[Federal Register: March 16, 2010 (Volume 75, Number 50)]
[Notices]
[Page 12590-12591]
[DOCID:fr16mr10-95]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61680; File No. SR-CHX-2009-18]

Self-Regulatory Organizations; The Chicago Stock Exchange, Inc.;
Order Approving a Proposed Rule Change To Amend Its Co-Location Fees

March 10, 2010.

I. Introduction

    On December 22, 2009, the Chicago Stock Exchange, Inc. (``CHX'' 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 relating to charges for co-location services. The
proposed rule change was published for comment in the Federal Register
on January 14, 2010.\3\ The Commission received no comment letters on
the proposal. This order approves the proposed rule change.
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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. 61304 (January 6,
2010), 75 FR 2175 (``Notice'').
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II. Description

    As described more fully in the Notice, CHX states that it makes
space available at its data center for the storage of Participants' and
non-Participants' computer hardware and the maintenance of connections
equipment to the CHX network, services generally referred to as ``co-
location.'' \4\ Since 2004, the Exchange has charged fees for its co-
location services.\5\ These fees cover the physical space associated
with co-locating computer hardware and network equipment on the
Exchange's premises, equipment that generally is used for the
transmission of order and execution messages and market data
information between co-locaters and the Exchange's trading facilities
or other destinations. Charges for space are based upon the number of
``U'' (a commonly accepted unit of measurement of data center space) of
shelf space used to store the equipment. Additionally, CHX charges a
co-location fee for the network connections equipment used to connect
to the CHX network. According to CHX, these charges are intended to
offset, at least in part, the costs borne by the Exchange for rent,
utilities and maintenance of the space occupied by the co-located
equipment.\6\ In its filing, CHX proposes to increase the periodic
charge for co-location of network connections equipment from $50 per
month to $100 per month.
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    \4\ A ``Participant'' means any Participant Firm that holds a
valid Trading Permit and any person associated with a Participant
Firm who is registered with the Exchange under Article VI as a floor
broker, co-specialist or market maker. See CHX Article 1, Rule 1(s).
    \5\ See Securities Exchange Act Release No. 49728 (May 19,
2004), 69 FR 29988 (May 26, 2004) (SR-CHX-2004-15) (establishing
fees for co-located computer hardware and network equipment); see
also Securities Exchange Act Release No. 54657 (October 26, 2006),
71 FR 64590 (November 4, 2006) (SR-CHX-2006-29) (broadening the
scope of such fees).
    \6\ The CHX does not separately charge for the electricity used
to power the Participant's equipment, or rent and other utilities
associated with the space.
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    According to CHX, co-location services are offered on an equal and
non-discriminatory basis. Although the Exchange acknowledges that those
who co-locate would normally expect lower latencies and faster message
turnaround times because of the physical proximity of their equipment
to CHX systems, the Exchange represents that, as far as possible, it
has architected its systems to eliminate or reduce differences between
co-located users and other co-located users, and between co-located
users and non co-located users. Further, CHX notes that Participants
that enter orders through co-located equipment access its network via
the same common connections or gateway as Participants that do not co-
locate.\7\ Finally, the Exchange represents that it has sufficient
space at its data center to accommodate all requests to co-locate
computer equipment and that it will continue to do so for the
foreseeable future. If for some reason the Exchange's capacity were
exceeded, CHX represents that it would file a rule proposal with the
Commission seeking to adopt a fair and neutral policy to accommodate
requests to co-locate.
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    \7\ This description applies equally to both inbound messages
(e.g., new orders) and outbound messages (e.g., execution reports).
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III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\8\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\9\ which requires that the
rules of a national securities exchange provide for the equitable
allocation of reasonable dues, fees and other charges among its members
and issuers and other persons using its facilities, and with Section
6(b)(5) of the Act,\10\ which requires, among other things, that that
the rules of a national securities exchange be designed 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 not
be designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \8\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that the proposed co-location fees are
reasonable and equitably allocated insofar as they are designed to
offset the Exchange's expenses involved in providing co-location
services and are applied on the same terms to similarly-situated market
participants. In addition, the Commission believes that the co-location
services described in the proposed rule change are not unfairly
discriminatory because: (1) Co-location services are offered to all
interested market participants who request them and pay the appropriate
fees; (2) as represented by CHX, the Exchange has architected its
systems so as to, as much as possible, reduce or eliminate differences
among users of its systems, whether co-located or not; and (3) the
Exchange has stated that it has sufficient space to accommodate new co-
locaters and would file a proposed rule change to adopt a fair and
neutral policy to allocate space should it become limited in the
future.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\11\ that the proposed rule change (SR-CHX-2009-18) be, and hereby
is, approved.
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    \11\ 15 U.S.C. 78s(b)(2).

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-5659 Filed 3-15-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41621-41622]
[FR Doc No: 2020-14928]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4546-DR; Docket ID FEMA-2020-0001]

Alabama; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security (DHS).

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Alabama (FEMA-4546-DR), dated May 21, 2020,
and related determinations.

DATES: The declaration was issued May 21, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated May 21, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Alabama resulting from severe storms and flooding during the
period of February 5 to March 6, 2020, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of Alabama.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Terry L. Quarles, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Alabama have been designated as
adversely affected by this major disaster:

    Butler, Chambers, Choctaw, Colbert, Covington, Crenshaw,
Cullman, Dallas, Fayette, Greene, Lamar, Limestone, Macon, Marion,
Perry, Randolph, Tuscaloosa, and Wilcox Counties for Public
Assistance.
    All areas within the State of Alabama are eligible for
assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-14928 Filed 7-9-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Rules and Regulations]
[Pages 39194-39195]
[FR Doc No: 2016-14272]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0476]

Safety Zones, Recurring Marine Events in Captain of the Port Long
Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce four safety zones for fireworks
displays in the Sector Long Island Sound area of responsibility on the
date and time listed in the table below. This action is necessary to
provide for the safety of life on navigable waterways during the
events. During the enforcement periods, no person or vessel may enter
the safety zones without permission of the Captain of the Port (COTP)
Sector Long Island Sound or designated representative.

DATES: The regulation in 33 CFR 165.151 Table 1 will be enforced on the
dates and times listed in the table in the SUPPLEMENTARY INFORMATION
section.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
of enforcement, call or email Petty Officer Jay TerVeen, Waterways
Management Division, U.S. Coast Guard Sector Long Island Sound;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
listed in 33 CFR 165.151 Table 1 on the following dates and times:

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

------------------------------------------------------------------------
6.1 Barnum Festival Fireworks..........   Date: June 25, 2016.
                                          Rain Date: June 26,
                                          2016.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Bridgeport Harbor, Bridgeport,
                                          CT in approximate position
                                          41[deg]9'04'' N.,
                                          073[deg]12'49'' W. (NAD 83).
6.2 Town of Branford Fireworks.........   Date: June 25, 2016.
                                          Rain Date: June 26,
                                          2016.
                                          Time: 9:30 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          Branford Harbor, Branford, CT
                                          in approximate position,
                                          41[deg]15'30'' N.,
                                          072[deg]49'22'' W. (NAD 83).
6.3 Vietnam Veterans/Town of East Haven   Date: June 25, 2016.
 Fireworks.
                                          Rain Date: June 27,
                                          2016.
                                          Time: 9:00 p.m. to
                                          11:00 p.m.
                                          Location: Waters off
                                          Cosey Beach, East Haven, CT in
                                          approximate position,
                                          41[deg]14'19'' N.,
                                          072[deg]52'9.8'' W. (NAD 83).
7.8 Westport Police Athletic League       Date: June 30, 2016.
 Fireworks.
                                          Rain Date: July 01,
                                          2016.
                                          Time: 8:45 p.m. to
                                          10:20 p.m.
                                          Location: Waters off
                                          Compo Beach, Westport, CT in
                                          approximate position,
                                          41[deg]06'15'' N.,
                                          073[deg]20'57'' W. (NAD 83).
------------------------------------------------------------------------

    Under the provisions of 33 CFR 165.151, the fireworks displays
listed above are established as safety zones. During the enforcement
period, persons and vessels are prohibited from entering into,
transiting through, mooring, or anchoring within these safety zones
unless they receive permission from the COTP or designated
representative.
    This notice of enforcement is issued under authority of 33 CFR part
165 and

5 U.S.C. 552(a). In addition to this notice of enforcement in the
Federal Register, the Coast Guard will provide the maritime community
with advance notification of this enforcement period via the Local
Notice to Mariners or marine information broadcasts. If the COTP
determines that these safety zones need not be enforced for the full
duration stated in this notice of enforcement, a Broadcast Notice to
Mariners may be used to grant general permission to enter the regulated
area.

    Dated: June 3, 2016.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2016-14272 Filed 6-15-16; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Notices]
[Page 47016-47017]
[DOCID:fr22au07-101]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-2006-0983; FRL-8143-7]

Pesticide Emergency Exemptions; Agency Decisions and State and
Federal Agency Crisis Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has granted or denied emergency exemptions under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of
pesticides as listed in this notice. The exemptions or denials were
granted during the period October 1, 2006 to December 31, 2006 to
control unforeseen pest outbreaks.

FOR FURTHER INFORMATION CONTACT: See each emergency exemption or denial
for the name of a contact person. The following information applies to
all contact persons: Team Leader, Emergency Response Team, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>.

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. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions discussed above. 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 Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2006-0983. Publicly
available docket materials are available either electronically at
http://www.regulations.gov, or, if only available in hard copy, at the

OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of
this Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket Facility telephone number
is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr.

II. Background

    EPA has granted or denied emergency exemptions to the following
State and Federal agencies. The emergency exemptions may take the
following form: Crisis, public health, quarantine, or specific. EPA has
also listed denied emergency exemption requests in this notice.
    Under FIFRA section 18, EPA can authorize the use of a pesticide
when emergency conditions exist. Authorizations (commonly called
emergency exemptions) are granted to State and Federal agencies and are
of four types:
    1. A ``specific exemption'' authorizes use of a pesticide against
specific pests on a limited acreage in a particular State. Most
emergency exemptions are specific exemptions.
    2. ``Quarantine'' and ``public health'' exemptions are a particular
form of specific exemption issued for quarantine or public health
purposes. These are rarely requested.
    3. A ``crisis exemption'' is initiated by a State or Federal agency
(and is confirmed by EPA) when there is insufficient time to request
and obtain EPA permission for use of a pesticide in an emergency.
    EPA may deny an emergency exemption: If the State or Federal agency
cannot demonstrate that an emergency exists, if the use poses
unacceptable risks to the environment, or if EPA cannot reach a
conclusion that the proposed pesticide use is likely to result in ``a
reasonable certainty of no harm'' to human health, including exposure
of residues of the pesticide to infants and children.
    If the emergency use of the pesticide on a food or feed commodity
would result in pesticide chemical residues, EPA establishes a time-
limited tolerance meeting the ``reasonable certainty of no harm
standard'' of the Federal Food, Drug, and Cosmetic Act (FFDCA).
    In this document: EPA identifies the State or Federal agency
granted the exemption or denial, the type of exemption, the pesticide
authorized and the pests, the crop or use for which authorized, number
of acres (if applicable), and the duration of the exemption. EPA also
gives the Federal Register citation for the time-limited tolerance, if
any.

III. Emergency Exemptions and Denials

A. U. S. States and Territories

Arizona

Department of Agriculture
Specific Exemption:EPA authorized the use of coumaphos in beehives to
control varroa mites and small hive beetles; November 6, 2006 to
February 1, 2007. Contact: Stacey Groce.

California

Environmental Protection Agency, Department of Pesticide Regulation
Specific Exemptions: EPA authorized the use of thiophanate-methyl on
mushroom to control green mold; October 26, 2006 to October 26, 2007.
Contact: Andrea Conrath.
EPA authorized the use of thiabendazole on Brussels sprout, cabbage,
and cauliflower to control black leg disease (Phoma lingam); November
17, 2006 to November 17, 2007. Contact: Stacey Groce.

Colorado

Department of Agriculture
Specific Exemption:EPA authorized the use of clothianidin as a seed
treatment on sugarbeet seeds to control beet leafhopper (beet curly top
virus); December 19, 2006 to July 31, 2007. Contact: Stacey Groce.

Georgia

Department of Agriculture
Specific Exemption:EPA authorized the use of coumaphos in beehives on
December 20, 2006 to control varroa mite and small hive beetle;
Effective February 2, 2007 to February 1, 2008. Contact: Stacey Groce.
Denial: On November 21, 2006 EPA denied the use of pyridalyl on
brassica leafy vegetables to control diamondback moths. This request
was denied because available data indicate that pyridalyl is
persistent, bioaccumulative, and toxic (PBT). The bioaccumulative
potential for pyridalyl exceeds the parameters for EPA's models
designed to assess bioaccumulation. Contact: Andrea Conrath.

Idaho

Department of Agriculture
Specific Exemption:EPA authorized the use of flufenacet, coformulated
with metribuzin, on wheat to control Italian ryegrass or annual
ryegrass (Lolium multiflorum); October 2, 2006 to December 31, 2006.
Contact: Andrew Ertman.

Ohio

Department of Agriculture
Denial: On November 6, 2006 EPA denied the use of s-metolachlor on
leafy greens and herbs to control common purslane and prostrate
pigweed. This request was denied because the situation as described in
the application does not meet the criteria for an emergency because the
Agency was unable to identify the non-routine aspect of the weed
problem on leafy greens and herbs in Ohio. Contact: Andrew Ertman.

Oregon

Department of Agriculture
Specific Exemptions:EPA authorized the use of flufenacet, co-formulated
with metribuzin on wheat to control Italian ryegrass or annual
ryegrass: (Lolium multiflorum); October 2, 2006 to December 31, 2006.
Contact: Andrew Ertman.
EPA authorized the use of thiophanate-methyl on mushrooms to control
green mold (Sclerotinia sclerotiorum); October 26, 2006 to October 26,
2007. Contact: Andrea Conrath.
EPA authorized the use of clothianidin on sugar beets to control beet
leafhopper; December 19, 2006 to July 31, 2007. Contact: Stacey Groce.

Texas

Department of Agriculture
Specific Exemption:EPA authorized the use of dinotefuran on brassica
leafy green vegetables to control white flies; December 18, 2006 to
April 30, 2007. Contact: Andrea Conrath.

Washington

Department of Agriculture
Specific Exemptions:EPA authorized the use of flufenacet co-formulated
with metribuzin on wheat to control Italian ryegrass or annual ryegrass
(Lolium multiflorum); October 2, 2006 to December 31, 2006. Contact:
Andrew Ertman.EPA authorized the use of thiabendazole as a seed
treatment on Brussels sprout, cabbage, and cauliflower seeds to control
black leg disease (Phoma lingam); November 17, 2006 to November 17,
2007. Contact: Stacey Groce.

Wisconsin

Department of Agriculture, Trade, and Consumer Protection
Specific Exemptions:EPA authorized the use of thymol in beehives to
control varroa mites; October 4, 2006 to March 15, 2007. Contact:
Stacey Groce.
EPA authorized the use of anthraquinone on corn seed to control (repel)
sandhill cranes; on November 27, 2006. Effective January 31, 2007 to
October 31, 2007. Contact: Marcel Howard.

Wyoming

Department of Agriculture
Specific Exemption:EPA authorized the use of clothianidin as a seed
treatment on sugar beet seeds to control beet leafhopper (beet curly
top virus); December 19, 2006 to July 31, 2007. Contact: Stacey Groce.

B. Federal Departments and Agencies

Interior Department

Public Health Exemption: EPA authorized the use of sodium hypochlorite
on items potentially contaminated with Bacillus anthracis spores on
reusable equipment such as respirators and other personal protective
equipment, hard non porous surfaces, and wastewater, to inactivate
potential contamination with anthrax spores; December 7, 2006 to March
7, 2007. The Boca Building was closed by the Palm Beach County
Department of Health on October 7, 2001 after two employees were
admitted to the hospital with anthrax. The inside of the building was
fumigated in July 2004, and an environmental clearance sampling was
performed inside the building to verify the effectiveness of the
contamination. Contact: Andrew Ertman.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 9, 2007.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E7-16562 Filed 8-21-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: November 29, 2005 (Volume 70, Number 228)]
[Notices]
[Page 71565-71568]
[DOCID:fr29no05-107]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52823; File No. SR-CBOE-2005-90]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of a Proposed Rule Change To Adopt a
Simple Auction Liaison System To Auction Qualifying Marketable Orders
for Potential Price Improvement

November 22, 2005.
    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 October 26, 2005, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been

prepared by CBOE. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its rules to adopt a Simple Auction
Liaison (``SAL'') system to auction qualifying inbound orders for
potential price improvement. Below is the text of the proposed rule
change. Proposed new language is in italics.

Chicago Board Options Exchange, Incorporated

Rules

* * * * *
Rule 6.13. CBOE Hybrid System's Automatic Execution Feature
    (a) No change.
    (b) Automatic Execution
    (i) Eligibility: Orders eligible for automatic execution through
the CBOE Hybrid System may be automatically executed in accordance with
the provisions of this Rule or in accordance with Rule 6.13A for
classes that have been designated for auction price improvement. This
section governs automatic executions and split-price automatic
executions. The automatic execution and allocation of orders or quotes
submitted by market participants also is governed by Rules 6.45A(c) and
(d).
    (ii)-(iv) No change.
    (c)-(e) No change.
* * * * *

Rule 6.13A Simple Auction Liaison (SAL)

    This Rule governs the operation of the SAL system. SAL is a feature
within the Hybrid System that auctions marketable orders for price
improvement over the NBBO.
    (a) SAL Eligibility. The Exchange, with input from the appropriate
Floor Procedure Committee, shall designate the eligible order size,
eligible order type, eligible order origin code (i.e. public customer
orders, non-market maker broker-dealer orders, and market maker broker-
dealer orders), and classes in which SAL shall be activated. For such
classes, SAL shall automatically initiate an auction process for any
order that is eligible for automatic execution by the Hybrid System
pursuant to Rule 6.13 (``Agency Order''), except when the Exchange's
disseminated quotation contains one or more resting limit orders and
does not contain sufficient Market-Maker quotation size to satisfy the
entire Agency Order.
    (b) SAL Auction. Prior to commencing the auction, SAL shall stop
the Agency Order at the NBBO against Market-Maker quotations displayed
at the NBBO on the opposite side of the market as the Agency Order. SAL
will not allow such quotations to move to an inferior price or size
throughout the duration of the auction. The auction will last for a
period of time not to exceed two (2) seconds as determined by the
Exchange on a class-by-class basis. Auction responses may be submitted
by Market-Makers with an appointment in the relevant option class and
Members acting as agent for orders resting at the top of the Exchange's
book opposite the Agency Order. With respect to responses, the
following shall apply:
    (i) Responses shall not be visible to other auction participants
and shall not be disseminated to OPRA.
    (ii) Responses may be submitted in one-cent increments.
    (iii) Multiple responses are allowed.
    (iv) Responses may be cancelled.
    (v) Responses cannot cross the Exchange's disseminated quotation on
the opposite side of the market.
    (c) Allocation of Agency Orders. Agency Orders may be executed at
multiple prices and shall be executed in two rounds per price point as
follows:
    (i) First Round Allocation. The Agency Order shall first be
allocated at the prevailing price (the ``First Allocation Round'')
between all parties that represented the Exchange's NBBO quotation at
the time the auction commenced (``Original Quoters'') up to the size of
such quotation. During the First Allocation Round, the following shall
apply:
    (1) the Agency Order shall be allocated pursuant to the matching
algorithm in effect for the class pursuant to Rules 6.45A or 6.45B as
appropriate;
    (2) An Original Quoter may only participate in a First Round
Allocation at each execution price up to its size at the NBBO at the
time the auction commenced; and
    (3) If the applicable matching algorithm includes a participation
entitlement, then Market-Makers that qualify for a participation
entitlement at the NBBO price will receive a participation entitlement
if they match the executing auction price(s).
    (ii) Second Allocation Round. If an Agency Order is not fully
executed during the First Allocation Round at a particular price point,
then a Second Allocation Round shall occur. During this round, all
responses received during the auction at the prevailing auction price
that were not eligible for the First Allocation Round shall participate
in accordance with the matching algorithm in effect for the class, and
the size of such responses shall be capped to the size of the Agency
Order for allocation purposes. There shall be no participation right
during the Second Allocation Round.
    (d) Early Termination of Auction. The auction will terminate early
under the following circumstances:
    (i) If the Hybrid System receives an unrelated non-marketable limit
order on the opposite side of the market from the Agency Order that
improves any auction responses, the unrelated order will trade (after
any responses that were priced better than the unrelated order have
traded) to the fullest extent possible at the midpoint of the best
remaining auction response and the unrelated order's limit price
(rounded towards the unrelated order's limit price when necessary).
    (ii) If the Hybrid System receives an unrelated market or
marketable limit order on the opposite side of the market from the
Agency Order, such unrelated order will trade to the fullest extent
possible at the midpoint of the best auction response and the NBBO on
the opposite side of the market from the auction responses (rounded
towards the disseminated quote when necessary).
    (iii) If the Hybrid System receives an unrelated order on the same
side of the market as the Agency Order that is marketable against the
NBBO, then the auction shall conclude and the Agency Order shall trade
against the prevailing responses in accordance with subparagraph (c)
above.
    (iv) Any time there is a quote lock on the Exchange pursuant to
Rule 6.45A(d).
    (v) Any time a response matches the Exchange's disseminated quote
on the opposite side of the market from the response.

. . . Interpretations and Policies

    .01 A pattern or practice of submitting unrelated orders that cause
an exposure period to conclude early will be deemed conduct
inconsistent with just and equitable principles of trade and a
violation of Rule 4.1 and other Exchange Rules.
    .02 Disseminating information regarding auctioned orders to third
parties will be deemed conduct inconsistent with just and equitable
principles of trade and a violation of Rule 4.1 and other Exchange
Rules.
* * * * *

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

    In its filing with the Commission, CBOE included statements
concerning

the purpose of and basis for the proposal and discussed any comments it
received on the proposal. The text of these statements may be examined
at the places specified in Item IV below. CBOE has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to implement SAL, a
price improvement auction system for qualifying inbound orders. SAL is
a feature within CBOE's Hybrid System that auctions marketable orders
for price improvement over the National Best Bid or Offer (``NBBO'').
Thus, orders that would otherwise be automatically executed at CBOE's
NBBO market will be exposed to a brief auction in penny increments for
potential price improvement. SAL would not auction an order if CBOE
were not the NBBO market at the time the order was received. As
proposed, the Exchange would designate the eligible order size (e.g.,
all orders under 100 contracts), eligible order type (e.g., non-
contingency orders), eligible order origin code (e.g., public customer
orders, non-market maker broker-dealer orders, and market maker broker-
dealer orders), and classes in which SAL shall be activated.
    For eligible classes, SAL shall automatically initiate an auction
process for any qualifying order (``Agency Order'') that is eligible
for automatic execution by the Hybrid System except when the Exchange's
disseminated quotation contains one or more resting limit orders and
does not contain sufficient quotation size from CBOE Market-Makers to
satisfy the entire Agency Order. The reason SAL requires sufficient
Market-Maker quote size in the NBBO quote to initiate a SAL auction is
because SAL stops the Agency Order against the Market-Maker quotes. If
CBOE's NBBO price consisted only of resting limit orders, SAL could not
stop the Agency Order against such limit orders because the limit
orders might be cancelled prior to the conclusion of the auction.
    As mentioned above, SAL stops the Agency Order at the NBBO against
Market-Maker quotations displayed at the NBBO on the opposite side of
the market as the Agency Order. In connection with this stop, SAL will
not allow such quotations to move to an inferior price or size
throughout the duration of the auction. The auction will last for a
period of time not to exceed two (2) seconds as determined by the
Exchange. Auction responses may be submitted by Market-Makers with an
appointment in the relevant option class and by CBOE Members acting as
agent for orders resting at the top of the Exchange's book opposite the
Agency Order. With respect to responses, the following shall apply: (i)
Responses shall not be visible to other auction participants and shall
not be disseminated to the Options Price Reporting Authority; (ii)
responses may be submitted in one-cent increments (and not less than
one-cent increments); (iii) multiple responses are allowed; (iv)
responses may be cancelled prior to the conclusion of the auction; and
(v) responses cannot cross the Exchange's disseminated quotation on the
opposite side of the market.
    At the conclusion of the auction period, the Agency Order will be
executed at the best auction response prices and may be executed at
multiple prices if necessary. The allocation of the execution of the
Agency Order shall occur in two rounds at each price point.
Participation in the first round (the ``First Allocation Round'') is
limited to those that constituted the Exchange's NBBO quote (on the
side of the market opposite the Agency Order) at the time the SAL
auction commenced (``Original Quoters''). This is to encourage
aggressive quoting and reward those that set the NBBO market. During
the First Allocation Round, the following shall apply: (i) The Agency
Order shall be allocated pursuant to the matching algorithm in effect
for the class under Rules 6.45A or 6.45B as appropriate; (ii) Original
Quoters may only participate in a First Allocation Round at each
execution price up to their respective size at the NBBO at the time the
auction commenced; and (iii) if the applicable matching algorithm
includes a participation entitlement, then Market-Makers that qualified
for a participation entitlement at the NBBO price will receive a
participation entitlement in a First Allocation Round if they match the
execution price for that round.
    If an Agency Order is not fully executed during the First
Allocation Round, then a second round (``Second Allocation Round'')
shall occur. During this round, all responses received during the
auction at the execution price of the immediately preceding First
Allocation Round that were not eligible for that preceding round shall
participate in accordance with the matching algorithm in effect for the
class. The size of such responses shall be limited to the size of the
Agency Order for allocation purposes. There is no participation right
during the Second Allocation Round.
    The following is an example of a SAL auction: The CBOE market of
1.00-1.10 is the NBBO. The 1.10 offer is for 300 contracts and is
comprised of Market-Maker A for 100 contracts, Market-Maker B for 100
contracts and Market-Maker C for 100 contracts. A qualifying order is
received to buy 100 contracts at 1.10. Instead of automatically
executing the order at 1.10, SAL will auction the order. Assume the
auction timer is set to one second. At the conclusion of the one-second
auction, the following responses were received: Market-Maker A at 1.07
for 10 contracts and at 1.08 for 40 contracts; Market-Maker B at 1.08
for 40 contracts and at 1.09 for 100 contracts; and Market-Maker X at
1.07 for 10 contracts and at 1.08 for 100 contracts. The execution of
the Agency order will proceed as follows: 10 contracts get filled at
1.07 against Market-Maker A, who is an Original Quoter; 10 contracts
get filled at 1.07 against Market-Maker X, who is not an Original
Quoter; and the remaining 80 contracts get filled against Market-Makers
A and B (40 each) at 1.08. Market-Maker X does not participate at 1.08
since it is not an Original Quoter.
    The following situations will cause the auction to conclude early.
First, if the Hybrid System receives an unrelated non-marketable limit
order on the opposite side of the market from the Agency Order that
improves any auction responses, the auction will conclude and the
unrelated order will trade (after any responses that were priced better
than the unrelated order have traded) to the fullest extent possible at
the midpoint of the best remaining auction response and the unrelated
order's limit price (rounded towards the unrelated order's limit price
when necessary). This will allow both the unrelated order and the
Agency Order to obtain price improvement. Second, if the Hybrid System
receives an unrelated market or marketable limit order on the opposite
side of the market from the Agency Order, the auction will conclude and
the unrelated order will trade to the fullest extent possible at the
midpoint of the best auction response and the NBBO on the opposite side
of the market from the auction responses (rounded towards the
disseminated quote when necessary). This also provides price
improvement to both orders. Third, if the Hybrid System receives an
unrelated order on the same side of the market as the Agency Order that
is marketable against the NBBO, then the auction will conclude and the
Agency Order will

trade against the responses at the highest price points. Fourth, the
auction will conclude early any time there is a quote lock on the
Exchange pursuant to Rule 6.45A(d). Fifth, the auction will conclude
early any time a response matches the Exchange's disseminated quote on
the opposite side of the market from the response.
    Lastly, the Exchange seeks to adopt provisions providing that a
pattern or practice of submitting unrelated orders that cause an
auction to conclude early and disseminating information regarding such
orders to third parties will be deemed conduct inconsistent with just
and equitable principles of trade and a violation of CBOE Rule 4.1 and,
potentially, other Exchange Rules.

2. Statutory Basis

    The Exchange believes the proposed rule change is consistent with
section 6(b) of the Act \3\ in general and furthers the objectives of
section 6(b)(5) \4\ in particular in that by swiftly providing
potential price improvement over the NBBO to qualifying inbound orders,
it should promote just and equitable principles of trade, serve to
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.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 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 would
impose any burden on competition that is 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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-CBOE-2005-90 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303. All submissions should refer to File Number
SR-CBOE-2005-90. 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. Copies of the filing also will be available for
inspection and copying at the principal office of CBOE. 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-CBOE-2005-90 and should be
submitted on or before December 20, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
[FR Doc. E5-6656 Filed 11-28-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Proposed Rules]
[Pages 32343-32346]
[FR Doc No: 2019-14285]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0487; Product Identifier 2019-NM-044-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and
-500 series airplanes. This proposed AD was prompted by a report of a
fuel leak resulting from a crack on the left in-spar upper wing skin.
This proposed AD would require repetitive surface high frequency eddy
current (HFEC) inspections of the left and right upper wing skin, and
repetitive general visual inspections of the upper wing skin in the
adjacent rib bay areas for any crack, and applicable on-condition
actions. 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 August 22,
2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this referenced service information at the FAA, Transport
Standards 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 on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0487.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0487; 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, the regulatory evaluation, 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: Payman Soltani, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; 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 the ADDRESSES section. Include ``Docket No. FAA-2019-0487;
Product Identifier 2019-NM-044-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The agency
will consider all comments received by the closing date and may amend
this NPRM because of those comments.
    The FAA will post all comments, without change, to http://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this proposed AD.

Discussion

    The FAA has received an operator report of a fuel leak resulting
from a crack on the left in-spar upper wing skin. The crack was found
at wing buttock line 157, between stringer 4 and stringer 5 and
measured approximately 2.5 inches in length. The crack was caused by
higher local stress than predicted, possibly attributable to fit-up
issues from the rib installation. This condition, if not addressed,
could result in a crack in the upper wing skin growing undetected,
which could result in the inability of the structure to carry limit
load and adversely affect the structural integrity of the airplane.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 737-57A1344 RB,
dated February 18, 2019. The service information describes procedures
for repetitive surface HFEC inspections of the left and right upper
wing skin at wing buttock line 157, between stringer 4 and stringer 5,
and repetitive general visual inspections of the upper wing skin in the
adjacent rib bay areas for any crack, and applicable on-condition
actions. On-condition actions include repair.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    The FAA is proposing this AD because the agency evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.

Proposed AD Requirements

    This proposed AD would require accomplishment of the actions
identified in Boeing Alert Requirements Bulletin 737-57A1344 RB, dated
February 18, 2019, 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 http://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0487.

Explanation of Requirements Bulletin

    The FAA worked in conjunction with industry, under the
Airworthiness Directive Implementation Aviation Rulemaking Committee
(AD ARC), to enhance the AD system. One enhancement is a process for
annotating which steps in the service information are ``required for
compliance'' (RC) with an AD. Boeing has implemented this RC concept
into Boeing service bulletins.
    In an effort to further improve the quality of ADs and AD-related
Boeing service information, a joint process improvement initiative was
worked between the FAA and Boeing. The initiative resulted in the
development of a new process in which the service information more
clearly identifies the actions needed to address the unsafe condition
in the ``Accomplishment Instructions.'' The new process results in a
Boeing Requirements Bulletin, which contains only the actions needed to
address the unsafe condition (i.e., only the RC actions).

Costs of Compliance

    The FAA estimates that this proposed AD affects 160 airplanes of
U.S. registry. The agency 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
----------------------------------------------------------------------------------------------------------------
HFEC Inspection and General        1 work-hour x $85                $0  $85 per inspection   $13,600 per
 Visual Inspection.                 per hour = $85 per                   cycle.               inspection cycle.
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition repair 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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

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) 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.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

The Boeing Company: Docket No. FAA-2019-0487; Product Identifier
2019-NM-044-AD.

(a) Comments Due Date

    The FAA must receive comments by August 22, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any
category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report of a fuel leak resulting from a
crack on the left in-spar upper wing skin. The FAA is issuing this
AD to address cracks in the upper wing skin, which could grow
undetected. This condition, if not addressed, could result in the
inability of the structure to carry limit load and adversely affect
the structural integrity of the airplane.

(f) Compliance

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

(g) Required Actions for Group 1 Airplanes

    For airplanes identified as Group 1 in Boeing Alert Requirements
Bulletin 737-57A1344 RB, dated February 18, 2019: Within 120 days
after the effective date of this AD, do a surface high frequency
eddy current (HFEC) inspection of the left and right upper wing skin
and a general visual inspection of the upper wing skin in the
adjacent rib bay areas for any crack, and do applicable on-condition
actions, using a method approved in accordance with the procedures
specified in paragraph (j) of this AD.

(h) Required Actions for Groups 2 and 3 Airplanes

    Except as specified by paragraph (i) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 737-57A1344 RB, dated February 18, 2019,
do all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
737-57A1344 RB, dated February 18, 2019.

    Note 1 to paragraph (h): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
737-57A1344, dated February 18, 2019, which is referred to in Boeing
Alert Requirements Bulletin 737-57A1344 RB, dated February 18, 2019.

(i) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Requirements Bulletin 737-57A1344 RB,
dated February 18, 2019, uses the phrase ``the original issue date
of Requirements Bulletin 737-57A1344 RB,'' this AD requires using
``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 737-57A1344 RB,
dated February 18, 2019, specifies contacting Boeing for repair
instructions: This AD requires doing the repair using a method
approved in accordance with the procedures specified in paragraph
(j) of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO 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 (k)(1) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any inspection, 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, Los Angeles ACO Branch, FAA, to make
those findings. To be approved, the inspection, repair method,
modification deviation, or alteration deviation must meet the
certification basis of the airplane, and the approval must
specifically refer to this AD.

(k) Related Information

    (1) For more information about this AD, contact Payman Soltani,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5313; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) 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>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on June 24, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-14285 Filed 7-5-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 27, 2007 (Volume 72, Number 38)]
[Notices]
[Page 8720]
[DOCID:fr27fe07-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-416-001]

Northwest Pipeline Corporation; Notice of Compliance Filing

February 21, 2007.
    Take notice that on February 12, 2007, Northwest Pipeline
Corporation (Northwest) tendered for filing as part of its FERC Gas
Tariff, Third Revised Volume No. 1, the following tariff sheets, to
become effective March 1, 2007:

Sixteenth Revised Sheet No. 7.
Original Sheet No. 7-A.
Seventh Revised Sheet No. 50.
Seventh Revised Sheet No. 51.
Sixth Revised Sheet No. 52.
Third Revised Sheet No. 52-A.
Fifth Revised Sheet No. 53.
First Revised Sheet No. 58.
Fifth Revised Sheet No. 322.
Fifth Revised Sheet No. 325.
Fourth Revised Sheet No. 326.
Original Sheet No. 326-A.
Third Revised Sheet No. 327.
Third Revised Sheet No. 328.
First Revised Sheet No. 329.

    Northwest states that the purpose of this filing is to comply with
the Commission's February 5, 2007 order issuing a certificate to
Northwest in Docket No. CP06-416-000.
    Any person desiring to protest this filing must file in accordance
with rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on March 8, 2007.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-3343 Filed 2-26-07; 8:45 am]

BILLING CODE 6717-01-P