b)(3)(C) of the Act
requires that the Commission institute proceedings under Section
19(b)(2)(B) to determine whether a proposed rule change should be
approved or disapproved.
    \26\ 15 U.S.C. 78s(b)(2)(B).
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    Pursuant to Section 19(b)(2)(B) of the Act,\27\ the Commission is
providing notice of the grounds for possible disapproval under
consideration:
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    \27\ 15 U.S.C. 78s(b)(2)(B).
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     Section 6(b)(4) of the Act, which requires that the rules
of a national securities exchange ``provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and issuers and other persons using its facilities,'' \28\
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    \28\ 15 U.S.C. 78f(b)(4).
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     Section 6(b)(5) of the Act, which requires, among other
things, that the rules of a national securities exchange be ``designed
to perfect the operation of a free and open market and a national
market system'' and ``protect investors and the public interest,'' and
not be ``designed to permit unfair discrimination between customers,
issuers, brokers, or dealers,'' \29\ and
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    \29\ 15 U.S.C. 78f(b)(5).
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     Section 6(b)(8) of the Act, which requires that the rules
of a national securities exchange ``not impose any burden on
competition not necessary or appropriate in furtherance of the purposes
of [the Act].'' \30\
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    \30\ 15 U.S.C. 78f(b)(8).
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    As noted above, the proposal imposes new fees for physical
connections to the Exchange. The Exchange states that these fees would
allow the Exchange to recover costs associated with offering
connections.\31\ In addition, the Exchange believes that it does not
have market power necessary to set fees that would be inconsistent with
the Act.\32\ The commenter, among other concerns, asserts that the
Exchange has not offered sufficient detail to support that the proposed
fees are consistent with the Act and, in particular, whether the
proposed fees are reasonable.\33\
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    \31\ See Notice, supra note 4, at 37854.
    \32\ See id.
    \33\ See Healthy Markets Letter, supra note 5, at 5-6, 10.
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    Under the Commission's Rules of Practice, the ``burden to
demonstrate that a proposed rule change is consistent with the [Act]
and the rules and regulations issued thereunder . . . is on the [SRO]
that proposed the rule change.'' \34\ The description of a proposed
rule change, its purpose and operation, its effect, and a legal
analysis of its consistency with applicable requirements must all be
sufficiently detailed and specific to support an affirmative Commission
finding,\35\ and

any failure of an SRO to provide this information may result in the
Commission not having a sufficient basis to make an affirmative finding
that a proposed rule change is consistent with the Act and the
applicable rules and regulations.\36\
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    \34\ Rule 700(b)(3), Commission Rules of Practice, 17 CFR
201.700(b)(3).
    \35\ See id.
    \36\ See id.
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    The Commission is instituting proceedings to allow for additional
consideration and comment on the issues raised herein, including as to
whether the proposed fees are consistent with the Act, and
specifically, with its requirements that exchange fees be reasonable
and equitably allocated; be designed to perfect the mechanism of a free
and open market and the national market system, protect investors and
the public interest, and not be unfairly discriminatory; or not impose
an unnecessary or inappropriate burden on competition.\37\
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    \37\ See 15 U.S.C. 78f(b)(4), (5), and (8).
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V. Commission's Solicitation of Comments

    The Commission requests written views, data, and arguments with
respect to the concerns identified above as well as any other relevant
concerns. Such comments should be submitted by October 12, 2018.
Rebuttal comments should be submitted by October 26, 2018. Although
there do not appear to be any issues relevant to approval or
disapproval which would be facilitated by an oral presentation of
views, data, and arguments, the Commission will consider, pursuant to
Rule 19b-4, any request for an opportunity to make an oral
presentation.\38\
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    \38\ 15 U.S.C. 78s(b)(2). Section 19(b)(2) of the Act grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by an SRO. See Securities
Acts Amendments of 1975, Report of the Senate Committee on Banking,
Housing and Urban Affairs to Accompany S. 249, S. Rep. No. 75, 94th
Cong., 1st Sess. 30 (1975).
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    The Commission asks that commenters address the sufficiency and
merit of the Exchange's statements in support of the proposal, in
addition to any other comments they may wish to submit about the
proposed rule change.
    Interested persons are invited to submit written data, views, and
arguments concerning the proposed rule change, including whether the
proposed rule change is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-BOX-2018-24 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-BOX-2018-24. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-BOX-2018-24 and should be submitted on
or before October 12, 2018. Rebuttal comments should be submitted by
October 26, 2018.

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(3)(C) of the
Act,\39\ that File No. SR-BOX-2018-24 be and hereby is, temporarily
suspended. In addition, the Commission is instituting proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \39\ 15 U.S.C. 78s(b)(3)(C).
    \40\ 17 CFR 200.30-3(a)(57) and (58).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\40\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20548 Filed 9-20-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 144 (Wednesday, July 27, 2011)]
[Notices]
[Pages 44899-44900]
[FR Doc No: 2011-18918]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL11-50-000]

Astoria Generating Company, L.P and TC Ravenswood, LLC v. New
York Independent System Operator, Inc.; Notice of Complaint

    Take notice that on July 11, 2011, pursuant to sections 206 and 306
of the Federal Power Act (FPA) and Rule 206 of the Rules of Practice
and Procedure of the Federal Energy Regulatory Commission (Commission),
Astoria Generating Company, L.P. and TC Ravenswood, LLC (Complainants)
filed a formal complaint against New York Independent System Operator,
Inc. (NYISO or Respondent) alleging NYISO's improper application of its
buyer-side market power mitigation rules with respect to the new 575 MW
generating facility (the Astoria II Project) owned by Astoria Energy II
LLC, and potentially, other new facilities, including, but not limited
to, the approximately 512 MW generating facility (the Bayonne Project)
being developed by Bayonne Energy Center, LLC. The buyer-side market
power rules are set forth in Attachment H of the NYISO's Market
Administration and Control Area Services Tariff.
    The Complainant states that a copy of the complaint has been served
on the Respondent.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.

    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 3, 2011.

    Dated: July 14, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-18918 Filed 7-26-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24357-24360]
[FR Doc No: 2012-9476]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1165; Directorate Identifier 2011-NM-002-AD;
Amendment 39-17030; AD 2012-08-13]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 777-200 and -300 series airplanes. This AD was
prompted by reports of two failures of the single-tabbed bracket on the
rudder. This AD requires replacing certain single-tabbed bonding
brackets in the airplane empennage with two-tabbed bonding brackets.
This AD also requires, for certain airplanes, installing new bonding
jumpers, and measuring the resistance of the modified installation to
verify resistance is within specified limits. We are issuing this AD to
prevent failure of the bonding jumper bracket, which could result in
loss of lightning protection ground path, which could

lead to increased lightning-induced currents and subsequent damage to
composite structures, hydraulic tubes, and actuator control
electronics. In the event of a lightning strike, loss of lightning
ground protection could result in the loss of control of the airplane.

DATES: This AD is effective May 29, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 29, 2012.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
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: Georgios Roussos, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, Seattle Aircraft Certification
Office (ACO), FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on November 4, 2011 (76 FR
68366). That NPRM proposed to require replacing certain single-tabbed
bonding brackets in the airplane empennage with two-tabbed bonding
brackets. That NPRM also proposed to require, for certain airplanes,
installing new bonding jumpers, and measuring the resistance of the
modified installation to verify resistance is within specified limits.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(76 FR 68366, November 4, 2011) and the FAA's response to each comment.

Support for the NPRM (76 FR 68366, November 4, 2011)

    The Boeing Company and United Airlines both support the NPRM (76 FR
68366, November 4, 2011).

Request To Exclude a Requirement

    American Airlines (AA) requested that we revise the NPRM (76 FR
68366, November 4, 2011) to exclude the requirement that states ``Put
the airplane back to a serviceable condition,'' which is found in
paragraph 3.B.7. of Boeing Service Bulletin 777-55A0014, Revision 1,
dated April 1, 2010. AA explained that this requirement does not affect
the condition which the proposed AD seeks to address. AA reasoned that,
as most operators will accomplish the modifications required by the
service information as part of a maintenance visit, returning the
airplane to a serviceable condition will not be possible in the context
of that statement, but will rather occur at a point in time well after
the work is complete.
    We disagree to exclude the requirement that states ``Put the
airplane back to a serviceable condition'' in this final rule. The
intent of this requirement is to ensure that all work that is performed
as directed by the service information is verified to have been
completed, and to ensure that modifications have been tested and are
fully operational, prior to return to service. We are currently in the
process of reviewing issues surrounding which actions in a service
bulletin are necessary to be required in an AD in order to address the
identified unsafe condition. Once we have thoroughly examined all
aspects of this issue and have made a final determination, we will
consider whether our current practice needs to be revised. We have not
changed this AD in this regard.

Revised Heading

    We have revised the heading for and the wording in paragraph (i) of
this AD; this change has not changed the intent of that paragraph.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed--except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (76 FR 68366, November 4, 2011) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 68366, November 4, 2011).

Costs of Compliance

    We estimate that this AD affects 87 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
----------------------------------------------------------------------------------------------------------------
Replacement......................  21 work-hours x $85             $1,235             $3,020           $262,740
                                    per hour = $1,785.
----------------------------------------------------------------------------------------------------------------

                                     Estimated Costs for Concurrent Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on  U.S.
              Action                    Labor cost           Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Replacement......................  66 work-hours x $85             $2,668             $8,278           $248,340
                                    per hour = $5,610.
----------------------------------------------------------------------------------------------------------------

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, 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 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2012-08-13 The Boeing Company: Amendment 39-17030; Docket No. FAA-
2011-1165; Directorate Identifier 2011-NM-002-AD.

(a) Effective Date

    This AD is effective May 29, 2012.

(b) Affected ADs

    None.

(c) Applicability

    The Boeing Company Model 777-200 and -300 series airplanes,
certificated in any category, as identified in Boeing Service
Bulletin 777-55A0014, Revision 1, dated April 1, 2010.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 55: Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of two failures of the single-
tabbed bracket on the rudder. We are issuing this AD to prevent
failure of the bonding jumper bracket, which could result in loss of
lightning protection ground path, which could lead to increased
lightning-induced currents and subsequent damage to composite
structures, hydraulic tubes, and actuator control electronics. In
the event of a lightning strike, loss of lightning ground protection
could result in the loss of control of the airplane.

(f) Compliance

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

(g) Replacement

    Within 48 months after the effective date of this AD, replace
certain single-tabbed bonding brackets in the airplane empennage
with two-tabbed bonding brackets, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 777-55A0014,
Revision 1, dated April 1, 2010.

(h) Concurrent Requirements

    For airplanes identified in Boeing Service Bulletin 777-55A0010,
Revision 1, dated April 17, 2001: Prior to or concurrently with
accomplishing the requirements of paragraph (g) of this AD, install
new bonding jumpers, and do resistance measurements of the modified
installation to verify resistance is within the limits specified in
the Accomplishment Instructions of Boeing Service Bulletin 777-
55A0010, Revision 1, dated April 17, 2001. Do the actions in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 777-55A0010, Revision 1, dated April 17, 2001.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for replacing certain single-
tabbed bonding brackets with two-tabbed bonding brackets, as
required by paragraph (g) of this AD, if the replacement was
performed before the effective date of this AD using Boeing Alert
Service Bulletin 777-55A0014, dated May 8, 2008.
    (2) This paragraph provides credit for installing new bonding
jumpers, and doing resistance measurements of the modified
installation that verify the resistance is within the specified
limits, as required by paragraph (h) of this AD, if the installation
and measurements are performed before the effective date of this AD
using Boeing Alert Service Bulletin 777-55A0010, dated October 26,
2000.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office, 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 manager of the ACO, send it to the attention of the
person identified in the Related Information section of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) 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.

(k) Related Information

    For more information about this AD, contact Georgios Roussos,
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, Seattle
Aircraft Certification Office (ACO), FAA, 1601 Lind Avenue SW.,
Renton, Washington 98057-3356; Phone:<PHONE_NUMBER>; fax: (425)
917-6590; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51:
    (i) Boeing Service Bulletin 777-55A0010, Revision 1, dated April
17, 2001.
    (ii) Boeing Service Bulletin 777-55A0014, Revision 1, dated
April 1, 2010.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA.
You may review copies of the referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the 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 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on April 12, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-9476 Filed 4-23-12; 8:45 am]
BILLING CODE 4910-13-P


E. brunetti, E. mivati,   bacitracin methylenedisalicylate provided by No.
                                                                 and E. maxima, and for    069254 in Sec.   510.600(c) of this chapter.
                                                                 increased rate of
                                                                 weight gain and
                                                                 improved feed
                                                                 efficiency.

                                                                      * * * * * * *
(viii) 90 to 110.................  Bacitracin                   Broiler chickens: As an   Feed as the sole ration for 28 to 35 days, starting     069254
                                    methylenedisalicylate, 50.   aid in the prevention     from the time chicks are placed for brooding. Do
                                                                 of coccidiosis caused     not feed to laying chickens. Do not feed to
                                                                 by Eimeria necatrix, E.   chickens over 16 weeks of age. Do not allow horses,
                                                                 tenella, E. acervulina,   other equines, mature turkeys, or guinea fowl
                                                                 E. brunetti, E. mivati,   access to feed containing monensin. Ingestion of
                                                                 and E. maxima, and for    monensin by horses and guinea fowl has been fatal.
                                                                 the prevention of         In the absence of coccidiosis in broiler chickens,
                                                                 mortality caused by       the use of monensin with no withdrawal period may
                                                                 necrotic enteritis        limit feed intake resulting in reduced weight gain.
                                                                 associated with           Not for broiler breeder replacement chickens.
                                                                 Clostridium perfringens.  Monensin provided by No. 058198, bacitracin
                                                                                methylenedisalicylate provided by No. 069254 in
                                                                                Sec.   510.600(c) of this chapter.
(ix) 90 to 110...................  Bacitracin                   Laying hen replacement    Feed as the sole ration for 28 to 35 days, starting     069254
                                    methylenedisalicylate, 50.   chickens and layer        from the time chicks are placed for brooding. Do
                                                                 breeder replacement       not feed to laying chickens. Do not feed to
                                                                 chickens: As an aid in    chickens over 16 weeks of age. Do not allow horses,
                                                                 the prevention of         other equines, mature turkeys, or guinea fowl
                                                                 coccidiosis caused by     access to feed containing monensin. Ingestion of
                                                                 Eimeria necatrix, E.      monensin by horses and guinea fowl has been fatal.
                                                                 tenella, E. acervulina,   Not for broiler breeder replacement chickens.
                                                                 E. brunetti, E. mivati,   Monensin provided by No. 058198, bacitracin
                                                                 and E. maxima, and for    methylenedisalicylate provided by No. 069254 in
                                                                 the prevention of         Sec.   510.600(c) of this chapter.
                                                                 mortality caused by
                                                                 necrotic enteritis
                                                                 associated with
                                                                 Clostridium perfringens.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
40. In Sec.  558.364, add paragraph (d)(2)(ii) to read as follows:

Sec.  558.364  Naracin and nicarbazin.

* * * * *
    (d) * * *
    (2) * * *
    (ii) Virginiamycin as in Sec.  558.635.

0
41. In Sec.  558.366, revise paragraph (d)(1)(i) and add paragraph
(d)(2) to read as follows:

Sec.  558.366  Nicarbazin.

* * * * *
    (d) * * *
    (1) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
   Nicarbazin in grams per ton       Combination in grams/ton      Indications for use                         Limitations                       Sponsor
--------------------------------------------------------------------------------------------------------------------------------------------------------
(i) 90.8 to 181.6................  ...........................  Chickens: As an aid in    Feed continuously as sole ration from time chicks       066104
                                                                 preventing outbreaks of   are placed on litter until past the time when
                                                                 cecal (Eimeria tenella)   coccidiosis is ordinarily a hazard. Do not use as a
                                                                 and intestinal (E.        treatment for outbreaks of coccidiosis. Do not use
                                                                 acervulina, E. maxima,    in flushing mashes. Do not feed to laying hens.
                                                                 E. necatrix, and E.       Withdraw 4 days before slaughter for use levels at
                                                                 brunetti) coccidiosis.    or below 113.5 g/ton. Withdraw 5 days before
                                                                                slaughter for use levels above 113.5 g/ton.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (2) Nicarbazin single-ingredient Type A medicated articles may also
be used in combination with:
    (i) [Reserved]
    (ii) Virginiamycin as in Sec.  558.635.

0
42. In Sec.  558.450:
0
a. Revise paragraph (e)(3)(i);
0
b. Redesignate paragraph (e)(3)(ii) as paragraph (e)(3)(iii); and
0
c. Add new paragraph (e)(3)(ii).
    The revision and addition read as follows:

Sec.  558.450  Oxytetracycline.

* * * * *
    (e) * * *
    (3) * * *

----------------------------------------------------------------------------------------------------------------
                              Combination in grams/
   Oxytetracycline amount              ton                Indications for use           Limitations      Sponsor
----------------------------------------------------------------------------------------------------------------
(i) 10 mg/lb of body weight   .....................  Swine: For treatment of        Feed continuously     066104
 daily.                                               bacterial enteritis caused     for 7 to 14 days.    069254
                                                      by E. coli and Salmonella
                                                      choleraesuis susceptible to
                                                      oxytetracycline and
                                                      treatment of bacterial
                                                      pneumonia caused by
                                                      Pasteurella multocida
                                                      susceptible to
                                                      oxytetracycline.
(ii) 10 mg/lb of body weight  .....................  Breeding swine: For control    Feed continuously     066104
 daily.                                               and treatment of               for not more than    069254
                                                      leptospirosis (reducing the    14 days.
                                                      incidence of abortion and
                                                      shedding of leptospirae)
                                                      caused by Leptospira pomona
                                                      susceptible to
                                                      oxytetracycline.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
43. In Sec.  558.625, revise paragraphs (e)(2)(vii) and (viii) to read
as follows:

Sec.  558.625  Tylosin.

* * * * *
    (e) * * *
    (2) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
        Tylosin grams/ton             Combination in grams/ton       Indications for use                       Limitations                      Sponsors
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
(vii) 8 to 10...................  Monensin, 5 to 40 plus           Beef steers and         Feed continuously as sole ration to provide 13 to      016592
                                   lubabegron fumarate, 1.25 to     heifers fed in          90 mg lubabegron/head/day, 50 to 480 mg monensin/     058198
                                   4.54.                            confinement for         head/day, and 60 to 90 mg tylosin/head/day during
                                                                    slaughter: For          the last 14 to 91 days on feed. No additional
                                                                    reduction of ammonia    improvement in feed efficiency has been shown
                                                                    gas emissions per       from feeding monensin at levels greater than 30 g/
                                                                    pound of live weight    ton (360 mg monensin/head/day). A decrease in dry
                                                                    and hot carcass         matter intake may be noticed in some animals
                                                                    weight; for reduction   receiving lubabegron. Lubabegron has not been
                                                                    of incidence of liver   approved for use in breeding animals because
                                                                    abscesses associated    safety and effectiveness have not been evaluated
                                                                    with Fusobacterium      in these animals. Do not allow horses or other
                                                                    necrophorum and         equines access to feed containing lubabegron and
                                                                    Arcanobacterium         monensin. Ingestion of monensin by horses has
                                                                    pyogenes, and for       been fatal. Monensin medicated cattle and goat
                                                                    improved feed           feeds are safe for use in cattle and goats only.
                                                                    efficiency during the   Consumption by unapproved species may result in
                                                                    last 14 to 91 days on   toxic reactions. Feeding undiluted or mixing
                                                                    feed.                   errors resulting in high concentrations of
                                                                                monensin has been fatal to cattle and could be
                                                                                fatal to goats. Must be thoroughly mixed in feeds
                                                                                before use. Do not exceed the levels of monensin
                                                                                recommended in the feeding directions, as reduced
                                                                                average daily gains may result. If feed refusals
                                                                                containing monensin are fed to other groups of
                                                                                cattle, the concentration of monensin in the
                                                                                refusals and amount of refusals fed should be
                                                                                taken into consideration to prevent monensin
                                                                                overdosing. A withdrawal period has not been
                                                                                established for this product for preruminating
                                                                                calves. Do not use in calves to be processed for
                                                                                veal.

(viii) 8 to 10..................  Monensin, 10 to 40 plus          Beef steers and         Feed continuously as sole ration to provide 13 to      016592
                                   lubabegron fumarate, 1.25 to     heifers fed in          90 mg lubabegron/head/day, 0.14 to 0.42 mg            058198
                                   4.54.                            confinement for         monensin/lb body weight per day, depending upon
                                                                    slaughter: For          severity of coccidiosis challenge, up to 480 mg/
                                                                    reduction of ammonia    head/day, and 60 to 90 mg tylosin/head/day during
                                                                    gas emissions per       the last 14 to 91 days on feed. A decrease in dry
                                                                    pound of live weight    matter intake may be noticed in some animals
                                                                    and hot carcass         receiving lubabegron. Lubabegron has not been
                                                                    weight, for reduction   approved for use in breeding animals because
                                                                    of incidence of liver   safety and effectiveness have not been evaluated
                                                                    abscesses associated    in these animals. Do not allow horses or other
                                                                    with Fusobacterium      equines access to feed containing lubabegron and
                                                                    necrophorum and         monensin. Ingestion of monensin by horses has
                                                                    Arcanobacterium         been fatal. Monensin medicated cattle and goat
                                                                    pyogenes, and for       feeds are safe for use in cattle and goats only.
                                                                    prevention and          Consumption by unapproved species may result in
                                                                    control of              toxic reactions. Feeding undiluted or mixing
                                                                    coccidiosis due to      errors resulting in high concentrations of
                                                                    Eimeria bovis and E.    monensin has been fatal to cattle and could be
                                                                    zuernii during the      fatal to goats. Must be thoroughly mixed in feeds
                                                                    last 14 to 91 days on   before use. Do not exceed the levels of monensin
                                                                    feed.                   recommended in the feeding directions, as reduced
                                                                                average daily gains may result. If feed refusals
                                                                                containing monensin are fed to other groups of
                                                                                cattle, the concentration of monensin in the
                                                                                refusals and amount of refusals fed should be
                                                                                taken into consideration to prevent monensin
                                                                                overdosing. A withdrawal period has not been
                                                                                established for this product for preruminating
                                                                                calves. Do not use in calves to be processed for
                                                                                veal.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
44. In Sec.  558.635, redesignate paragraphs (e)(1)(vii) through (ix)
as paragraphs (e)(1)(ix) through (xi), respectively, and add new
paragraphs (e)(1)(vii) and (viii) to read as follows:

Sec.  558.635  Virginiamycin.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
   Virginiamycin grams/ton       Combination in grams/ton    Indications for use      Limitations       Sponsors
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(vii) 20.....................  Narasin, 54 to 90...........  Broiler chickens:    Feed as the sole        066104
                                                              For prevention of    ration for broiler
                                                              necrotic enteritis   chickens. Do not
                                                              caused by            feed to chickens
                                                              Clostridium          producing eggs for
                                                              perfringens          human consumption.
                                                              susceptible to       Do not allow adult
                                                              virginiamycin and    turkeys, horses,
                                                              for the prevention   or other equines
                                                              of coccidiosis       access to narasin
                                                              caused by Eimeria    formulations.
                                                              necatrix, E.         Ingestion of
                                                              tenella, E.          narasin by these
                                                              acervulina, E.       species has been
                                                              brunetti, E.         fatal. Naracin as
                                                              mivati, and E.       provided by No.
                                                              maxima.              066104 in Sec.
                                                                                510.600(c) of this
                                                                                chapter.
(viii) 20....................  Narasin, 27 to 54 plus        Broiler chickens:    Feed as the sole        066104
                                nicarbazin, 27 to 54.         For prevention of    ration for broiler
                                                              necrotic enteritis   chickens. Do not
                                                              caused by            feed to chickens
                                                              Clostridium          producing eggs for
                                                              perfringens          human consumption.
                                                              susceptible to       Nicarbazin
                                                              virginiamycin and    medicated broilers
                                                              for the prevention   may show reduced
                                                              of coccidiosis       heat tolerance if
                                                              caused by Eimeria    exposed to high
                                                              necatrix, E.         temperature and
                                                              tenella, E.          high humidity.
                                                              acervulina, E.       Provide adequate
                                                              brunetti, E.         drinking water and
                                                              mivati, and E.       ventilation during
                                                              maxima.              these periods. Do
                                                                                not allow adult
                                                                                turkeys, horses,
                                                                                or other equines
                                                                                access to narasin
                                                                                formulations.
                                                                                Ingestion of
                                                                                narasin by these
                                                                                species has been
                                                                                fatal. Naracin as
                                                                                provided by No.
                                                                                066104 in Sec.
                                                                                510.600(c) of this
                                                                                chapter.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: February 15, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-03649 Filed 3-9-23; 8:45 am]
 BILLING CODE 4164-01-P