[Federal Register: January 25, 2006 (Volume 71, Number 16)]
[Proposed Rules]
[Page 4087-4090]
[DOCID:fr25ja06-27]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2005-0487; FRL-7754-8]

Pesticides: Minimal Risk Tolerance Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: This document proposes to reorganize certain existing
tolerance exemptions. All of these chemical substances were reviewed as
part of the tolerance reassessment process required under the Food
Quality Protection Act of 1996 (FQPA). As a result of that review, 13
chemical substances are now classified as ``minimal risk.'' The Agency
intends to shift the existing tolerance exemptions for these chemicals
to 40 CFR 180.950(e). The Agency is merely moving certain tolerance
exemptions from one section of the CFR to another section: No tolerance
exemptions are lost or added as a result of this action.

DATES: Comments must be received on or before March 27, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0487, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov/.

Follow the on-line instructions for submitting comments.
     Agency Website: http://www.epa.gov/edocket/. EDOCKET,

EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
     E-mail: Comments may be sent by e-mail to
<EMAIL_ADDRESS>Attention: Docket ID number EPA-HQ-OPP-2005-0487.

     Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001, Attention: Docket ID number EPA-HQ-OPP-2005-0487.
     Hand delivery: Public Information and Records Integrity
Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-2005-0487. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
     Instructions: Direct your comments to docket ID number
EPA-HQ-OPP-2005-0487. EPA's policy is that all comments received will
be included in the public docket without change and may be made
available online at http://www.epa.gov/edocket/, including any personal

information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through EDOCKET,
regulations.gov, or e-mail. The EPA EDOCKET and the regulations.gov
websites are anonymous access systems, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit EDOCKET on-line or see the Federal Register of May 31,
2002 (67 FR 38102) (FRL-7181-7).
    Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket/. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hard
copy at the Public Information and Records Integrity Branch (PIRIB),
Rm. 119, Crystal Mall 2, 1801 S. Bell St., Arlington, VA. This
Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Registration Division,
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111)
     Animal production (NAICS code 112)
     Food manufacturing (NAICS code 311)
     Pesticide manufacturing (NAICS code 32532)
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Access Electronic Copies of this Document and Other
Related Information?

    In addition to using EDOCKET (http://www.epa.gov/edocket/), you may

access this Federal Register document electronically through the EPA
Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/.
 A frequently updated electronic version of 40 CFR part 180

is available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

C. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov, or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
    ii. Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What is the Agency's Authority for Taking this Action?

    This proposed rule is issued under section 408 of FFDCA, 21 U.S.C.
346a, as amended by the Food Quality Protection Act of 1996 (FQPA)
(Public Law 104-170). Section 408(e) of FFDCA authorizes EPA to
establish, modify, or revoke tolerances, or exemptions from the
requirement of a tolerance for residues of pesticide chemicals in or on
raw agricultural commodities and processed foods.

III. What Action is the Agency Taking?

    In the Federal Register of May 24, 2002 (67 FR 36534) (FRL-6834-8)
EPA established a new section 180.950 to list the pesticide chemical
substances that are exempted from the requirement of a tolerance based
on the Agency's determination that these chemical substances are of
``minimal risk.'' This proposed rule shifts existing tolerance
exemptions for certain inert ingredients that have been classified by
the Agency as List 4A, ``minimal risk,'' to 40 CFR 180.950(e). The
decision documents supporting the minimal risk, List 4A classification,
are in the docket. Because this action merely moves certain tolerance
exemptions from one section of CFR to another section, it will have no
substantive or procedural effect on the moved tolerance exemptions. No
tolerance exemptions are lost or added as a result of this action.
    The Agency is proposing to shift the following tolerance exemptions
to 40 CFR 180.950(e):
     From 40 CFR 180.910: Ascorbic acid (CAS Reg, No. 50-1-7);
beeswax; carnauba wax; glycerol; isopropyl alcohol; soap (sodium or
potassium salts of fatty acids); sodium benzoate; sodium bicarbonate;
sorbitol; and sperm oil conforming to 21 CFR 172.210;
     From 40 CFR 180.920: Vanillin
     From 40 CFR 180.930: Carnauba wax (CAS Reg. No. 8015-86-
9); glycerol(glycerin); isopropyl alcohol; and sodium benzoate
     From 40 CFR 180.940(a): 2-propanol(isopropanol); and
sodium bicarbonate
     From 40 CFR 180.940(b): 2-propanol(isopropanol)
     From 40 CFR 180.940(c): 2-propanol(isopropanol); and
sodium bicarbonate
     One of the exemptions (sorbic acid, and potassium salt)
covers two chemicals. One of the chemicals has been determined to be
List 4A and other List 4B. Another tolerance exemption (potassium
carbonate) covers three chemicals. One of the chemicals has been
determined to be List 4A, and the other two are List 4B. Therefore,
these tolerance exemptions are essentially ``split'' with only the 4A
chemicals to be shifted to 40 CFR 180.950, while the 4B chemicals are
to remain where currently established. Therefore, these two existing
tolerance exemptions are to be revised to specify only the List 4B
chemicals.

IV. Nomenclature Changes

    For most of the chemical substances that are being shifted to 40
CFR 180.950(e), EPA is changing the chemical substance names that were
previously used. The Agency has attempted to identify each of the
listed chemical substances using the Chemical Abstracts Service
Registry Number (CAS No.). The CAS No. provides one of the most
distinct and universally accepted means of identifying chemical
substances. Generally, there will be only one CAS No. per listed
substance. EPA has both broadened and consolidated names to account for
differing terminologies and current usage status. These name changes
are not intended to broaden or narrow the scope of the existing
exemption but rather to define the scope of the exemption more
precisely.

V. Statutory and Executive Order Reviews

    This proposed rule merely re-organizes existing exemptions in 40
CFR part 180. This has no substantive effect and hence causes no
impact. On its own initiative, the Agency is acting under section
408(e) of the FFDCA in shifting these existing tolerance exemptions to
a different section of CFR. Under Executive Order 12866, entitled
Regulatory Planning and Review (58 FR 51735, October 4, 1993) this
action is not a ``significant regulatory action'' subject to review and
by the Office of Management and Budget (OMB). Because the proposed rule
has been exempted from review under Executive Order 12866 due to its
lack of significance, this proposed rule is not subject to Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001). This
proposed rule does not contain any information collections subject to
OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., or impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA) (Public Law 104-4). Nor does it require any special
considerations under Executive Order 12898, entitled Federal Actions to

Address Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994); or OMB review or any
Agency action under Executive Order 13045, entitled Protection of
Children from Environmental Health Risks and Safety Risks (62 FR 19885,
April 23, 1997). This action does not involve any technical standards
that would require Agency consideration of voluntary consensus
standards pursuant to section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d)
(15 U.S.C. 272 note). Pursuant to section 605(b) of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency hereby
certifies that this proposed action will not have significant negative
economic impact on a substantial number of small entities. In addition,
the Agency has determined that this action will not have a substantial
direct effect on 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, as specified
in Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects 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.'' This proposed rule directly regulates growers, food
processors, food handlers and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of the FFDCA. For these same reasons, the Agency
has determined that this proposed rule does not have any ``tribal
implications'' as described in Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' ``Policies that have tribal implications'' is
defined in the Executive Order to include regulations that have
``substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes.'' This proposed rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this proposed rule.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Pesticides and pests, Reporting and recordkeeping requirements.

    Dated: January 12, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR chapter I be amended as
follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 would continue to read as
follows:

    Authority: 21 U.S.C. 321(q), 346(a) and 374

    2. In Sec. 180.910, the table is amended by removing the following
entries: Ascorbic acid (CAS Reg, No. 50-81-7); beeswax; carnauba wax;
glycerol; isopropyl alcohol; soap (sodium or potassium salts of fatty
acids); sodium benzoate; sodium bicarbonate; sorbitol; and sperm oil
conforming to 21 CFR 172.210; and by revising the entry for sorbic acid
(and potassium salt) to read as follows:.

Sec.  180.910  Inert ingredients used pre- and post-harvest; exemptions
from the requirement of a tolerance.

* * * * *

------------------------------------------------------------------------
      Inert Ingredients                 Limits                Uses
------------------------------------------------------------------------
                              * * * * * * *
Sorbic acid (CAS Reg. No. 110- .......................  Preservative for
 44-1).                                                  formulations
                              * * * * * * *
------------------------------------------------------------------------

    3. In Sec. 180.920, the table is amended by removing the entry for
vanillin; and the entry for potassium carbonate is removed and replaced
with two new entries to read as follows:

Sec.  180.920  Inert ingredients used pre-harvest; exemptions from the
requirement of a tolerance.

* * * * *

------------------------------------------------------------------------
      Inert Ingredients                 Limits                Uses
------------------------------------------------------------------------
                              * * * * * * *
Carbonic acid, dipotassium     .......................  Buffering agent
 salt (CAS Reg. No. 584-08-7).
Carbonic acid, dipotassium     .......................   Do.
 salt, trihydrate (CAS Reg.
 No. 18662-52-7).
                              * * * * * * *
------------------------------------------------------------------------

Sec.  180.930  [Amended]

    4. In Sec. 180.930 the table is amended by removing the following
entries: Carnauba wax (CAS Reg. No. 8015-86-9); glycerol(glycerin);
isopropyl alcohol; and sodium benzoate.

Sec.  180.940  [Amended]

    5. In Sec. 180.940, the table in paragraph (a) is amended by
removing the entries for 2-propanol(isopropanol) and sodium
bicarbonate; the table in paragraph (b) is amended by removing the
entry for 2-propanol(isopropanol); and the table in paragraph (c) is
amended by removing the entries for 2-propanol(isopropanol) and sodium
bicarbonate.
    6. In Sec. 180.950, the table in paragraph (e) is amended by adding
alphabetically the following entries to read as follows:

Sec.  180.940  Tolerance exemptions for minimal risk active and inert
ingredients.

* * * * *
    (e) * * *

------------------------------------------------------------------------
                 Chemical Name                         CAS Reg. No.
------------------------------------------------------------------------
*
                              * * * * * * *
Ascorbic acid (vitamin C)......................                  50-81-7
Beeswax........................................                8012-89-3
Benzoic acid, sodium salt......................                 532-32-1
*
                              * * * * * * *
Carnauba wax...................................                8015-86-9
Carbonic acid, monopotassium salt..............                 298-14-6
Carbonic acid, monosodium salt (sodium                          144-55-8
 bicarbonate)..................................
*
                              * * * * * * *
D-Glucitol (sorbitol)..........................                  50-70-4
Glycerol (glycerin) (1,2,3-propanetriol).......                  56-81-5
*
                              * * * * * * *
2-Propanol (isopropyl alcohol).................                  67-63-0
*
                              * * * * * * *
Soap (The water soluble sodium or potassium                         None
 salts of fatty acids producted by either the
 saponification of fats and oils, or the
 neutralization of fatty acid..................
Sorbic acid, potassium salt....................               24634-61-5
Sperm oil......................................                8002-24-2
*
                              * * * * * * *
Vanillin.......................................                 121-33-5
------------------------------------------------------------------------

[FR Doc. 06-574 Filed 1-24-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Proposed Rules]
[Pages 41791-41794]
[FR Doc No: 2021-16467]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0611; Project Identifier MCAI-2021-00038-R]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-05-06, which applies to Airbus Helicopters Deutschland GmbH
(Airbus Helicopters) Model EC135P1, EC135P2, EC135P2+, EC135P3,
EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters. AD 2019-05-06
requires replacing the retaining ring, inspecting the hoist cable hook
assembly, and, if necessary, replacing the elastomeric energy absorber.
Since the FAA issued AD 2019-05-06 the design approval holder (DAH) has
designed an updated hook assembly, which, when installed, terminates
the repetitive inspections required by AD 2019-05-06. This proposed AD
would continue to require the actions specified in AD 2019-05-06, and
would also require a modification or replacement of the hoist cable
hook assembly that would terminate the repetitive inspections and
retaining ring replacements, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation by
reference (IBR). 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 September
17, 2021.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material that is proposed for IBR in this AD, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221
8999 000; email<EMAIL_ADDRESS>internet: www.easa.europa.eu. You
may find this IBR material on the EASA website at https://ad.easa.europa.eu. For Goodrich service information identified in this
AD, contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or at https://www.airbus.com/helicopters/services/technical-support.html. You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2021-0611.

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-2021-
0611; 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. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jacob Fitch, Aerospace Engineer, COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
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-2021-0611; Project Identifier
MCAI-2021-00038-R'' 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
this 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
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposal.

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 Jacob Fitch, Aerospace
Engineer, COS Program Management Section, Operational Safety Branch,
Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>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 2019-05-06, Amendment 39-19588 (84 FR 8961, March
13, 2019) (AD 2019-05-06), which applies to Airbus Helicopters Model
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and
EC135T3 helicopters. AD 2019-05-06 requires replacing the retaining
ring, inspecting the hoist cable hook assembly, and, if necessary,
replacing the elastomeric energy absorber. The FAA issued AD 2019-05-06
to address detachment of a hook assembly from an external mounted hoist
cable resulting in in-flight failure of the hoist assembly, which could
result in injury to persons being lifted.

Actions Since AD 2019-05-06 Was Issued

    Since the FAA issued AD 2019-05-06, the DAH has designed an updated
hook assembly, which, when installed terminates the repetitive
inspections required by AD 2019-05-06.
    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0011, dated January 12, 2021
(EASA AD 2021-0011) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for Airbus Helicopters Deutschland GmbH (AHD) (formerly Eurocopter
Deutschland GmbH, Eurocopter Espa[ntilde]a S.A.) Model EC135P1,
EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3,
EC635P2+, EC635P3, EC635T1, EC635T2+ and EC635T3 helicopters, all
serial numbers up to 1276 inclusive. Model EC635P2+, EC635P3, EC635T1,
EC635T2+, and EC635T3 helicopters are not certificated by the FAA and
are not included on the U.S. type certificate data sheet except where
the U.S. type certificate data sheet explains that the Model EC635T2+
helicopter having serial number 0858 was converted from Model EC635T2+
to Model EC135T2+; this proposed AD therefore does not include those
helicopters in the applicability.
    This proposed AD was prompted by a report that a hook detached from
the hoist cable. The FAA is proposing this AD to address detachment of
a hook from a hoist cable resulting in in-flight failure of the hoist,
which could result in injury to persons being lifted. See the MCAI for
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0011 specifies procedures for replacing the retaining
ring; inspecting the hoist cable hook assembly; replacing the
elastomeric energy absorber; and modifying the hoist cable hook
assembly or replacing an affected hoist with a serviceable hoist, which
terminates the repetitive inspections and replacements.
    This proposed AD also requires Goodrich Service Bulletin No. 44301-
10-17, Revision 4, dated July 26, 2017, which the Director of the
Federal Register approved for incorporation by reference as of April
17, 2019 (84 FR 8961).
    This material 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

    Airbus Helicopters has issued Alert Service Bulletin No. ASB EC135-
85A-069, Revision 0, dated August 2, 2017. The service information
describes procedures for inspecting each affected hook assembly,
replacing the retaining ring, and replacing the elastomeric energy
absorber.

FAA's Determination and Requirements of This Proposed AD

    These products have been approved by the aviation authority of
another country, and are approved for operation in the United States.
Pursuant to the bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD after evaluating all the
relevant information and determining the unsafe condition described
previously is likely to exist or develop in other products of these
same type designs.

Proposed AD Requirements

    This proposed AD would require replacing the retaining ring,
inspecting the hoist cable hook assembly, and, if necessary, replacing
the elastomeric energy absorber. This proposed AD would also require
accomplishing the actions specified in EASA AD 2021-0011 described
previously, as incorporated by reference, except for any differences
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2021-0011
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2021-0011 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2021-0011 that is required for compliance with EASA AD 2021-
0011 will be available on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0611 after the FAA
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 341 helicopters of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained inspections and          0.50 work-hour x    Minimal...........  $42.50, per         Up to $14,492.50,
 replacements of the retaining     $85 per hour =                          inspection cycle.   per inspection
 ring from AD                      $42.50.                                                     cycle
 2019[dash]05[dash]06.
New proposed modification.......  1 work-hour x $85   Negligible........  $85...............  $28,985
                                   per hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition replacement of the elastomeric energy absorber that would be
required based on the results of any required inspections. The FAA has
no way of determining the number of helicopters that might need this
on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
0.50 work-hour x $85 per hour = $42.50          $2,152        $2,194.50
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators. The FAA does not control warranty
coverage for affected operators. As a result, the FAA has included all
known costs in the cost estimate.

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 determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) 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) 2019-05-06, Amendment 39-19588
(84 FR 8961, March 13, 2019); and
0
b. Adding the following new AD:

Airbus Helicopters Deutschland GmbH: Docket No. FAA-2021-0611;
Project Identifier MCAI-2021-00038-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 17, 2021.

(b) Affected ADs

    This AD replaces AD 2019-05-06, Amendment 39-19588 (84 FR 8961,
March 13, 2019) (AD 2019-05-06).

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and
EC135T3 helicopters, all serial numbers up to 1276 inclusive,
certificated in any category, with an affected hoist as identified
in European Union Aviation Safety Agency (EASA) AD 2021-0011, dated
January 12, 2021 (EASA AD 2021-0011).

(d) Subject

    Joint Aircraft System Component (JASC) Code 2500, Cabin
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by a report that a hook detached from the
hoist cable. The FAA is issuing this AD to address detachment of a
hook from a hoist cable resulting in in-flight failure of the hoist,
which could result in injury to persons being lifted.

(f) Compliance

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

(g) Retained Requirements of Paragraph (e) of AD 2019-05-06

    This paragraph restates the requirements of paragraph (e) of AD
2019-05-06 with no changes. For Model EC135P1, EC135P2, EC135P2+,
EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3 helicopters: Within
90 hours time-in-service (TIS) after April 17, 2019 (the effective
date of AD 2019-05-06) and thereafter at intervals not to exceed 180
hours TIS:
    (1) Inspect the hook assembly and determine whether the
elastomeric energy absorber has taken a permanent compression set by
following the Accomplishment Instructions, paragraphs 2.A and 2.B,
of Goodrich Service Bulletin No. 44301-10-17,

Revision 4, dated July 26, 2017 (SB 44301-10-17). If the elastomeric
energy absorber has taken a permanent compression set, replace the
elastomeric energy absorber before the next hoist operation.
    (2) Replace the retaining ring by following the Accomplishment
Instructions, paragraphs 2.D through 2.K, of SB 44301-10-17.

(h) New Requirements

    Except as specified in paragraph (i) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0011.

(i) Exceptions to EASA AD 2021-0011

    (1) Where EASA AD 2021-0011 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Paragraphs (1) and (2) of EASA AD 2021-0011 do not apply to
this AD. The equivalent FAA requirements are specified in paragraph
(g) of this AD.
    (3) The ``Remarks'' section of EASA AD 2021-0011 does not apply
to this AD.
    (4) Where the service information referenced in EASA AD 2021-
0011 specifies to discard certain parts, this AD requires removing
those parts from service.
    (5) Where paragraph (3) of EASA AD 2021-0011 specifies to modify
using ``the instructions of the modification ASB,'' this AD requires
using ``paragraph 3.B.1 and 3.B.2 of the Accomplishment Instructions
of the modification ASB.''
    (6) Where the service information referenced in EASA AD 2021-
0011 specifies to use tooling, equivalent tooling may be used.
    (7) Accomplishing the modification specified in paragraph (3) of
EASA AD 2021-0011 or the replacement specified in paragraph (4) of
EASA AD 2021-0011 terminates the repetitive actions required by
paragraph (g) of this AD.
    (8) Where paragraph (6) of EASA AD 2021-0011 refers to October
25, 2017 (the effective date of EASA AD 2017-0199), this AD requires
using the effective date of this AD; and where paragraph (6) of EASA
AD 2021-0011 specified to do actions ``as required by paragraph (1)
of this [EASA] AD,'' for this AD, do the actions required by
paragraph (g) of this AD.
    (9) Paragraph (7) of EASA AD 2021-0011 does not apply to this
AD. For this AD, for helicopters that do not have an affected hoist
identified in paragraph (c) of this AD installed: As of the
effective date of this AD, do not install an affected hoist
identified in paragraph (c) of this AD on any helicopter.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the helicopter to a location where the
required actions can be done to the helicopter (if the operator
elects to do so), provided the hoist is not used.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 International Validation Branch, send
it to the attention of the person identified in paragraph (l)(5) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    (1) For EASA AD 2021-0011, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (2) For Goodrich service information identified in this AD,
contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax (972) 641-
3775; or at https://www.airbus.com/helicopters/services/technical-support.html.
    (3) You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0611.
    (4) Airbus Helicopters Alert Service Bulletin No. ASB EC135-85A-
069, Revision 0, dated August 2, 2017, which is not incorporated by
reference, contains additional information about the actions
specified in paragraph (g) of this AD.
    (5) For more information about this AD, contact Jacob Fitch,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
    Issued on July 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-16467 Filed 8-2-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16464-16466]
[FR Doc No: 2017-06570]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80338]

Order Granting Application by MIAX PEARL, LLC for an Exemption
Pursuant to Section 36(a) of the Exchange Act From the Rule Filing
Requirements of Section 19(b) of the Exchange Act With Respect to
Certain Rules Incorporated by Reference

March 29, 2017.
    MIAX PEARL, LLC (``MIAX PEARL'' or ``Exchange'') has filed with the
Securities and Exchange Commission (``Commission'') an application for
an exemption under Section 36(a)(1) of the Securities Exchange Act of
1934 (``Exchange Act'') \1\ from the rule filing requirements of
Section 19(b) of the Exchange Act \2\ with respect to certain rules of
the Miami International Securities Exchange, LLC (``MIAX Options'' \3\)
that the Exchange seeks to incorporate by reference. Section 36 of the
Exchange Act authorizes the Commission to conditionally or
unconditionally exempt any person,

security, or transaction, or any class thereof, from any provision of
the Exchange Act or rule thereunder, if necessary or appropriate in the
public interest and consistent with the protection of investors.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78mm(a)(1).
    \2\ 15 U.S.C. 78s(b).
    \3\ The Commission notes that MIAX PEARL referred to the Miami
International Securities Exchange, LLC as ``MIAX Options'' in its
application for an exemption under Section 36(a)(1) of the Exchange
Act. See Letter from Deborah L. Carroll, Associate General Counsel,
MIAX PEARL, to Brent J. Fields, Secretary, Commission, dated
February 17, 2017 (``Exemptive Request''). References herein to the
rules of MIAX Options are to the rules of the Miami International
Securities Exchange, LLC.
---------------------------------------------------------------------------

    Both MIAX PEARL and MIAX Options are Participants in the National
Market System Plan Governing the Consolidated Audit Trail (``CAT NMS
Plan'' or ``Plan'').\4\ Each Participant in the CAT NMS Plan is
required to enforce compliance by its members with the provisions of
the Plan by adopting a ``Compliance Rule'' applicable to its
members.\5\ On January 30, 2017, MIAX Options filed a proposed rule
change with the Commission to adopt new Chapter XVII comprising MIAX
Options Rules 1701-1712 (``MIAX Options Compliance Rule'').\6\ On
February 1, 2017, MIAX PEARL filed a proposed rule change with the
Commission to incorporate by reference, in new Chapter XVII of the MIAX
PEARL rulebook, the rules contained in MIAX Options Chapter XVII.\7\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 79318 (November 15,
2016), 81 FR 84696 (November 23, 2016) (``CAT NMS Plan Approval
Order''). All capitalized terms not otherwise defined herein shall
have the meaning ascribed to them in the CAT NMS Plan or CAT NMS
Plan Approval Order.
    \5\ Id. at 84945, 84950.
    \6\ See Securities Exchange Act Release No. 79937 (February 2,
2017), 82 FR 9790 (February 8, 2017).
    \7\ See Securities Exchange Act Release No. 79938 (February 2,
2017), 82 FR 9929 (February 8, 2017). MIAX PEARL and MIAX Options'
proposed rule changes were approved by the Commission on March 15,
2017. See Securities Exchange Act Release No. 80256, 82 FR 14526
(March 21, 2017).
---------------------------------------------------------------------------

    MIAX PEARL has requested, pursuant to Rule 0-12 under the Exchange
Act,\8\ that the Commission grant the Exchange an exemption from the
rule filing requirements of Section 19(b) of the Exchange Act for
changes to MIAX PEARL Chapter XVII that are effected solely by virtue
of a change to Chapter XVII of the MIAX Options rules. Specifically,
MIAX PEARL requests that it be permitted to incorporate by reference
changes made to each MIAX Options Compliance Rule that is cross-
referenced in the MIAX PEARL Chapter XVII rules,\9\ without the need
for the Exchange to file separately the same proposed rule changes
pursuant to Section 19(b) of the Exchange Act.\10\ By virtue of these
incorporations by reference, MIAX PEARL members will comply with the
Compliance Rule by complying with the MIAX Options rules referenced in
the MIAX PEARL Chapter XVII rules.\11\ MIAX PEARL does not intend to
incorporate by reference any trading rules. The Exchange states that in
each instance, the Exchange proposes to incorporate by reference
categories of rules (rather than individual rules within a category)
that are regulatory rules. MIAX PEARL will, as a condition of this
exemption, provide written notice to its members whenever MIAX Options
proposes a change to Chapter XVII of its rules.\12\ Such notice will
alert MIAX PEARL members to the proposed rule change and give them an
opportunity to comment on the proposal. MIAX PEARL states that it will
also inform members in writing when the Commission approves any such
proposed changes.\13\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.0-12.
    \9\ MIAX PEARL Chapter XVII states ``the rules contained in MIAX
Options Exchange Chapter XVII, as such rules may be in effect from
time to time (the `Chapter XVII Rules'), are hereby incorporated by
reference into this MIAX PEARL Chapter XVII, and are thus MIAX PEARL
Rules and thereby applicable to MIAX PEARL Members.''
    \10\ See Exemptive Request, supra note 3, at 2-3.
    \11\ Id. at 3.
    \12\ The Exchange states that it will provide such notice on its
Web site in the same section it uses to post its own proposed rule
change filings pursuant to Rule 19b-4(l). In addition, the Exchange
states that its Web site will also include a link to the MIAX
Options Web site where the proposed rule change filings are located.
Id.
    \13\ Id.
---------------------------------------------------------------------------

    The Exchange believes this exemption is appropriate in the public
interest and consistent with the protection of investors because it
will promote more efficient use of the Exchange's and the Commission's
resources by avoiding duplicative rule filings based on simultaneous
changes to identical rules sought by more than one self-regulatory
organization (``SRO''),\14\ and because it will result in the
Exchange's rules being consistent with the relevant cross-referenced
MIAX Options rules at all times, thus ensuring identical regulation of
joint members of MIAX PEARL and MIAX Options with respect to the
incorporated rules.\15\ The Exchange believes that, without such an
exemption, joint members could be subject to two different
standards.\16\
---------------------------------------------------------------------------

    \14\ Id.
    \15\ Id.
    \16\ Id.
---------------------------------------------------------------------------

    The Commission has issued exemptions similar to the Exchange's
request.\17\ In granting one such exemption in 2010, the Commission
repeated a prior, 2004 Commission statement that it would consider
similar future exemption requests from other SROs, provided that:
---------------------------------------------------------------------------

    \17\ See, e.g., Securities Exchange Act Release Nos. 72650 (July
22, 2014), 79 FR 44075 (July 29, 2014) (order granting exemptive
requests from NASDAQ OMX BX, Inc. and the NASDAQ Stock Market LLC
relating to rules of NASDAQ OMX PHLX LLC incorporated by reference);
67256 (June 26, 2012), 77 FR 39277, 39286 (July 2, 2012) (order
approving SR-BX-2012-030 and granting exemptive request relating to
rules incorporated by reference by the BX Options rules); 61534
(February 18, 2010), 75 FR 8760 (February 25, 2010) (order granting
BATS Exchange, Inc.'s exemptive request relating to rules
incorporated by reference by the BATS Exchange Options Market rules)
(``BATS Options Market Order''); 67256 (June 26, 2012), 77 FR 39277,
39286 (July 2, 2012) (order approving SR-BX-2012-030 and granting
exemptive request relating to rules incorporated by reference by the
BX Options rules); and 57478 (March 12, 2008), 73 FR 14521, 14539-40
(March 18, 2008) (order approving SR-NASDAQ-2007-004 and SR-NASDAQ-
2007-080, and granting exemptive request relating to rules
incorporated by reference by The NASDAQ Options Market).
---------------------------------------------------------------------------

     An SRO wishing to incorporate rules of another SRO by
reference has submitted a written request for an order exempting it
from the requirement in Section 19(b) of the Exchange Act to file
proposed rule changes relating to the rules incorporated by reference,
has identified the applicable originating SRO(s), together with the
rules it wants to incorporate by reference, and otherwise has complied
with the procedural requirements set forth in the Commission's release
governing procedures for requesting exemptive orders pursuant to Rule
0-12 under the Exchange Act; \18\
---------------------------------------------------------------------------

    \18\ See 17 CFR 240.0-12 and Securities Exchange Act Release No.
39624 (February 5, 1998), 63 FR 8101 (February 18, 1998)
(``Commission Procedures for Filing Applications for Orders for
Exemptive Relief Pursuant to Section 36 of the Exchange Act; Final
Rule'').
---------------------------------------------------------------------------

     The incorporating SRO has requested incorporation of
categories of rules (rather than individual rules within a category)
that are not trading rules (e.g., the SRO has requested incorporation
of rules such as margin, suitability, or arbitration); and
     The incorporating SRO has reasonable procedures in place
to provide written notice to its members each time a change is proposed
to the incorporated rules of another SRO.\19\
---------------------------------------------------------------------------

    \19\ See BATS Options Market Order, supra note 17 (citing
Securities Exchange Act Release No. 49260 (February 17, 2004), 69 FR
8500 (February 24, 2004) (order granting exemptive request relating
to rules incorporated by reference by several SROs) (``2004
Order'')).
---------------------------------------------------------------------------

    The Commission believes that the Exchange has satisfied each of
these conditions. The Commission also believes that granting the
Exchange an exemption from the rule filing requirements under Section
19(b) of the Exchange Act will promote efficient use of Commission and
Exchange resources by avoiding duplicative rule filings based on
simultaneous changes to identical rule text sought by more than one
SRO.\20\ The Commission therefore finds it appropriate in the public
interest and consistent with the protection of investors to exempt the
Exchange from the rule filing requirements under Section 19(b) of the

Exchange Act with respect to the above-described rules it has
incorporated by reference. This exemption is conditioned upon the
Exchange promptly providing written notice to its members whenever MIAX
Options changes a rule that the Exchange has incorporated by reference.
---------------------------------------------------------------------------

    \20\ See BATS Options Market Order, supra note 17, 75 FR at
8761; see also 2004 Order, supra note 19, 69 FR at 8502.
---------------------------------------------------------------------------

    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act,\21\ that the Exchange is exempt from the rule filing requirements
of Section 19(b) of the Exchange Act solely with respect to changes to
the rules identified in its request that incorporate by reference
certain MIAX Options rules that are the result of changes to such MIAX
Options' rules, provided that the Exchange promptly provides written
notice to its members whenever MIAX Options proposes to change a rule
that the Exchange has incorporated by reference.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78mm.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(76).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-06570 Filed 4-3-17; 8:45 am]
 BILLING CODE 8011-01-P