[Federal Register Volume 86, Number 137 (Wednesday, July 21, 2021)]
[Notices]
[Pages 38515-38518]
[FR Doc No: 2021-15441]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92420; File No. SR-CBOE-2021-040]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Rules Relating to Trading Halts During the Global Trading Hours
Session

July 15, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 8, 2021, Cboe Exchange, Inc. (``Exchange'' or ``Cboe Options'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Exchange filed the
proposal as a ``non-controversial'' proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6)
thereunder.\4\ 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\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend its rules relating to trading halts during the Global Trading
Hours session. The text of the proposed rule change is provided in
Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to automate the
Exchange's process for the halting and resumption of trading in certain
circumstances during the Exchange's Global Trading Hours (``GTH'')
session.
Background
    By way of background, Cboe Rule 5.20 describes the Exchange's
process for determining if and when to halt trading in any security,
including the process for the resumption of trading after a halt. Rule
5.20(a) provides that any two Floor Officials, in consultation with a
designated senior executive officer of the Exchange, may halt trading
in any security in the interests of a fair and orderly market and to
protect investors. Rule 5.20(a) also sets forth various factors that
may be considered in making the forgoing determination, including
whether there has been an activation of price limits on futures
exchanges or the halt of trading in related futures with respect to
index options.\5\ Additionally, Rule 5.20(b) provides that trading in a
security that has been the subject of a halt under subparagraph (a) may
be resumed as described in Rule 5.31(g) \6\ upon a determination by two
Floor Officials, in consultation with a designated senior executive
officer of the Exchange, that the interests of a fair and orderly
market are best served by a resumption of trading. Among the factors to
be considered in making this determination are whether the conditions
which led to the halt are no longer present.
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    \5\ See Cboe Options Rule 5.20(a)(6).
    \6\ Cboe Options Rule 5.31(g) governs the opening auction
process that follows a trading halt. Particularly, it provides that
the Exchange will open series using the same opening auction process
described in Rule 5.31 following a trading halt in the class
declared by the Exchange pursuant to Rule 5.20, except: (1) The
Queuing Period will begin immediately when the Exchange halts
trading in the class; (2) if a User has orders or quotes resting on
the Book at the time of a trading halt, the System queues those
orders and quotes in the Queuing Book for participation in the
opening rotation following the trading halt, unless the User entered
instructions to cancel its resting orders and quotes; and (3) the
System will initiate the opening rotation for a class upon the
Exchange's determination to resume trading pursuant to Rule 5.20.
See Cboe Options Rule 5.31(g).
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    By way of further background, the Chicago Mercantile Exchange
(``CME'') recently amended its rules to (1) adopt Dynamic Special Price
Fluctuation Limits and trading halt rules for certain CME equity index
futures \7\ during CME's Overnight Trading Hours session (``OTH'' \8\)
and (2) modify its hard OTH Price Limits.\9\ Specifically, CME amended
its rules to provide that if a contract market moves beyond the lower
or above the upper dynamic price fluctuation limit during OTH
(currently set at 3.5%), CME will trigger a Dynamic Circuit Breaker and
halt trading for two

(2) minutes.\10\ CME also amended its OTH Price Limits for certain CME
equity index futures from 5% hard limits to 7% hard limits.\11\
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    \7\ See CME Rule 589, Special Price Fluctuation Limits and Daily
Price Limits Table, which provides the Dynamic Price Fluctuation
Limits apply to, among other products, S&P 500 Futures, E-mini S&P
Futures, and Micro E-mini S&P 500 Index Futures.
    \8\ CME's current OTH hours are from 6:00 p.m.-9:30 a.m. EST.
    \9\ See CME Submission No. 20-392.
    \10\ Id. See also CME Rule 589.D (Dynamic Price Fluctuation
Limits).
    \11\ See CME Submission No. 20-392.
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    Currently, the Exchange employs a manual process to initiate the
halting or resumption of trading during GTH. This manual process
requires personnel from the Exchange's Trade Desk to become aware of,
and react to, any trading halts in related futures, including Dynamic
Circuit Breaker-triggered halts, and activation of CME OTH Price
Limits, as well as any determination to lift the trading halts in
related futures or identify whether the futures are no longer in a
limit state. Particularly, the Trade Desk performs proactive monitoring
of halt notifications from CME and checks internal tools to identify
whether future products have reached a limit state. If Trade Desk
personnel become aware that a related future is halted by CME or if it
reaches CME's prescribed OTH Price Limit (i.e., reaches a ``limit
state'' \12\) during GTH, current practice is such that Trade Desk
personnel would generally, upon determination by two Floor Officials in
consultation with a designated senior executive officer, manually
implement a trading halt pursuant to the authority provided under Rule
5.20(a)(6). Similarly, Trade Desk personnel will monitor internal tools
to identify whether CME has lifted the trading halt or whether the
futures are no longer in a limit state. If such determination is made,
Trade Desk personnel would generally, upon determination by two Floor
Officials in consultation with a designated senior executive officer,
manually initiate the reopening process to resume trading pursuant to
the authority provided under Rule 5.20(b). Even with the proactive
monitoring performed by the Trade Desk, there may be instances where
the Exchange has not immediately identified a trading halt, activation
of price limits, lifting of a trading halt or whether related futures
are no longer in a limit state. As such, there may not be an immediate
initiation of a trading halt or manual re-opening of a related index
option in such cases. The Exchange believes an automated process would
be more efficient than this current manual process and accordingly
proposes to adopt an automated halt and reopening process, which would
avoid the need for manual intervention by Exchange staff.
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    \12\ For purposes of this rule, CME futures are defined to be in
a Limit State when CME futures reach the OTH Price Limits (currently
7%) and are bid at their upper limit price or offered at their lower
limit price. CME futures are not considered to be in a limit state
if CME futures are trading at prices above their lower limit price
or below their upper limit price.
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Proposal
    The proposed rule change would adopt new Rule 5.20(f) to implement
an automated process for both the halting and resumption of trading
during the GTH session if certain events transpire on CME. The Exchange
notes the proposed automated process is consistent with authority the
Exchange currently has today to halt or resume trading under its
existing rules. Particularly, the proposed circumstances that will
trigger an automated halt or resumption of trading are circumstances
and factors that the Exchange already considers and acts upon today
(albeit using a manual process). The Exchange believes automating these
processes in these situations eliminates potential inefficiencies with
the manual process, as well as provides further transparency in the
rules. Particularly, the Exchange proposes to adopt an automated
process for the halting and resumption of trading when (1) there is a
halt of trading in related futures on CME during the CME OTH session
due to the activation of a Dynamic Price Fluctuation Limit (i.e.,
whenever a ``Dynamic Circuit Breaker'' is triggered on CME during OTH)
(proposed Rule 5.20(f)(1)) or (2) when a related future is in a limit
state on CME due to an activation of the CME OTH Price Limit (proposed
Rule 5.20(f)(2)), as further described below.
Dynamic Circuit Breakers
    With respect to a Dynamic Circuit Breaker, the Exchange proposes to
specify that upon its System receiving notice from CME that a Dynamic
Circuit Breaker has been triggered during OTH, the Exchange will
automatically halt trading for two (2) minutes in the related index
options. The proposed trading halt period would coincide with the
trading halt period on CME that is triggered by the Dynamic Circuit
Breaker.\13\ Particularly, the two-minute halt period on the Exchange
would be triggered when the Exchange's system detects a halt message
from CME. Once detected, the System will queue any orders or quotes
resting on the Book at the time of a trading halt in the Queuing Book
for participation in the opening rotation following the trading halt,
unless the user entered instructions to cancel its resting orders and
quotes.\14\ New orders/quotes, modifications to orders/quotes and
cancellations for orders/quotes, would be accepted during the halt
period.
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    \13\ If the lead contract month (as identified by CME) of the
primary futures contract is traded, bid or offered on Globex at a
price below the lower or above the upper dynamic price fluctuation
limit, it is considered a triggering event which begins a two (2)
minute temporary trading halt in all contract months of the primary
futures contract and in all contract months of associated products
of the primary futures contract as provided in the Special Price
Fluctuation Limits and Daily Price Limits Table. If a non-lead
contract month of the primary futures contract is traded, bid or
offered on Globex at a price below the lower or above the upper
dynamic price fluctuation limit, it shall be considered a triggering
event which begins a two (2) minute temporary trading halt in that
non-lead contract month of the primary futures contract. See CME
Rule 589.D(b)(1).
    \14\ See Cboe Options Rule 5.31(g)(2).
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    The Exchange next proposes to provide that at the conclusion of the
two-minute Dynamic Circuit Breaker-triggered halt, the Exchange would
automatically resume trading as described in Rule 5.31(g). The proposed
rule change results in the Exchange being able to re-open trading in
the same manner that it is able to under Rule 5.31(g) today but enables
the Exchange to not have to rely on manual procedures to do so.
CME OTH Price Limits
    With respect to activation of CME's OTH Price Limits (i.e., if the
primary futures contract has reached a limit state), the Exchange
proposes to specify that upon receiving notice from CME indicating a
limit state condition or upon the Exchange's determination that CME
futures are in a limit state, the Exchange will halt trading for ten
(10) minutes in the related index options. Particularly, the Exchange's
System will read CME data feed messages continuously during GTH hours
and identify when CME futures are at a limit state. Alternatively, the
Exchange's System may receive a message from CME indicating a limit
state condition.\15\ Under either scenario, the Exchange would
automatically halt trading, and the System will queue any orders or
quotes resting on the Book at the time of a trading halt in the Queuing
Book for participation in the opening rotation following the trading
halt, unless the user entered instructions to cancel its resting orders
and quotes.\16\ New orders/quotes, modifications to orders/quotes

and cancellations for orders/quotes, would be accepted during the halt
period.
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    \15\ The Exchange notes that unlike the messages issued by CME
relating to Dynamic Circuit Breaker-triggered halts, CME does not
currently issue any messages that explicitly indicate that its
futures have reached a limit state. However, should CME provide such
notice in the future, the Exchange could determine to halt upon
receipt of any such notice in addition to or in lieu of its own
determination that CME futures have reached a limit state.
    \16\ See Cboe Options Rule 5.31(g)(2).
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    The Exchange next proposes to automate the process for resuming
trading following a trading halt during CME futures reaching a limit
state. Particularly, the Exchange shall resume trading as described in
Rule 5.31(g) once the following two conditions have been satisfied: (1)
The 10-minute halt period has passed and (2), the relate CME futures
have not been in a limit state for the entirety of a rolling period of
time (which the Exchange determines) which begins prior to the
conclusion of the halt period.\17\ Resumption of trading will occur in
the same manner that it is able to under Rule 5.31(g) today, but the
Exchange would no longer have to rely on manual procedures for
initiating the resumption of trading.
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    \17\ For example, if the Exchange determines that the period of
consecutive time that CME futures must not be in a limit state is
thirty consecutive seconds and the CME OTH Price Limit is activated
at 4:00:00 a.m., then the Exchange shall initiate its reopening
process at 4:10:00 a.m. so long as the futures were not in a limit
state at any point during 4:09:30 and 4:10:00 a.m. Alternatively,
for example, if the futures returned to a limit state at 4:09:45
a.m., trading in the related index options shall remain halted until
at least 4:10:15 a.m. or until such time thirty consecutive seconds
have passed in which CME futures were off the limit price (e.g., if
futures hit the limit price again at 4:09:55 a.m., then the earliest
trading could resume is at 4:10:25 a.m.).
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Manual Determinations
    The Exchange notes that notwithstanding proposed Rules 5.20(f)(1)
and (f)(2), the Exchange would retain the ability to manually resume
trading at any time during a trading halt triggered by either a Dynamic
Circuit Breaker or activation of CME OTH Price Limits at its discretion
pursuant to current Rule 5.20(b) if it believes the interests of a fair
and orderly market are best served by doing so. The Exchange also
retains the ability to manually implement a trading halt at any time
other than described under proposed paragraphs (f)(1) and (f)(2) if it
is determined to be in the interests of a fair and orderly market and
to protect investors pursuant to paragraph 5.20(a). To maintain clarity
and transparency in the rules, the Exchange therefore also proposes to
adopt Rule 5.20(f)(3) to directly reference this continuing authority
to manually halt and resume trading during GTH, notwithstanding the
proposed provisions under Rule 5.20(f)(1) and (f)(2).
    In sum, the Exchange believes a trading halt is generally necessary
to maintain a fair and orderly market whenever there is a trading halt
or activation of price limits in related futures products with respect
to index options during GTH. Indeed, upon becoming aware of a halt of
trading in related futures with respect to index options or activation
of a OTH price limit, current practice is such that two Floor Officials
in consultation with a designated senior executive officer of the
Exchange would likely determine to halt trading in related index
options, as permitted pursuant to current Rule 5.20(a)(6). Although the
Exchange currently has discretion to halt trading in these
circumstances, the Exchange wishes to automate this process and make it
clear in the rules that a trading halt shall automatically be triggered
in certain circumstances as detailed above. Similarly, for efficiency
and transparency in the rules, the Exchange also wishes to specify when
and how the Exchange shall automatically resume trading following a
trading halt triggered by a Dynamic Circuit Breaker on CME or
activation of a CME OTH Price Limit.\18\ As noted above, pursuant to
Rule 5.20(b), when the conditions which led to the halt are no longer
present, trading in a halted security may be resumed on the Exchange at
its discretion. The Exchange notes that when a trading halt in related
futures with respect to index options has ended, or a futures product
is no longer in a limit state, the Exchange usually determines to
resume trading. Accordingly, the Exchange believes its proposal to
automatically halt trading when CME employs a Dynamic Circuit Breaker
or there is an activation of CME OTH Price Limits is consistent with
the Exchange's current authority to consider halting when there is a
halt of trading or activation of price limits in related futures.\19\
The Exchange similarly believes the proposals relating to automatic
resumption of trading following the two-minute Dynamic Circuit Breaker-
triggered halt or ten-minute limit state-triggered halt period is
consistent with the Exchange's authority to consider resuming trading
when the conditions that led to the halt are no longer present.\20\
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    \18\ The Exchange notes that notwithstanding the proposed
automated procedures for reopening, the Exchange would retain the
ability to manually resume trading prior to the end of either
trading halt period at its discretion pursuant to current Rule
5.20(b). Similarly, the Exchange retains the ability to manually
extend the halting period pursuant to current Rule 5.20(a).
    \19\ See Cboe Options Rule 5.20(a)(6).
    \20\ See Cboe Options Rule 5.20(a)(6).
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Implementation Date
    The Exchange proposes to announce the implementation date of the
proposed rule change in an Exchange Notice, to be published no later
than sixty (60) days following the operative date. The implementation
date will be no later than ninety (90) days following the operative
date.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the requirements of Section 6(b) of the Act,\21\ in general, and
Section 6(b)(5) of the Act,\22\ in particular, in that it is designed
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest and not to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \21\ 15 U.S.C. 78f(b).
    \22\ 15 U.S.C. 78f(b)(5).
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    In particular, the Exchange believes its proposal is consistent
with the Exchange's current authority to determine when to halt and
resume trading pursuant to Rules 5.20(a) and (b). Today, two Floor
Officials, in consultation with a designated senior executive officer
of the Exchange, may halt trading in any security in the interests of a
fair and orderly market and to protect investors. As discussed above,
in making their determination, they may consider whether unusual
conditions or circumstances are present, which may include the
activation of price limits on futures exchanges or the halt of trading
in related futures with respect to index options.\23\ Similarly, two
Floor Officials, in consultation with a designated senior executive
officer of the Exchange, may determine when in the interests of a fair
and orderly market are best served by a resumption of trading. Among
the factors to be considered in this determination are whether the
conditions which led to the halt are no longer present.\24\ Although
the Exchange's current rules provide the Exchange discretion to (i)
halt trading when there is a halt of trading in related futures or
activation of price limits and (2) resume when the conditions that led
to a halt are no longer present, the Exchange historically was likely
to halt and reopen in such situations. The Exchange believes that
adopting an automated process in these situations would be more
consistent and reliable for market participants and investors as such a
process would be more efficient and not rely on manual processing by
Exchange personnel. Moreover, the Exchange believes the proposed rule

change provides further transparency to investors with respect to the
process the Exchange will use in the event the circumstances discussed
above transpire.
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    \23\ See Rule 5.20(a)(6).
    \24\ See Rule 5.20(b).
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    The proposed rule change would promote the public interest and the
protection of investors by eliminating the need for manual
determinations and replacing it with a more consistent and transparent
procedure that would be applied by the Exchange's trading systems on an
automated basis. Indeed, instead of relying on Trade Desk staff to
manually halt or re-open trading, the trading halt or resumption of
trading would automatically take place in the manner detailed above.
Additionally, notwithstanding the proposed automated processes, the
Exchange would continue to have the authority to manually halt and
resume trading outside of these processes if it's determined to be in
the interests of a fair and orderly market or under other enumerated
circumstances set forth under Rules 5.20(a) and (b).
    The Exchange believes the proposed rule change is designed to help
ensure that halting and resumption of trading happens in an automated
and efficient fashion, while also maintaining the important link
between the trading of index options on the Exchange and the trading of
related futures on CME during GTH.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
designed to facilitate a more efficient and automated halting of
trading and resumption of trading in limited circumstances during the
Exchange's GTH session and is not designed to address any competitive
issues. The Exchange therefore does not believe that the proposed rule
change would have any significant impact on competition. Rather than
impact the competitive environment, the proposed rule change would
benefit members and investors by eliminating the need for manual
processes under certain circumstances and provide further transparency
in the rules.

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 on 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:
    A. Significantly affect the protection of investors or the public
interest;
    B. impose any significant burden on competition; and
    C. become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \25\ and
Rule 19b-4(f)(6) \26\ thereunder. At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission will institute proceedings to determine whether the proposed
rule change should be approved or disapproved.
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    \25\ 15 U.S.C. 78s(b)(3)(A).
    \26\ 17 CFR 240.19b-4(f)(6).
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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-CBOE-2021-040 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-CBOE-2021-040. 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-CBOE-2021-040 and should be submitted on
or before August 11, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
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    \27\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-15441 Filed 7-20-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Notices]
[Pages 78464-78466]
[FR Doc No: 2023-25170]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Actions on Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of actions on special permit applications.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before December 15, 2023.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Washington, DC
20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Safety General Approvals and Permits Branch,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-13, 1200 New
Jersey Avenue Southeast, Washington, DC.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on November 3, 2023.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

                      Special Permits Data--Granted
------------------------------------------------------------------------
                                                        Nature of the
   Application       Applicant      Regulation(s)      special permits
     number                            affected            thereof
------------------------------------------------------------------------
11911-M.........  Transfer Flow,   177.834(h),      To modify the
                   Inc.             178.700(c)(1).   special permit to
                                                     revise the ``safe
                                                     zone'' definition.

14232-M.........  Luxfer Inc.....  173.302(a),      To modify the
                                    173.304(a),      special permit to
                                    180.205.         authorize Modal
                                                     Acoustic Emission
                                                     testing of
                                                     cylinders.
15642-M.........  Linde Gas &      172.203(a),      To modify the
                   Equipment Inc.   180.205(c),      special permit to
                                    180.209(a),      extend the initial
                                    180.209(b),      periodic
                                    180.209(b)(1)(   requalification
                                    iv).             period of DOT 3AL
                                                     and DOT-SP 12440
                                                     cylinders from 5
                                                     years to 10 years
                                                     and to authorize
                                                     certain newly
                                                     manufactured DOT
                                                     3AL cylinders to be
                                                     used in dedicated
                                                     dry-gas service.
20351-M.........  Roeder Cartage   180.407(c),      To modify the
                   Company,         180.407(e),      special permit to
                   Incorporated.    180.407(f).      remove unit numbers
                                                     7145 and 7133.
21139-M.........  KULR Technology  172.600,         To modify the
                   Corporation.     172.200,         special permit to
                                    172.300,         authorize an
                                    172.700(a),      alternative
                                    172.400,         shipping document,
                                    172.500,         to remove the
                                    173.185(b).      reference to ferry
                                                     vessel operations,
                                                     and to clarify the
                                                     requirement in
                                                     paragraph 7.b.(2).
21460-M.........  Amerex           173.309(c).....  To modify the
                   Corporation.                      special permit to
                                                     authorize an
                                                     additional
                                                     extinguisher model.
21542-N.........  Samsung SDI      172.101(j).....  To authorize the
                   Co., Ltd.                         transportation in
                                                     commerce of lithium
                                                     batteries exceeding
                                                     35 kg by cargo-only
                                                     aircraft.
21582-N.........  ABG Bag, Inc...  172.102,         To authorize the
                                    173.36(b)(2),    manufacture, mark,
                                    173.241(e)(1).   sale, and use of UN
                                                     51H large
                                                     packagings for the
                                                     purpose of
                                                     transporting
                                                     polychlorinated
                                                     biphenyls by motor
                                                     vehicle.
21651-N.........  Australian       172.700(a),      To authorize the
                   Federal Police.  172.400,         transportation in
                                    172.200,         commerce of
                                    172.300,         Division 6.1
                                    175.75(b).       hazardous materials
                                                     in the cabin of a
                                                     passenger-carrying
                                                     aircraft.
21653-N.........  Environmental    172.400,         To authorize the
                   Protection       172.101,         transportation in
                   Agency.          173.27, 178.2.   commerce of
                                                     unclassified waste
                                                     materials to a
                                                     staging area where
                                                     the materials will
                                                     be classified and
                                                     brought into
                                                     compliance with the
                                                     Hazardous Materials
                                                     Regulations (HMR).
------------------------------------------------------------------------

                      Special Permits Data--Granted
------------------------------------------------------------------------
                                                        Nature of the
   Application       Applicant      Regulation(s)      special permits
     number                            affected            thereof
------------------------------------------------------------------------
15882-M.........  Ryan Air, Inc..  172.101,         To modify the
                                    173.27,          special permit to
                                    173.243.         add a C-208 to
                                                     carry bulk fuel in
                                                     a 476-galon BATT
                                                     Tank.
------------------------------------------------------------------------

                      Special Permits Data--Granted
------------------------------------------------------------------------
                                                         Nature of the
   Application         Applicant       Regulation(s)    special permits
      number                             affected           thereof
------------------------------------------------------------------------
20245-M..........  Jaguar Texas      173.302(a),       To modify the
                    Valve &           173.304(a).       special permit
                    Instruments,                        to authorize a
                    LLC.                                cylinder with an
                                                        increased
                                                        length.
20251-M..........  Salco Products    172.203(a),       To modify the
                    Inc.              178.345-1,        special permit
                                      180.413.          to authorize
                                                        additional
                                                        manway
                                                        configurations.
                                                        (mode 1).
21555-N..........  Hach Company....  172.301(c),       To authorize the
                                      172.315.          transportation
                                                        in commerce of
                                                        certain Division
                                                        5.1, Class 8,
                                                        and Class 9
                                                        materials
                                                        between Hach
                                                        Company
                                                        facilities
                                                        without having
                                                        to apply the
                                                        limited quantity
                                                        marking each
                                                        individual
                                                        package when
                                                        consolidated
                                                        into an overpack
                                                        displaying the
                                                        limited quantity
                                                        mark.
21620-N..........  3rd Light, LLC..  172.200(a),       To authorize the
                                      172.320(a),       transportation
                                      172.400(a),       in commerce of
                                      172.500(a),       Ultimate Match
                                      173.60(a),        life-saving
                                      173.63(b).        devices as
                                                        limited
                                                        quantities.
21645-N..........  Flint Hills       172.203(a),       To authorize the
                    Resources, LLC.   173.120(c)(1)(i   transportation
                                      i)(A).            in commerce of
                                                        flammable
                                                        liquids and
                                                        combustible
                                                        liquids classed
                                                        using an
                                                        alternative test
                                                        method (ASTM
                                                        D7094-17a) that
                                                        is not currently
                                                        authorized in
                                                        Sec.
                                                        173.120(c) for
                                                        determining a
                                                        liquid's flash
                                                        point.
21647-N..........  Airbus U.S.       172.101(j)(1),    To authorize the
                    Space &           173.301(f),       transportation
                    Defense, Inc.     173.302a(a)(1),   in commerce of
                                      173.302a(a)(3),   certain non-DOT
                                      173.304a(a)(2).   specification
                                                        containers
                                                        containing
                                                        certain Division
                                                        2.2 and 2.3
                                                        hazardous
                                                        materials
                                                        identified in
                                                        paragraph 6 of
                                                        this special
                                                        permit for the
                                                        use in
                                                        satellites.
------------------------------------------------------------------------

[FR Doc. 2023-25170 Filed 11-14-23; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Proposed Rules]
[Pages 25746-25748]
[FR Doc No: 2017-11256]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0528; Directorate Identifier 2017-NM-028-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc., Model CL-600-2B16 (CL-604 Variant) airplanes.
This proposed AD was prompted by reports of in-service incidents
regarding the loss of all air data system information provided to the
flightcrew. This proposed AD would require revising the airplane flight
manual to provide ``Unreliable Airspeed'' procedures to the flightcrew
to stabilize the airplane's airspeed and attitude for continued safe
flight and landing. We are proposing this AD to address the unsafe
condition on these products.

DATES: We must receive comments on this proposed AD by July 20, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.bombardier.com. You
may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

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-2017-
0528; 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 proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Assata Dessaline, Aerospace Engineer,
Avionics and Services Branch, ANE-172, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2017-0528;
Directorate Identifier 2017-NM-028-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2017-01, dated January 6, 2017 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Bombardier, Inc., Model CL-600-2B16 (CL-
604 Variant) airplanes. The MCAI states:

    A number of in-service incidents have been reported on CL-600-
2C10 aeroplanes regarding a loss of all air data information
provided to the crew. The air data information was recovered as the
aeroplane descended to lower altitudes. An investigation determined
that the root cause in both events was high altitude icing (ice
crystal contamination). If not recognized and addressed, this
condition may affect continued safe flight and landing.
    Due to similarities in the air data systems, similar events
could happen on Bombardier Inc. CL-600-2B16 aeroplanes.
    This [Canadian] AD mandates the incorporation of Aircraft Flight
Manual (AFM) procedures to guide the crew to stabilize the
aeroplanes airspeed and attitude for continued safe flight and
landing.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0528.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued Unreliable Airspeed, of Section 03-15,
Instruments System, of Chapter 3, Emergency Procedures, to the
following AFMs:
     Bombardier Challenger 604 AFM, PSP 604-1, Revision 103,
dated November 28, 2016.
     Bombardier Challenger 605 AFM, PSP 605-1, Revision 41,
dated November 28, 2016.
     Bombardier Challenger 650 AFM, PSP 650-1, Revision 6,
dated November 28, 2016.
    This service information provides revisions to the Emergency
Procedures section of the AFM to incorporate a procedure for
``Unreliable Airspeed.'' These documents are distinct since they apply
to different airplane configurations. 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.

FAA's Determination and Requirements of This Proposed AD

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

Costs of Compliance

    We estimate that this proposed AD affects 128 airplanes of U.S.
registry.
    We also estimate that it would take about 1 work-hour per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $10,880, or $85
per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Bombardier, Inc.: Docket No. FAA-2017-0528; Directorate Identifier
2017-NM-028-AD.

(a) Comments Due Date

    We must receive comments by July 20, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (CL-604
Variant) airplanes, certificated in any category, serial numbers
5301 through 5665 inclusive; 5701 through 5988 inclusive; and 6050
through 6080 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by reports of in-service incidents
regarding the loss of all air data system information provided to
the flightcrew. We are issuing this AD to provide the flightcrew
with procedures for ``Unreliable Airspeed'' that stabilize the
airplane's airspeed and attitude for continued safe flight and
landing.

(f) Compliance

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

(g) Revision of the Airplane Flight Manual (AFM)

    Within 30 days after the effective date of this AD: Revise the
Emergency Procedures section of the AFM to include the information
in Unreliable Airspeed, of Section 03-15, Instruments System, of
Chapter 3, Emergency Procedures, of the applicable AFM specified in
paragraph (g)(1), (g)(2), or (g)(3) of this AD. These revisions
incorporate a procedure for ``Unreliable Airspeed.'' Thereafter,
operate the airplane according to the limitation and procedure in
the applicable revision.
    (1) For airplanes having serial numbers 5301 through 5665
inclusive: Bombardier Challenger 604 AFM, PSP 604-1, Revision 103,
dated November 28, 2016.
    (2) For airplanes having serial numbers 5701 through 5988
inclusive (Marketing Designation--Challenger 605): Bombardier
Challenger 605 AFM, PSP 605-1, Revision 41, dated November 28, 2016.
    (3) For airplanes having serial numbers 6050 through 6080
inclusive (Marketing Designation--Challenger 650): Bombardier
Challenger 650 AFM, PSP 650-1, Revision 6, dated November 28, 2016.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 New York ACO, send it to: ATTN: the
Program Manager, Continuing Operational Safety, New York ACO, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; fax<PHONE_NUMBER>. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2017-01, dated January 6,
2017, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0528.
    (2) For more information about this AD, contact Assata
Dessaline, Aerospace Engineer, Avionics and Services Branch, ANE-
172, FAA, New York Aircraft Certification Office (ACO), 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax
516-794-5531.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone:<PHONE_NUMBER>; fax: 514-
855-7401; email<EMAIL_ADDRESS>Internet: http://www.bombardier.com. You may view this service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 23, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-11256 Filed 6-2-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)]
[Notices]
[Page 72966]
[FR Doc No: 2015-29803]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0086; FRL-9937-08]

AAPCO/SFIREG Full Committee; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notices.

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

SUMMARY: The Association of American Pesticide Control Officials
(AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG), Full
Committee will hold a 2-day meeting, beginning on December 7, 2015, and
ending December 8, 2015. This notice announces the location and times
for the meeting and sets forth topics that may be included in the
agenda. This notice also announces the discontinuation of SFIREG
meeting announcements via the Federal Register. Future meeting
announcements will be made at the following Web site: www2.epa.gov/pesticides.

DATES: The meeting will be held on Monday, December 7, 2015, from 8:00
a.m. to 4:00 p.m. and from 8:00 a.m. to 12:00 p.m. on Tuesday, December
8, 2015.
    To request accommodation for a disability you should please contact
the person listed in this notice under FOR FURTHER INFORMATON CONTACT.
Please contact EPA at least 10 days prior to the meeting, to give EPA
as much time as possible to process your request.

ADDRESSES: The meeting will be held at EPA, One Potomac Yard (South
Bldg.), First Floor, South Conference Room, 2777 Crystal Dr.,
Arlington, VA.

FOR FURTHER INFORMATION CONTACT: Yvette S. Hopkins, Field and External
Affairs Division, Rm. 7506P, Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>or Amy
Bamber, SFIREG Executive Secretary, at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are
interested in pesticide regulation issues affecting States and any
discussion between EPA and SFIREG on FIFRA field implementation issues
related to human health, environmental exposure to pesticides, and
insight into EPA's decision-making process. You are invited and
encouraged to attend the meetings and participate as appropriate.
Potentially affected entities may include, but are not limited to
persons who are or may be required to conduct testing of chemical
substances under the Federal Food, Drug and Cosmetics Act (FFDCA), or
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and
those who sell, distribute or use pesticides, as well as any non-
government organization. If you have any questions regarding the
applicability of this action to a particular entity please consult the
person in this notice listed under FOR FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2015-0086, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. Background

    This section sets forth topics that may be on the agenda of this
meeting.

1. Discussion of the Certification and Training (C&T) rule
    a. Soil fumigation category and its role in certification and
training trends (state vs. federal vs. industry oversight)
    b. Potential problems
2. Awarded Worker Protection (WPS) grants
    a. Guidance on how SFIREG should interact with these grantees
    b. Grants for conducting meeting and establishing a group similar
to CTAG for WPS
    c. Developing educational materials
3. WPS inspection guidance document
4. Pesticide Safety and Education Program (PSEP) funding update (Goal
1)
5. Joint Working Committee's proposed Managed Pollinator Protection
Plans (MP3) effectiveness metrics
6. Drones [unmanned aerial vehicles (UAV)] and pesticides
7. Marijuana and pesticides use
8. Bee kill reporting
9. Laboratory Issues
    a. Update on persistent herbicide Solid Phase Extraction (SPE)
method
    b. Contaminants in formulation samples
10. Adjusting time allocations for pesticide inspections
11. Federal inspector credentials, program-specific training
requirements

III. How can I request to participate in this meeting?

    This meeting is open for the public to attend. You may attend the
meeting without further notification.

    Authority: 7 U.S.C. 136 et seq.

    Dated: November 17, 2015.
Jacqueline E. Mosby,
Director, Field and External Affairs Division, Office of Pesticide
Protection.
[FR Doc. 2015-29803 Filed 11-20-15; 8:45 am]
 BILLING CODE 6560-50-P