[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Rules and Regulations]
[Pages 42021-42024]
[FR Doc No: 2017-16667]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0008; Product Identifier 2013-NM-076-AD; Amendment
39-18985; AD 2017-16-08]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2012-23-09,
which applied to all Embraer S.A. Model ERJ 190-100 STD, -100 LR, and -
100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
airplanes. AD 2012-23-09 required revising the maintenance program to
incorporate certain modifications in airworthiness limitations. This
new AD requires revising the maintenance or inspection program to
incorporate certain modifications in the airworthiness limitations to
include new inspection tasks and their respective thresholds and
intervals. This AD was prompted by our determination that more
restrictive maintenance requirements and airworthiness limitations are
necessary. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective October 11, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 11,
2017.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of January
14, 2013 (77 FR 73270, December 10, 2012).

ADDRESSES: For service information identified in this final rule,
contact Embraer S.A., Technical Publications Section (PC 060), Av.
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos
Campos--SP--BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; fax
+55 12 3927-7546; email<EMAIL_ADDRESS>Internet http://www.flyembraer.com. You may view this referenced service information at
the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0008.

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-2014-
0008; 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 (telephone 800-
647-5527) is Docket 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: Ana Martinez Hueto, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 1601
Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>; fax
425-227-1320.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to supersede AD 2012-23-09, Amendment 39-17265 (77
FR 73270, December 10, 2012) (``AD 2012-23-09''). AD 2012-23-09 applied
to all Embraer S.A. Model ERJ 190-100 STD, -100 LR, and -100 IGW
airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes.
The SNPRM published in the Federal Register on May 22, 2017 (82 FR
23153) (``the SNPRM''). We preceded the SNPRM with a notice of proposed
rulemaking (NPRM) that published in the Federal Register on February 3,
2014 (79 FR 6106) (``the NPRM''). The NPRM was prompted by our
determination that more restrictive maintenance requirements and
airworthiness limitations are necessary. The NPRM proposed to require
revising the maintenance or inspection program to incorporate
modifications in the airworthiness limitations specified in the Embraer
S.A. ERJ 190/195 MRBR to include new inspection tasks and their
respective thresholds and intervals. The SNPRM proposed to revise the
NPRM by adding a requirement to revise the maintenance or inspection
program, as applicable, to incorporate new airworthiness limitations
and by adding certain airplanes to the applicability. We are issuing
this AD to detect and correct fatigue cracking of structural
components, which could result in reduced structural integrity of the
airplane.
    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2016-04-01, effective April 4, 2016 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition on certain Embraer S.A.
Model ERJ 190-100 STD, -100 LR, -100 IGW, and -100 ECJ airplanes; and
Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. The MCAI
states:

    This [Brazilian] AD was prompted by a determination that
existing maintenance requirements and airworthiness limitations are
inadequate to ensure the structural integrity of the airplane. We
are issuing this [Brazilian] AD to prevent failure of certain system
components, which could result in reduced structural integrity of
the airplane.

    The required action is revising the maintenance or inspection
program, as applicable, to incorporate the airworthiness limitations.
    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-2014-
0008.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the SNPRM or on the determination
of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting this 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
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued the following service information for Model
ERJ 190-100 STD, ERJ 190-100 LR, ERJ 190-100 IGW, ERJ 190-200 STD, ERJ
190-200 LR, and ERJ 190-200 IGW airplanes.
     Appendix A, Airworthiness Limitations (AL), of the EMBRAER
ERJ 190/195 Maintenance Review Board Report (MRBR), MRB-1928, Revision
9, dated August 14, 2015. This service information describes
certification maintenance requirements, airworthiness limitation
inspections for structures, fuel system limitation items, and life
limited items, which make up the airworthiness limitations in the MRBR.
     EMBRAER MRB--Temporary Revision 9-1, dated October 27,
2015, which provides revised airworthiness limitation inspections and
life-limited items due to new structural provisions for Live TV and
Connectivity System.
     EMBRAER MRB--Temporary Revision 9-3, dated October 27,
2015, which updates the life limitations of certain main landing gear
and nose landing gear components.
    Embraer S.A. has also issued the following service information for
Model ERJ 190-100 ECJ airplanes.
     Appendix A, Airworthiness Limitations (AL), of the EMBRAER
Lineage 1000/1000E Maintenance Planning Guide (MPG), MPG-2928, Revision
4, dated July 14, 2014. This service information describes
certification maintenance requirements, airworthiness limitation
inspections for structures, fuel system limitation items, and life-
limited items, which make up the airworthiness limitations in the MPG.
     EMBRAER MPG--Temporary Revision 4-2, dated February 13,
2015, which describes detailed inspections for the upper doubler at the
forward passenger door cutout.
     EMBRAER MPG--Temporary Revision 4-3, dated October 30,
2015, which updates the life limitations of certain main landing gear
and nose landing gear components.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 83 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revision (retained actions from AD      1 work-hour x $85 per                 $0             $85          $7,055
 2012-23-09).                            hour = $85.
Revision to include MPG-2928, Revision  1 work-hour x $85 per                  0              85           7,055
 4, and temporary revisions (new         hour = $85.
 action).
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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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2012-23-09, Amendment 39-17265 (77 FR 73270, December 10, 2012), and
adding the following new AD:

2017-16-08 Embraer S.A.: Amendment 39-18985; Docket No. FAA-2014-
0008; Product Identifier 2013-NM-076-AD.

(a) Effective Date

    This AD is effective October 11, 2017.

(b) Affected ADs

    This AD replaces 2012-23-09, Amendment 39-17265 (77 FR 73270,
December 10, 2012) (``AD 2012-23-09'').

(c) Applicability

    This AD applies to Embraer S.A. Model ERJ 190-100 STD, -100 LR,
-100 ECJ, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200
LR, and -200 IGW airplanes; certificated in any category; serial
numbers 19000002, 19000004, 19000006 through 19000213 inclusive,
19000215 through 19000276 inclusive, 19000278 through 19000466
inclusive, 19000468 through 19000525 inclusive, and 19000527 through
19000696 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Codes 27, Flight
controls; 28, Fuel; 52, Doors; 53, Fuselage; 54, Nacelles/pylons;
55, Stabilizers; 57, Wings; 71, Powerplant; and 78, Exhaust.

(e) Reason

    This AD was prompted by a determination that more restrictive
airworthiness limitations are necessary. We are issuing this AD to
detect and correct fatigue cracking of structural components and to
prevent failure of certain system components; these conditions could
result in reduced structural integrity and system reliability of the
airplane.

(f) Compliance

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

(g) Retained Revision of the Maintenance Program, With No Changes

    For Model ERJ 190-100 STD, ERJ 190-100 LR, ERJ 190-100 IGW, ERJ
190-200 STD, ERJ 190-200 LR, and ERJ 190-200 IGW airplanes: This
paragraph restates the actions required by paragraph (h) of AD 2012-
23-09, with no changes. Within 90 days after January 14, 2013 (the
effective date of AD 2012-23-09), revise the maintenance program to
incorporate the tasks specified in Part 2--Airworthiness Limitation
Inspections (ALI)--Structures, of Appendix A, Airworthiness
Limitations (AL), of the EMBRAER 190 Maintenance Review Board
Report, MRB-1928, Revision 5, dated November 11, 2010; and EMBRAER
Temporary Revision (TR) 5-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, of Appendix
A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance
Review Board Report, MRB-1928, Revision 5, dated November 11, 2010;
with the thresholds and intervals stated in these documents. The
initial compliance times for the tasks are stated in the
``Implementation Plan'' section of Appendix A, Airworthiness
Limitations (AL), of the EMBRAER 190 Maintenance Review Board
Report, MRB-1928, Revision 5, dated November 11, 2010.

(h) Retained No Alternative Actions or Intervals, With New Exception

    This paragraph restates the actions required by paragraph (i) of
AD 2012-23-09, with a new exception. After accomplishing the
revision required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals, may be used, unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (k)(1) of this AD, and except as required by paragraph (i)
of this AD.

(i) New Requirements of This AD: Revision of the Maintenance or
Inspection Program

    (1) For Model ERJ 190-100 STD, ERJ 190-100 LR, ERJ 190-100 IGW,
ERJ 190-200 STD, ERJ 190-200 LR, and ERJ 190-200 IGW airplanes:
Within 90 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
tasks specified in Part 2--Airworthiness Limitation Inspections--
Structures, of Appendix A--Airworthiness Limitations (AL), of the
EMBRAER 190/195 Maintenance Review Board Report, MRB-1928, Revision
9, dated August 14, 2015 (``MRB-1928, Revision 9''); EMBRAER MRB--TR
9-1, dated October 27, 2015, to Part 2--Airworthiness Limitation
Inspections--Structures, and Part 4--Life Limited Items, of Appendix
A, Airworthiness Limitations (AL), of MRB-1928, Revision 9; and
EMBRAER MRB--TR 9-3, dated October 27, 2015, to Part 2--
Airworthiness Limitation Inspections--Structures, of Appendix A,
Airworthiness Limitations (AL), of MRB-1928, Revision 9; with the
thresholds and intervals stated in these documents. The initial
compliance times for the tasks are at the later of the times
specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this AD. Doing
the revision required by this paragraph terminates the revision
required by paragraph (g) of this AD.
    (i) Within the applicable times specified in MRB-1928, Revision
9; EMBRAER MRB--TR 9-1, dated October 27, 2015, to Part 2--
Airworthiness Limitation Inspections--Structures, and Part 4--Life
Limited Items, of Appendix A, Airworthiness Limitations (AL), of
MRB-1928, Revision 9; and EMBRAER MRB--TR 9-3, dated October 27,
2015, to Part 2--Airworthiness Limitation Inspections--Structures,
of Appendix A, Airworthiness Limitations (AL), of MRB-1928, Revision
9. Where tasks are listed in both MRB-1928, Revision 9, and a
temporary revision, the compliance times in the temporary revision
take precedence.
    (ii) Within 90 days or 600 flight cycles after the effective
date of this AD, whichever occurs later.
    (2) For Model ERJ 190-100 ECJ airplanes: Within 90 days after
the effective date of this AD, revise the maintenance or inspection
program, as applicable, to incorporate the tasks specified in Part
1, Certification Maintenance Requirements, Part 2, Airworthiness
Limitation Inspections--Structures, Part 3, Fuel System Limitation
Items, and Part 4, Life Limited Items, of Appendix A, Airworthiness
Limitation, of the EMBRAER Lineage 1000/1000E Maintenance Planning
Guide, MPG-2928, Revision 4, dated July 14, 2014; EMBRAER MPG--TR 4-
2, dated February 13, 2015; and EMBRAER MPG--TR 4-3, dated October
30, 2015; with the thresholds and intervals stated in these
documents. The initial compliance times for the tasks are at the
later of the times specified in paragraphs (i)(2)(i) and (i)(2)(ii)
of this AD.
    (i) Within the applicable times specified in Part 1,
Certification Maintenance Requirements, Part 2, Airworthiness
Limitation Inspections--Structures, Part 3, Fuel System Limitation
Items, and Part 4, Life Limited Items, of Appendix A, Airworthiness
Limitation (AL), of the EMBRAER Lineage 1000/1000E Maintenance
Planning Guide, MPG-2928, Revision 4, dated July 14, 2014; EMBRAER
MPG--TR 4-2, dated February 13, 2015; and EMBRAER MPG--TR 4-3, dated
October 30, 2015. Where tasks are listed in both MPG-2928, Revision
4, and a temporary revision, the compliance times in the temporary
revision take precedence.
    (ii) Within 90 days or 600 flight cycles after the effective
date of this AD, whichever occurs later.

(j) No Alternative Actions, Intervals, and/or Critical Design
Configuration Control Limitations (CDCCLs)

    After accomplishment of the revision required by paragraph (i)
of this AD, no alternative actions (e.g., inspections), intervals,
and/or CDCCLs may be used unless the actions, intervals, and/or
CDCCLs are approved as an AMOC in accordance with the procedures
specified in paragraph (k)(1) of this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (l)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Section, Transport Standards
Branch, FAA; or the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC); or ANAC's authorized Designee. If approved by the ANAC
Designee, the approval must include the Designee's authorized
signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Brazilian

AD 2016-04-01, effective April 4, 2016, 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-
2014-0008.
    (2) For more information about this AD, contact Ana Martinez
Hueto, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
October 11, 2017.
    (i) Appendix A, Airworthiness Limitations (AL), of the EMBRAER
ERJ 190/195 Maintenance Review Board Report, MRB-1928, Revision 9,
dated August 14, 2015.
    (ii) Appendix A, Airworthiness Limitations (AL), of the EMBRAER
Lineage 1000/1000E Maintenance Planning Guide, MPG-2928, Revision 4,
dated July 14, 2014.
    (iii) EMBRAER MPG--Temporary Revision 4-2, dated February 13,
2015.
    (iv) EMBRAER MPG--Temporary Revision 4-3, dated October 30,
2015.
    (v) EMBRAER MRB--Temporary Revision 9-1, dated October 27, 2015.
    (vi) EMBRAER MRB--Temporary Revision 9-3, dated October 27,
2015.
    (4) The following service information was approved for IBR on
January 14, 2013 (77 FR 73270, December 10, 2012).
    (i) EMBRAER Temporary Revision (TR) 5-1, dated February 11,
2011, to Part 2--Airworthiness Limitation Inspections (ALI)--
Structures, of Appendix A, Airworthiness Limitations (AL), of the
EMBRAER 190 Maintenance Review Board Report, MRB-1928, Revision 5,
dated November 11, 2010.
    (ii) Appendix A, Airworthiness Limitation (AL), of the EMBRAER
190 Maintenance Review Board Report, MRB-1928, Revision 5, dated
November 11, 2010.
    (5) For service information identified in this AD, contact
Embraer S.A., Technical Publications Section (PC 060), Av.
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos
Campos--SP--BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732;
fax +55 12 3927-7546; email<EMAIL_ADDRESS>Internet http://www.flyembraer.com.
    (6) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 28, 2017.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2017-16667 Filed 9-5-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 175 (Tuesday, September 10, 2013)]
[Notices]
[Pages 55318-55320]
[FR Doc No: 2013-21929]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70311; File No. SR-BX-2013-049]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 1120 and Adopt a Corresponding Fee

September 4, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on August 22, 2013, NASDAQ OMX BX, Inc. (``Exchange'' or ``BX'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. BX has
designated the proposed rule change as constituting a non-controversial
rule change under Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder,\4\ which renders the proposal effective upon filing
with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

    BX is filing with the Commission a proposed rule change to amend
Rule 1120 as described below, and to adopt a corresponding fee.
    The text of the proposed rule change is below; proposed new
language is italicized; proposed deletions are in brackets.
* * * * *
1120. Continuing Education Requirements
    This Rule prescribes requirements regarding the continuing
education of certain registered persons subsequent to their initial
qualification and registration with the Exchange. The requirements
shall consist of a Regulatory Element and a Firm Element as set forth
below.
(a) Regulatory Element
(1) Requirements
    No member shall permit any registered person to continue to, and no
registered person shall continue to, perform duties as a registered
person unless such person has complied with the requirements of
paragraph (a) hereof.
    Each registered person shall complete the Regulatory Element on the
occurrence of their second registration anniversary date and every
three years thereafter, or as otherwise prescribed by the Exchange. On
each occasion, the Regulatory Element must be completed within 120 days
after the person's registration anniversary date. A person's initial
registration date, also known as the ``base date,'' shall establish the
cycle of anniversary dates for purposes of this Rule. The content of
the Regulatory Element shall be determined by the Exchange and shall be
appropriate to either the registered representative or principal status
of the person subject to the Rule. The following Regulatory Elements
administered by FINRA shall be required:
    Persons registered solely as Proprietary Traders pursuant to Rule
1032(b) must complete the S501.
    Persons registered as General Securities Representatives pursuant
to Rule 1032(a) must complete the S101.
    Persons registered in a supervisory capacity pursuant to Rules 1021
and 1022 must complete the S201.
* * * * *
7003. Regulatory, Registration and Processing Fees
    (a) The following fees will be collected and retained by FINRA via
the Web CRD registration system for the registration of associated
persons of Exchange members that are not also FINRA members:
    (1)-(6) No change.
    (7) a $[75]100 session fee for each individual who is required to
complete the Regulatory Element of the Continuing Education
Requirements pursuant to Exchange Rule 1120 (S101 and S201) and a $60
session fee for each individual who is required to complete the
Proprietary Trader Regulatory Element (S501); and
* * * * *

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 codify in Rule 1120
the specific continuing education requirements that currently apply and
to adopt a continuing education requirement for persons registered as
Proprietary Traders. BX also proposes to adopt a fee in Rule 7003 for
the new continuing education program applicable to Proprietary Traders.
    BX adopted the Proprietary Trader \5\ registration in 2011,\6\
working with various other exchanges and Financial Industry Regulatory
Authority (``FINRA''). At that time, BX stated that persons registered
in the new category would be subject to its continuing education
requirements in Rule 1120.
---------------------------------------------------------------------------

    \5\ A Proprietary Trader is a person whose activities in the
investment banking and securities business are limited solely to
proprietary trading. BX Rule 1032(b).
    \6\ See Securities Exchange Act Release No. 65042 (August 5,
2011), 76 FR 49807 (August 11, 2011) (SR-BX-2011-051).
---------------------------------------------------------------------------

    At this time, the new continuing education program for Proprietary
Traders will soon become available and will be administered by FINRA.
The new program, the S501, is intended to address the specific
continuing education of Proprietary Traders, based on the content
outline for the Series 56 exam, which covers the main categories of
rules and regulations generally applicable to such persons.\7\ The
Continuing Education Regulatory

Element is a computer-based education program administered by FINRA to
help ensure that registered persons are kept current on regulatory,
compliance and trading practice matters in the industry.
---------------------------------------------------------------------------

    \7\ These generally include recordkeeping and recording
requirements, types and characteristics of securities and
investments, trading practices and display execution and trading
systems. See Securities Exchange Act Release No. 65039 (August 5,
2011), 76 FR 49805 (August 11, 2011) (SR-BX-2011-052).
---------------------------------------------------------------------------

    BX proposes to amend Rule 1120(a)(1) to specify the required
Regulatory Element for each category of registered persons. Currently,
Rule 1120(a)(1) provides that no member shall permit any registered
person to continue to, and no registered person shall continue to,
perform duties as a registered person, unless such person has complied
with the continuing education requirements of paragraph (a). Each
registered person shall complete the Regulatory Element of the
continuing education program on the occurrence of their second
registration anniversary date(s), and every three years thereafter or
as otherwise prescribed by BX. On each occasion, the Regulatory Element
must be completed within 120 days after the person's registration
anniversary date. A person's initial registration date, also known as
the ``base date,'' shall establish the cycle of anniversary dates for
purposes of this Rule. This applies to persons registered as
Proprietary Traders as well.
    The Rule further provides that the content of the Regulatory
Element of the program shall be determined by BX for each registration
category of persons subject to the Rule. BX now proposes to make clear
which specific programs are required, including both existing programs
(S101 and S201) as well as the new Proprietary Trader continuing
education program (S501). BX has determined that the following
Regulatory Elements administered by FINRA shall be required:
     Persons registered solely as Proprietary Traders pursuant
to Rule 1032(b) shall be required to complete the S501.
     Persons registered as General Securities Representatives
pursuant to Rule 1032(a) shall be required to complete the S101.
     Persons registered in a supervisory capacity pursuant to
Rules 1021 and 1022 shall be required to complete the S201.
    BX believes that specifying the applicable Regulatory Element in
the Rule should be helpful to members in complying with the Rule. Only
one Regulatory Element is required. For example, members registered as
supervisors are subject to the S201 only; they do not also have to
complete the Regulatory Element applicable to their prerequisite
registration, such as the S501 or the S101.\8\ This proposal does not
change the registration requirements.
---------------------------------------------------------------------------

    \8\ In the event that a person is registered both as a
Proprietary Trader and a General Securities Representative, only one
Regulatory Element is required--the ``higher'' of the two, which is
the S101.
---------------------------------------------------------------------------

    BX also proposes to adopt a fee applicable to Proprietary Trader
Regulatory Element. Currently, the applicable fee for the Regulatory
Element (S101 and S201) is $100.\9\ BX proposes to adopt a $60.00 fee
for the S501. FINRA administers these programs on behalf of the
exchanges and therefore the fees are payable directly to FINRA.\10\ The
$60 fee will only be used for the administration of the S501 versus the
S101 which utilizes the $100 fee for both development and
administration. The costs associated with the development of the S501
are included in the examination fee.
---------------------------------------------------------------------------

    \9\ The Commission notes that the Exchange is correcting its fee
schedule to reflect the $100 fee for the S101 and the S201
continuing education.
    \10\ The S501 was established for those registrants who have
passed the Series 56 Qualification Exam as reflected in WebCRD.
WebCRD is the central licensing and registration system for the U.S.
securities industry. The CRD system enables individuals and firms
seeking registration with multiple states and self-regulatory
organizations to do so by submitting a single form, fingerprint card
and a combined payment of fees to FINRA. Through the CRD system,
FINRA maintains the qualification, employment and disciplinary
histories of registered associated persons of broker-dealers.
---------------------------------------------------------------------------

2. Statutory Basis
    BX believes that its proposal is consistent with Section 6(b) of
the Act \11\ in general, and furthers the objectives of: (1) Section
6(c)(3)(B) of the Act,\12\ pursuant to which a national securities
exchange prescribes standards of training, experience and competence
for members and their associated persons; and (2) Section 6(b)(5) of
the Act,\13\ in that it is designed, among other things, to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest, by requiring
registered persons to complete the applicable continuing education
program. BX believes that a strong continuing education program should
bolster the integrity of BX by helping to ensure that all associated
persons engaged in a securities business are, and will continue to be,
properly trained and qualified to perform their functions. The Exchange
does not believe that the proposal is unfairly discriminatory with
respect to persons registered as a General Securities Representative
who function in their current job as a Proprietary Trader, even though
these persons are subject to the more stringent S101 rather than the
S501; such persons are registered and qualified (Series 7) in a
``higher'' capacity and are therefore qualified to function in a
capacity other than a Proprietary Trader, whether they choose to or
not. Accordingly, requiring the S101 for such persons is appropriate
and facilitates them being able to maintain their ``higher''
registration. The Exchange also believes that permitting General
Securities Representatives functioning as Proprietary Traders to be
complete the S501 would be confusing and difficult to monitor.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78(c)(3)(B).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    BX also believes that the proposal furthers the objectives of
Section 6(b)(4) of the Act,\14\ in that it provides for an equitable
allocation of reasonable fees and other charges among exchange members
and other persons using its facilities. Specifically, the new $60 fee
is applicable to persons registered as a Proprietary Trader, which is a
limited registration under BX rules. Accordingly, the proposed S501
Regulatory Element specifically correlates to the rules and obligations
applicable to Proprietary Traders, which are fewer than those
applicable to persons registered in other categories. Thus, the S501 is
a more limited form of continuing education. Therefore, BX believes
that the lower fee ($60 rather than $100) is reasonable.\15\ The
proposed fee is equitable, because it applies equally to all persons
registered solely as Proprietary Traders.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b)(4).
    \15\ The Commission notes that in the Purpose section of this
filing, BX correctly represents that the $100 fee for the S101
covers costs associated with both development and administration of
the program, but the $60 fee for the S501 covers only the cost to
administer the continuing education.
---------------------------------------------------------------------------

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

    BX does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act. Because the Regulatory Element is administered
by FINRA, the fees are paid to FINRA, which does not raise competition
issues. All of the exchanges that recognize the Proprietary Trader
registration category are expected to adopt the same continuing
education fee. All Proprietary Traders, regardless of where they are
registered, will be subject to same continuing education

requirements and the same continuing education fees. Thus, the proposal
treats similarly situated persons in the same way.

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

    No written comments were either solicited or received.

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

    The Exchange believes that the foregoing proposed rule change may
take effect upon filing with the Commission pursuant to Section
19(b)(3)(A) \16\ of the Act and Rule 19b-4(f)(6)(iii) thereunder \17\
because the foregoing proposed rule change does not: (i) Significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The proposed rule change: specifies the continuing
education requirements that currently apply to registered persons;
adopts a continuing education requirement, the S501, and a related fee
for persons registered as Proprietary Traders; and corrects the
Exchange's fee schedule to reflect the proper fee, $100 rather than
$75, for the S101 and S201. Waiver of the operative delay would allow
the Exchange to clarify and correct its rules and implement the
proposed rule change at once, enabling its Members to comply with their
continuing education requirements in a timely manner, and thus is
consistent with the protection of investors and the public interest.
Therefore, the Commission designates the proposal operative upon
filing.\18\
---------------------------------------------------------------------------

    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml ); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2013-049 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2013-049. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street, NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly.
    All submissions should refer to File Number SR-BX-2013-049 and
should be submitted on or before October 1, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-21929 Filed 9-9-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 27, 2009 (Volume 74, Number 142)]
[Notices]
[Page 37085]
[DOCID:fr27jy09-95]

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

Office of the Secretary

[Docket No. DOT-OST-2008-0388]

Revision of a Previously Approved Collection: Public Charters, 14
CFR Part 380

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Notice.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, Public
Law 104-13, (44 U.S.C. 3501 et seq.), this notice announces that the
Information Collection Request (ICR), abstracted below, is being
forwarded to the Office of Management and Budget (OMB) for renewal of
currently approved Public Charters, 14 CFR part 380. Earlier, a Federal
Register Notice with a 60-day comment period was published on May 21,
2009 (74 FR 23925). The agency did not receive any comments to its
notice.

DATES: Written comments should be submitted by August 26, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Reather Flemmings<PHONE_NUMBER>)
and Ms. Torlanda Archer<PHONE_NUMBER>), U.S. Department of
Transportation, Office of the Secretary, Office of International
Aviation, Special Authorities Division, X-46, 1200 New Jersey Avenue,
SE., W86-445, Washington, DC 20590.
    Comment: Comments should be sent to OMB at the address that appears
below and should identify the associated OMB Approval Number 2106-0005
and Docket No. DOT-OST-2008-0388.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2106-0005.
    Title: Public Charters, 14 CFR part 380.
    Form Numbers: 4532, 4533, 4534, 4535.
    Type of Review: Revision of a currently approved collection: The
current OMB inventory has decreased the changes are listed below.
    Respondents: Private Sector: Air carriers; tour operators; the
general public (including groups and individuals, corporations and
Universities or Colleges, etc.)
    Number of Respondents: 245.
    Number of Responses: 1,782.
    Total Annual Burden: 891.
    Needs and Uses: 14 CFR part 380 establishes the regulations of the
Department's terms and conditions governing Public Charter operators to
conduct air transportation using direct air carriers. Public Charter
operators arrange transportation for groups of people on chartered
aircraft. This arrangement is less expensive for the travelers than
individually buying a ticket. Part 380 exempts charter operators from
certain provisions of the U.S. code in order that they may provide this
service. A primary goal of part 380 is to seek protection for the
consumer. Accordingly, the rule stipulates that the charter operator
must file evidence (a prospectus--consisting of OST Forms 4532, 4533,
4534 and 4535) with the Department for each charter program certifying
that it has entered into a binding contract with a direct air carrier
to provide air transportation and that it has also entered into
agreements with Department-approved financial institutions for the
protection of charter participants' funds. The prospectus must be
approved by the Department prior to the operator's advertising, selling
or operating the charter. If the prospectus information were not
collected it would be extremely difficult to assure compliance with
agency rules and to assure that public security and other consumer
protection requirements were in place for the traveling public. The
information collected is available for public inspection (unless the
respondent specifically requests confidential treatment). Part 380 does
not provide any assurances of confidentiality.

    Issued in Washington, DC, on July 21, 2009.
Patricia Lawton,
DOT Paperwork Reduction Act Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. E9-17792 Filed 7-24-09; 8:45 am]

BILLING CODE 4910-9X-P


[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Notices]
[Page 27493-27494]
[DOCID:fr11my06-70]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP05-396-000]

Sabine Pass LNG, LP; Notice of Availability of the Environmental
Assessment for the Proposed Sabine Pass LNG Terminal Phase II Project

May 5, 2006.
    The staff of the Federal Energy Regulatory Commission (Commission
or FERC) has prepared an environmental assessment (EA) on the liquefied
natural gas (LNG) facilities proposed by Sabine Pass LNG, L.P. (SPLNG)
in the above-referenced docket. The Sabine Pass LNG Terminal Phase II
Project (Project) would be located in Cameron Parish, Louisiana.
    The EA was prepared to satisfy the requirements of the National
Environmental Policy Act. The staff concludes that approval of the
proposed Project, with appropriate mitigating measures, would not
constitute a major Federal action significantly affecting the quality
of the human environment. This EA evaluates alternatives to the
proposal, including system alternatives and site layout alternatives
for the LNG import terminal, impact of Ambient Air Vaporizers, and air
emissions.
    The U.S. Army Corps of Engineers (COE), U.S. Coast Guard (Coast
Guard), and U.S. Fish and Wildlife Service (FWS) have all participated
as cooperating agencies in the preparation of the EA.
    The EA assesses the potential environmental effects of the
construction and operation of the following facilities:
     Sixteen (16) ambient air vaporization trains (AAV Trains),
one of which would be installed significantly before the others as a
pilot AAV Train for testing purposes;
     Eight (8) SCV Trains;
     One (1) pilot AAV Train;
     Three (3) LNG storage tanks;
     Two (2) LNG transfer lines;
     Two (2) BOG compressors;
     Two (2) BOG condensing systems;
     Four (4) shell and tube heat exchangers;
     Two (2) vapor return blowers;
     One (1) simple cycle gas turbine generator; and
     Two (2) 30-inch natural gas pipelines from the Project
process area to new main meters.
    The EA has been placed in the public files of the FERC and is
available for public inspection at: Federal Energy Regulatory
Commission, Public Reference Room, 888 First Street, NE., Room 2A,
Washington, DC 20426,<PHONE_NUMBER>.
    A limited number of copies are available from the FERC's Public
Reference Room identified above. In addition, copies of the EA have
been mailed to Federal, state, and local government agencies; elected
officials; Native American tribes; local libraries and newspapers;
intervenors in the FERC's proceeding; individuals who provided scoping
comments; and affected landowners and individuals.
    Any person wishing to comment on the EA may do so. To ensure
consideration prior to a Commission decision on the proposal, it is
important that we receive your comments before the date specified
below. Please carefully follow these instructions to ensure that your
comments are received in time and properly recorded:
     Send an original and two copies of your comments to:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Room 1A, Washington, DC 20426;
     Label one copy of the comments for the attention of the
Gas Branch 2, PJ11.2;
     Reference Docket No. CP05-396-000; and
     Mail your comments so that they will be received in
Washington, DC on or before June 5, 2006.
    The Commission strongly encourages electronic filing of any
comments or interventions or protests to this proceeding. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov under the ``e-Filing'' link and the link to the

User's Guide. Before you can file comments, you will need to create a
free account, which can be created by clicking on ``Sign-up.''
    Additional information about the Project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC (3372) or on
the FERC Internet Web site using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
excluding the last three digits in the Docket Number field. Be sure you
have selected an appropriate date range. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>or toll free at 1-
866-208-3676, or for TTY, contact<PHONE_NUMBER>. The eLibrary

link also provides access to the texts of the formal documents issued
by the Commission, such as orders, notices, and rulemakings.
    In addition, the Commission now offers a free service call
eSubscription, which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-7192 Filed 5-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Notices]
[Pages 4873-4874]
[FR Doc No: 2013-01275]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0003]

Electrical Protective Equipment Standard and the Electric Power
Generation, Transmission, and Distribution Standard; Extension of the
Office of Management and Budget's (OMB) Approval of Information
Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its request for an
extension of the information collection requirements specified in its
standards on Electrical Protective Equipment (29 CFR 1910.137) and
Electric Power Generation, Transmission, and Distribution (29 CFR
1910.269).

DATES: Comments must be submitted (postmarked, sent, or received) by
March 25, 2013.

ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2013-0003, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2013-0003) for the Information Collection Request
(ICR). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may contact Theda Kenney at the
address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    The Electrical Protective Equipment Standard (29 CFR 1910.137) and
the Electric Power Generation, Transmission, and Distribution Standard
(29 CFR 1910.269) specify several paperwork requirements. The following
describes the information collection requirements contained in the
standards and addresses who will use the information.

Electrical Protective Equipment Standard (Sec.  1910.137)

Testing Certification (Sec.  1910.137(b)(2)(xii))
    Employers must certify that the electrical protective equipment
used by their workers have passed the tests specified in paragraphs
(b)(2)(viii), (b)(2)(ix), and (b)(2)(xi) of the Standard. The
certification must identify the equipment that passed the tests and the
dates of the tests. This provision ensures that electrical protective
equipment is reliable and safe for worker use and will provide adequate
protection against electrical hazards. In addition, certification
enables OSHA to determine if employers are in compliance with the
equipment-testing requirements of the Standard.

Electric Power Generation, Transmission, and Distribution Standard
(Sec.  1910.269)

Training Certification (Sec.  1910.269(a)(2)(vii))
    This provision requires employers to certify that each worker has
received the training specified in paragraph (a)(2) of the Standard.
Employers must provide certification after a worker demonstrates
proficiency in the work practices involved.
    The training conducted under paragraph (a)(2) of the Standard must
ensure that: Workers are familiar with the safety-related work
practices, safety procedures, and other procedures, as well as any
additional safety requirements in the Standard that

pertain to their respective job assignments; workers are familiar with
any other safety practices, including applicable emergency procedures
(such as pole top and manhole rescue), addressed specifically by this
Standard that relate to their work and are necessary for their safety;
and qualified workers have the skills and techniques necessary to
distinguish exposed live parts from other parts of electrical
equipment, can determine the nominal voltage of the exposed live parts,
know the minimum approach distances specified by the standard for
voltages when exposed to them, and understand the proper use of special
precautionary techniques, personal protective equipment, insulating and
shielding materials, and insulated tools for working on or near exposed
and energized parts of electrical equipment.
    Workers must receive additional training or retraining if: the
supervision and annual inspections required by the Standard indicate
that they are not complying with the required safety-related work
practices; new technology or equipment, or revised procedures, require
the use of safety-related work practices that differ from their usual
safety practices; and they use safety-related work practices that are
different than their usual safety practices while performing job
duties.
    The training requirements of the Standard inform workers of the
safety hazards of electrical exposure and provide them with the
understanding required to minimize these safety hazards. In addition,
workers receive proper training in safety-related work practices,
safety procedures, and other safety requirements specified in the
standard. The required training, therefore, provides information to
workers that enable them to recognize how and where electrical
exposures occur, and what steps to take, including work practices, to
limit such exposure. The certification requirement specified by
paragraph (a)(2)(vii) of the Standard helps employers monitor the
training their workers received and helps OSHA determine if employers
provided the required training to their workers.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the collection
of information requirements contained in the Standards on Electrical
Protective Equipment (29 CFR 1910.137), and Electric Power Generation,
Transmission, and Distribution (29 CFR 1910.269). The Agency is
proposing to decrease the burden hours in the currently approved
information collection request from 34,208 hours to 8,218 hours (a
total decrease of 25,990 hours). The decrease is a result of a decrease
in the number of burden hours for test certification. The Agency has
determined that it is usual and customary for employers to have or
stamp the test date on electrical protective equipment.
    The Agency will summarize the comments submitted in response to
this notice, and will include this summary in its request to OMB.
    Type of Review: Extension of a currently approved information
collection.
    Title: Electrical Protective Equipment (29 CFR 1910.137) and
Electric Power Generation, Transmission, and Distribution (29 CFR
1910.269).
    OMB Control Number: 1218-0190.
    Affected Public: Business or other for-profits.
    Number of Respondents: 20,765.
    Frequency: On occasion; Semi-annually; Annually.
    Average Time per Response: One minute (.02 hour) for a clerical
worker to maintain training certification records.
    Estimated Total Burden Hours: 8,218.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2013-0003). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

David Michaels,
 Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-01275 Filed 1-22-13; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Page 56838]
[FR Doc No: 2018-24782]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-289-000]

Cleco Cajun LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Cleco Cajun LLC`s application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 27, 2018.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: November 7, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-24782 Filed 11-13-18; 8:45 am]
 BILLING CODE 6717-01-P


									Served: April 29, 2005

	UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

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

SHUTTLE AMERICA CORPORATION

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

NOTICE OF REGISTRATION OF TRADE NAME

On April 21, 2005, Shuttle America Corporation (Shuttle America), a certificated air carrier, requested that the Department register the trade name “United Express” for use in certain of its air transportation operations.

Part 215 of the Department’s regulations provides that any carrier wishing to use an alternative trade name must first register that name with the Department.  The rule further states that the Department may register such name after the carrier gives notification to similarly named carriers of the proposed use of the name.  In this case, we requested that Shuttle America serve a copy of its application to register the trade name on United Air Lines, Inc (United).  Since all other similarly named carriers conduct business pursuant to operating code-share agreements with United, no other notification was required.  On April 28, 2005, Shuttle America submitted evidence that it had complied with our request.

Under these circumstances, on April 28, 2005, we orally advised Shuttle America that we had registered “United Express” as a trade name for the carrier.  We confirm that action here.

Dated at Washington, D.C., April 28, 2005.

RANDALL D. BENNETT

Director

Office of Aviation Analysis	Attachment A

SERVICE LIST FOR

SHUTTLE AMERICA CORPORATION

MR ROBERT COHN

MS SHERYL ISRAEL

COUNSEL FOR SHUTTLE AMERICA CORPORATION

SHAW PITTMAN LLP

2300 N STREET NW

WASHINGTON DC  20037

MR JEFFREY MANLEY

MR BRUCE RABINOVITX

COUNSEL FOR UNITED AIR LINES INC

WILMER CUTLER PICKERING & DORR

2445 M STREET NW

WASHINGTON DC 20037

MS ELLEN TATTRO

POI FOR SHUTTLE AMERICA CORPORATION

FEDERAL AVIATION ADMINISTRATION

FLIGHT STANDARDS DISTRICT OFFICE

1843 COMMERCE DRIVE

SUITE 200

SOUTH BEND IL  46628

MR DAVID HANLEY

MANAGER

FLIGHT STANDARDS DIVISION AGL-200

FEDERAL AVIATION ADMINISTRATION

GREAT LAKES REGION HQ

2300 EAST DEVON AVENUE

DES PLAINES IL  60018

MR DON BRIGHT K-14

OFFICE OF AIRLINE INFORMATION

DEPARTMENT OF TRANSPORTATION

400 SEVENTH STREET SW

WASHINGTON DC 20590

 See Order 98-11-15, issued November 13, 1998.

 On March 16, 2005, Shuttle America requested that the Department approve the carrier’s proposed change in ownership.  In its request, Shuttle America indicated that it intended to conduct scheduled flights as “United Express” under a fee-for-service agreement with United Air Lines, Inc.  On April 6, 2005, the Department approved Shuttle America’s ownership change.


[Federal Register Volume 77, Number 188 (Thursday, September 27, 2012)]
[Notices]
[Pages 59425-59427]
[FR Doc No: 2012-23765]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67905; File No. SR-BATS-2012-038]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

September 21, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 10, 2012, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') 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 has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the fee schedule applicable to
Members \5\ and non-members of the Exchange pursuant to BATS Rules
15.1(a) and (c). Changes to the fee schedule pursuant to this proposal
are effective upon filing.
---------------------------------------------------------------------------

    \5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 parts of such
statements.

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

1. Purpose
    The Exchange proposes to modify the ``Options Pricing'' section of
its fee schedule effective September 10, 2012, in order to modify
pricing related to executions that occur on the NASDAQ Options Market
(``NOM''). NOM implemented certain pricing changes effective September
4, 2012,\6\ including: (i) Modification of the fee charged to
participants classified by NOM as professionals, customers and market
makers to remove liquidity in penny pilot options, and (ii) the
adoption of specific fees for NOM ``Specified Symbols,'' as described
below. In order to maintain routing fees that approximate the routing
costs to NOM, the Exchange proposes to modify pricing for
Professional,\7\ Firm, and Market Maker \8\ orders routed to NOM in
non-Specified Symbols and to adopt pricing for orders routed to NOM in

Specified Symbols. In addition to these changes, the Exchange also
proposes renumbering a footnote associated with Physical Connection
Charges from 8 to 9.
---------------------------------------------------------------------------

    \6\ See Nasdaq Options Trader Alert 2012-54, NOM and
PHLX Update Pricing, Effective September 4, 2012 (August 31, 2012)
(the ``NOM Notice'').
    \7\ The term ``Professional'' is defined in Exchange Rule 16.1
to mean any person or entity that (A) is not a broker or dealer in
securities, and (B) places more than 390 orders in listed options
per day on average during a calendar month for its own beneficial
account(s).
    \8\ As defined on the Exchange's fee schedule, the terms
``Firm'' and ``Market Maker'' apply to any transaction identified by
a member for clearing in the Firm or Market Maker range,
respectively, at the Options Clearing Corporation (``OCC'').
---------------------------------------------------------------------------

    The Exchange currently charges certain flat rates for routing to
other options exchanges that have been placed into three groups based
on the approximate cost of routing to such venues. The grouping of away
options exchanges is based on the cost of transaction fees assessed by
each venue as well as costs to the Exchange for routing (i.e., clearing
fees, connectivity and other infrastructure costs, membership fees,
etc.) (collectively, ``Routing Costs''). For routing to options
exchanges in the Exchange's highest price grouping, the Exchange
currently assesses fees of $0.50 per contract for Customer orders and
$0.55 per contract for orders on behalf of all other participants. With
the recent change by NOM to charge non-Customer executions a rate of
$0.47 per contract for penny pilot options, the Exchange believes NOM
no longer fits in this category. This is due, in part, to the fact that
NOM charges $0.50 per contract for non-Customer orders in non-penny
pilot options, and the Exchange incurs various Routing Costs in
addition to this fee. Accordingly, the Exchange proposes to adopt a new
category for NOM under which it will charge a fee of $0.57 per contract
for Professional, Firm, or Market Maker orders routed to and executed
at NOM in options other than Specified Symbols, which are described in
further detail below. This fee will help the Exchange to recoup
clearing and transaction charges incurred by the Exchange, as well as
other Routing Costs, in connection with routing to NOM.
    NOM also recently implemented specific fees for options on
specified securities that the Exchange proposes to identify as ``NOM
Specified Symbols.'' \9\ Such NOM Specified Symbols, as announced by
NOM, will originally include options on Facebook (``FB''), Google
(``GOOG'') and Groupon (``GRPN''). As announced by NOM, the fee to
remove liquidity in NOM Specified Symbols is $0.79 per contract for NOM
customer and NOM market maker orders and $0.85 per contract for all
other participant capacities. As noted above, the Exchange generally
imposes routing fees that approximate the fee to remove liquidity from
other options exchanges as well as associated Routing Costs.
Accordingly, the Exchange proposes to charge $0.90 for Customer orders
and $0.95 for Professional, Firm, or Market Maker orders routed to and
executed at NOM in Specified Symbols. In addition, the Exchange
currently charges a flat fee of $0.60 per contract for any Directed ISO
routed to any options exchange. In order to cover the cost of removing
liquidity in Specified Symbols at NOM, including Routing Costs, the
Exchange proposes to charge $0.95 per contract for Directed ISOs to NOM
in NOM Specified Symbols.
---------------------------------------------------------------------------

    \9\ See NOM Notice, supra note 4 [sic].
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\10\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\11\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed modifications to routing
fees applicable for orders routed to and executed at NOM is fair,
equitable and reasonable because the fees are an approximation of the
cost to the Exchange for routing orders to NOM. The Exchange believes
that its flat fee structure for orders routed to various venues is a
fair and equitable approach to pricing, as it provides certainty with
respect to execution fees at groups of away options exchanges. Each
destination market's transaction charge varies and there is a standard
clearing charge for each transaction incurred by the Exchange along
with other administrative and technical costs that are incurred by the
Exchange. Under its flat fee structure, taking all costs to the
Exchange into account, the Exchange may operate at a slight gain or a
slight loss for orders routed to and executed at NOM. As a general
matter, the Exchange believes that the proposed fees will allow it to
recoup and cover its costs of providing routing services to NOM.
Specifically, the Exchange believes that the proposed routing fees will
enable the Exchange to recover the remove fees assessed for the
Exchange's routing to NOM, plus other Routing Costs associated with the
execution of orders that have been routed to NOM. The Exchange also
believes that its increase to fees for Directed ISO's to NOM in
Specified Symbols to $0.95 per contract (from the current charge of
$0.60 per contract for all other Directed ISO's) is fair, equitable and
reasonable because the fees are also an approximation of the cost to
the Exchange for routing orders to NOM in Specified Symbols. The
Exchange also believes that the proposed fee structure for orders
routed to and executed at NOM, including Directed ISOs in Specified
Symbols, is not unreasonably discriminatory, again, because it is based
on and intended to approximate the cost of routing to NOM.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, the change to
routing fees will assist the Exchange in recouping costs for routing
orders to NOM on behalf of its participants, and absent such change,
the Exchange would be subsidizing routing to NOM by Exchange
participants. The Exchange also notes that Users may choose to mark
their orders as ineligible for routing to avoid incurring routing
fees.\12\
---------------------------------------------------------------------------

    \12\ See BATS Rule 21.1(d)(8) (describing ``BATS Only'' orders
for BATS Options) and BATS Rule 21.9(a)(1) (describing the BATS
Options routing process, which requires orders to be designated as
available for routing).
---------------------------------------------------------------------------

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.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act\13\ and Rule 19b-
4(f)(2) thereunder,\14\ the Exchange has designated this proposal as
establishing or changing a due, fee, or other charge applicable to the
Exchange's Members and non-members, which renders the proposed rule
change effective upon filing.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \14\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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.

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-BATS-2012-038 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-BATS-2012-038. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BATS-2012-038 and should be
submitted on or before October 18, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-23765 Filed 9-26-12; 8:45 am]
BILLING CODE 8011-01-P