[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Rules and Regulations]
[Pages 37448-37452]
[FR Doc No: 2013-14689]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1330; Directorate Identifier 2012-CE-006-AD;
Amendment 39-17470; AD 2013-11-10]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Cessna Aircraft Company (Cessna) (previously COLUMBIA or LANCAIR)
Models LC40-550FG, LC41-550FG, and LC42-550FG airplanes. This AD was
prompted by reports that during maximum braking, if the brakes lock up
and a skid occurs, a severe oscillatory yawing motion or ``wheel walk''
may develop, which could result in further significant structural
damage to the airplane. This AD requires insertions into the pilot's
operating handbook (POH) and the airplane maintenance manuals (AMM)
regarding proper use of the brakes and inspection of the aft fuselage.
We are issuing this AD to correct the unsafe condition on these
products.

DATES: This AD is effective July 26, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of July 26, 2013.

ADDRESSES: For service information identified in this AD, contact
Cessna Aircraft Company, Customer Service, P.O. Box 7706, Wichita,
Kansas 67277; telephone:<PHONE_NUMBER>; fax<PHONE_NUMBER>; Internet:
www.cessnasupport.com. You may review copies of the referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Gary Park, Aerospace Engineer, Wichita
Aircraft Certification Office (ACO), FAA, 1801 Airport Road, Wichita,
KS 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That

NPRM published in the Federal Register on December 21, 2012 (77 FR
75590). That NPRM proposed to require insertions into the pilot's
operating handbook (POH) and the airplane maintenance manuals (AMM)
regarding proper use of the brakes and inspection of the aft fuselage.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and the FAA's response to each comment.

Request To Modify the Landing Gear

    Paul Rene LaChance stated that while supportive of the AD, he
believes it to be too late and does not go far enough. He commented
that he had experienced such an incident himself. Maximum braking had
occurred. Afterward, the airplane was flown for a short flight with the
pilot unaware of the severe tail damage, and the tail almost came off.
The commenter states we should require modification of the airplane
with the main landing gear oriented vertical rather than the current
forward tilt.
    We do not agree with this comment. The controllability of the
aircraft is not in question if the pilot reduces brake pressure in the
event of a wheel walking event. The procedures in the AD will ensure
pilots are aware of appropriate actions and what inspections are
required if such an event occurs. The commenter may provide
substantiating data and apply for an alternative method of compliance
(AMOC) following the procedures in paragraph (i) of this AD to
implement a design modification.

AD Is Not Necessary and Should Be Withdrawn

    Darryl James Taylor, Steven Masters, William Paul Boyd, Paul
Harrington, George Richard Wilhelmsen, Todd Thompson, Larry D. Fenwick,
and Thomas Clare who is President of the Cessna Advanced Aircraft Club
(CAAC), requested we withdraw the NPRM (77 FR 75590, December 21, 2012)
because it is unnecessary, does not add to safety, and is ineffective.
The AD would affect 726 airplanes, and there have only been five
occurrences out of thousands of landings over the past nine years. The
commenters do not feel this is statistically significant. Since the AD
comes several years after an isolated incident, the AD addresses no
real safety concern. Appropriate notices have already been incorporated
in POH manuals per Cessna Service Bulletin SB 10-11-01, dated August
17, 2010. The commenters feel it is unlikely that additional notes to
the POH or placards will be an effective solution.
    We do not agree with this comment. The wheel walking
characteristics are highly unusual. We are unaware of any other
airplane model that has experienced such an event. Currently, the
events are relatively well publicized, but they may be forgotten or
unknown to future pilots without previous knowledge about the airplane.
Adding the changes to the POH and maintenance manual and mandating the
aft fuselage inspection will assure that someone does not take off
again after an event without having the airplane inspected. The added
changes will also help the pilot better know how to handle the airplane
if the wheel walk event does occur. The AD process is the only means
where the FAA can require all owner/operators to incorporate all the
necessary changes and conduct the required inspection. However, owner/
operators that have already incorporated the POH changes per the Cessna
service bulletin may receive credit for certain actions required by
this AD.

Engineering Solution Needed

    Darryl James Taylor, William Paul Boyd, Paul Herrington, George
Richard Wilhelmsen, and Larry D. Fenwick commented that maximum braking
is considered panic braking where the pilot instinctively reacts to an
adverse condition, and they feel the real issue is proper maintenance
training. The braking issue occurs only when the gear bushings have
slipped completely out, and maintenance shops do not know what they are
looking at. In which case, the solutions in the AD will be ineffective.
Probably, the landings were not made under ideal or normal conditions,
and the pilots may have exceeded operational specifications during
landing. This issue should have an engineering solution such as anti-
lock brakes, which could prevent brake lock-up and avoid the adverse
condition. It would address maximum braking, no matter what the cause.
The anti-lock system would include slotted wheels and Hall sensors and
change the current braking system. The cost would be justified because
of the reduced risk of structural damage.
    We do not agree with this comment. Although we would consider a
design change as an AMOC, we have determined that the requirements in
this AD are sufficient to address the unsafe condition. The commenters
may provide substantiating data and apply for an AMOC following the
procedures in paragraph (i) of this AD to implement a modification as
an acceptable level of safety to address the unsafe condition.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 75590, December 21, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 75590, December 21, 2012).

Costs of Compliance

    We estimate that this AD affects 726 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
             Action                  Labor cost              Parts cost               product        operators
----------------------------------------------------------------------------------------------------------------
Insertion into the POH and the   4.5 work-hours x   Not applicable..............         $382.50        $277,695
 maintenance manuals, and         $85 per hour =
 inspection of aft fuselage.      $382.50.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII,

Part A, Subpart III, Section 44701: ``General requirements.'' Under
that section, Congress charges the FAA with promoting safe flight of
civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-11-10 Cessna Aircraft Company: Amendment 39-17470 ; Docket No.
FAA-2012-1330; Directorate Identifier 2012-CE-006-AD.

(a) Effective Date

    This AD is effective July 26, 2013.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to the following Cessna Aircraft Company
(previously COLUMBIA or LANCAIR) Models LC40-550FG, LC41-550FG, and
LC42-550FG airplanes that are certificated in any category:
    (i) LC40-550FG (Model 300), serial numbers 40001 through 40079;
    (ii) LC41-550FG (Model 400), serial numbers 41001 through 41108,
41501 through 41533, 41563 through 41800, and 411001 through 411161;
and
    (iii) LC42-550FG (Model 350), serial numbers 42001 through
42084, 42501 through 42569, and 421001 through 421020.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 5300, Fuselage Structure (General).

(e) Unsafe Condition

    This AD was prompted by reports that during maximum braking, if
the brakes lock up and a skid occurs, a severe oscillatory yawing
motion or ``wheel walk'' may develop, which could result in
significant structural damage to the airplane. We are proposing this
AD to correct the unsafe condition on these products.

(f) Compliance

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

(g) Required Actions

    (1) Within the next 50 hours time-in-service (TIS) after July
26, 2013 (the effective date of this AD) or within the next 3 months
after July 26, 2013 (the effective date of this AD), whichever
occurs first, incorporate figure 1 of paragraph (g)(1) of this AD
into the applicable Pilot's Operating Handbook (POH)/FAA-approved
Airplane Flight Manual (AFM), Section 2, Limitations (Other
Limitations). This may also be done by inserting a copy of this AD
into the POH/AFM.
[GRAPHIC] [TIFF OMITTED] TR21JN13.000

    (2) Within the next 50 hours TIS after July 26, 2013 (the
effective date of this AD) or within the next 3 months after July
26, 2013 (the effective date of this AD), whichever occurs first,
insert a copy of this AD into the POH/AFM or incorporate figure 2 of
paragraph (g)(2) of this AD into the applicable POH/AFM at the end
of each of the following sections:
    (i) Section 4, Normal Procedures (Amplified Procedures):
Landings, Normal Landings; and
    (ii) Section 4, end of paragraph: Short Field Landings.

[GRAPHIC] [TIFF OMITTED] TR21JN13.001

    (3) Within the next 50 hours TIS after July 26, 2013 (the
effective date of this AD) or within the next 3 months after July
26, 2013 (the effective date of this AD), whichever occurs first,
incorporate the following Cessna Aircraft Company maintenance manual
revisions for the appropriate model airplane as specified in
paragraphs (g)(3)(i) through (g)(3)(iii) of this AD into your
maintenance program (maintenance manual).
    (i) For Model LC40-550FG (Model 300): Pages 1 through 5, Subject
20-95-00, ``Tap Testing--Description and Operation''; pages 1
through 2, Subject 20-95-02, ``Structural Inspections--Description
and Operation''; and pages 501 through 503, Subject 53-70-00,
``Fuselage Components--Adjustment/Test''; of Cessna Aircraft Company
Maintenance Manual, Model LC40-550FG, 300MM02, Revision 2, dated
July 1, 2012.
    (ii) For Model LC41-550FG (Model 400): Pages 1 through 5,
Subject 20-90-00, ``Tap Testing--Description and Operation''; pages
1 through 2, Subject 20-95-00, ``Structural Inspections--Description
and Operation''; and pages 501 through 503, Subject 53-70-00,
``Fuselage Components--Adjustment/Test''; of Cessna Aircraft Company
Maintenance Manual, Model LC41-550FG/T240, 400MM02, Revision 2,
dated July 1, 2012.
    (iii) For Model LC42-550FG (Model 350): Pages 1 through 5,
Subject 20-95-00, ``Tap Testing--Description and Operation''; pages
1 through 2, Subject 20-95-02, ``Structural Inspections--Description
and Operation''; and pages 501 through 503, Subject 53-70-00,
``Fuselage Components--Adjustment/Test''; of Cessna Aircraft Company
Maintenance Manual, Model LC42-550FG, 350MM02, Revision 2, dated
July 1, 2012.

    Note 1 for paragraph (g)(3) of this AD:  We recommend you
replace your current maintenance manual in its entirety with the
updated Cessna Aircraft Company Maintenance Manual applicable to
your model airplane, 300MM02, 350MM02, or 400MM02, all Revision 2,
all dated July 1, 2012.

    (4) The actions required by paragraphs (g)(1), (g)(2), and
(g)(3) of this AD may be performed by the owner/operator (pilot)
holding at least a private pilot certificate and must be entered
into the aircraft records showing compliance with this AD in
accordance with 14 CFR 43.9 (a)(1)-(4) and 14 CFR 91.417(a)(2)(v).
The record must be maintained as required by 14 CFR 91.417, 121.380,
or 135.439.
    (5) At the next annual inspection after July 26, 2013 (the
effective date of this AD) or within the next 50 hours TIS after
July 26, 2013 (the effective date of this AD), whichever occurs
later, and before further flight if a severe oscillatory yawing
motion as described in figure 1 of paragraph (g)(1) of this AD has
occurred, inspect the aft fuselage following the aft fuselage
inspection procedures for the appropriate model of airplane as
specified in paragraphs (g)(5)(i) through (g)(5)(iii) of this AD.
    (i) For Model LC40-550FG (Model 300): Pages 1 through 5, Subject
20-95-00, ``Tap Testing--Description and Operation''; pages 1
through 2, Subject 20-95-02, ``Structural Inspections--Description
and Operation''; and pages 501 through 503, Subject 53-70-00,
``Fuselage Components--Adjustment/Test''; of Cessna Aircraft Company
Maintenance Manual, Model LC40-550FG, 300MM02, Revision 2, dated
July 1, 2012.
    (ii) For Model LC41-550FG (Model 400): Pages 1 through 5,
Subject 20-90-00, ``Tap Testing--Description and Operation''; pages
1 through 2, Subject 20-95-00, ``Structural Inspections--Description
and Operation''; and pages 501 through 503, Subject 53-70-00,
``Fuselage Components--Adjustment/Test''; of Cessna Aircraft Company
Maintenance Manual Model LC41-550FG/T240, 400MM02, Revision 2, dated
July 1, 2012.
    (iii) For Model LC42-550FG (Model 350): Pages 1 through 5,
Subject 20-95-00, ``Tap Testing--Description and Operation''; pages
1 through 2, Subject 20-95-02, ``Structural Inspections--Description
and Operation''; and pages 501 through 503, Subject 53-70-00,
``Fuselage Components--Adjustment/Test''; of Cessna Aircraft Company
Maintenance Manual, Model LC42-550FG, 350MM02, Revision 2, dated
July 1, 2012.
    (6) If any damaged or suspect areas are found during any aft
fuselage inspection required by paragraph (g)(5) of this AD, before
further flight, contact Cessna Customer Service by phone at (316)
517-5800 or fax at<PHONE_NUMBER> for an FAA-approved repair and
perform the repair.

(h) Credit for Actions Accomplished in Accordance With Previous Service
Information

    Cessna Aircraft Company released the following POH/AFM Temporary
Revisions via Cessna Service Bulletin SB 10-11-01, dated August 17,
2010. Incorporation of the applicable document specified in
paragraphs (h)(i) through (h)(iii) of this AD is considered
compliance with the POH/AFM change requirements in paragraphs (g)(1)
and (g)(2) of this AD. The applicable POH/AFM Temporary Revisions
are:
    (i) Cessna Corvalis 300: RA050001-O TR03-06, dated August 13,
2010;
    (ii) Cessna Corvalis 350: RB050005-I TR08-11 (Garmin G1000-
equipped) and RB050000-R TR02-05 (Avidyne Entegra-equipped), dated
August 13, 2010; and
    (iii) Cessna Corvalis 400: RC050005-I TR10-13 (Garmin G1000-
equipped) and RC050002-G TR02-05 (Avidyne Entegra-equipped), dated
August 13, 2010.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita Aircraft Certification Office (ACO),
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 ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about this AD, contact Gary Park,
Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, Wichita, KS
67209; phone:<PHONE_NUMBER>;

fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Cessna Service Bulletin SB 10-11-01, dated August 17, 2010.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Pages 1 through 5, Subject 20-95-00, ``Tap Testing--
Description and Operation''; of Cessna Aircraft Company Maintenance
Manual, Model LC40-550FG, 300MM02, Revision 2, dated July 1, 2012.
    (ii) Pages 1 through 2, Subject 20-95-02, ``Structural
Inspections--Description and Operation''; of Cessna Aircraft Company
Maintenance Manual, Model LC40-550FG, 300MM02, Revision 2, dated
July 1, 2012.
    (iii) Pages 501 through 503, Subject 53-70-00, ``Fuselage
Components--Adjustment/Test''; of Cessna Aircraft Company
Maintenance Manual, Model LC40-550FG, 300MM02, Revision 2, dated
July 1, 2012.
    (iv) Pages 1 through 5, Subject 20-90-00, ``Tap Testing--
Description and Operation''; of Cessna Aircraft Company Maintenance
Manual, Model LC41-550FG/T240, 400MM02, Revision 2, dated July 1,
2012.
    (v) Pages 1 through 2, Subject 20-95-00, ``Structural
Inspections--Description and Operation''; of Cessna Aircraft Company
Maintenance Manual, Model LC41-550FG/T240, 400MM02, Revision 2,
dated July 1, 2012.
    (vi) Pages 501 through 503, Subject 53-70-00, ``Fuselage
Components--Adjustment/Test''; of Cessna Aircraft Company
Maintenance Manual, Model LC41-550FG/T240, 400MM02, Revision 2,
dated July 1, 2012.
    (vii) Pages 1 through 5, Subject 20-95-00, ``Tap Testing--
Description and Operation''; of Cessna Aircraft Company Maintenance
Manual, Model LC42-550FG, 350MM02, Revision 2, dated July 1, 2012.
    (viii) Pages 1 through 2, Subject 20-95-02, ``Structural
Inspections--Description and Operation''; of Cessna Aircraft Company
Maintenance Manual, Model LC42-550FG, 350MM02, Revision 2, dated
July 1, 2012.
    (ix) Pages 501 through 503, Subject 53-70-00, ``Fuselage
Components--Adjustment/Test''; of Cessna Aircraft Company
Maintenance Manual, Model LC42-550FG, 350MM02, Revision 2, dated
July 1, 2012.
    (3) For Cessna Aircraft Company service information identified
in this AD, contact Cessna Aircraft Company, Customer Service, P.O.
Box 7706, Wichita, Kansas 67277; telephone:<PHONE_NUMBER>; fax
(316) 517-7271; Internet: www.cessnasupport.com.
    (4) You may view this service information at FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on May 23, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-14689 Filed 6-20-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Notices]
[Pages 56501-56504]
[FR Doc No: 2019-22935]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87320; File No. SR-CBOE-2019-095]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Relocate Various Exchange Rules From the Currently Effective to the
Shell Structure for the Exchange's Rulebook That Will Become Effective
Upon the Migration of the Exchange's Trading Platform

October 16, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 4, 2019, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the Exchange. 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.
---------------------------------------------------------------------------

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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to relocate various Exchange Rules from the currently effective
Rulebook (``current Rulebook'') to the shell structure for the
Exchange's Rulebook that will become effective upon the migration of
the Exchange's trading platform to the same system used by the Cboe
Affiliated Exchanges (as defined below) (``shell Rulebook''). The
proposed rule change also deletes certain Exchange Rules from the
currently effective Rulebook that will no longer be applicable
following the migration. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/

CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    In 2016, the Exchange's parent company, Cboe Global Markets, Inc.
(formerly named CBOE Holdings, Inc.) (``Cboe Global''), which is also
the parent company of Cboe C2 Exchange, Inc. (``C2''), acquired Cboe
EDGA Exchange, Inc. (``EDGA''), Cboe EDGX Exchange, Inc. (``EDGX'' or
``EDGX Options''), Cboe BZX Exchange, Inc. (``BZX'' or ``BZX
Options''), and Cboe BYX Exchange, Inc. (``BYX'' and, together with
Cboe Options, C2, EDGX, EDGA, and BZX, the ``Cboe Affiliated
Exchanges''). The Cboe Affiliated Exchanges are working to align
certain system functionality, retaining only intended differences,
between the Cboe Affiliated Exchanges, in the context of a technology
migration. Cboe Options intends to migrate its trading platform to the
same system used by the Cboe Affiliated Exchanges, which the Exchange
expects to complete on October 7, 2019. In connection with this
technology migration, the Exchange has a shell Rulebook that resides
alongside its current Rulebook, which shell Rulebook will contain the
Rules that will be in place upon completion of the Cboe Options
technology migration.
    The Exchange proposes to relocate certain rules currently in the
currently effective Rulebook into the shell Rulebook. The Exchange
notes that in addition to moving these various rules, the proposed rule
change deletes the rules from the current Rulebook. It also proposes to
delete certain current rules that, as a result of the rules already in
the shell Rulebook, are either redundant or are no longer applicable to
trading on the Exchange. The proposed rule change moves and, where
applicable, removes the rules as follows:

------------------------------------------------------------------------
               Shell rule                          Current rule
------------------------------------------------------------------------
5.3 Bids and Offers (introductory        6.43 Manner of Bidding and
 paragraph).                              Offering.
5.5(d) System Access and Connectivity    6.23A(f) Trading Permit Holder
 (Mandatory Testing).                     Connectivity (Mandatory
                                          Systems Testing).\3\
5.6(a) Order Types, Order Instructions,  6.11 Origins Eligible for Book
 and Times-in-Force (Availability).       Entry.
6.7 Off-Floor Transfers of Positions...  6.49A Off-Floor Transfers of
                                          Positions.
6.8 Off-Floor RWA Transfers............  6.49B Off-Floor RWA Transfers.
To be deleted..........................  6.51A Fines for Failure to
                                          Perform Certain Reporting
                                          Duties.
To be deleted..........................  6.53A Types order Formats.
To be deleted..........................  24.13 Trading Rotations.
To be deleted..........................  24A.11 FLEX Index Appointed
                                          Market-Maker Account Equity.
To be deleted..........................  24A.12 FLEX Appointed Market-
                                          Maker Financial Requirements.
------------------------------------------------------------------------

    The proposed changes are of a non-substantive nature and will not
amend the relocated rules other than to update their rule numbers,
conform paragraph structure and number/lettering format to that of the
shell Rulebook, and make cross-reference changes to shell rules.
---------------------------------------------------------------------------

    \3\ The Exchange notes that this provision was removed from the
currently effective Rulebook in filing SR-CBOE-2019-033. However,
that filing inadvertently did not maintain this language in the
shell Rulebook. See Securities Exchange Act Release No. 86374 (July
15, 2019), 84 FR 34963 (July 19, 2019) (SR-CBOE-2019-033) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to System Connectivity and Order Entry and Allocation Upon
the Migration of the Exchange's Trading Platform to the Same System
Used by the Cboe Affiliated Exchanges).
---------------------------------------------------------------------------

    The Exchange notes that the proposed change to incorporate the
language under current Rule 6.11 into shell Rule 5.6(a) does not
substantively change the current provision but updates it to streamline
and simplify the language and the reflect shell rule text. Current Rule
6.11 states that after a class opens for trading, the System accepts
for entry into the Book quotes of Market-Makers (including DPMs and
LMMs) and orders of any origin in Hybrid classes. The proposed
provision that relocates Rule 6.11 under shell Rule 5.6(a) states that
after a class opens for trading pursuant to Rule 5.31 (the shell rule
which will govern the opening auction process upon migration), the
System accepts for entry into the Book orders and quotes with any
Capacity. In other words, orders and quotes of any Capacity will be
eligible to enter the Book. The Exchange notes that this is
substantively the same provision as the current provision because all
classes currently trade on the System, and, pursuant to shell Rule 1.1,
upon migration, the term ``Capacity'' will be used to reference what is
referred to as ``origin'' in the currently effective rules.\4\
Therefore, the proposed language merely simplifies and streamlines the
current provision and updates terms to reflect terms in the shell
Rulebook.
---------------------------------------------------------------------------

    \4\ See shell Rule 1.1, which defines ``quote'' or
``quotations'' as a firm bid or offer a Market-Maker (a) submits
electronically in an order or bulk message (including to update any
bid or offer submitted in a previous order or bulk message) or (b)
represents in open outcry on the trading floor.
---------------------------------------------------------------------------

    The proposed change also adds current Rule 6.23A(f), which governs
mandatory systems testing for Trading Permit Holders, to shell Rule
5.5(d). The Exchange notes that SR-CBOE-2019-033 \5\ removed current
Rule 6.23A, but did not incorporate it into the shell Rulebook in
anticipation of migration. While that filing indicated that Rule 5.24
in the shell Rulebook covered the same provision as current Rule
6.23A(f), current Rule 6.23A(f) is broader than the required testing in
shell Rule 5.24, which relates only to disaster recovery testing. Under
current Rule 6.23A(f), the Exchange currently may require other types
of testing, and therefore believes

it is appropriate to maintain this provision in the shell Rulebook. The
Exchange notes that proposed 5.5(d) will merely continue to govern
mandatory system testing upon the October 7, 2019 migration in the same
manner in which Rule 6.23A(f) currently governs mandatory systems
testing, and therefore will not substantively alter nor have any impact
on trading on the Exchange or on TPHs.
---------------------------------------------------------------------------

    \5\ See Securities and Exchange Act Release No. 86374 (July 15,
2019), 84 FR 34963 (July 19, 2019) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change Relating to System
Connectivity and Order Entry and Allocation Upon the Migration of
the Exchange's Trading Platform to the Same System Used by the Cboe
Affiliated Exchanges) (SR-CBOE-2019-033).
---------------------------------------------------------------------------

    The proposed changes to remove certain rules are of a non-
substantive nature because they delete rules that are redundant or not
applicable as a result of other rules already in the shell Rulebook.
The proposed rule change removes current Rule 6.53A, which covers order
formats, as these formats relate solely to the Exchange's current
system, and therefore will not be applicable on the new system
following the technology migration and information regarding order
formats is already available in technical specifications on the
Exchange's website.\6\ The proposed change removes current Rule 24.13,
which describes trading rotations for index options because it is
redundant of the opening process in shell Rule 5.31 (current Rule 6.2)
which governs the opening auction process for both equity options and
index options. Pursuant to current Rule 24.13, the Exchange may provide
for the opening rotation to be conducted using the procedures described
in current Rule 24.13 or current Rule 6.2 (shell Rule 5.31). The
Exchange has provided for the opening rotation to be conducted using
the procedures described in current Rule 6.2 (shell Rule 5.31).
Additionally, the Exchange pursuant to current Rule 6.2 (proposed Rule
5.31) has authority to deviate from the opening rotation procedures,
while Designated Primary Market-Makers (``DPMs'') and Lead Market-
Makers (``LMMs'') do not. Therefore, deletion of current Rule 24.13
will have no impact on the opening of index options. Index options will
continue to open for trading pursuant to the same process as other
options as set forth in current Rule 6.2 (shell Rule 5.31).\7\
---------------------------------------------------------------------------

    \6\ See Cboe US Options FIX Specifications (October 3, 2019),
available at http://cdn.cboe.com/resources/membership/US_Options_FIX_Specification.pdf; and Cboe US Options BOE
Specifications (October 3, 2019), available at http://cdn.cboe.com/resources/membership/US_Options_BOE_Specification.pdf.
    \7\ The Commission previously approved certain changes to the
Exchange's opening trading process for.
---------------------------------------------------------------------------

    The proposed rule change removes Rule 6.51A because this Rule was
deleted in 1992 and merely refers to current Rule 17.50 (shell Rule
13.15).\8\ Finally, the proposed rule change deletes current Rule
24A.11, in connection with FLEX Index appointed Market-Maker account
equity, and Rule 24A.12, in connection with FLEX Index appointed
Market-Maker financial requirements, because the Exchange does not
currently have any FLEX Appointed Market-Makers, and does not intend to
have any following migration. In other rule filings, the Exchange
previously deleted various current Rules related to FLEX Appointed
Market-Makers, and inadvertently did not omit current Rules 24A.11 and
24A.22 in those rule filings.\9\
---------------------------------------------------------------------------

    \8\ Rule 13.15(g) of the shell Rulebook describes fines that may
be imposed for failure to perform certain reporting duties. See,
e.g., Rule 13.15(g)(4) (failure to submit trade information on time
and failure to submit trade information to the price reporter).
    \9\ See Securities Exchange Act Release No. 87024 (September 19,
2019), 84 FR 50545 (September 25, 2019) (SR-CBOE-2019-059) (Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Certain Rules Relating To Market-Makers Upon Migration to the
Trading System Used by Cboe Affiliated Exchanges); and SR-CBOE-2019-
084 (filed October 2, 2019).
---------------------------------------------------------------------------

2. Statutory Basis

    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\10\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \11\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \12\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ Id.
---------------------------------------------------------------------------

    As stated, the proposed rule change makes no substantive changes to
the rules. The proposed rule change is merely intended to relocate the
Exchange's rules to the shell Rulebook and update their numbers,
paragraph structure, including number and lettering format, cross-
references, and terms found in the shell Rules, as well as removing
rules that are either redundant or no longer applicable to the
Exchange, in order to conform to the shell Rulebook as a whole in
anticipation of the technology migration on October 7, 2019. As such,
the proposed rule change is 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, by improving the way the
Exchange's Rulebook is organized, making it easier to read, and,
particularly, helping market participants better understand the rules
of the Exchange, which will also result in less burdensome and more
efficient regulatory compliance.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange reiterates that
the proposed rule change is being proposed in the context of a
technology migration of the Exchange's system to the same technology
platform as that used by the Cboe Affiliated Exchanges and a related
reorganization of the Rulebook, and not as a competitive filing. The
Exchange does not believe that the proposed rule change will impose any
burden on intramarket competition because it deletes rules that are
redundant or no longer applicable in light of the rules already in the
shell Rulebook, will allow the provision that currently governs
mandatory systems testing to continue to govern mandatory systems
testing upon migration, and makes non-substantive changes to the rules
by relocating the rules and updating their paragraph structure and
cross-references, to conform to the shell Rulebook that will be in
place come October 7, 2019. The Exchange does not believe that the
proposed rule change will impose any burden on intermarket competition
because the proposed rules are substantially the same as the Exchange's
current rules, all of which have all been previously filed with the
Commission.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \15\ and Rule 19b-
4(f)(6) thereunder.\16\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Commission has waived that requirement in this case.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\18\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately. The Exchange notes that
the proposed rule change is merely relocating certain rules to its
shell rulebook--which includes corresponding updates to rule numbers,
cross-references, and other references--in order to conform these rules
to the shell rulebook upon the technology migration explained above.
The Exchange believes that the proposed rule change will make its rules
easier to read and understand for all investors. The Exchange also
asserts that the relocation of the rules explained above will not
impose any significant burden on competition as the substance of the
rules remains unchanged. The Commission agrees that allowing this
proposed rule change to become operative upon filing in order to
facilitate the Exchange's technology migration--without changing the
substance of these Exchange Rules--is consistent with the protection of
investors and the public interest. For this reason, the Commission
hereby waives the 30-day operative delay and designates the proposal
operative upon filing.\19\
---------------------------------------------------------------------------

    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
    \19\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2019-095 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2019-095. 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 website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal offices of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2019-095, and should be submitted
on or before November 12, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12), (59).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-22935 Filed 10-21-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Notices]
[Page 44595]
[FR Doc No: 2011-18877]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0002]

Oncologic Drugs Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Oncologic Drugs Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on September 14, 2011, from
8 a.m. to 5 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Building
31 Conference Center, the Great Room (Rm. 1503), Silver Spring, MD
20993-0002. Information regarding special accommodations due to a
disability, visitor parking, and transportation may be accessed at:
http://www.fda.gov/AdvisoryCommittees/default.htm; under the heading
``Resources for You,'' click on ``Public Meetings at the FDA White Oak
Campus.'' Please note that visitors to the White Oak Campus must enter
through Building 1.
    Contact Person: Caleb Briggs, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX: 301-847-
8533, e-mail<EMAIL_ADDRESS>or FDA Advisory Committee Information
Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC area), and
follow the prompts to the desired center or product area. Please call
the Information Line for up-to-date information on this meeting. A
notice in the Federal Register about last minute modifications that
impact a previously announced advisory committee meeting cannot always
be published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site and call the appropriate
advisory committee hot line/phone line to learn about possible
modifications before coming to the meeting.
    Agenda: On September 14, 2011, during the morning session, the
committee will discuss new drug application 021825, with the proposed
trade name Ferriprox (deferiprone) film-coated tablets, application
submitted by ApoPharma, Inc., represented by Cato Research Ltd.
(authorized U.S. agent). The proposed indication (use) for this product
is for the treatment of patients with transfusional iron overload
(excess iron in the body related to blood transfusions), when current
chelation therapy is inadequate. (Chelation therapy in these patients
binds iron in a form that allows it to be eliminated from the body).
    During the afternoon session, the committee will consider the
development of products for the treatment of patients with
nonmetastatic castration resistant prostate cancer (CRPC) who have a
rising serum level of prostate-specific antigen (PSA) despite being on
androgen deprivation therapy (ADT). There are no products currently
approved for this indication. No specific products will be presented or
discussed; rather, the committee will be asked to consider possible
trial designs and suitable clinical endpoints to establish efficacy
that would support a labeled indication for treatment of non-metastatic
CRPC after PSA progression on ADT. Because ADT is an unproven therapy
for this condition with serious long-term toxicity, the committee will
be asked whether approval of a new therapy in conjunction with
continued ADT would be appropriate for patients with non-metastatic
CRPC.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
August 30, 2011. Oral presentations from the public will be scheduled
between approximately 10:30 to 11 a.m., and 3 to 3:30 p.m. Those
individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before
August 22, 2011. Time allotted for each presentation may be limited. If
the number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by August 23, 2011.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Caleb Briggs at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: July 20, 2011.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2011-18877 Filed 7-25-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 84, Number 157 (Wednesday, August 14, 2019)]
[Notices]
[Pages 40421-40423]
[FR Doc No: 2019-17462]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0403]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Protection of Human Subjects; Informed Consent; and
Institutional Review Boards

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on the information collection provisions found
in Agency regulations pertaining to the protection of human subjects
and responsibilities of institutional review boards (IRBs).

DATES: Submit either electronic or written comments on the collection
of information by October 15, 2019.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before October 15, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of October 15, 2019. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2013-N-0403 for ``Protection of Human Subjects; Informed Consent;
and Institutional Review Boards.'' Received comments, those filed in a
timely manner (see ADDRESSES), will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts

and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Protection of Human Subjects; Informed Consent; and Institutional
Review Boards--21 CFR Parts 50 and 56

OMB Control Numbers 0910-0755 and 0910-0130--Revision

    This information collection supports Agency regulations pertaining
to the protection of human subjects, informed consent, and
responsibilities of IRBs as set forth in parts 50 and 56 (21 CFR parts
50 and 56). Parts 50 and 56 apply to all clinical investigations
regulated by FDA under sections 505(i) and 520(g) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i) and 360j(g),
respectively), as well as clinical investigations that support
applications for research or marketing permits for products regulated
by FDA. The regulations in parts 50 and 56 are intended to protect the
rights and safety of subjects involved in investigations filed under
sections 403, 406, 409, 412, 413, 503, 505, 510, 513-515, 520, 531-539,
541, 542, 701, and 721 of the FD&C Act (21 U.S.C. 343, 346, 348, 350a,
350b, 353, 355, 360, 360c, 360c-1, 360d, 360e, 360j, 360hh-360pp,
360rr, 360ss, 371, and 379e) and section 351 of the Public Health
Service Act (42 U.S.C. 262). The regulations also contain the standards
for composition, operation, and responsibilities of IRBs that review
clinical investigations regulated by FDA.

I. Part 50--Protection of Human Subjects

    With few exceptions, no investigator may involve a human being as a
subject in FDA-regulated research unless the investigator has obtained
the legally effective informed consent of the subject or the subject's
legally authorized representative. Basic elements of informed consent
are set forth in Sec.  50.25 (21 CFR 50.25) and include a statement of
the purpose and duration of a subject's participation in the research,
as well as a description of the procedures to be followed, risks,
benefits, experimental nature, contact information, that participation
is voluntary, and additional elements as may be appropriate. Exceptions
to these requirements are governed by Sec.  50.23 (21 CFR 50.23), which
requires both investigator and physician to certify in writing that
necessary elements for exception from general requirements have been
satisfied, and Sec.  50.24 (21 CFR 50.24), which covers exception from
informed consent requirements for emergency research. In accordance
with Sec.  50.27 (21 CFR 50.27), informed consent must be documented.

II. Part 56--Institutional Review Boards

    The general standards for the composition, operation, and
responsibility of an IRB are set forth in part 56. Administrative
activities are also covered and documentation that must be prepared and
maintained is identified. Required recordkeeping includes documentation
pertaining to written procedures, committee membership, meeting
minutes, correspondence, as well as other functional and operational
aspects of the IRB. Finally, the regulations describe administrative
actions for non-compliance, including both disqualification of IRBs or
IRB parent institutions, as well as reinstatement and alternative and
additional actions.
    On our own initiative, we are revising the information collection
by consolidating the information collection currently approved under
OMB control number 0910-0130 with the information collection currently
approved under OMB control number 0910-0755 pertaining to human subject
protection and IRB responsibilities. Because of the related nature of
the information collections and the applicable regulations in parts 50
and 56, we believe taking this action will improve our operational
efficiency.
    We estimate the annual burden for the collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Number of
                21 CFR section                    Number of     responses per   Total annual          Average burden per response           Total hours
                                                 respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
50.24; exceptions from informed consent for                 8               3              24  1........................................              24
 emergency research.
50.25; elements of informed consent--required           2,520              40         100,800  0.5 (30 minutes).........................          50,400
 statements.
50.27; documentation of informed consent.....           2,520              40         100,800  0.5 (30 minutes).........................          50,400
56.109(d); written statement about minimal              2,520               2           5,040  0.5 (30 minutes).........................           2,520
 risk research when documentation of informed
 consent is waived.
56.109(e); written notification to approve or           2,520              40         100,800  0.5 (30 minutes).........................          50,400
 disapprove research.

56.113; suspension of research...............           2,520               1           2,520  0.5 (30 minutes).........................           1,260
56.120(a); IRB response to lesser                           7               1               7  10.......................................              70
 administration actions for noncompliance.
56.123; reinstatement of an IRB or an                       1               1               1  5........................................               5
 institution..
                                              ----------------------------------------------------------------------------------------------------------
    Total....................................  ..............  ..............  ..............  .........................................         155,079
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Based on a review of data, there are currently 2,520 IRBs
overseeing FDA-regulated clinical research. We have revised the table
to list only one requirement per row, rather than estimating the
combination of several requirements. The estimated burden resulted in
an increase from 1 hour to 1.5 hours when these combined requirements
were estimated separately. We believe this is a more accurate measure
of the cumulative time necessary for these activities. We invite
comment on this estimate.

                               Table 2--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                    Average burden
      21 CFR part; activity          Number of      records per    Total annual         per         Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
56.115; IRB records.............           2,520            14.6          36,792              40       1,471,680
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital or operating and maintenance costs associated with the information collection.

    We assume each of the 2,520 IRBs meets an average of 14.6 times
annually and that approximately 40 hours of person-time per meeting are
required to meet the requirements of the regulation. We have reduced
the average burden per record from 100 hours to 40 hours because we
believe the original estimate of 100 hours has decreased with the use
of electronic recordkeeping and new technologies available to maintain
records. We request comments on this revision.

                           Table 3--Estimated Annual Third-Party Disclosure Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
         21 CFR section              Number of      disclosures    Total annual     burden per      Total hours
                                    respondents   per respondent    disclosures     disclosure
----------------------------------------------------------------------------------------------------------------
56.109(g) IRB written statement                8               2              16               1              16
 about public disclosures to
 sponsor of emergency research
 under 50.24....................
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    For the third-party disclosure burden, we estimate that eight IRBs
per year will receive a request to review emergency research under
Sec.  50.24. We estimate that it will take an IRB approximately 1 hour
to prepare each written statement, for a total of 2 hours per study.
The total annual third-party disclosure burden for IRBs to fulfill this
requirement is estimated at 16 hours.

    Dated: August 6, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-17462 Filed 8-13-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Notices]
[Pages 44706-44707]
[FR Doc No: 2021-17380]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0083; FRL-8793-01-OCSPP]

Pesticide Product Registration; Receipt of Applications for New
Active Ingredients (July 2021)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and
opportunity to comment on these applications.

DATES: Comments must be received on or before September 13, 2021.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the File Symbol of interest as shown in the body of
this document, online at 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.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets/about-epa-dockets.
    Due to the public health concerns related to COVID-19, the EPA/DC
and Reading Room is closed to visitors with limited exceptions. The
staff continues to provide remote customer service via email, phone,
and webform. For the latest status information on the EPA/DC and docket
access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Biopesticides and
Pollution Prevention Division (BPPD) (7511P), main telephone number:
(703) 305-7090, email address<EMAIL_ADDRESS>The mailing
address for each contact person is: Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001. As part of the mailing address, include the contact
person's name, division, and mail code. The division to contact is
listed at the end of each pesticide petition summary.

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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).

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 https://www.epa.gov/dockets/commenting-epa-dockets.

II. Registration Applications

    EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the provisions of FIFRA section 3(c)(4)
(7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and
opportunity to comment on these applications. Notice of receipt of
these applications does not imply a decision by the Agency on these
applications. For actions being evaluated under EPA's public
participation process for registration actions, there will be an
additional opportunity for public comment on the proposed decisions.
Please see EPA's public participation website for additional
information on this process (http://www2.epa.gov/pesticide-registration/public-participation-process-registration-actions).

Notice of Receipt--New Active Ingredients

    1. File Symbol: 71771-RG. Docket ID number: EPA-HQ-OPP-2021-0394.
Applicant: Plant Health Care Inc., 2626 Glenwood Ave., Suite 350,
Raleigh, NC 27608. Product name: PHC 25279. Active ingredient:
Biochemical Pesticide--PDHP 25279 at 1%. Proposed use: Fungicide.
Contact: BPPD.
    2. File Symbol: 91283-I. Docket ID number: EPA-HQ-OPP-2021-0421.
Applicant: Amo[eacute]ba SA, 38 Avenue de Fr[egrave]res Montgolfier, F-
69680 Chassieu, France (c/o SciReg, Inc., 12733 Director's Loop,
Woodbridge, VA 22192). Product name: Makycin. Active ingredient:
Fungicide--Lysate of Willaertia magna C2c Maky at 100%. Proposed use:
Fungicide. Contact: BPPD.
    Authority: 7 U.S.C. 136 et seq.

    Dated: August 10, 2021.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2021-17380 Filed 8-12-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Notices]
[Pages 54703-54704]
[FR Doc No: 2014-21744]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Staff Attendance at South Carolina Regional
Transmission Planning Meeting

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of its staff may attend the meeting of the South
Carolina Regional Planning (SCRTP) Stakeholder Group, as noted below.
Their attendance is part of the Commission's ongoing outreach efforts.
    SCRTP September 12, 2014 (10:00 a.m.--3:00 p.m.) Hilton Garden
Inn--Charleston Airport, Palmetto Room, 5265 International Blvd., North
Charleston, SC 29418. The hotel's phone number is<PHONE_NUMBER>.
    The discussions may address matters at issue in the following
proceedings:

Docket No. ER13-107, South Carolina Electric & Gas Company
Docket No. ER13-1935, South Carolina Electric & Gas Company

Docket No. ER13-1928, Duke Energy Carolinas/Carolina Power & Light
Docket No. ER13-1930, Louisville Gas & Electric Company/Kentucky
Utilities
Docket No. ER13-1940, Ohio Valley Electric Corporation
Docket No. ER13-1941, Southern Companies

    These meetings are open to the public.
    For more information, contact Mike Lee, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: September 5, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-21744 Filed 9-11-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Notices]
[Pages 8310-8313]
[FR Doc No: 2016-03266]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77110; File No. SR-NYSEMKT-2016-23]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Modifying the Amex
Options Deep Market Data Product

February 11, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on February 4, 2016, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to modify the Amex Options Deep market data
product. The proposed rule change is available on the Exchange's Web
site at www.nyse.com, at the principal office of the Exchange, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify the Amex Options Deep market data
product.

    The Exchange currently offers the following real-time options
market data feeds: ``Amex Options Top,'' ``Amex Options Deep,'' and
``Amex Options Complex'' (the ``Amex Options Products''). ``Amex
Options Top'' is a single market data product that combines last sale
data, best bids and offers (``BBO''), order imbalance information and
series status and underlying status messages (collectively called
security status messages). ``Amex Options Deep'' is also a single
market data product that provides subscribers NYSE Amex Options quotes
and orders at the first three price levels in each series on a real-
time basis. ``Amex Options Complex,'' also a single market data
product, provides subscribers NYSE Amex Options quote and trade
information (including orders/quotes, requests for responses, and
trades) for the complex order book on a real-time basis.\4\
---------------------------------------------------------------------------

    \4\ See Rule 900.3NY(e), which defines complex orders.
---------------------------------------------------------------------------

    The Exchange charges a single fee for Amex Options Top and
subscribers of Amex Options Top receive all three data feeds described
above. The Exchange charges a separate fee for Amex Options Complex for
subscribers that seek to obtain this data feed on a standalone
basis.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 68004 (Oct. 9,
2012), 77 FR 62582 (Oct. 15, 2012) (SR-NYSEMKT-2012-49)
(establishing fees for certain proprietary options market data
products). See also Securities Exchange Act Release Nos. 69524 (May
6, 2013), 78 FR 27459 (May 10, 2013) (SR-NYSEMKT-2013-35)
(establishing a schedule of NYSE Amex Options proprietary market
data fees); 69553 (May 10, 2013), 78 FR 28926 (May 16, 2013) (SR-
NYSEMKT-2013-40) (establishing non-display usage fees and amending
the professional end-user fees); 71934 (April 11, 2014), 79 FR 21818
(April 17, 2014) (SR-NYSEMKT-2014-30) (amending the professional
user fees); 73008 (Sept. 5, 2014), 79 FR 65325 (Sept. 11, 2014) (SR-
NYSEMKT-2014-73) (amending fees for non-display use); and 73589
(Nov. 13, 2014), 79 FR 68933 (Nov. 19, 2014) (SR-NYSEMKT-2014-94)
(establishing fees for the complex order book feed); and 76022
(September 29, 2015), 80 FR 60201 (October 5, 2015) (modifying
certain proprietary options data products).
---------------------------------------------------------------------------

    The Exchange proposes to modify the Amex Options Deep data feed. As
proposed, Amex Options Deep will also include security status messages,
the same data that is currently provided as part of Amex Options Top.
The proposed modification to the Amex Options Deep data feed will allow
subscribers who currently obtain depth of market data to also receive
security status messages in a single data feed. Currently, these
subscribers are required to process two data feeds to get the depth of
market data and security status information. Offering a data product
that combines, in one market data product, depth of market data and
security status messages would provide greater efficiencies and better
sequencing for vendors and subscribers that currently choose to
integrate the data after receiving it from the Exchange. As with Amex
Options Top, Amex Options Deep would provide depth of market and series
status information on a real-time basis as reported to the Options
Price Reporting Authority (``OPRA'') and disseminated on a consolidated
basis under the OPRA Plan.\6\
---------------------------------------------------------------------------

    \6\ The OPRA Plan is a national market system plan approved by
the Securities and Exchange Commission (``Commission'') pursuant to
Section 11A of the Securities Exchange Act of 1934 (the ``Act'') and
Rule 608 thereunder (formerly Rule 11Aa3-2). See Securities Exchange
Act Release No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 (March
31, 1981). The full text of the OPRA Plan is available at http://www.opradata.com. The OPRA Plan provides for the collection and
dissemination of last sale and quotation information on options that
are traded on the participant exchanges. Section 5.2(c) of the OPRA
Plan also permits OPRA Plan participants to disseminate
unconsolidated market information to certain of their members under
certain circumstances. The manner in which the Exchange proposes to
disseminate the products would comply with Section 5.2(c) of the
OPRA Plan, pursuant to which the Exchange may not disseminate the
products ``on any more timely basis than the same information is
furnished to the OPRA System for inclusion in OPRA's consolidated
dissemination of Options Information.''
---------------------------------------------------------------------------

    The Amex Options Products would continue to be distributed in their
current format, to maintain the format of the Amex Options Products
with that of other market data products offered by the Exchange.
    The Exchange does not propose to make any changes to the fees. The
single fee charged for the Amex Options Product that comprise [sic] the
Amex Options Top, Amex Options Deep and Amex Options Complex would
continue to apply. The separate fee that now applies to Amex Options
Complex, would likewise continue to apply to the Amex Options Complex
market data product.\7\
---------------------------------------------------------------------------

    \7\ The Exchange has not attached an Exhibit 5 with this
proposed rule change because the Exchange is not proposing to make
any fee changes associated with the proposed modification to the
Amex Options Deep market data product.
---------------------------------------------------------------------------

    Each of the Amex Options Products would continue to be offered
through the Exchange's Liquidity Center Network (``LCN''), a local area
network in the Exchange's Mahwah, New Jersey data center that is
available to users of the Exchange's co-location services. The Exchange
would also continue to offer the products through the Exchange's Secure
Financial Transaction Infrastructure (``SFTI'') network, through which
all other users and member organizations access the Exchange's trading
and execution systems and other proprietary market data products.
    The Exchange will announce the date that the Amex Options Deep
market data product will begin to include security status messages
through a NYSE Market Data Notice.
    The proposed change is not intended to address any issues other
than those described herein, and the Exchange is not aware of any
problems that vendors or subscribers would have in complying with the
proposed change.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \8\ of the
Act, in general, and furthers the objectives of Section 6(b)(5) \9\ of
the Act, in particular, in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, 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 it is not designed to permit unfair discrimination
among customers, brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange also believes this proposal is consistent with Section
6(b)(5) of the Act because it protects investors and the public
interest and promotes just and equitable principles of trade by
providing investors with improved options for receiving market data.
The proposed rule changes would benefit investors by facilitating their
prompt access to the additional real-time information contained in a
modified Amex Options Deep market data product.
    In particular, the Exchange believes that combining depth of market
data with security status messages in the Amex Options Deep product is
reasonable because it would provide greater efficiencies for vendors
and subscribers that currently choose to integrate the data after
receiving it from the Exchange. In addition, the change to the Amex
Options Deep product reflects the interests and needs of subscribers
and vendors who will no longer have to subscribe to multiple data feeds
to obtain the information they want. The Exchange believes the proposed
changes are reasonable because they would provide vendors and
subscribers with higher quality market data products.
    In adopting Regulation NMS, the Commission granted self-regulatory

organizations and broker-dealers increased authority and flexibility to
offer new and unique market data to consumers of such data. It was
believed that this authority would expand the amount of data available
to users and consumers of such data and also spur innovation and
competition for the provision of market data. The Exchange believes
that the options data product changes proposed herein are precisely the
sort of market data product evolutions that the Commission envisioned
when it adopted Regulation NMS. The Commission concluded that
Regulation NMS--by lessening regulation of the market in proprietary
data--would itself further the Act's goals of facilitating efficiency
and competition:

    [E]fficiency is promoted when broker-dealers who do not need the
data beyond the prices, sizes, market center identifications of the
NBBO and consolidated last sale information are not required to
receive (and pay for) such data. The Commission also believes that
efficiency is promoted when broker-dealers may choose to receive
(and pay for) additional market data based on their own internal
analysis of the need for such data.\10\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005).

    By removing ``unnecessary regulatory restrictions'' on the ability
of exchanges to sell their own data, Regulation NMS advanced the goals
of the Act and the principles reflected in its legislative history.
    The Exchange further notes that the existence of alternatives to
the Exchange's products, including real-time consolidated data, free
delayed consolidated data, and proprietary data from other sources,
ensures that the Exchange is not unreasonably discriminatory because
vendors and subscribers can elect these alternatives.
    The proposed options data products will help to protect a free and
open market by providing additional data to the marketplace and give
investors greater choices. In addition, the proposal would not permit
unfair discrimination because the products will be available to all of
the Exchange's customers and broker-dealers through both the LCN and
SFTI.

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

    In accordance with Section 6(b)(8) of the Act,\11\ the Exchange
does not believe that the proposed rule change will impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act. The market for proprietary data products is
currently competitive and inherently contestable because there is
fierce competition for the inputs necessary to the creation of
proprietary data. Numerous exchanges compete with each other for
listings, trades, and market data itself, providing virtually limitless
opportunities for entrepreneurs who wish to produce and distribute
their own market data. This proprietary data is produced by each
individual exchange, as well as other entities (such as internalizing
broker-dealers and various forms of alternative trading systems,
including dark pools and electronic communication networks), in a
vigorously competitive market. It is common for market participants to
further and exploit this competition by sending their order flow and
transaction reports to multiple markets, rather than providing them all
to a single market.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\15\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiver of the operative delay is consistent with investor
protection and the public interest because the proposal would allow the
Exchange to offer currently available market data in a streamlined
format that would enhance the quality of market data available to
investors and would enable investors to better monitor trading activity
on the Exchange. Accordingly, the Commission hereby waives the 30-day
operative delay and designates the proposal operative upon filing.\16\
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \17\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2016-23 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2016-23. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use

only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2016-23 and should
be submitted on or before March 10, 2016.
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-03266 Filed 2-17-16; 8:45 am]
BILLING CODE 8011-01-P