[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Proposed Rules]
[Pages 65637-65640]
[FR Doc No: 2023-20507]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1886; Project Identifier AD-2023-00429-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2009-01-02, which applies to certain Boeing Model 737-600, -700, -700C,
-800, and -900 series airplanes. AD 2009-01-02 requires an inspection
of frames between body station (BS) 360 and BS 907 to determine if
certain support brackets of the air conditioning (A/C) outlet
extrusions are installed, inspections for cracking of the frames around
the attachment holes of the subject brackets, and repair if necessary.
AD 2009-01-02 also requires installing new, improved fittings for all
support brackets of the A/C outlet extrusions between BS 360 and BS
907. Since the FAA issued AD 2009-01-02, the agency determined that
certain repairs might develop fatigue cracks that could result in the
inability of the frame to sustain limit load and therefore must be
inspected. This proposed AD would continue to require the actions
specified in AD 2009-01-02 and would also require repetitive
inspections for cracking of certain repairs and repair if necessary.
The FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by November 9,
2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1886; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110 SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; website myboeingfleet.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov by searching for and locating Docket No. FAA-2023-1886.

FOR FURTHER INFORMATION CONTACT: Owen F. Bley-Male, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3992; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1886; Project Identifier
AD-2023-00429-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other

information as described in 14 CFR 11.35, the FAA will post all
comments received, without change, to regulations.gov, including any
personal information you provide. The agency will also post a report
summarizing each substantive verbal contact received about this
proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Owen
F. Bley-Male, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone:<PHONE_NUMBER>; email: [email protected].
Any commentary that the FAA receives that is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    The FAA issued AD 2009-01-02, Amendment 39-15780 (74 FR 4117,
January 23, 2009) (AD 2009-01-02), for certain Boeing Model 737-600, -
700, -700C, -800, and -900 series airplanes. AD 2009-01-02 was prompted
by numerous reports of multiple cracks in the frame around the
attachment holes of the support bracket of the A/C outlet extrusion. AD
2009-01-02 requires a one-time general visual inspection of frames
between BS 360 and BS 907 to determine if certain support brackets of
the A/C outlet extrusions are installed, medium- and high-frequency
eddy current inspections for cracking of the frames around the
attachment holes of the subject brackets, and repair if necessary. AD
2009-01-02 also requires installing new, improved fittings for all
support brackets of the A/C outlet extrusions between BS 360 and BS
907. AD 2009-01-02 refers to Boeing Special Attention Service Bulletin
737-25-1544, Revision 1, dated January 16, 2008, as the appropriate
source of service information for accomplishing the required actions.
The agency issued AD 2009-01-02 to prevent frame cracking, which, if
not corrected, could lead to a severed frame that, combined with
cracking of the skin lap splice above stringer 10, could result in
rapid decompression of the airplane.

Actions Since AD 2009-01-02 Was Issued

    Since the FAA issued AD 2009-01-02, Boeing issued Special Attention
Service Bulletin 737-25A1544, Revision 3, dated May 16, 2016, as an
alternative method of compliance for AD 2009-01-02, which includes an
alternative to making repairs using Boeing Special Attention Service
Bulletin 737-25-1544, Revision 1, dated January 16, 2008. The FAA and
Boeing determined that the repairs done using Boeing Special Attention
Service Bulletin 737-25A1544, Revision 3, dated May 16, 2016, might
develop fatigue cracks that could result in the inability of the frame
to sustain limit load. Boeing subsequently issued Alert Service
Bulletin 737-25A1544, Revision 4, dated February 15, 2022, which added
damage tolerance inspections for certain BS 907 repairs done using
Boeing Special Attention Service Bulletin 737-25A1544, Revision 3,
dated May 16, 2016. The FAA determined that those post-repair
inspections are necessary to address the unsafe condition.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Service Bulletin 737-25A1544,
Revision 4, dated February 15, 2022. This service information specifies
procedures for a one-time general visual inspection of frames between
BS 360 and BS 907 to determine if certain support brackets of the A/C
outlet extrusions are installed; low-, medium- and high-frequency eddy
current inspections for cracking of the frames around the attachment
holes of the subject brackets, and repair if necessary; and
installation of new, improved fittings for all support brackets of the
A/C outlet extrusions between BS 360 and BS 907. This service
information also specifies procedures for repetitive detailed and high-
frequency eddy current inspections for cracking of certain repairs at
BS 907 and repair if necessary.
    This AD also requires Boeing Special Attention Service Bulletin
737-25-1544, Revision 1, dated January 16, 2008, which the Director of
the Federal Register approved for incorporation by reference as of
February 27, 2009 (74 FR 4117, January 23, 2009).
    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.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information described previously, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. For information on the procedures and compliance times,
see this service information at regulations.gov by searching for and
locating Docket No. FAA-2023-1886.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 738 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                                     Estimated Costs
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               Action                      Labor cost                Parts cost                 Cost per product              Cost on U.S. operators
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General visual inspection (retained  1 work-hour x $85 per   $0.......................  $85............................  $62,730.
 actions from AD 2009-01-02).         hour = $85.
Eddy current inspections (retained   Up to 216 work-hours x  0........................  Up to 18,360...................  Up to 13,549,680.
 actions from AD 2009-01-02).         85 per hour = Up to
                                      18,360.
Replace support fittings (retained   Up to 346 work-hours x  Up to 28,789.............  Up to 57,889...................  Up to 42,722,082.
 actions from AD 2009-01-02).         85 per hour = Up to
                                      29,410.

Post-repair Inspections (new         42 work-hours x 85 per  0........................  3,570 per inspection cycle.....  2,634,660 per inspection cycle.
 proposed action).                    hour = 3,570 per
                                      inspection cycle.
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    The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs that would be required based on
the results of the inspections specified in this proposed AD.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA has 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 that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:
0
a. Removing Airworthiness Directive (AD) 2009-01-02, Amendment 39-15780
(74 FR 4117, January 23, 2009), and
0
b. Adding the following new AD:

The Boeing Company: Docket No. FAA-2023-1886; Project Identifier AD-
2023-00429-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) action by November 9, 2023.

(b) Affected ADs

    This AD replaces AD 2009-01-02, Amendment 39-15780 (74 FR 4117,
January 23, 2009) (AD 2009-01-02).

(c) Applicability

    This AD applies to Boeing Model 737-600, -700, -700C, -800, and
-900 series airplanes, certificated in any category, as identified
in Boeing Special Attention Service Bulletin 737-25A1544, Revision
4, dated February 15, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishing.

(e) Unsafe Condition

    This AD was prompted by numerous reports of multiple cracks in
the frame around the attachment holes of the support bracket of the
air conditioning (A/C) outlet extrusion. Also, the FAA determined
that certain repairs done to comply with AD 2009-01-02 might develop
fatigue cracks that could result in the inability of the frame to
sustain limit load and must be inspected. The FAA is issuing this AD
to address frame cracking, which, if not corrected, could lead to a
severed frame that, combined with cracking of the skin lap splice
above stringer 10, could result in rapid decompression of the
airplane.

(f) Compliance

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

(g) Retained Inspection, With New Service Information

    This paragraph restates the requirements of paragraph (f) of AD
2009-01-02, with new service information. Before the accumulation of
36,000 total flight cycles, or within 72 months after February 27,
2009 (the effective date of AD 2009-01-02), whichever occurs later,
except as required by paragraph (i) of this AD: Do a general visual
inspection to determine if the support brackets of the A/C outlet
extrusions between body station (BS) 360 and BS 907 have two-rivet
attachment fittings in accordance with Part 2 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-25-
1544, Revision 1, dated January 16, 2008, or Boeing Alert Service
Bulletin 737-25A1544, Revision 4, dated February 15, 2022; except at
the locations identified in the notes of Step 3.B.1 of Part 1 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-25-1544, Revision 1, dated January 16, 2008, or Boeing
Alert Service Bulletin 737-25A1544, Revision 4, dated February 15,
2022. As of the effective date of this AD, only use Boeing Alert
Service Bulletin 737-25A1544, Revision 4, dated February 15, 2022,
for the actions required by paragraph (g) of this AD.
    (1) For any support bracket attached with three or more rivets:
No further action is required by paragraph (g) of this AD.
    (2) For any subject support bracket having a two-rivet
attachment fitting: Before the accumulation of 36,000 total flight
cycles, or within 72 months after February 27, 2009 (the effective
date of AD 2009-01-02), whichever occurs later, except as required
by paragraph (i) of this AD, do medium- and high-frequency eddy
current inspections for cracking of the frame around the attachment
holes of the support bracket, in accordance with Part 2 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-25-1544, Revision 1, dated January 16, 2008, or do low-
, medium- and high-frequency eddy current inspections for cracking
of the frame around the attachment holes of the support bracket, in
accordance with Part 2 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-25A1544, Revision 4, dated February 15,
2022. If any cracking is discovered, before further flight, repair
the cracking in accordance with Part 3 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-25-
1544, Revision 1, dated January 16, 2008, or Boeing Alert Service
Bulletin 737-25A1544, Revision 4, dated February 15, 2022, except

as required by paragraph (k)(2) of this AD. As of the effective date
of this AD, only use Boeing Alert Service Bulletin 737-25A1544,
Revision 4, dated February 15, 2022, for the actions required by
paragraph (g)(2) of this AD.

(h) Retained Modification With New Service Information

    This paragraph restates the requirements of paragraph (g) of AD
2009-01-02, with new service information. Except as required by
paragraph (i) of this AD: Before the accumulation of 36,000 total
flight cycles, or within 72 months after February 27, 2009 (the
effective date of AD 2009-01-02), whichever occurs later, replace
the support fittings of all A/C outlet extrusions between BS 360 and
BS 907 with new, improved support fittings, in accordance with Part
4 of the Accomplishment Instructions of Boeing Special Attention
Service Bulletin 737-25-1544, Revision 1, dated January 16, 2008, or
Boeing Alert Service Bulletin 737-25A1544, Revision 4, dated
February 15, 2022. As of the effective date of this AD, only use
Boeing Alert Service Bulletin 737-25A1544, Revision 4, dated
February 15, 2022, for the actions required by paragraph (h) of this
AD.

(i) Retained Compliance Time for Certain Airplanes With No Changes

    This paragraph restates the compliance time specified in
paragraph (h) of AD 2009-01-02, with no changes. For airplanes on
which Boeing Business Jet (BBJ) lower cabin altitude modification is
incorporated in accordance with Supplemental Type Certificate
ST01697SE: Before the accumulation of 18,000 total flight cycles, or
within 72 months after February 27, 2009 (the effective date of AD
2009-01-02), whichever occurs later, do the actions specified in
paragraphs (g) and (h) of this AD.

(j) New Requirements of This AD

    For Groups 1 through 4 and Group 6 as identified in Boeing Alert
Service Bulletin 737-25A1544, Revision 4, dated February 15, 2022:
Except as specified in paragraph (k) of this AD: At the applicable
time specified in Table 2 of the ``Compliance'' paragraph of Boeing
Alert Service Bulletin 737-25A1544, Revision 4, dated February 15,
2022, do a detailed inspection and a high-frequency eddy current
inspection for cracking of the repaired area at frame BS 907, and do
all applicable repairs before further flight, in accordance with the
Accomplishment Instructions of in Boeing Alert Service Bulletin 737-
25A1544, Revision 4, dated February 15, 2022. Repeat the inspections
thereafter at the applicable time specified in Table 2 of the
``Compliance'' paragraph of Boeing Alert Service Bulletin 737-
25A1544, Revision 4, dated February 15, 2022.

(k) Exceptions to Service Information Specifications

    (1) Where the Compliance Time column of Table 2 in the
``Compliance'' paragraph of Boeing Alert Service Bulletin 737-
25A1544, Revision 4, dated February 15, 2022, uses the phrase ``the
Revision 4 date of this Service Bulletin,'' this AD requires using
``the effective date of this AD.''
    (2) Where Boeing Alert Service Bulletin 737-25A1544, Revision 4,
dated February 15, 2022, specifies contacting Boeing, this AD
requires repair before further flight using a method approved in
accordance with the procedures specified in paragraph (m) of this
AD.
    (3) For airplanes on which Boeing Business Jet Lower Cabin
Altitude Supplemental Type Certificate (STC) ST01697SE (drs.faa.gov/browse/excelExternalWindow/0812969A86AF879B8625766400600105.0001)
(6,500 feet maximum cabin altitude in lieu of 8,000 feet) has been
incorporated, the flight-cycle related compliance times for the
inspections required by paragraph (j) of this AD are different from
those specified in Table 2 of the ``Compliance'' paragraph in Boeing
Alert Service Bulletin 737-25A1544, Revision 4, dated February 15,
2022. All initial compliance times specified in total flight cycles
or flight cycles must be reduced to half of those specified in Table
2 of the ``Compliance'' paragraph in Boeing Alert Service Bulletin
737-25A1544, Revision 4, dated February 15, 2022. All repetitive
interval compliance times specified in flight cycles must be reduced
to one-quarter of those specified in Table 2 of the ``Compliance''
paragraph in Boeing Alert Service Bulletin 737-25A1544, Revision 4,
dated February 15, 2022.

(l) Credit for Previous Actions

    (1) This paragraph provides credit for the actions specified in
paragraphs (g) and (h) of this AD, if those actions were performed
before February 27, 2009 (the effective date of AD 2009-01-02) using
Boeing Alert Service Bulletin 737-25-1544, dated October 4, 2006.
    (2) This paragraph provides credit for the actions specified in
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Boeing Special Attention
Service Bulletin 737-25-1544, Revision 2, dated March 23, 2011, or
Boeing Special Attention Service Bulletin 737-25-1544, Revision 3,
dated May 16, 2016.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520, Continued Operational Safety 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
responsible Flight Standards Office, as appropriate. If sending
information directly to the manager of AIR-520, Continued
Operational Safety Branch, send it to the attention of the person
identified in paragraph (n)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, AIR-
520, Continued Operational Safety Branch, FAA, to make those
findings. To be approved, the repair method, modification deviation,
or alteration deviation must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
    (4) AMOCs approved for AD 2009-01-02 are approved as AMOCs for
the corresponding provisions of paragraphs (g) through (i) of this
AD.

(n) Related Information

    (1) For more information about this AD, contact Owen F. Bley-
Male, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone:<PHONE_NUMBER>; email: [email protected].
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (o)(5) and (6) of this AD.

(o) 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
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
    (i) Boeing Alert Service Bulletin 737-25A1544, Revision 4, dated
February 15, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
February 27, 2009 (74 FR 4117, January 23, 2009).
    (i) Boeing Special Attention Service Bulletin 737-25-1544,
Revision 1, dated January 16, 2008.
    (ii) [Reserved]
    (5) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; website myboeingfleet.com.
    (6) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, 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, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-20507 Filed 9-22-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Notices]
[Pages 61796-61798]
[FR Doc No: 2021-24325]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93506; File No. SR-PEARL-2021-35]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
of Amendment No. 1 and Order Granting Accelerated Approval of a
Proposed Rule Change, as Modified by Amendment No. 1, To Amend Exchange
Rule 2616, Priority of Orders

November 2, 2021.

I. Introduction

    On July 20, 2021, MIAX PEARL, LLC (``MIAX Pearl'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
amend Exchange Rule (``Rule'') 2616, Priority of Orders, to provide
that an order receive a new timestamp when its position is modified via
a Cancel/Replace message during a short sale period. The proposed rule
change was published for comment in the Federal Register on August 6,
2021.\3\ On September 16, 2021, pursuant to Section 19(b)(2) of the
Act,\4\ the Commission designated a longer period within which to
approve the proposed rule change, disapprove the proposed rule change,
or institute proceedings to determine whether to disapprove the
proposed rule change.\5\ On September 28, 2021, the Exchange filed
Amendment No. 1 to the proposed rule change.\6\ The Commission has
received no comments on the proposed rule change. This order provides
notice of the filing of Amendment No. 1 to the proposed rule change,
and grants approval to the proposed rule change, as

modified by Amendment No. 1, on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 92545 (August 2,
2021), 86 FR 43279 (August 6, 2021) (``Notice'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 93024 (September 16,
2021), 86 FR 52704 (September 22, 2021). The Commission designated
November 4, 2021, as the date by which the Commission shall approve
or disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change.
    \6\ In Amendment No. 1, the Exchange amended the proposal to:
(1) Provide additional explanation and rationale for the proposed
rule change; (2) describe how the proposed rule change should have
minimal impact based on past trading activity on the Exchange; (3)
enhance statements concerning each equity member's obligations to
comply with Regulation SHO (17 CFR 242.200 et seq.); and (4) correct
minor typographical errors. Amendment No. 1 is available on the
Commission's website at https://www.sec.gov/comments/sr-pearl-2021-35/srpearl202135-9304453-259866.pdf.
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II. Description of the Proposed Rule Change, as Modified by Amendment
No. 1

    Rule 2616(a)(5) currently provides that, in the event an order has
been cancelled or replaced in accordance with Rule 2614(e), such order
only retains its timestamp if such modification involves a decrease in
the size of the order, a change to the Max Floor of an order with a
Reserve Quantity, or a change in position from (A) sell to sell short;
(B) sell to sell short exempt; (C) sell short to sell; (D) sell short
to sell short exempt; (E) sell short exempt to sell; and (F) sell short
exempt to sell short.\7\ Under the current rule, any other modification
to an order, including an increase in the size of the order and/or
price change, results in such order losing time priority as compared to
other orders in the MIAX Pearl Equities Book and the timestamp for such
order being revised to reflect the time of the modification.\8\
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    \7\ See Rule 2616(a)(5); Notice at 43280.
    \8\ See Rule 2616(a)(5); Notice at 43280.
---------------------------------------------------------------------------

    The Exchange has proposed to amend Rule 2616(a)(5) such that an
order resting on the MIAX Pearl Equities trading platform that is
modified via a Cancel/Replace message,\9\ in accordance with Rule
2614(e), to change its position in one of the ways enumerated in Rule
2616(a)(5) would retain its timestamp only if the position change
occurs when a short sale period is not in effect (and there is no
additional modification to the order that would trigger a new
timestamp, such as an increase in size or price change).\10\ As a
result, unlike under the current rule, under proposed Rule 2616(a)(5)
an order that is modified via a Cancel/Replace message, in accordance
with Rule 2614(e), to change its position as enumerated in Rule
2616(a)(5) would receive a new timestamp when the position change
occurs during a short sale period, even if, for example, the order's
price remains unchanged.\11\ Such modification to an order during a
short sale period would result in the order losing time priority
compared to other orders in the MIAX Pearl Equities Book and the
timestamp for such order being revised to reflect the time of the
modification.\12\
---------------------------------------------------------------------------

    \9\ As discussed below, the Exchange proposes to replace the
phrase ``cancelled or replaced'' in Rule 2616(a)(5) with the phrase
``modified via a Cancel/Replace message.''
    \10\ See proposed Rule 2616(a)(5); Notice at 43280. See also
Rule 2614(g)(3)(A) (stating that a short sale period is the time
when ``a short sale price test restriction under Rule 201 of
Regulation SHO'' is in effect); 17 CFR 242.201.
    \11\ See proposed Rule 2616(a)(5); Notice at 43280.
    \12\ See proposed Rule 2616(a)(5); Notice at 43280.
---------------------------------------------------------------------------

    The Exchange states that this proposed rule change stems from
changes to the underlying technology for its re-pricing processes for
the displayed and non-displayed portions of an order with a Reserve
Quantity,\13\ which, in turn, impacted how its system determines
whether a short sale order must be re-priced to comply with Regulation
SHO.\14\ The Exchange further states that, due to these technology
changes and the interaction and technological complexity of its
system's order re-pricing processes, this proposal would entail
adjusting the Exchange's re-pricing process to re-evaluate an order for
execution when the order's position is modified, via a Cancel/Replace
message, during a short sale period and there is no corresponding
change to the order's price.\15\ This, according to the Exchange, would
result in the order receiving a new timestamp, including where the
order's price remains unchanged.\16\ According to the Exchange, it has
proposed this rule change in an abundance of caution to reinforce the
reliability, resiliency, and continued operation of its system and
underlying technology.\17\
---------------------------------------------------------------------------

    \13\ See Amendment No. 1, at 3.
    \14\ See id. at 3-4. See also 17 CFR 242.201; Rule 2614(g)(3)(C)
(setting forth the Exchange's short sale price sliding process).
    \15\ See Amendment No. 1, at 4-5. The Exchange states that,
currently, an order is not re-evaluated for execution when its
position is modified unless the order receives a new price. See id.
at 5 n.7.
    \16\ Id. at 4-5.
    \17\ Id.
---------------------------------------------------------------------------

    In addition, the Exchange states that the proposed rule change is
designed to address a discrete and potentially limited scenario, and
states, by way of example, that between July 1, 2021 and September 7,
2021, there were no position modifications via a Cancel/Replace message
that would have resulted in a new timestamp and loss in priority based
on the proposed functionality, had it been in effect.\18\ Further, the
Exchange states that a change in an order's price or position as well
as an increase in an order's size via a Cancel/Replace message
implicitly result in a new order, and all Exchange equity members
therefore must ensure continued compliance with the order marking and
locate requirements of Regulation SHO, including compliance with
Question 2.6 of the Commission's ``Responses to Frequently Asked
Questions Concerning Regulation SHO.'' \19\
---------------------------------------------------------------------------

    \18\ Id. at 5-6.
    \19\ Id. at 7. See also 17 CFR 242.201; Responses to Frequently
Asked Questions Concerning Regulation SHO, available at: https://www.sec.gov/divisions/marketreg/mrfaqregsho1204.htm.
---------------------------------------------------------------------------

    The Exchange also has proposed to replace the phrase ``cancelled or
replaced'' in Rule 2616(a)(5) with the phrase ``modified via a Cancel/
Replace message,'' so as to clarify within Rule 2616(a)(5) that the
order is being modified, rather than cancelled and replaced with a new
order.\20\ Relatedly, the Exchange has proposed a conforming change to
Rule 2614(e)(3) to add the word ``Cancel'' before the word ``Replace''
to make its rulebook terminology consistent in referring to a ``Cancel/
Replace message.'' \21\ The Exchange states that these proposed changes
do not amend the meaning or operation of either rule.\22\
---------------------------------------------------------------------------

    \20\ See proposed Rule 2616(a)(5); see also Notice at 43280.
    \21\ See proposed Rule 2614(e)(3); see also Notice at 43280.
    \22\ See Notice at 43280.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1, is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\23\ In particular, the
Commission finds that the proposal is consistent with Section 6(b)(5)
of the Act,\24\ which requires, among other things, that the rules of a
national securities exchange be designed 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, and that those
rules not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \23\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \24\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    As discussed above, the Exchange has proposed to amend Rule
2616(a)(5) such that an order resting on the MIAX Pearl Equities
trading platform would receive a new timestamp when the order's
position is modified via a Cancel/Replace message during a short sale
period regardless of whether there is a corresponding change to the
order's price. The Commission believes that this proposal should
facilitate the

Exchange's ability to fulfill its regulatory obligations, particularly
with regard to the operation and resilience of its system and
compliance with Regulation SHO. Moreover, the Exchange has represented,
and assessed historical practices on the Exchange to verify, that it
likely would be an uncommon occurrence for an order to lose time
priority as a result of the change in functionality proposed herein.
Thus, the proposed rule change appears to be designed to implicate a
discrete and limited order book scenario. Further, the Commission
believes that the proposed functionality, in addition to likely being
implicated infrequently, will be fully transparent to market
participants. Lastly, the Commission believes that the proposed change
to Rule 2616(a)(5) to replace the phrase ``cancelled or replaced'' with
the phrase ``modified via a Cancel/Replace message'' and the proposed
conforming change to Rule 2614(e)(3) should enhance the clarity and
consistency of the terminology used in the Exchange's rules, which
should help mitigate the potential for market participant confusion.
    For the reasons discussed above, the Commission finds that this
proposed rule change, as modified by Amendment No. 1, is consistent
with the requirements of the Act because it is designed to prevent
fraudulent and manipulative acts and practices, promote just and
equitable principles of trade, remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
protect investors and the public interest, and is not designed to
permit unfair discrimination.

IV. Solicitation of Comments on Amendment No. 1

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether Amendment No. 1
is consistent with the Act. Comments may be submitted by any of the
following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File No. SR-PEARL-2021-35 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 No. SR-PEARL-2021-35. The file
numbers 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 such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. 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 publicly available. All submissions
should refer to File No. SR-PEARL-2021-35 and should be submitted on or
before November 29, 2021.

V. Accelerated Approval of Proposed Rule Change, as Modified by
Amendment No. 1

    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 1, prior to the thirtieth day
after the date of publication of notice of the amended proposal in the
Federal Register. In Amendment No. 1, the Exchange amended the proposal
to: (1) Provide additional explanation and rationale for the proposed
rule change; (2) describe how the proposed rule change should have
minimal impact based on past trading activity on the Exchange; (3)
enhance statements concerning each equity member's obligations to
comply with Regulation SHO; and (4) correct minor typographical errors.
Amendment No. 1 adds clarity and justification to the proposal, and
does not alter the proposed change in system functionality from what is
set forth in the Notice, which was subject to a full comment period.
Accordingly, the Commission finds good cause, pursuant to Section
19(b)(2) of the Act,\25\ to approve the proposed rule change, as
modified by Amendment No. 1, on an accelerated basis.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\26\ that the proposed rule change (SR-PEARL-2021-35), as modified
by Amendment No. 1, be, and hereby is, approved on an accelerated
basis.
---------------------------------------------------------------------------

    \26\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-24325 Filed 11-5-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Rules and Regulations]
[Pages 20151-20152]
[FR Doc No: 2020-07451]

========================================================================
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.

========================================================================

Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0665; Project Identifier 2019-NE-25-AD; Amendment
39-21107; AD 2020-08-01]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain General Electric Company (GE) CF34-1A, CF34-3A, CF34-3A1, CF34-
3A2, CF34-3B, and CF34-3B1 model turbofan engines. This AD was prompted
by an in-flight failure of a fan blade that led to an in-flight
shutdown. This AD requires removal and replacement of the affected fan
blades. The FAA is issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective May 15, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 15, 2020.

ADDRESSES: For service information identified in this final rule,
contact General Electric Company, GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH, 45215; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>You may view this service information at
the FAA, Engine and Propeller Standards Branch, 1200 District Avenue,
Burlington, MA, 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0665.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0665; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Christopher McGuire, Aerospace
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA, 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain GE CF34-1A,
CF34-3A, CF34-3A1, CF34-3A2, CF34-3B, and CF34-3B1 model turbofan
engines. The NPRM published in the Federal Register on October 15, 2019
(84 FR 55073). The NPRM was prompted by an in-flight failure of a fan
blade that led to an in-flight shutdown. The NPRM proposed to require
removal and replacement of the affected fan blades. The FAA is issuing
this AD to address the unsafe condition on these products.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA considered the comment received. An
individual commenter supported the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed GE Service Bulletin (SB) CF34-BJ S/B 72-0306,
dated September 27, 2017, and GE SB CF34-AL S/B 72-0314, dated
September 27, 2017. GE SB CF34-BJ S/B 72-0306 describes procedures for
removal and replacement of affected fan blades installed on CF34-1A, -
3A, -3A1, -3A2, and -3B model turbofan engines. GE SB CF34-AL S/B 72-
0314 describes procedures for removal and replacement of affected fan
blades installed on CF34-3A1 and -3B1 model turbofan engines. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA also reviewed GE SB CF34-AL S/B 72-0148, Revision 05, dated
July 23, 2015; and GE SB CF34-BJ S/B 72-0123, Revision 04, dated
October 21, 2015. GE SB CF34-AL S/B 72-0148 describes procedures for
repair of fan blades installed on GE CF34-3A1 and -3B1 model turbofan
engines. GE SB CF34-BJ S/B 72-0123 describes procedures for repair of
fan blades installed on GE CF34-1A, -3A, -3A1, -3A2, and -3B model
turbofan engines.

Costs of Compliance

    The FAA estimates that this AD affects 121 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Remove and replace fan blade..........  2 work-hours x $85 per           $11,000         $11,170      $1,351,570
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2020-08-01 General Electric Company: Amendment 39-21107; Docket No.
FAA-2019-0665; Project Identifier 2019-NE-25-AD.

(a) Effective Date

    This AD is effective May 15, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company (GE) CF34-1A, CF34-
3A, CF34-3A1, CF34-3A2, CF34-3B, and CF34-3B1 model turbofan engines
having a fan blade with a part number listed in Planning
Information, paragraph 1.A., of GE Service Bulletin (SB) CF34-AL S/B
72-0314, dated September 27, 2017 or of GE SB CF34-BJ S/B 72-0306,
dated September 27, 2017, and with any serial number listed in
paragraph 4., Appendix A, of GE SB CF34-AL S/B 72-0314 or of GE SB
CF34-BJ S/B 72-0306.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7220, Turbine Engine
Inlet Section.

(e) Unsafe Condition

    This AD was prompted by an in-flight failure of a fan blade that
led to an in-flight shutdown. The FAA is issuing this AD to prevent
failure of the fan blade. The unsafe condition, if not addressed,
could result in failure of one or more engines, loss of thrust
control, and loss of the airplane.

(f) Compliance

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

(g) Required Actions

    Remove the affected fan blades from service within 90 days after
the effective date of this AD and replace with a part eligible for
installation.

(h) Definition

    A part that is eligible for installation is any fan blade other
than those identified by paragraph (c) of this AD or a fan blade
that has been repaired per GE SB CF34-AL S/B 72-0148, Revision 05,
dated July 23, 2015; or GE SB CF34-BJ S/B 72-0123, Revision 04,
dated October 21, 2015.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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 manager of the
certification office, send it to the attention of the person
identified in paragraph (j) of this AD. You may email your request
to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    For more information about this AD, contact Christopher McGuire,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA, 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) General Electric Company (GE) Service Bulletin (SB) CF34-BJ
S/B 72-0306, dated September 27, 2017.
    (ii) GE SB CF34-AL S/B 72-0314, dated September 27, 2017.
    (3) For GE service information identified in this AD, contact
General Electric Company, GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH, 45215; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (4) You may view this service information at FAA, Engine and
Propeller Standards Branch, 1200 District Avenue, Burlington, MA,
01803. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 3, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-07451 Filed 4-9-20; 8:45 am]
 BILLING CODE 4910-13-P


         Maritime
Employment
         Maritime
Employment
                  INJURY AND ILLNESS REPORTING AND RECORDING

The recording and reporting of occupational injuries and illnesses help employers learn of and correct dangerous conditions, and ensure injured or ill employees receive the proper medical attention and/or worker's compensation benefits to which they are entitled. Employers are required to report this information to OSHA on a regular basis, which relies on worker involvement to ensure what is reported is accurate.  Reporting a work-related injury or illness is a core employee right and responsibility.

Terminology You Should Know

An Injury or Illness, defined by 1904.46, is an abnormal condition or disorder. Injuries include cases such as, but are not limited to, a cut, fracture, sprain, or amputation. Illnesses include both acute and chronic illnesses, such as, but not limited to, a skin disease, respiratory disorder, or poisoning.

A Recordable Injury consists of any new, work-related injury or illness that results in loss of consciousness, days away from work, restricted work or transfer to another job, and medical treatment beyond first aid (e.g., hospitalization).  Significant work-related injury or illness diagnosed by a physician or other licensed healthcare professional is also considered recordable.

How Reporting Information is Used

The number of incidents reported by the establishment is used to calculate the rate by industry, type, demographics, and other characteristics at which OSHA-recordable injury or illness occur. This information is used by OSHA to help direct its programs and inform inspectors about where to focus their efforts during inspections to concentrate on the hazards that are hurting workers. Employers can also use this information to implement safety and health programs designed with worker participation at individual workplaces. Analysis of the data is a widely recognized method for discovering workplace safety and health problems and for tracking progress in solving those problems. The records also provide the base data for the Bureau of Labor Statistics Annual Survey of Occupational Injuries and Illnesses, the Nation's primary source of occupational injury and illness data.

   How Workers Play a Role

 Speak up about hazards. Your employer must keep your workplace free of known health and safety hazards.

 Participate in safety discussions and inform your employer of the hazards you anticipate, see or encounter.

 Report an injury or illness, get copies of your medical records and encourage your coworkers to do the same.

 Review work-related injuries and illnesses records to identify where workplace hazards exist.

 Ensure you have received workplace safety and health training, which employers must provide in a language you understand.

 Know and use the appropriate safety equipment that is required for the work you are assigned to perform, such as gloves, hearing protection, or a harness and lifeline for falls.  In most cases, employers must provide personal protective equipment at no cost to workers.


[Federal Register: September 22, 2009 (Volume 74, Number 182)]
[Rules and Regulations]
[Page 48141-48143]
[DOCID:fr22se09-3]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0367; Directorate Identifier 2009-NE-10-AD;
Amendment 39-16023; AD 2009-19-06]
RIN 2120-AA64

Airworthiness Directives; Teledyne Continental Motors O-470, IO-
470, TSIO-470, IO-520, TSIO-520, IO-550, and IOF-550 Series
Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Teledyne Continental Motors (TCM) O-470, IO-470, TSIO-470, IO-520,
TSIO-520, IO-550, and IOF-550 series reciprocating engines with TCM EQ3
cylinders installed. This AD requires initial and repetitive visual
inspections of TCM EQ3 cylinders for cracks. This AD also requires
removal of all EQ3 cylinders as terminating action to the repetitive
visual inspections. This AD results from reports of 35 EQ3 cylinders
found cracked. We are issuing this AD to prevent loss of engine power
due to cracks in the cylinder head, possible engine failure, and fire
in the engine compartment.

DATES: This AD becomes effective October 7, 2009. The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in the regulations as of October 7, 2009.
    We must receive any comments on this AD by November 23, 2009.

ADDRESSES: Use one of the following addresses to comment on this AD:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: U.S. Docket Management Facility, Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Anthony Holton, Engineer, Propulsion,
Atlanta Aircraft Certification Office, FAA, Small Airplane Directorate,
1701 Columbia Avenue, College Park, Georgia 30337; e-mail
<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
    Contact Teledyne Continental Motors, Inc., PO Box 90, Mobile, AL
36601; telephone<PHONE_NUMBER>, or go to: http://tcmlink.com/
servicebulletins.cfm, for the service information in this AD.

SUPPLEMENTARY INFORMATION: In February 2009, we were made aware by TCM
of reports of 35 EQ3 cylinders found with cracks during inspection.
Cracked cylinders occurred on engines with times ranging from about 430
to 1,300 hours of operation. TCM investigated the cause and discovered
that their EQ3 configuration cylinder head casting tool used in the
cylinder manufacturing process created an area of reduced wall
thickness. This reduced wall thickness can result in a crack in the
area between the upper spark plug bore and the fuel injector/primer
nozzle bore during operation. TCM shipped engines with EQ3 cylinders
and shipped individual EQ3 cylinders from November 1, 2007, through
January 30, 2009. Also, TCM produced a group of about 300 EQ3 cylinders
in August and September of 2006. This condition, if not corrected,
could result in loss of engine power due to cracks in the cylinder
head, possible engine failure, and fire in the engine compartment.

Relevant Service Information

    We have reviewed and approved the technical contents of TCM
Mandatory Service Bulletin (MSB) No. MSB09-1B, dated July 14, 2009.
That MSB describes procedures for initial and repetitive visual
inspections of EQ3 cylinders for cracks, and requires replacing those
cylinders no later than December 31, 2009.

Differences Between This AD and the Service Information

    TCM MSB No. MSB09-1B, dated July 14, 2009, requires that the EQ3
cylinders be identified and initially inspected within the next 20
flight hours, but no later than April 30, 2009. However, this AD
requires the EQ3 cylinders be identified and initially inspected within
20 flight hours after the effective date of this AD. The MSB also
requires that all EQ3 cylinders be removed from service no later than
December 31, 2009. This AD requires that the cylinders be removed from
service within 1,300 hours total time of operation.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or
develop on other TCM O-470, IO-470, TSIO-470, IO-520, TSIO-520, IO-550,
and IOF-550 series reciprocating engines with EQ3 cylinders installed.
For that reason, we are issuing this AD to prevent loss of engine power
due to cracks in the cylinder head, possible engine failure, and fire
in the engine compartment. This AD requires initial and repetitive
visual inspections of all EQ3 cylinders for cracks within 20 flight
hours of the effective date of this AD. This AD also requires
replacement of all EQ3 cylinders within 1,300 hours total time of
operation after the effective date of this AD. You must use the service
information described previously to perform the actions required by
this AD.

FAA's Determination of the Effective Date

    Since an unsafe condition exists that requires the immediate
adoption of this AD, we have found that notice and opportunity for
public comment before issuing this AD are impracticable, and that good
cause exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment; however, we invite you to send us any written relevant data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``AD Docket No. FAA-2009-0367;
Directorate Identifier 2009-NE-10-AD'' in the subject line of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify it.
    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
with FAA personnel concerning this AD. Using the search function of the
Web site, anyone can find and read the comments in any of our dockets,
including, if provided, the name of the individual who sent the comment
(or signed the comment on behalf of an association, business, labor
union, etc.). You may review the DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477-78).

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
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 street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is the same as
the Mail address provided in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

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 have 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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary at the
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Under the authority delegated to me by the Administrator, the
Federal Aviation Administration amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2009-19-06 Teledyne Continental Motors: Amendment 39-16023. Docket
No. FAA-2009-0367; Directorate Identifier 2009-NE-10-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October
7, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Teledyne Continental Motors (TCM) O-470,
IO-470, TSIO-470, IO-520, TSIO-520, IO-550, and IOF-550
reciprocating engine models listed in Table 1 of this AD that have
one or more affected TCM cylinders installed. To identify the
affected cylinders, cross reference the engine models in Table 1 of
this AD with the engine serial numbers found in Tables 1, 1A, 2, and
2A of TCM Mandatory Service Bulletin (MSB) No. MSB09-1B, dated July
14, 2009. Use the tables found in MSB No. MSB09-1B, dated July 14,
2009, to also identify spare EQ3 cylinders by cylinder part number
and cylinder serial number that may have been installed on these
engines.

                     Table 1--Engine Models Affected
------------------------------------------------------------------------

-------------------------------------------------------------------------
O-470-G, K, L, R, S, M, U
IO-470-C, D, E, F, H, L, M, N, S, U, V, VO
TSIO-470-B, C, D
IO-520-A, B, BA, BB, C, CB, D, E, F, J, K, L, M, MB
TSIO-520-AF, B, BB, C, CE, D, DB, E, EB, G, H, J, JB, K, KB, L, LB, M,
 N, NB, P, R, T, UB, VB, WB
IO-550-A, B, C, D, E, F, L
IOF-550-B, C, D, E, F, L
------------------------------------------------------------------------

     (d) These engines are installed on, but not limited to,
Alexandria Aircraft LLC (formerly Bellanca) model 300 Super Viking;
Beech Bonanza 33, 35 and 36 series, Beech Baron 56 and 58 series,
Cessna 180, 182, 188, 205, 206, 207, 210, 303, 310, 320, 402, and
414 model series; Aero Commander 200 and 500; certain Rockwell
(formerly Meyers) Windecker Eagle 200, and Navion airplanes.

Unsafe Condition

    (e) This AD results from reports of 35 EQ3 cylinders found
cracked. We are issuing this AD to prevent loss of engine power due
to cracks in the cylinder head, possible engine failure, and fire in
the engine compartment.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified unless the
actions have already been done.

Identification and Initial Visual Inspection

    (g) Within 20 flight hours after the effective date of this AD,
identify EQ3 cylinders using Step 1 of TCM MSB No. MSB09-1B, dated
July 14, 2009.
    (1) Within 20 flight hours after the effective date of this AD,
for EQ3 cylinders with 400 or more hours total time of operation on
the effective date of this AD, perform an initial visual inspection
of the cylinder for cracks using Step 2, paragraph B, of TCM MSB No.
MSB09-1B, dated July 14, 2009.
    (2) For EQ3 cylinders with fewer than 400 hours total time of
operation on the effective date of this AD, perform an initial
visual inspection of the cylinder for cracks before reaching 400
hours total time of operation, using Step 2, paragraph B, of TCM MSB
No. MSB09-1B, dated July 14, 2009.
    (3) Remove from service before flight, any cylinders found
cracked.

Repetitive Visual Inspections

    (h) Repeat the visual inspections required by this AD every 50
hours of operation. Use Step 2, paragraph B, of TCM MSB No. MSB09-
1B, dated July 14, 2009, to perform the inspection.
    (i) Remove from service before flight, any cylinders found
cracked.

Removal of All EQ3 Cylinders From Service

    (j) Within 1,300 hours total time of operation after the
effective date of this AD, remove all EQ3 cylinders from service.

EQ3 Cylinder Installation Prohibition

    (k) After the effective date of this AD, do not install any EQ3
cylinder onto any engine, or any EQ3 cylinder-equipped engine, onto
any aircraft.

Previous Credit

    (l) Initial visual inspections done before the effective date of
this AD per TCM MSB No. MSB09-1A, dated March 11, 2009, comply with
the initial inspection requirements specified in this AD.

Alternative Methods of Compliance

    (m) The Manager, Atlanta Aircraft Certification Office, has the
authority to approve alternative methods of compliance for this AD
if requested using the procedures found in 14 CFR 39.19.

Special Flight Permits

    (n) Under 14 CFR 39.23, we are limiting the special flight
permits for this AD to engines that have no evidence of fuel or
combustion staining in the cylinder crack location, and for a total
special flight time of 5 hours.

Related Information

    (o) Contact Anthony Holton, Engineer, Propulsion, Atlanta
Aircraft Certification Office, FAA, Small Airplane Directorate, 1701
Columbia Avenue, College Park, Georgia 30337; e-mail
<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>; fax: (404) 474-
5606, for more information about this AD.

Material Incorporated by Reference

    (p) You must use Teledyne Continental Motors Mandatory Service
Bulletin No. MSB09-1B, dated July 14, 2009, to perform the actions
required by this AD. The Director of the Federal Register approved
the incorporation by reference of this service bulletin in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Teledyne
Continental Motors, Inc., PO Box 90, Mobile, AL 36601; telephone
(251) 438-3411, or go to: http://tcmlink.com/servicebulletins.cfm,
for a copy of this service information. You may review copies at the
FAA, New England Region, 12 New England Executive Park, Burlington,
MA; or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call
202-741-6030, or go to: http://www.archives.gov/federal-register/
cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on September 8, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E9-22287 Filed 9-21-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: November 30, 2009 (Volume 74, Number 228)]
[Notices]
[Page 62623-62624]
[DOCID:fr30no09-100]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61041; File No. SR-BX-2009-073]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
$1.00 Strike Program To Allow Low-Strike LEAPS on the Boston Options
Exchange Facility

November 20, 2009.
    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 November 19, 2009, NASDAQ OMX BX, Inc. (the ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the self-regulatory organization. The Exchange filed the
proposed rule change pursuant to Section 19(b)(3)(A) 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 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).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Chapter IV, Section 6 (Series of
Options Contracts Open for Trading) of the Rules of the Boston Options
Exchange Group, LLC (``BOX'') to amend the $1 Strike Price Program. The
text of the proposed rule change is available from the principal office
of the Exchange, at the Commission's Public Reference Room and also on
the Exchange's Internet Web site at http://
nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to expand the $1 Strike
Price Program (``Program'') in a limited fashion to allow BOX to list
new series in $1 intervals up to $5 in long-term option series
(``LEAPS'') in up to 200 option classes on individual stocks.\5\
Currently, under the Program, BOX may not list LEAPS at $1 strike price
intervals for any class selected for the $1 Strike Price Program. BOX
also is restricted from listing any series that would result in strike
prices being $0.50 apart, unless the series are part of the $0.50
Strike Price Program.\6\
---------------------------------------------------------------------------

    \5\ Under the Chapter IV, Section 8 of the BOX Rules LEAPS
expire from 12-39 months from the time they are listed.
    \6\ On October 6, 2009, BOX filed SR-BX-2009-063 for immediate
effectiveness, which filing established a $0.50 Strike Price
Program.
---------------------------------------------------------------------------

    The Exchange believes that this proposal is appropriate and will
allow investors to establish option positions that are better tailored
to meet their investment objectives, vis-[agrave]-vis credit risk,
using deep out-of-the-money put options. Deep out-of-the-money put
options are viewed as a viable, liquid alternative to OTC-traded credit
default swaps (``CDS''). These options do not possess the negative
characteristics associated with CDS, namely, lack of transparency,
insufficient collateral requirements, and inefficient trade processing.
Moreover, deep out-of-the-money put options and CDS are functionally
similar, as there is a high correlation between low-strike put prices
and CDS spreads.
    BOX notes that its proposal is limited in scope, as $1 strikes in
LEAPS may only be listed up to $5 and in only up to 200 option classes.
As is currently the case, BOX would not list series with $1.00
intervals within $0.50 of an existing $2.50 strike price in the same
series. As a result, the Exchange does not believe that this proposal
will cause a significant increase in quote traffic.
    Moreover, as the SEC is aware, BOX has adopted various quote
mitigation strategies in an effort to lessen the growth rate of
quotations. When it expanded the $1 Strike Price Program several months
ago, BOX included a delisting policy that would be applicable with
regard to this proposed expansion.\7\ The Exchange and the other
options exchanges amended the Options Listing Procedures Plan
(``OLPP'') in 2008 to impose a minimum volume threshold of 1,000
contracts national average daily volume per underlying class to qualify
for an additional year of LEAP series.\8\ Most recently, the Exchange,
along with the other options exchanges, amended the OLPP to adopt
objective, exercise price range

limitations applicable to equity option classes, options on ETFs and
options on trust issued receipts.\9\ The Exchange believes that these
price range limitations will have a meaningful quote mitigation impact.
---------------------------------------------------------------------------

    \7\ The delisting policy includes a provision that states BOX
may grant Participant requests to add strikes and/or maintain
strikes in series of options classes traded pursuant to the $1
Strike Price Program that are otherwise eligible for delisting.
    \8\ See SEC Release No. 34-58630 (September 24, 2008), approving
Amendment No. 2 to the OLPP.
    \9\ See SEC Release No. 34-60531 (August 19, 2009), approving
Amendment No. 3 to the OLPP. BOX's proposal to list $1 strikes in
LEAPs to $5 would not be subject to the exercise price range
limitations contained in new paragraph (3)(g)(ii) of the OLPP.
---------------------------------------------------------------------------

    The margin requirements set forth in Chapter XIII of the BOX Rules
and the position and exercise requirements set forth in Chapter III,
Sections 7 through 10 of the BOX Rules will continue to apply to these
new series, and no changes are being proposed to those requirements by
this rule change.
    With regard to the impact on system capacity, BOX has analyzed its
capacity and represents that it and the Options Price Reporting
Authority have the necessary systems capacity to handle the additional
traffic associated with the listing and trading of an expanded number
of series as proposed by this filing.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\10\ in general, and Section
6(b)(5) of the Act,\11\ in particular, in that it is designed to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism for a free and open market and a national market
system and, in general, to protect investors and the public interest.
The Exchange believes that the listing of the $1 strike prices in LEAPS
series will benefit investors by giving them more flexibility to
closely tailor their investment decisions.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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.

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

    The Exchange has neither solicited nor received comments 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: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, if consistent with the
protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). 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, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Commission has waived this requirement in this case.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission hereby grants that request.\14\ The
Commission believes that waiver of the operative delay is consistent
with the protection of investors and the public interest because it
recently approved a proposal from CBOE which is identical to the
current proposal in all material respects and on which no comments were
received.\15\ Therefore, the proposal is operative upon filing.
---------------------------------------------------------------------------

    \14\ 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).
    \15\ See Securities Exchange Act Release No. 60978 (November 10,
2009), 74 FR 59296 (November 17, 2009) (SR-CBOE-2009-068).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2009-073 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-2009-073. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying 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-BX-2009-073 and should be
submitted on or before December 21, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-28471 Filed 11-27-09; 8:45 am]

BILLING CODE 8011-01-P