[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43673-43678]
[FR Doc No: 2016-15757]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78179; File No. 4-700]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17-2; Notice of Filing of Proposed Plan for the Allocation of
Regulatory Responsibilities Between the Financial Industry Regulatory
Authority, Inc. and the Investors' Exchange LLC

June 28, 2016.
    Pursuant to Section 17(d) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 17d-2 thereunder,\2\ notice is hereby given that
on June 20, 2016, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') and the Investors' Exchange LLC (``IEX'') (together with
FINRA, the ``Parties'') filed with the Securities and Exchange
Commission (``Commission'' or ``SEC'') a plan for the allocation of
regulatory responsibilities, dated June 20, 2016 (``17-2 Plan'' or the
``Plan''). The Commission is publishing this notice to solicit comments
on the 17-2 Plan from interested persons.
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    \1\ 15 U.S.C. 78q(d).
    \2\ 17 CFR 240.17-2.
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I. Introduction

    Section 19(g)(1) of the Act,\3\ among other things, requires every
self-regulatory organization (``SRO'') registered as either a national
securities exchange or national securities

association to examine for, and enforce compliance by, its members and
persons associated with its members with the Act, the rules and
regulations thereunder, and the SRO's own rules, unless the SRO is
relieved of this responsibility pursuant to Section 17(d) or Section
19(g)(2) of the Act.\4\ Without this relief, the statutory obligation
of each individual SRO could result in a pattern of multiple
examinations of broker-dealers that maintain memberships in more than
one SRO (``common members''). Such regulatory duplication would add
unnecessary expenses for common members and their SROs.
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    \3\ 15 U.S.C. 78s(g)(1).
    \4\ 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), respectively.
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    Section 17(d)(1) of the Act \5\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\6\ With
respect to a common member, Section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules, and regulations, or to perform other
specified regulatory functions.
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    \5\ 15 U.S.C. 78q(d)(1).
    \6\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975).
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    To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17-2 under the Act.\7\ Rule 17d-1 authorizes the
Commission to name a single SRO as the designated examining authority
(``DEA'') to examine common members for compliance with the financial
responsibility requirements imposed by the Act, or by Commission or SRO
rules.\8\ When an SRO has been named as a common member's DEA, all
other SROs to which the common member belongs are relieved of the
responsibility to examine the firm for compliance with the applicable
financial responsibility rules. On its face, Rule 17d-1 deals only with
an SRO's obligations to enforce member compliance with financial
responsibility requirements. Rule 17d-1 does not relieve an SRO from
its obligation to examine a common member for compliance with its own
rules and provisions of the federal securities laws governing matters
other than financial responsibility, including sales practices and
trading activities and practices.
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    \7\ 17 CFR 240.17d-1 and 17 CFR 240.17-2, respectively.
    \8\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
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    To address regulatory duplication in these and other areas, the
Commission adopted Rule 17-2 under the Act.\9\ Rule 17-2 permits SROs
to propose joint plans for the allocation of regulatory
responsibilities with respect to their common members. Under paragraph
(c) of Rule 17-2, the Commission may declare such a plan effective if,
after providing for appropriate notice and comment, it determines that
the plan is necessary or appropriate in the public interest and for the
protection of investors; to foster cooperation and coordination among
the SROs; to remove impediments to, and foster the development of, a
national market system and a national clearance and settlement system;
and is in conformity with the factors set forth in Section 17(d) of the
Act. Commission approval of a plan filed pursuant to Rule 17-2 relieves
an SRO of those regulatory responsibilities allocated by the plan to
another SRO.
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    \9\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
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II. Proposed Plan

    The proposed 17-2 Plan is intended to reduce regulatory duplication
for firms that are common members of both IEX and FINRA.\10\ Pursuant
to the proposed 17-2 Plan, FINRA would assume certain examination and
enforcement responsibilities for common members with respect to certain
applicable laws, rules, and regulations.
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    \10\ The proposed 17-2 Plan refers to these common members as
``Dual Members.'' See Paragraph 1(c) of the proposed 17-2 Plan.
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    The text of the Plan delineates the proposed regulatory
responsibilities with respect to the Parties. Included in the proposed
Plan is an exhibit (the ``IEX Certification of Common Rules,'' referred
to herein as the ``Certification'') that lists every IEX rule, and
select federal securities laws, rules, and regulations, for which FINRA
would bear responsibility under the Plan for overseeing and enforcing
with respect to IEX members that are also members of FINRA and the
associated persons therewith (``Dual Members'').
    Specifically, under the 17d-2 Plan, FINRA would assume examination
and enforcement responsibility relating to compliance by Dual Members
with the rules of IEX that are substantially similar to the applicable
rules of FINRA,\11\ as well as any provisions of the federal securities
laws and the rules and regulations thereunder delineated in the
Certification (``Common Rules''). In the event that a Dual Member is
the subject of an investigation relating to a transaction on IEX, the
plan acknowledges that IEX may, in its discretion, exercise concurrent
jurisdiction and responsibility for such matter.\12\
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    \11\ See paragraph 1(b) of the proposed 17d-2 Plan (defining
Common Rules). See also paragraph 1(f) of the proposed 17d-2 Plan
(defining Regulatory Responsibilities). Paragraph 2 of the Plan
provides that annually, or more frequently as required by changes in
either IEX rules or FINRA rules, the parties shall review and
update, if necessary, the list of Common Rules. Further, paragraph 3
of the Plan provides that IEX shall furnish FINRA with a list of
Dual Members, and shall update the list no less frequently than once
each calendar quarter.
    \12\ See paragraph 6 of the proposed 17d-2 Plan.
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    Under the Plan, IEX would retain full responsibility for
surveillance and enforcement with respect to trading activities or
practices involving IEX's own marketplace, including, without
limitation, registration pursuant to its applicable rules of associated
persons (i.e., registration rules that are not Common Rules); its
duties as a DEA pursuant to Rule 17d-1 under the Act; and any IEX rules
that are not Common Rules.\13\
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    \13\ See paragraph 2 of the proposed 17d-2 Plan.
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    The text of the proposed 17d-2 Plan is as follows:

AGREEMENT BETWEEN FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. AND
INVESTORS' EXCHANGE LLC PURSUANT TO RULE 17d-2 UNDER THE SECURITIES
EXCHANGE ACT OF 1934

    This Agreement, by and between the Financial Industry Regulatory
Authority, Inc. (``FINRA'') and Investors' Exchange LLC (``IEX''), is
made this 20th day of June, 2016 (the ``Agreement''), pursuant to
Section 17(d) of the Securities Exchange Act of 1934 (the ``Exchange
Act'') and Rule 17d-2 thereunder, which permits agreements between
self-regulatory organizations to allocate regulatory responsibility to
eliminate regulatory duplication. FINRA and IEX may be referred to
individually as a ``party'' and together as the ``parties.''
    WHEREAS, FINRA and IEX desire to reduce duplication in the
examination and surveillance of their Dual Members (as defined herein)
and in the filing and processing of certain registration and membership
records; and
    WHEREAS, FINRA and IEX desire to execute an agreement covering such
subjects pursuant to the provisions of Rule 17d-2 under the Exchange
Act and to file such agreement with the Securities and Exchange
Commission (the ``SEC'' or ``Commission'') for its approval.
    NOW, THEREFORE, in consideration of the mutual covenants contained

hereinafter, FINRA and IEX hereby agree as follows:
    1. Definitions. Unless otherwise defined in this Agreement or the
context otherwise requires, the terms used in this Agreement shall have
the same meaning as they have under the Exchange Act and the rules and
regulations thereunder. As used in this Agreement, the following terms
shall have the following meanings:
    (a) ``IEX Rules'' or ``FINRA Rules'' shall mean: (i) the rules of
IEX, or (ii) the rules of FINRA, respectively, as the rules of an
exchange or association are defined in Exchange Act Section 3(a)(27).
    (b) ``Common Rules'' shall mean IEX Rules that are substantially
similar to the applicable FINRA Rules and certain provisions of the
Exchange Act and SEC rules set forth on Exhibit 1 in that examination
or surveillance for compliance with such provisions and rules would not
require FINRA to develop one or more new examination or surveillance
standards, modules, procedures, or criteria in order to analyze the
application of the provision or rule, or a Dual Member's activity,
conduct, or output in relation to such provision or rule; provided,
however, Common Rules shall not include the application of the SEC, IEX
or FINRA rules as they pertain to violations of insider trading
activities, which is covered by a separate 17d-2 Agreement by and among
BATS Exchange, Inc., BATS Y-Exchange, Inc., Chicago Board Options
Exchange, Inc., Chicago Stock Exchange, Inc., EDGA Exchange, Inc., EDGX
Exchange, Inc., Financial Industry Regulatory Authority, Inc., NASDAQ
OMX BX, Inc., NASDAQ OMX PHLX LLC, the NASDAQ Stock Market LLC,
National Stock Exchange, Inc., New York Stock Exchange LLC, NYSE Amex
LLC, and NYSE Arca Inc., effective December 16, 2011, as may be amended
from time to time.
    (c) ``Dual Members'' shall mean those IEX members that are also
members of FINRA and the associated persons therewith.
    (d) ``Effective Date'' shall be the date this Agreement is approved
by the Commission.
    (e) ``Enforcement Responsibilities'' shall mean the conduct of
appropriate proceedings, in accordance with FINRA's Code of Procedure
(the Rule 9000 Series) and other applicable FINRA procedural rules, to
determine whether violations of Common Rules have occurred, and if such
violations are deemed to have occurred, the imposition of appropriate
sanctions as specified under FINRA's Code of Procedure and sanctions
guidelines.
    (f) ``Regulatory Responsibilities'' shall mean the examination
responsibilities, surveillance responsibilities and Enforcement
Responsibilities relating to compliance by the Dual Members with the
Common Rules and the provisions of the Exchange Act and the rules and
regulations thereunder, and other applicable laws, rules and
regulations, each as set forth on Exhibit 1 attached hereto.
    2. Regulatory and Enforcement Responsibilities. FINRA shall assume
Regulatory Responsibilities and Enforcement Responsibilities for Dual
Members. Attached as Exhibit 1 to this Agreement and made part hereof,
IEX furnished FINRA with a current list of Common Rules and certified
to FINRA that such rules that are IEX Rules are substantially similar
to the corresponding FINRA Rules (the ``Certification''). FINRA hereby
agrees that the rules listed in the Certification are Common Rules as
defined in this Agreement. Each year following the Effective Date of
this Agreement, or more frequently if required by changes in either the
rules of IEX or FINRA, IEX shall submit an updated list of Common Rules
to FINRA for review which shall add IEX Rules not included in the
current list of Common Rules that qualify as Common Rules as defined in
this Agreement; delete IEX Rules included in the current list of Common
Rules that no longer qualify as Common Rules as defined in this
Agreement; and confirm that the remaining rules on the current list of
Common Rules continue to be IEX Rules that qualify as Common Rules as
defined in this Agreement. Within 30 days of receipt of such updated
list, FINRA shall confirm in writing whether the rules listed in any
updated list are Common Rules as defined in this Agreement.
Notwithstanding anything herein to the contrary, it is explicitly
understood that the term ``Regulatory Responsibilities'' does not
include, and IEX shall retain full responsibility for (unless otherwise
addressed by separate agreement or rule) (collectively, the ``Retained
Responsibilities'') the following:
    (a) surveillance, examination, investigation and enforcement with
respect to trading activities or practices involving IEX's own
marketplace for rules that are not Common Rules;
    (b) registration pursuant to its applicable rules of associated
persons (i.e., registration rules that are not Common Rules);
    (c) discharge of its duties and obligations as a Designated
Examining Authority pursuant to Rule 17d-1 under the Exchange Act; and
    (d) any IEX Rules that are not Common Rules, except for IEX Rules
for IEX Services LLC as provided in paragraph 6.
    3. Dual Members. Prior to the Effective Date, IEX shall furnish
FINRA with a current list of Dual Members, which shall be updated no
less frequently than once each quarter.
    4. No Charge. There shall be no charge to IEX by FINRA for
performing the Regulatory Responsibilities and Enforcement
Responsibilities under this Agreement except as otherwise agreed by the
parties, either herein or in a separate agreement.
    5. Applicability of Certain Laws, Rules, Regulations or Orders.
Notwithstanding any provision hereof, this Agreement shall be subject
to any statute, or any rule or order of the Commission. To the extent
such statute, rule or order is inconsistent with this Agreement, the
statute, rule or order shall supersede the provision(s) hereof to the
extent necessary for them to be properly effectuated and the
provision(s) hereof in that respect shall be null and void.
    6. Notification of Violations.
    (a) In the event that FINRA becomes aware of apparent violations of
any IEX Rules, which are not listed as Common Rules, discovered
pursuant to the performance of the Regulatory Responsibilities assumed
hereunder, FINRA shall notify IEX of those apparent violations for such
response as IEX deems appropriate.
    (b) In the event that IEX becomes aware of apparent violations of
any Common Rules, discovered pursuant to the performance of the
Retained Responsibilities, IEX shall notify FINRA of those apparent
violations and such matters shall be handled by FINRA as provided in
this Agreement. With respect to apparent violations of IEX Services LLC
FINRA shall not make referrals to IEX pursuant to this paragraph 6.
Such apparent violations shall be processed by, and enforcement
proceedings in respect thereto will be conducted by, FINRA as provided
in this Agreement.
    (c) Apparent violations of Common Rules shall be processed by, and
enforcement proceedings in respect thereto shall be conducted by FINRA
as provided hereinbefore; provided, however, that in the event a Dual
Member is the subject of an investigation relating to a transaction on
IEX, IEX may in its discretion assume concurrent jurisdiction and
responsibility.
    (d) Each party agrees to make available promptly all files, records
and

witnesses necessary to assist the other in its investigation or
proceedings.
    7. Continued Assistance.
    (a) FINRA shall make available to IEX all information obtained by
FINRA in the performance by it of the Regulatory Responsibilities
hereunder with respect to the Dual Members subject to this Agreement.
In particular, and not in limitation of the foregoing, FINRA shall
furnish IEX any information it obtains about Dual Members which
reflects adversely on their financial condition. IEX shall make
available to FINRA any information coming to its attention that
reflects adversely on the financial condition of Dual Members or
indicates possible violations of applicable laws, rules or regulations
by such firms.
    (b) The parties agree that documents or information shared shall be
held in confidence, and used only for the purposes of carrying out
their respective regulatory obligations. Neither party shall assert
regulatory or other privileges as against the other with respect to
documents or information that is required to be shared pursuant to this
Agreement.
    (c) The sharing of documents or information between the parties
pursuant to this Agreement shall not be deemed a waiver as against
third parties of regulatory or other privileges relating to the
discovery of documents or information.
    8. Statutory Disqualifications. When FINRA becomes aware of a
statutory disqualification as defined in the Exchange Act with respect
to a Dual Member, FINRA shall determine pursuant to Sections 15A(g)
and/or Section 6(c) of the Exchange Act the acceptability or continued
applicability of the person to whom such disqualification applies and
keep IEX advised of its actions in this regard for such subsequent
proceedings as IEX may initiate.
    9. Customer Complaints. IEX shall forward to FINRA copies of all
customer complaints involving Dual Members received by IEX relating to
FINRA's Regulatory Responsibilities under this Agreement. It shall be
FINRA's responsibility to review and take appropriate action in respect
to such complaints.
    10. Advertising. FINRA shall assume responsibility to review the
advertising of Dual Members subject to the Agreement, provided that
such material is filed with FINRA in accordance with FINRA's filing
procedures and is accompanied with any applicable filing fees set forth
in FINRA Rules.
    11. No Restrictions on Regulatory Action. Nothing contained in this
Agreement shall restrict or in any way encumber the right of either
party to conduct its own independent or concurrent investigation,
examination or enforcement proceeding of or against Dual Members, as
either party, in its sole discretion, shall deem appropriate or
necessary.
    12. Termination. This Agreement may be terminated by IEX or FINRA
at any time upon the approval of the Commission after one (1) year's
written notice to the other party.
    13. Arbitration. In the event of a dispute between the parties as
to the operation of this Agreement, IEX and FINRA hereby agree that any
such dispute shall be settled by arbitration in Washington, DC in
accordance with the rules of the American Arbitration Association then
in effect, or such other procedures as the parties may mutually agree
upon. Judgment on the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction. Each party acknowledges that
the timely and complete performance of its obligations pursuant to this
Agreement is critical to the business and operations of the other
party. In the event of a dispute between the parties, the parties shall
continue to perform their respective obligations under this Agreement
in good faith during the resolution of such dispute unless and until
this Agreement is terminated in accordance with its provisions. Nothing
in this Section 13 shall interfere with a party's right to terminate
this Agreement as set forth herein.
    14. Notification of Members. IEX and FINRA shall notify Dual
Members of this Agreement after the Effective Date by means of a
uniform joint notice.
    15. Amendment. This Agreement may be amended in writing duly
approved by each party. All such amendments must be filed with and
approved by the Commission before they become effective.
    16. Limitation of Liability. Neither FINRA nor IEX nor any of their
respective directors, governors, officers or employees shall be liable
to the other party to this Agreement for any liability, loss or damage
resulting from or claimed to have resulted from any delays,
inaccuracies, errors or omissions with respect to the provision of
Regulatory Responsibilities as provided hereby or for the failure to
provide any such responsibility, except with respect to such liability,
loss or damages as shall have been suffered by one or the other of
FINRA or IEX and caused by the willful misconduct of the other party or
their respective directors, governors, officers or employees. No
warranties, express or implied, are made by FINRA or IEX with respect
to any of the responsibilities to be performed by each of them
hereunder.
    17. Relief from Responsibility. Pursuant to Sections 17(d)(1)(A)
and 19(g) of the Exchange Act and Rule 17d-2 thereunder, FINRA and IEX
join in requesting the Commission, upon its approval of this Agreement
or any part thereof, to relieve IEX of any and all responsibilities
with respect to matters allocated to FINRA pursuant to this Agreement;
provided, however, that this Agreement shall not be effective until the
Effective Date.
    18. Severability. Any term or provision of this Agreement that is
invalid or unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without rendering invalid or unenforceable the
remaining terms and provisions of this Agreement or affecting the
validity or enforceability of any of the terms or provisions of this
Agreement in any other jurisdiction.
    19. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, and such
counterparts together shall constitute one and the same instrument.
    [Remainder of page intentionally left blank.]
    IN WITNESS WHEREOF, each party has executed or caused this
Agreement to be executed on its behalf by a duly authorized officer as
of the date first written above.

INVESTORS' EXCHANGE LLC

By:--------------------------------------------------------------------

    Name:

    Title:

FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.

By:--------------------------------------------------------------------

    Name:

    Title:

EXHIBIT 1

IEX CERTIFICATION OF COMMON RULES
    IEX hereby certifies that the requirements contained in the rules
listed below for IEX are identical to, or substantially similar to, the
comparable FINRA (NASD) Rules, Exchange Act provision or SEC rule
identified (``Common Rules'').

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                                         FINRA (NASD) Rule, exchange act
                IEX Rule                       provision, SEC Rule
------------------------------------------------------------------------
Rule 2.140 Prohibited Conditions         FINRA Rule 2081 Prohibited
 Relating to Expungement of Customer      Conditions Relating to
 Dispute.                                 Expungement of Customer
                                          Dispute.
Rule 2.160(p) Restrictions on            FINRA Rule 1250(a)(1)-(4)
 Membership--Continuing Education         Continuing Education
 Requirements.                            Requirements.\1\
Rule 2.170(b) and (g) Application        FINRA By-Laws of the
 Procedures for Membership or to become   Corporation, Article IV,
 an Associated Person of a Member .      Section 1(c) Application for
                                          Membership.
Rule 2.240 Fidelity Bonds..............  FINRA Rule 4360 Fidelity
                                          Bonds.\2\
Rule 3.110 Business Conduct of Members   FINRA Rule 2010 Standards of
 [supcaret].                              Commercial Honor and
                                          Principles of Trade.[supcaret]
Rule 3.120 Violations Prohibited \3\     FINRA Rule 2010 Standards of
 [supcaret].                              Commercial Honor and
                                          Principles of Trade [supcaret]
                                          and FINRA Rule 3110
                                          Supervision.
Rule 3.130 Use of Fraudulent Devices     FINRA Rule 2020 Use of
 [supcaret].                              Manipulative, Deceptive or
                                          Other Fraudulent
                                          Devices.[supcaret]
Rule 3.150 Know Your Customer..........  FINRA Rule 2090 Know Your
                                          Customer.
Rule 3.160 Fair Dealing with Customers.  FINRA Rule 2020 Use of
                                          Manipulative, Deceptive or
                                          Other Fraudulent
                                          Device.[supcaret]
Rule 3.170 Suitability.................  FINRA Rule 2111 Suitability.
Rule 3.180(a) The Prompt Receipt and     FINRA Rule 11860 COD Orders.
 Delivery of Securities.
Rule 3.180(b) The Prompt Receipt and     SEA Regulation SHO.
 Delivery of Securities.
Rule 3.190 Charges for Services          FINRA Rule 2122 Charges for
 Performed.                               Services Performed.
Rule 3.200 Use of Information Obtained   FINRA Rule 2060 Use of
 in a Fiduciary Capacity.                 Information Obtained in
                                          Fiduciary Capacity.
Rule 3.210 Publication of Transactions   FINRA Rule 5210 Publication of
 and Quotations.                          Transactions and Quotations.
Rule 3.220 Offers at Stated Prices.....  FINRA Rule 5220 Offers at
                                          Stated Prices.
Rule 3.230 Payments Involving            FINRA Rule 5230 Payments
 Publications that Influence the Market   Involving Publications that
 Price of a Security.                     Influence the Market Price of
                                          a Security.
Rule 3.240 Customer Confirmations......  FINRA Rule 2232(a) Customer
                                          Confirmations and SEC Rule 10b-
                                          10 Confirmation of
                                          Transactions.
Rule 3.250 Disclosure of Control         FINRA Rule 2262 Disclosure of
 Relationship with Issuer.                Control Relationship with
                                          Issuer.
Rule 3.260 Discretionary Accounts......  NASD Rule 2510 Discretionary
                                          Accounts.
Rule 3.270 Improper Use of Customers'    FINRA Rule 2150 Improper Use of
 Securities or Funds; Prohibition         Customers' Securities or
 Against Guarantees and Sharing in        Funds; Prohibition Against
 Accounts.                                Guarantees and Sharing in
                                          Accounts.
Rule 3.280 Communications with the       FINRA Rule 2210 Communications
 Public.                                  with the Public.
Rule 3.290 Customer Disclosures........  FINRA Rule 2265 Extended Hours
                                          Trading Risk Disclosure.
Rule 3.291 Influencing or Rewarding      FINRA Rule 3220 Influencing or
 Employees of Others; Gratuities.         Rewarding Employees of Others.
Rule 3.292 Telemarketing...............  FINRA Rule 3230 Telemarketing.
Rule 4.511 General Requirements........  FINRA Rule 4511 General
                                          Requirements.
Rule 4.512 Customer Account Information  FINRA Rule 4512 Customer
                                          Account Information.
Rule 4.513 Record of Written Customer    FINRA Rule 4513 Record of
 Complaints.                              Written Customer Complaints.
Rule 4.550 Disclosure of Financial       FINRA Rule 2261 Disclosure of
 Condition.                               Financial Condition.
Rule 5.110 Supervision ...............  FINRA Rule 3110 Supervision.
Rule 5.120 Supervisory Control System..  FINRA Rule 3120 Supervisory
                                          Control System.
Rule 5.130 Annual Certification of       FINRA Rule 3130 Annual
 Compliance and Supervisory Processes.    Certification of Compliance
                                          and Supervisory Processes.
Rule 5.160 Anti-Money Laundering         FINRA Rule 3310 Anti-Money
 Compliance Program.                      Laundering Compliance Program.
Rule 5.170 Transactions for or by        NASD Rule 3050 Transactions for
 Associated Persons.                      or by Associated Persons.
Rule 6.120 Failure to Deliver and        Regulation SHO Rules 200 and
 Failure to Receive.                      203.
Rule 6.130(a), (b), (d) and (e)          FINRA Rule 2251 Forwarding of
 Forwarding of Proxy and Other Issuer-    Proxy and Other Issuer-Related
 Related Materials; Proxy Voting.         Materials.
Rule 10.110 Market Manipulation (except  FINRA Rule 6140 Other Trading
 10.110(b)).                              Practices.
Rule 10.110(b) Market Manipulation.....  FINRA Rule 5210 Publication of
                                          Transactions and Quotations,
                                          FINRA Rule 2020 Use of
                                          Manipulative, Deceptive or
                                          Other Fraudulent Devices,
                                          FINRA Rule 2010 Standards of
                                          Commercial Honor and
                                          Principles of Trade, and FINRA
                                          Rule 6140(a) Other Trading
                                          Practices.
Rule 10.120 Fictitious Transactions....  FINRA Rule 6140 Other Trading
                                          Practices and FINRA Rule 5210
                                          Supplementary Material .02
                                          Self-Trades.
Rule 10.130 Excessive Sales By A Member  FINRA Rule 6140 Other Trading
                                          Practices.
Rule 10.140 Manipulative Transactions..  FINRA Rule 6140 Other Trading
                                          Practices.
Rule 10.150 Dissemination of False       FINRA Rule 6140 Other Trading
 Information.                             Practices.
Rule 10.160 Prohibition Against Trading  FINRA Rule 5320 Prohibition
 Ahead of Customer Orders. **.           Against Trading Ahead of
                                          Customer Orders.**
Rule 10.180 Influencing the              FINRA Rule 6140(a) Other
 Consolidated Tape.                       Trading Practices.
Rule 10.190 Trade Shredding............  FINRA Rule 5290 Order Entry and
                                          Execution Practices.
Rule 10.220 Best Execution and           FINRA Rule 5310 Best Execution
 Interpositioning.**.                     and Interpositioning.**
Rule 10.240 Trading Ahead of Research    FINRA Rule 5280 Trading Ahead
 Reports.**.                              of Research Reports.**
Rule 10.260 Front Running of Block       FINRA Rule 5270 Front Running
 Transactions.                            of Block Transactions.
Rule 11.280(e)(3) & (4) Trading Halts    FINRA Rule 6190(a)(1) & (2)
 Due to Extraordinary Market Volatility.  Compliance with Regulation NMS
                                          Plan to Address Extraordinary
                                          Market Volatility.
Rule 11.290 Short Sales \4\ **.........  FINRA Rule 6182 Trade Reporting
                                          of Short Sales.**
------------------------------------------------------------------------
\1\ FINRA shall only have Regulatory Responsibilities to the extent the
  exercise of discretion by IEX is the same as FINRA.
\2\ FINRA shall only have Regulatory Responsibilities to the extent any
  exemption by IEX is the same as FINRA.
\3\ FINRA shall only have Regulatory Responsibilities regarding the
  first phrase of the IEX Rule regarding prohibitions from violating the
  Securities Exchange Act of 1934 and the rules and regulations
  thereunder; responsibility for the remainder of the rule shall remain
  with IEX.
\4\ FINRA shall not have any Regulatory Responsibilities for Rule
  11.290(b) through (d).
In addition, the following provisions shall be part of this 17d-2
  Agreement:

Securities Exchange Act of 1934 (``SEA''):
Section 15(g)
SEA Rules:
 SEA Rule 200 of Regulation SHO--Definition of Short Sales and
  Marking Requirements**
 SEA Rule 201 of Regulation SHO--Circuit Breaker**
 SEA Rule 203 of Regulation SHO--Borrowing and Delivery
  Requirements**
 SEA Rule 204 of Regulation SHO--Close-Out Requirement**
 SEA Rule 101 of Regulation M--Activities by Distribution
  Participants
 SEA Rule 102 of Regulation M--Activities by Issuers and Selling
  Security Holders During a Distribution
 SEA Rule 103 of Regulation M--Nasdaq Passive Market Making
 SEA Rule 104 of Regulation M--Stabilizing and Other Activities
  in Connection with an Offering
 SEA Rule 105 of Regulation M--Short Selling in Connection With
  a Public Offering
 SEA Rule 10b-5 Employment of Manipulative and Deceptive
  Devices[supcaret]
 SEA Rule 17a-3/17a-4--Records to Be Made by Certain Exchange
  Members, Brokers, and Dealers/Records to Be Preserved by Certain
  Exchange Members, Brokers, and Dealers[supcaret]
 FINRA shall not have Regulatory Responsibilities regarding
  notification or reporting to IEX.
[supcaret] FINRA shall not have any Regulatory Responsibilities for
  these rules as they pertain to violations of insider trading
  activities, which is covered by a separate 17d-2 Agreement by and
  among BATS Exchange, Inc., BATS-Y Exchange, Inc., Chicago Board
  Options Exchange, Incorporated, Chicago Stock Exchange, Inc., EDGA
  Exchange Inc., EDGX Exchange Inc., Financial Industry Regulatory
  Authority, Inc., NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC, The NASDAQ
  Stock Market LLC, National Stock Exchange, Inc., New York Stock
  Exchange, LLC, NYSE Amex LLC, and NYSE Arca Inc. effective December
  16, 2011, as may be amended from time to time.
** FINRA shall perform the surveillance responsibilities for the double
  star rules. These rules may be cited by FINRA in both the context of
  this Agreement and the Regulatory Services Agreement.

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

    Pursuant to Section 17(d)(1) of the Act \14\ and Rule 17d-2
thereunder,\15\ after July 20, 2016, the Commission may, by written
notice, declare the plan submitted by IEX and FINRA, File No. 4-700, to
be effective if the Commission finds that the plan is necessary or
appropriate in the public interest and for the protection of investors,
to foster cooperation and coordination among self-regulatory
organizations, or to remove impediments to and foster the development
of the national market system and a national system for the clearance
and settlement of securities transactions and in conformity with the
factors set forth in Section 17(d) of the Act.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78q(d)(1).
    \15\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------

IV. Solicitation of Comments

    In order to assist the Commission in determining whether to approve
the proposed 17d-2 Plan and to relieve IEX of the responsibilities
which would be assigned to FINRA, interested persons are invited to
submit written data, views, and arguments concerning the foregoing.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number 4-700 on the subject line.

Paper Comments

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

All submissions should refer to File Number 4-700. This file number
should be included on the subject line if email is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/other.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the plan also will be available for inspection and
copying at the principal offices of IEX and FINRA. 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 4-700 and should be submitted
on or before July 20, 2016.

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

    \16\ 17 CFR 200.30-3(a)(34).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-15757 Filed 7-1-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 32947-32949]
[FR Doc No: 2015-14092]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0317; FRL-9928-01]

Notice of Receipt of Requests for Amendments To Terminate Uses in
Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of request
for amendments by registrants to terminate uses in certain pesticide
registrations. FIFRA provides that a registrant of a pesticide product
may at any time request that any of its pesticide registrations be
amended to terminate one or more uses. FIFRA further provides that,
before acting on the request, EPA must publish a notice of receipt of
any request in the Federal Register.

DATES: Unless a request is withdrawn by July 10, 2015 for registrations
for which the registrant requested a waiver of the 180-day comment
period, EPA expects to issue orders terminating these uses. The Agency
will consider withdrawal requests postmarked no later than July 10,
2015. Comments must be received on or before July 10, 2015, for those
registrations where the 180-day comment period has been waived.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2015-0317, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001. Written Withdrawal Request, ATTN: Information Technology
and Resources Management Division (7502P).
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Mark Hartman, Information Technology
and Resources Management Division (7502P), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; main telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. Although this
action may be of particular interest to persons who produce or use
pesticides, the Agency has not attempted to describe all the specific
entities that may be affected by this action.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. 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 preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. What action is the agency taking?

    This notice announces receipt by the Agency of applications from
registrants to terminate uses in certain pesticide products registered
under FIFRA section 3 (7 U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)).
These registrations are listed in Table 1 of this unit by registration
number, product name, active ingredient, and specific uses terminated.

              Table 1--Requests for Amendments To Terminate Uses in Certain Pesticide Registrations
----------------------------------------------------------------------------------------------------------------
       EPA Registration No.              Product name        Active ingredient         Use to be terminated
----------------------------------------------------------------------------------------------------------------
1021-2782.........................  Clothianidin           Clothianidin.........  Fruiting Vegetables Crop
                                     Technical.                                    Grouping (CG8) and Low-
                                                                                Growing Berry except
                                                                                Strawberry (CG13-07H) and
                                                                                retain the existing
                                                                                tolerances.
59639-150.........................  V-10170 2.13SC         Clothianidin.........  Fruiting Vegetables Crop
                                     Insecticide.                                  Grouping (CG8) and Low-
                                                                                Growing Berry except
                                                                                Strawberry (CG13-07H) and
                                                                                retain the existing
                                                                                tolerances.
59639-152.........................  Arena 50 WDG           Clothianidin.........  Fruiting Vegetables Crop
                                     Insecticide.                                  Grouping (CG8) and Low-
                                                                                Growing Berry except
                                                                                Strawberry (CG13-07H) and
                                                                                retain the existing
                                                                                tolerances.
59639-173.........................  Clothianidin           Clothianidin.........  Fruiting Vegetables Crop
                                     Technical                                     Grouping (CG8) and Low-
                                     Insecticide.                                  Growing Berry except
                                                                                Strawberry (CG13-07H) and
                                                                                retain the existing
                                                                                tolerances.
90963-1...........................  Nipacide MX..........  Chloroxylenol........  As a preservative for paints,
                                                                                plastics and plastic
                                                                                coatings, thickeners &
                                                                                adhesives/binders. As a
                                                                                disinfectant, sanitizer,
                                                                                deodorizer or antimicrobial
                                                                                agent for application to
                                                                                hard, non-porous surfaces in
                                                                                residential, health-care,
                                                                                institutional, food-
                                                                                processing and industrial
                                                                                facilities including animal
                                                                                housing facilities,
                                                                                veterinary clinics, farms,
                                                                                livestock, swine and poultry
                                                                                houses. As a biocide in oil
                                                                                and gas exploration including
                                                                                enhanced recovery systems,
                                                                                flood water, fracturing
                                                                                fluids and gels, injection
                                                                                waters, pipelines, holding
                                                                                pond water, disposal well
                                                                                water, tubing, pressure
                                                                                vessels and storage tanks. As
                                                                                a biocide in industrial
                                                                                process water systems.
90963-2...........................  Nipacide CMX.........  Chloroxylenol........  As a preservative for paints,
                                                                                plastics and plastic
                                                                                coatings, thickeners &
                                                                                adhesives/binders. As a
                                                                                disinfectant, sanitizer,
                                                                                deodorizer or antimicrobial
                                                                                agent for application to
                                                                                hard, non-porous surfaces in
                                                                                residential, health-care,
                                                                                institutional, food-
                                                                                processing and industrial
                                                                                facilities including animal
                                                                                housing facilities,
                                                                                veterinary clinics, farms,
                                                                                livestock, swine and poultry
                                                                                houses. As a biocide in oil
                                                                                and gas exploration including
                                                                                enhanced recovery systems,
                                                                                flood water, fracturing
                                                                                fluids and gels, injection
                                                                                waters, pipelines, holding
                                                                                pond water, disposal well
                                                                                water, tubing, pressure
                                                                                vessels and storage tanks. As
                                                                                a biocide in industrial
                                                                                process water systems.
----------------------------------------------------------------------------------------------------------------

    Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, EPA expects to issue orders terminating all
of these uses. Users of these pesticides or anyone else desiring the
retention of a use should contact the applicable registrant directly
during this 30-day period.
    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number.

 Table 2--Registrants Requesting Amendments To Terminate Uses in Certain
                         Pesticide Registrations
------------------------------------------------------------------------
          EPA company number                Company name and address
------------------------------------------------------------------------
1021.................................  McLaughlin Gormley King Company,
                                        8810 Tenth Avenue North,
                                        Minneapolis, MN 55427-4319.
59639................................  Valent U.S.A. Corporation, 1600
                                        Riviera Avenue, Suite 200,
                                        Walnut Creek, CA 94596.
90963................................  Ortho-Clinical Diagnostics, Inc.,
                                        Agent Name: Lewis & Harrison,
                                        LLC, 122 C Street NW., Suite
                                        505, Washington, DC 20001.
------------------------------------------------------------------------

III. What is the agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be amended to terminate one or more uses.
FIFRA further provides that, before acting on the request, EPA must
publish a notice of receipt of any such request in the Federal
Register. Thereafter, the EPA Administrator may approve such a request.

IV. Procedures for withdrawal of request

    Registrants who choose to withdraw a request for use termination
must submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before July 10, 2015, for the
requests that the registrants requested to waive the 180-day comment
period. This written withdrawal of the request for use termination will
apply only to the applicable FIFRA section 6(f)(1) request listed in
this notice. If the products have been subject to a previous use
termination action, the effective date of termination and all other
provisions of any earlier termination action are controlling.

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

    Dated: May 21, 2015.
Mark A. Hartman,
Acting Director, Information Technology and Resources Management
Division, Office of Pesticide Programs.
[FR Doc. 2015-14092 Filed 6-9-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Rules and Regulations]
[Page 83714]
[FR Doc No: 2016-28018]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 376

Lease and Interchange of Vehicles by Mexico-Domiciled Motor
Carriers

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice on applicability.

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

SUMMARY: Section 219(d) of the Motor Carrier Safety Improvement Act of
1999 (MCSIA) restricted Mexico-domiciled motor carriers from leasing
commercial motor vehicles (CMVs) to U.S. carriers to transport property
into the United States until the international obligations under the
North American Free Trade Agreement (NAFTA) chapter on cross-border
trade in services were met. Given FMCSA's acceptance of applications
for long-haul operating authority from Mexico-domiciled motor carriers
following the conclusion of the U.S.-Mexico Cross Border Long-Haul
Trucking Pilot Program, the obligations are fulfilled and the
restriction is no longer applicable.

DATES: Effective November 22, 2016.

FOR FURTHER INFORMATION CONTACT: Bryan Price, Chief, North American
Borders Division, FMCSA, 1200 New Jersey Avenue SE., Washington, DC
20590-0001. Telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Motor Carrier Safety Improvement Act of 1999 \1\ (MCSIA)
created FMCSA and transferred authority for motor carrier safety from
the Federal Highway Administration.
---------------------------------------------------------------------------

    \1\ Public Law 106-159, 113 Stat. 1748, 1768, December 9, 1999.
---------------------------------------------------------------------------

    Section 219(d) prohibited the leasing by a Mexico-domiciled motor
carrier (lessor) of its equipment to a U.S. motor carrier (lessee) for
operation beyond the commercial zones on the U.S.-Mexico border. This
restriction specifically applied ``Before the implementation of the
land transportation provisions of NAFTA . . .'' The second clause in
section 219(d) further states that this prohibition exists ``during any
period in which a suspension, condition, restriction or limitation
imposed under section 13902(c) of title 49 . . . applies to a [long-
haul] motor carrier (as defined in section 13902(e)).'' Section
13902(c) addresses ``Restrictions on motor carriers domiciled in or
owned or controlled by nationals of a contiguous foreign country.''
    Section 13902(c)(3) provides that only ``The President'' or his
delegate may ``remove or modify in whole or in part any action taken
under paragraph (1)(A) if the President or such delegate determines
that such removal or modification is consistent with the obligations of
the United States under a trade agreement or with United States
transportation policy.'' In November 2002, President Bush issued a
presidential memorandum lifting the moratorium on granting long-haul
operating authority to qualified Mexico-domiciled motor carriers of
property and of passengers.\2\ The only limitation that remained
following this presidential action was the restriction on point-to-
point transportation within the United States, which did not impact the
NAFTA land transportation provisions.
---------------------------------------------------------------------------

    \2\ 67 FR 71795 (November 27, 2002).
---------------------------------------------------------------------------

    In March 2002, FMCSA issued Interim Final Rules that fulfilled a
Congressional mandate to ensure the safe operation of Mexican vehicles
in the United States. Several organizations filed suit in the U.S.
Court of Appeals for the Ninth Circuit challenging those rules. The
Court set aside the rules, and the United States sought Supreme Court
review of the decision. In 2004, the Supreme Court reversed the Ninth
Circuit and upheld the Agency's Interim Final Rules (Department of
Transportation, et al. v. Public Citizen, et al., 541 U.S. 752 (2004)).
    Congress, however, subsequently passed Section 6901 of the U.S.
Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act of 2007,\3\ imposing further
limitations on the Agency's ability to expend appropriated funds to
issue operating authority to Mexico-domiciled motor carriers. The
Agency was unable to process applications for long-haul operating
authority from Mexico-domiciled motor carriers until a pilot program
was completed pursuant to these new requirements.
---------------------------------------------------------------------------

    \3\ Public Law 110-28, 121 Stat. 112, 183, (May 25, 2007).
---------------------------------------------------------------------------

    From October 14, 2011, through October 10, 2014, FMCSA conducted a
pilot program to determine the ability of Mexican motor carriers to
operate safely in the United States. FMCSA delivered the requisite
report to Congress in January, 2015. On January 15, 2015 (80 FR 2179),
FMCSA announced that it would begin accepting and processing
applications for long-haul operating authority from Mexico-domiciled
property carriers under 49 U.S.C. 13902.
    Because Mexico-domiciled motor carriers may now apply for and
receive long-haul operating authority, the land transportation
provisions of NAFTA for property carriers have been implemented.
Therefore, the previous leasing restrictions are not applicable,
consistent with Section 219(d) of MCSIA.
    This notice is being issued to prevent inconsistent enforcement of
a law that is no longer applicable. It also serves to inform all motor
carriers and the general public that, in accordance with NAFTA and
MCSIA, Mexican-domiciled motor carriers (lessors) are allowed to lease
their equipment to U.S. motor carriers (lessees) regardless of the
destination of the cargo, as long as the carriers meet the requirements
of 49 CFR part 376. Included in part 376 are requirements that the
``authorized carrier'' (in this case, the U.S. motor carrier) assume
``complete responsibility for the operation of the equipment for the
duration of the lease'' [49 CFR 376.12(c)]. These types of leasing
arrangements are compliant with MCSIA and the Agency's regulations.

    Issued on: November 9, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-28018 Filed 11-21-16; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Rules and Regulations]
[Pages 74024-74025]
[FR Doc No: 2023-23929]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1996; Project Identifier AD-2022-01361-E;
Amendment 39-22570; AD 2023-20-11]
RIN 2120-AA64

Airworthiness Directives; International Aero Engines, LLC Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comment; correction.

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

SUMMARY: The FAA is correcting an airworthiness directive (AD) that was
published in the Federal Register. That AD applies to certain
International Aero Engines, LLC (IAE LLC) Model PW1124G1-JM, PW1127G-
JM, PW1127GA-JM, PW1129G-JM, PW1130G-JM, PW1133G-JM, and PW1133GA-JM
engines. As published, a part number was inadvertently excluded in the
regulatory text of the AD. This document corrects that error. In all
other respects, the original document remains the same.

DATES: This correction is effective November 1, 2023. The effective
date of AD 2023-20-11 remains November 1, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 1,
2023 (88 FR 71466, October 17, 2023).
    The date for submitting comments on AD 2023-20-11 remains December
1, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1996; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule; request for comment; correction, any
comments received, and other information. The street address for Docket
Operations is listed above.
    Material Incorporated by Reference:
     For Pratt & Whitney service information identified in this
final rule, contact International Aero Engines, LLC, 400 Main Street,
East Hartford, CT 06118; phone:<PHONE_NUMBER>; email:
[email protected]; website: connect.prattwhitney.com.
     You may view this referenced service information at the
FAA, Airworthiness Products Section, Operational Safety Branch 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available at regulations.gov under Docket No. FAA-2023-1996.

FOR FURTHER INFORMATION CONTACT: Mark Taylor, Aviation Safety Engineer,
FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238-
7229; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-1996 and Project Identifier
AD-2022-01361-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Mark
Taylor, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des
Moines, WA 98198. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    AD 2023-20-11, Amendment 39-22570 (88 FR 71466, October 17, 2023),
requires replacement of the high-pressure compressor (HPC) rear hub
with a part eligible for installation for certain IAE LLC Model
PW1124G1-JM, PW1127G-JM, PW1127GA-JM, PW1129G-JM, PW1130G-JM, PW1133G-
JM, and PW1133GA-JM engines.

Need for Correction

    As published, paragraph (c) in the regulatory text of AD 2023-20-11
is incorrect. Paragraph (c) of AD 2023-20-11 refers to part number
``30G4008.'' The correct reference is part number ``30G4008 or
30G8208.''

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pratt & Whitney Service Bulletin PW1000G-C-72-00-
0209-00A-930A-D, Issue No: 002, dated June 20, 2023, which provides the
list of affected serial numbers for the HPC rear hub.
    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 ADDRESSES.

Correction of Publication

    This document corrects an error and correctly adds the AD as an
amendment to 14 CFR 39.13. Although no other part of the preamble or
regulatory information has been corrected, the FAA is publishing the
entire rule in the Federal Register.
    The effective date of this AD remains November 1, 2023.

    Since this action only corrects the mention of an affected part
number, it has no adverse economic impact and imposes no additional
burden on any person. Therefore, the FAA has determined that notice and
public comment procedures are unnecessary.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Corrected]

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

2023-20-11 International Aero Engines, LLC: Amendment 39-22570;
Docket No. FAA-2023-1996; Project Identifier AD-2022-01361-E.

(a) Effective Date

    This airworthiness directive (AD) is effective November 1, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to International Aero Engines, LLC Model
PW1124G1-JM, PW1127G-JM, PW1127GA-JM, PW1129G-JM, PW1130G-JM,
PW1133G-JM, and PW1133GA-JM engines with an installed high-pressure
compressor (HPC) rear hub, part number 30G4008 or 30G8208, with a
serial number (S/N) listed in Table 2 or Table 3 of Pratt & Whitney
Service Bulletin PW1000G-C-72-00-0209-00A-930A-D, Issue No: 002,
dated June 20, 2023 (PW1000G-C-72-00-0209-00A-930A-D, Issue No:
002).

(d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Turbine Engine
Compressor Section.

(e) Unsafe Condition

    This AD was prompted by a manufacturer investigation which
revealed that Maintenance, Repair, and Overhaul shops were
misinterpreting accepted knife edge coating wear limits. The FAA is
issuing this AD to prevent heat-induced cracking at the forward and
aft knife edge seals and uncontained separation of the HPC rear hub.
The unsafe condition, if not addressed, could result in uncontained
debris release, damage to the engine, damage to the airplane, in-
flight shutdown, and loss of the airplane.

(f) Compliance

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

(g) Required Actions

    At the next engine shop visit after the effective date of this
AD, replace the HPC rear hub with a part eligible for installation.

(h) Definitions

    (1) For the purpose of this AD, a ``part eligible for
installation'' is:
    (i) Any HPC rear hub with an S/N that does not appear in Table 2
or Table 3 of PW1000G-C-72-00-0209-00A-930A-D, Issue No: 002; or
    (ii) Any HPC rear hub that has been serviced in accordance with
Pratt & Whitney Service Bulletin PW1000G-C-72-00-0209-00A-930A-D
(any revision).
    (2) For the purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of major mating engine flange H. The separation of engine
flanges solely for the purpose of transportation without subsequent
engine maintenance does not constitute an engine shop visit.

(i) Credit for Previous Actions

    You may take credit for the actions required by paragraph (g) of
this AD if you performed those actions before the effective date of
this AD using Pratt & Whitney Service Bulletin PW1000G-C-72-00-0209-
00A-930A-D, Issue No: 001, dated September 13, 2022.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520 Continued Operational Safety Branch,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the AIR-520 Continued
Operational Safety Branch, send it to the attention of the person
identified in paragraph (k) of this AD and email to: [email protected].
    (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.

(k) Related Information

    For more information about this AD, contact Mark Taylor,
Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines,
WA 98198; phone:<PHONE_NUMBER>; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Pratt & Whitney Service Bulletin PW1000G-C-72-00-0209-00A-
930A-D, Issue No: 002, dated June 20, 2023.
    (ii) [Reserved]
    (3) For Pratt & Whitney service information identified in this
AD, contact International Aero Engines LLC, 400 Main Street, East
Hartford, CT 06118; phone:<PHONE_NUMBER>; email:
[email protected]; website: connect.prattwhitney.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email: [email protected].

    Issued on October 25, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2023-23929 Filed 10-26-23; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Pages 31965-31966]
[FR Doc No: 2015-13640]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0026]

Petition for Approval of Product Safety Plan

    In accordance with part 211 of title 49 of the Code of Federal
Regulations (CFR), this provides the public notice that by a document
dated May 6, 2015, the Long Island Rail Road (LIRR) has petitioned the
Federal Railroad Administration (FRA) for approval of its Product
Safety Plan (PSP) for its Microlok II Interlocking Controller with
Executive Software Version CC3.0. FRA assigned the petition Docket
Number FRA-2011-0026.

    The PSP submitted is intended to meet the requirements prescribed
in 49 CFR part 236 Subpart H (Standards for Development and Use of
Processor-Based Signal and Train Control Systems), specifically,
section 236.907 for Microlok II with Executive Software Version CC
3.0.(Microlok II CC3.0). FRA is requiring the LIRR to submit a PSP on
Microlok II CC3.0 because Software Version CC3.0 of the executive
software incorporates safety-critical modifications and enhancements
that did not exist in the previous versions of Microlok II that have
been in revenue operations prior to June 6, 2005, and were eligible for
exclusion from the requirements of Subpart H.
    Microlok II CC3.0 is a processor-based programmable interlocking
controller designed for application in safety-critical railway
operations. The basic operation of this product is to accept a variety
of inputs, perform the user-specified logic that maps those inputs into
a series of outputs, and then deliver those outputs to safely operate
the various physical components of the interlocking to route trains in
a safe manner consistent with standard vital railway signaling
practices. The product also incorporates non-vital controls and
indications where such features are required.
    The LIRR intends to apply Microlok II CC 3.0 as its Vital
Microprocessor Based Interlocking Control System (VMICS) at the Harold
and Point Interlockings on the LIRR mainline in Long Island City, NY.
All tracks through the interlockings have a 60 mile per hour (mph)
passenger train speed limit and a 20 mph freight train speed. The
operational characteristics include a bi-directional cab signal system
with wayside signals within the interlockings.
    LIRR maintains that the Microlok II CC3.0 safety critical
processor-based interlocking controller uses a combination of intrinsic
fail-safety and diversity and self-checking safety assurance techniques
to mitigate the effects of random hardware faults. Per LIRR this would
allow the Microlok II CC3.0 controller to achieve and maintain a safety
integrity level against systematic faults that satisfy the safety
requirements of 49 CFR part 236 subpart H.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the Department of Transportation's
Docket Operations Facility, 1200 New Jersey Ave. SE., W12-140,
Washington, DC 20590. The Docket Operations Facility is open from 9
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by July 20, 2015 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

    Issued in Washington, DC, on May 2, 2015.
Ron Hynes,
Director of Technical Oversight.
[FR Doc. 2015-13640 Filed 6-3-15; 8:45 am]
 BILLING CODE 4910-06-P