DCTM_ ARP. xls Surface N Leached N Reg Scenari Operation lb/ yr lb/ yr BaselineCattle Baseline Beef BaselinePoultry Baseline Broiler BaselineDairy Baseline Dairy BaselineDairy Baseline Heifer BaselinePoultry Baseline Layers BaselinePoultry ( wet) Baseline Layers ( wet) BaselineSwine Baseline Swine combined BaselineSwine Baseline Swine slaughter BaselinePoultry Baseline Turkey BaselineVeal Baseline Veal BaselineTotal Baseline Total Option 1Cattle Option 1 Beef Option 1Poultry Option 1 Broiler Option 1Dairy Option 1 Dairy Option 1Dairy Option 1 Heifer Option 1Poultry Option 1 Layers Option 1Poultry ( wet) Option 1 Layers ( wet) Option 1Swine Option 1 Swine combined Option 1Swine Option 1 Swine slaughter Option 1Poultry Option 1 Turkey Option 1Veal Option 1 Veal Option 1Total Option 1 Total Option 2Cattle Option 2 Beef Option 2Poultry Option 2 Broiler Option 2Dairy Option 2 Dairy Option 2Dairy Option 2 Heifer Option 2Poultry Option 2 Layers Option 2Poultry ( wet) Option 2 Layers ( wet) Option 2Swine Option 2 Swine combined Option 2Swine Option 2 Swine slaughter Option 2Poultry Option 2 Turkey Option 2Veal Option 2 Veal Option 2Total Option 2 Total Option 3Cattle Option 3 Beef Option 3Poultry Option 3 Broiler Option 3Dairy Option 3 Dairy Option 3Dairy Option 3 Heifer Option 3Poultry Option 3 Layers Option 3Poultry ( wet) Option 3 Layers ( wet) Option 3Swine Option 3 Swine combined Option 3Swine Option 3 Swine slaughter Option 3Poultry Option 3 Turkey Option 3Veal Option 3 Veal Option 3Total Option 3 Total Option 5aCattle Option 5 Beef Option 5aPoultry Option 5 Broiler DCTM_ ARP. xls Option 5aDairy Option 5 Dairy Option 5aDairy Option 5 Heifer Option 5aPoultry Option 5 Layers Option 5Poultry ( wet) Option 5 Layers ( wet) Option 5Swine Option 5 Swine combined Option 5Swine Option 5 Swine slaughter Option 5aPoultry Option 5 Turkey Option 5aVeal Option 5 Veal Option 5Total Option 5 Total Option 6Cattle Option 6 Beef 15,876,860 8,572,595 Option 6Poultry Option 6 Broiler 9,305,719 30,213,114 Option 6Dairy Option 6 Dairy 4,127,993 3,926,785 Option 6Dairy Option 6 Heifer 65,035 15,926 Option 6Poultry Option 6 Layers 7,100,339 33,783,086 Option 6Poultry ( wet) Option 6 Layers ( wet) 2,972,647 10,504,146 Option 6Swine Option 6 Swine combined 4,101,331 14,065,827 Option 6Swine Option 6 Swine slaughter 4,257,820 14,751,476 Option 6Poultry Option 6 Turkey 4,271,196 14,861,909 Option 6Veal Option 6 Veal 0 0 Option 6Total Option 6 Total 52,078,939 130,694,863 Option 7Cattle Option 7 Beef Option 7Poultry Option 7 Broiler Option 7Dairy Option 7 Dairy Option 7Dairy Option 7 Heifer Option 7Poultry Option 7 Layers Option 7Poultry ( wet) Option 7 Layers ( wet) Option 7Swine Option 7 Swine combined Option 7Swine Option 7 Swine slaughter Option 7Poultry Option 7 Turkey Option 7Veal Option 7 Veal Option 7Total Option 7 Total DCTM_ ARP. xls N Surface P Leached P P Sediment Sed BOD lb/ yr lb/ yr tons/ yr lb/ yr DCTM_ ARP. xls 24 59,753,603 1,425,911 61 5,047,175 10,094 0 40 14,570,245 1,388,335 16 3,344,288 6,689 0 8 8,757,252 1,135,380 10 869,727 1,739 0 0 178,251 45,819 0 2,263 5 0 41 15,672,179 694,222 16 1,709,434 3,419 0 13 5,807,470 49,014 6 393,696 787 0 18 7,006,406 944,396 8 681,515 1,363 0 19 6,970,189 982,281 8 730,219 1,460 0 19 6,220,188 720,256 7 358,114 716 0 0 0 0 0 0 0 0 183 124,935,783 7,385,615 132 13,136,432 26,273 0 DCTM_ ARP. xls BOD FC FC FS FS Zn Cu 10 10 cfu/ yr 10 10 cfu/ yr lb/ yr lb/ yr DCTM_ ARP. xls 0 36,481,465 36 19,059,046 19 1,566,676 377,287 0 23,927 0 24,548,662 25 1,450,247 203,771 0 263 0 0 0 1,511,193 197,516 0 19,432 0 10,133 0 19,167 3,589 0 396,859 0 992,229 1 3,738,618 219,793 0 46,197 0 115,528 0 861,563 59,233 0 517 0 20,050 0 1,058,886 126,488 0 467 0 18,973 0 1,105,433 130,398 0 40,929 0 101,922 0 1,578,440 84,983 0 0 0 0 0 0 0 0 37,010,055 37 44,866,542 45 12,890,224 1,403,059 DCTM_ ARP. xls Cd Ni Pb As Metals lb/ yr lb/ yr lb/ yr lb/ yr DCTM_ ARP. xls 1,157 439,846 49,196 127,180 2.561 1,985 477,486 95,867 103,196 2.333 2,376 440,586 67,134 62,896 2.282 29 5,744 1,285 588 0.030 8,014 751,673 123,584 147,339 4.989 1,708 159,556 33,208 24,998 1.140 1,983 255,387 43,019 140,643 1.626 1,980 273,223 45,589 144,081 1.701 1,295 287,997 46,332 123,608 2.123 0 0 0 0 0.000 20,527 3,091,497 505,213 874,530 18.785 SUM( TN_ LOAD) SUM( TP_ LOAD) SUM( TSS_ LOAD) g/ s g/ s g/ s Land Cover Cell 2,942.02 4,271.12 929,518.87 Entering RF3 Network 2,383.34 3,242.07 732,632.62  Delivery Ratio 0.81 0.76 0.79 TN_ LOAD = total nitrogen = NON + NH3 + TON TP_ LOAD = total phosphorus = TOP + PO4 TSS_ LOAD = total suspended solids NON_ LOAD = nitrite + nitrate TPO4_ LOAD = orthophosphate TON_ LOAD = total organic nitrogen TOP_ LOAD = total organic phosphorus NH3_ LOAD = ammonia FEC_ LOAD = fecal coliform bacteria FS_ LOAD = fecal streptococci BOD5_ LOAD = 5 day biochemical oxygen demand BODU_ LOAD = ultimate biochemical oxygen demand Here are the national loads and delivery ratios from the CAFO Final Rule Scenario. The loads ratios are constant (+/ 0.01) for all model runs. If you are interested in the loads entering the s interested in something related to benefits, you should probably use the RF3Lite delivery ratio SUM( NON_ LOAD) SUM( TPO4_ LOAD) SUM( TON_ LOAD) SUM( TOP_ LOAD) SUM( NH3_ LOAD) g/ s g/ s g/ s g/ s g/ s 879.17 268.55 682.97 4,002.58 1,379.88 701.19 192.20 535.42 3,049.87 1,146.72 0.80 0.72 0.78 0.76 0.83 ds include both AFO and CAFO loads. Because NWPCAM is a linear model, the delivery e surface water network, you should probably use the RF3 delivery ratios. If you are tios, because NWPCAM only calculates benefits for larger streams. SUM( FEC_ LOAD) SUM( FS_ LOAD) SUM( BOD5_ LOAD) SUM( BODU_ LOAD) MPN/ s MPN/ s g/ s g/ s 2.79E+ 14 3.30E+ 15 744.11 2,232.33 2.10E+ 14 2.85E+ 15 656.35 1,969.05 0.75 0.86 0.88 0.88 DCTM_ ARP. xls Surface N Leached N Reg Scenari Operation lb/ yr lb/ yr BaselineCattle Baseline Beef 0.81 0.81 BaselinePoultry Baseline Broiler 0.81 0.81 BaselineDairy Baseline Dairy 0.81 0.81 BaselineDairy Baseline Heifer 0.81 0.81 BaselinePoultry Baseline Layers 0.81 0.81 BaselinePoultry ( wet) Baseline Layers ( wet) 0.81 0.81 BaselineSwine Baseline Swine combined 0.81 0.81 BaselineSwine Baseline Swine slaughter 0.81 0.81 BaselinePoultry Baseline Turkey 0.81 0.81 BaselineVeal Baseline Veal 0.81 0.81 BaselineTotal Baseline Total 0.81 0.81 Option 1Cattle Option 1 Beef 0.81 0.81 Option 1Poultry Option 1 Broiler 0.81 0.81 Option 1Dairy Option 1 Dairy 0.81 0.81 Option 1Dairy Option 1 Heifer 0.81 0.81 Option 1Poultry Option 1 Layers 0.81 0.81 Option 1Poultry ( wet) Option 1 Layers ( wet) 0.81 0.81 Option 1Swine Option 1 Swine combined 0.81 0.81 Option 1Swine Option 1 Swine slaughter 0.81 0.81 Option 1Poultry Option 1 Turkey 0.81 0.81 Option 1Veal Option 1 Veal 0.81 0.81 Option 1Total Option 1 Total 0.81 0.81 Option 2Cattle Option 2 Beef 0.81 0.81 Option 2Poultry Option 2 Broiler 0.81 0.81 Option 2Dairy Option 2 Dairy 0.81 0.81 Option 2Dairy Option 2 Heifer 0.81 0.81 Option 2Poultry Option 2 Layers 0.81 0.81 Option 2Poultry ( wet) Option 2 Layers ( wet) 0.81 0.81 Option 2Swine Option 2 Swine combined 0.81 0.81 Option 2Swine Option 2 Swine slaughter 0.81 0.81 Option 2Poultry Option 2 Turkey 0.81 0.81 Option 2Veal Option 2 Veal 0.81 0.81 Option 2Total Option 2 Total 0.81 0.81 Option 3Cattle Option 3 Beef 0.81 0.81 Option 3Poultry Option 3 Broiler 0.81 0.81 Option 3Dairy Option 3 Dairy 0.81 0.81 Option 3Dairy Option 3 Heifer 0.81 0.81 Option 3Poultry Option 3 Layers 0.81 0.81 Option 3Poultry ( wet) Option 3 Layers ( wet) 0.81 0.81 Option 3Swine Option 3 Swine combined 0.81 0.81 Option 3Swine Option 3 Swine slaughter 0.81 0.81 Option 3Poultry Option 3 Turkey 0.81 0.81 Option 3Veal Option 3 Veal 0.81 0.81 Option 3Total Option 3 Total 0.81 0.81 Option 5aCattle Option 5 Beef 0.81 0.81 Option 5aPoultry Option 5 Broiler 0.81 0.81 DCTM_ ARP. xls Option 5aDairy Option 5 Dairy 0.81 0.81 Option 5aDairy Option 5 Heifer 0.81 0.81 Option 5aPoultry Option 5 Layers 0.81 0.81 Option 5Poultry ( wet) Option 5 Layers ( wet) 0.81 0.81 Option 5Swine Option 5 Swine combined 0.81 0.81 Option 5Swine Option 5 Swine slaughter 0.81 0.81 Option 5aPoultry Option 5 Turkey 0.81 0.81 Option 5aVeal Option 5 Veal 0.81 0.81 Option 5Total Option 5 Total 0.81 0.81 Option 6Cattle Option 6 Beef 0.81 0.81 Option 6Poultry Option 6 Broiler 0.81 0.81 Option 6Dairy Option 6 Dairy 0.81 0.81 Option 6Dairy Option 6 Heifer 0.81 0.81 Option 6Poultry Option 6 Layers 0.81 0.81 Option 6Poultry ( wet) Option 6 Layers ( wet) 0.81 0.81 Option 6Swine Option 6 Swine combined 0.81 0.81 Option 6Swine Option 6 Swine slaughter 0.81 0.81 Option 6Poultry Option 6 Turkey 0.81 0.81 Option 6Veal Option 6 Veal 0.81 0.81 Option 6Total Option 6 Total 0.81 0.81 Option 7Cattle Option 7 Beef 0.81 0.81 Option 7Poultry Option 7 Broiler 0.81 0.81 Option 7Dairy Option 7 Dairy 0.81 0.81 Option 7Dairy Option 7 Heifer 0.81 0.81 Option 7Poultry Option 7 Layers 0.81 0.81 Option 7Poultry ( wet) Option 7 Layers ( wet) 0.81 0.81 Option 7Swine Option 7 Swine combined 0.81 0.81 Option 7Swine Option 7 Swine slaughter 0.81 0.81 Option 7Poultry Option 7 Turkey 0.81 0.81 Option 7Veal Option 7 Veal 0.81 0.81 Option 7Total Option 7 Total 0.81 0.81 DCTM_ ARP. xls Surface P Leached P Sediment BOD lb/ yr lb/ yr tons/ yr lb/ yr 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 DCTM_ ARP. xls 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 0.76 0.76 0.79 0.88 DCTM_ ARP. xls FC FS Zn Cu 10 10 cfu/ yr 10 10 cfu/ yr lb/ yr lb/ yr 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 DCTM_ ARP. xls 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 0.75 0.88 1 1 DCTM_ ARP. xls Cd Ni Pb As lb/ yr lb/ yr lb/ yr lb/ yr 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DCTM_ ARP. xls 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DCTM_ ARP. xls Surface N Leached N Reg Scenari Operation lb/ yr lb/ yr BaselineCattle Baseline Beef BaselinePoultry Baseline Broiler BaselineDairy Baseline Dairy BaselineDairy Baseline Heifer BaselinePoultry Baseline Layers BaselinePoultry ( wet) Baseline Layers ( wet) BaselineSwine Baseline Swine combined BaselineSwine Baseline Swine slaughter BaselinePoultry Baseline Turkey BaselineVeal Baseline Veal BaselineTotal Baseline Total Option 1Cattle Option 1 Beef Option 1Poultry Option 1 Broiler Option 1Dairy Option 1 Dairy Option 1Dairy Option 1 Heifer Option 1Poultry Option 1 Layers Option 1Poultry ( wet) Option 1 Layers ( wet) Option 1Swine Option 1 Swine combined Option 1Swine Option 1 Swine slaughter Option 1Poultry Option 1 Turkey Option 1Veal Option 1 Veal Option 1Total Option 1 Total Option 2Cattle Option 2 Beef Option 2Poultry Option 2 Broiler Option 2Dairy Option 2 Dairy Option 2Dairy Option 2 Heifer Option 2Poultry Option 2 Layers Option 2Poultry ( wet) Option 2 Layers ( wet) Option 2Swine Option 2 Swine combined Option 2Swine Option 2 Swine slaughter Option 2Poultry Option 2 Turkey Option 2Veal Option 2 Veal Option 2Total Option 2 Total Option 3Cattle Option 3 Beef Option 3Poultry Option 3 Broiler Option 3Dairy Option 3 Dairy Option 3Dairy Option 3 Heifer Option 3Poultry Option 3 Layers Option 3Poultry ( wet) Option 3 Layers ( wet) Option 3Swine Option 3 Swine combined Option 3Swine Option 3 Swine slaughter Option 3Poultry Option 3 Turkey Option 3Veal Option 3 Veal Option 3Total Option 3 Total Option 5aCattle Option 5 Beef Option 5aPoultry Option 5 Broiler DCTM_ ARP. xls Option 5aDairy Option 5 Dairy Option 5aDairy Option 5 Heifer Option 5aPoultry Option 5 Layers Option 5Poultry ( wet) Option 5 Layers ( wet) Option 5Swine Option 5 Swine combined Option 5Swine Option 5 Swine slaughter Option 5aPoultry Option 5 Turkey Option 5aVeal Option 5 Veal Option 5Total Option 5 Total Option 6Cattle Option 6 Beef 19,598,564 10,582,103 Option 6Poultry Option 6 Broiler 11,487,079 37,295,390 Option 6Dairy Option 6 Dairy 5,095,639 4,847,265 Option 6Dairy Option 6 Heifer 80,279 19,659 Option 6Poultry Option 6 Layers 8,764,734 41,702,201 Option 6Poultry ( wet) Option 6 Layers ( wet) 3,669,467 12,966,429 Option 6Swine Option 6 Swine combined 5,062,726 17,363,006 Option 6Swine Option 6 Swine slaughter 5,255,898 18,209,379 Option 6Poultry Option 6 Turkey 5,272,409 18,345,699 Option 6Veal Option 6 Veal 0 0 Option 6Total Option 6 Total 64,286,797 161,331,130 Option 7Cattle Option 7 Beef Option 7Poultry Option 7 Broiler Option 7Dairy Option 7 Dairy Option 7Dairy Option 7 Heifer Option 7Poultry Option 7 Layers Option 7Poultry ( wet) Option 7 Layers ( wet) Option 7Swine Option 7 Swine combined Option 7Swine Option 7 Swine slaughter Option 7Poultry Option 7 Turkey Option 7Veal Option 7 Veal Option 7Total Option 7 Total DCTM_ ARP. xls N Surface P Leached P P Sediment Sed BOD lb/ yr lb/ yr tons/ yr lb/ yr DCTM_ ARP. xls 30 78,719,794 1,878,505 81 6,403,543 12,807 0 49 19,194,938 1,829,002 21 4,243,025 8,486 0 10 11,536,862 1,495,757 13 1,103,455 2,207 0 0 234,829 60,362 0 2,871 6 0 50 20,646,633 914,573 22 2,168,823 4,338 0 17 7,650,799 64,571 8 499,497 999 0 22 9,230,286 1,244,154 10 864,664 1,729 0 23 9,182,573 1,294,064 10 926,457 1,853 0 24 8,194,517 948,870 9 454,353 909 0 0 0 0 0 0 0 0 226 164,591,230 9,729,858 174 16,666,690 33,333 0 DCTM_ ARP. xls BOD FC FC FS FS Zn Cu 10 10 cfu/ yr 10 10 cfu/ yr lb/ yr lb/ yr DCTM_ ARP. xls 0 48,465,404 48 21,607,420 22 1,566,676 377,287 0 31,787 0 27,831,048 28 1,450,247 203,771 0 349 0 0 0 1,511,193 197,516 0 25,815 0 11,488 0 19,167 3,589 0 527,225 1 1,124,899 1 3,738,618 219,793 0 61,372 0 130,975 0 861,563 59,233 0 686 0 22,731 0 1,058,886 126,488 0 621 0 21,510 0 1,105,433 130,398 0 54,374 0 115,550 0 1,578,440 84,983 0 0 0 0 0 0 0 0 49,167,633 49 50,865,620 51 12,890,224 1,403,059 DCTM_ ARP. xls Cd Ni Pb As Metals lb/ yr lb/ yr lb/ yr lb/ yr DCTM_ ARP. xls 1,157 439,846 49,196 127,180 2.561 1,985 477,486 95,867 103,196 2.333 2,376 440,586 67,134 62,896 2.282 29 5,744 1,285 588 0.030 8,014 751,673 123,584 147,339 4.989 1,708 159,556 33,208 24,998 1.140 1,983 255,387 43,019 140,643 1.626 1,980 273,223 45,589 144,081 1.701 1,295 287,997 46,332 123,608 2.123 0 0 0 0 0.000 20,527 3,091,497 505,213 874,530 18.785


[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14534-14536]
[FR Doc No: 2018-06774]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82964; File No. SR-NASDAQ-2018-022]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Exchange Rule 7034

March 29, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 16, 2018, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7034, as described below.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaq.cchwallstreet.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 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
    The Exchange proposes to amend Rule 7034 pertaining to colocation
services and fees to harmonize it with the rules of Nasdaq BX, Inc.
(``BX'').
    The Exchange first proposes to amend Rule 7034(b), under the
heading ``Market Data Connectivity,'' to re-categorize and to update
references to the CBOE/Bats/Direct Edge data feeds to reflect their
current names. Similarly, the Exchange proposes to delete a $1,000
installation fee that presently applies to the Direct Edge feeds
because the Direct Edge feeds are now offerings of CBOE, along with the
BZX and BYX feeds. Going forward, a single, one-time $1,000
installation fee will apply to subscribers to any or all of the CBOE
data feeds. The Exchange also proposes to correct a typographical error
in the name of the TSXV Level 2 Feed. The Exchange notes that this
proposal will render this paragraph of Rule 7034(b) consistent with BX
Rule 7034(b).
    Second, the Exchange proposes to amend Rule 7034(b), under the
heading

``Connectivity to Nasdaq,'' to specify that connectivity to the
Exchange will also provide for connectivity to any or all of the other
Nasdaq, Inc. Exchanges, including not only BX and Nasdaq PHLX LLC
(``Phlx''), but also Nasdaq ISE LLC (``Nasdaq ISE''), Nasdaq MRX LLC
(``Nasdaq MRX''), and Nasdaq GEMX LLC (``Nasdaq GEMX'') (the ``Nasdaq,
Inc. Exchanges''). These changes will render this paragraph of the
Rules consistent with corresponding paragraphs in the rulebooks and
fees schedules of the other Nasdaq Exchanges.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\3\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\4\ in particular, in that it 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.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that its proposal to update Rule 7034 will
serve the interests of the public and investors by ensuring that the
Exchange's Rules are accurate and current with respect to the names of
the third party data feeds to which it offers connectivity.
Furthermore, the Exchange believes that it is in the public interest to
correct typographical errors that could otherwise lead to confusion.
Likewise, it will serve the public interest and the interests of
investors to specify in the Exchange's Rules that connectivity to the
Exchange will also provide for connectivity to any or all of the other
Nasdaq, Inc. Exchanges, including not only BX and Phlx, but also Nasdaq
ISE, Nasdaq MRX, and Nasdaq GEMX. The existing Rule is outdated as it
does not reflect the acquisition by Nasdaq, Inc. of Nasdaq ISE, Nasdaq
MRX, and Nasdaq GEMX and the shared connectivity that has resulted from
that acquisition. The proposal updates the existing Rule. These
proposals will not impact competition or limit access to or
availability of the Exchange or its systems. The Exchange notes the
proposal is noncontroversial because BX has made the same changes to
its rules.
    The Exchange's proposal to eliminate the $1,000 installation fee
that presently applies to the Direct Edge feeds is consistent with
Section 6(b) of the Act,\5\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\6\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers. The proposal is reasonable
because the Direct Edge feeds are now offerings of CBOE, along with the
BZX and BYX feeds. The Exchange believes it is equitable, going
forward, to charge a single, one-time $1,000 installation fee to
subscribers to any or all of the CBOE data feeds, including the BZX
Depth, BYX Depth, EDGA Depth, and EDGX Depth feeds. This proposal is
not unfairly discriminatory because it will apply to all similarly
situated customers of the CBOE data feeds.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
    In this instance, the proposed changes merely eliminate or replace
obsolete text, update references to data feeds and shared connectivity,
and correct typographical errors. The Exchange does not intend for or
expect that such changes will have any impact on competition.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \9\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay so
that the proposed rule change may become operative upon filing. Waiver
of the operative delay would allow the Exchange to update its rules
without delay to reflect current and accurate information with respect
to the third party data feeds to which it offers connectivity, to
reflect the acquisition by Nasdaq, Inc. of Nasdaq ISE, Nasdaq MRX, and
Nasdaq GEMX and the shared connectivity that resulted from the
acquisition, and to correct a typographical error. The Commission also
notes that BX recently made similar changes to its rules.\11\
Therefore, the Commission believes that waiver of the 30-day operative
delay is consistent with the protection of investors and the public
interest. Accordingly, the Commission hereby waives the operative delay
and designates the proposed rule change operative upon filing.\12\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ See Securities Exchange Act Release No. 82628 (February 5,
2018), 83 FR 5818 (February 9, 2018) (SR-BX-2018-006).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission also 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 protected]. Please include
File Number SR-NASDAQ-2018-022 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-NASDAQ-2018-022. 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 office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2018-022, and should be submitted
on or before April 25, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2018-06774 Filed 4-3-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Proposed Rules]
[Pages 29792-29795]
[FR Doc No: 2017-13773]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0629; Directorate Identifier 2016-NM-184-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500
series airplanes. This proposed AD was prompted by reports of fatigue
cracking in the frame outboard chord and in the radius of the auxiliary
chord at a certain area. This proposed AD would require inspections to
detect this cracking, and corrective action if necessary. We are
proposing this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by August 14, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; telephone
562-797-1717; Internet https://www.myboeingfleet.com. You may view this
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0629.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0629; 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 proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Alan Pohl, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-
6450; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2017-0629;
Directorate Identifier 2016-NM-184-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received reports indicating that fatigue cracking was found
in the frame outboard chord at BS 727 and in the radius of the
auxiliary chord at BS 727 and S-18A on certain airplanes. Cracks in the
outboard chord were found on airplanes having between 20,000 and 85,000
flight cycles, and between 27,000 and 74,000 flight hours. Cracks in
the radius of the auxiliary chord were found on airplanes having
between 46,000 and 85,000 flight cycles, and between 41,000 and 64,000
flight hours. The cracks were caused by fatigue, and, for certain
airplanes, the fretting of adjacent parts contributed to the initiation
of the fatigue damage. This condition, if not corrected, could result
in reduced structural integrity of the outboard chord and consequent
rapid decompression of the airplane.

Related Rulemaking

    On October 16, 2012, we issued AD 2012-23-04, Amendment 39-17260
(77 FR 69747, November 21, 2012) (``AD 2012-23-04''), applicable to all
The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500
series airplanes. That AD requires various inspections for cracks in
the outboard chord of the frame at BS 727. That AD also requires
inspections for cracks in the BS 727 frame outboard chord and the
radius of the auxiliary chord, for certain airplanes. That AD was
prompted by several reports of fatigue cracking in the frame outboard
chord at BS 727 and in the radius of the auxiliary chord. The actions
required by that AD are intended to detect and correct fatigue cracking
of the outboard and auxiliary chords, which could result in reduced
structural integrity of the outboard chord and consequent rapid
decompression of the airplane.

    Since issuance of AD 2012-23-04, the FAA has found discrepancies in
the requirements of that AD, as follows:
     The optional terminating action specified in paragraph (r)
of AD 2012-23-04 allows terminating action if the preventive
modification is installed. However, Boeing Alert Service Bulletin 737-
53A1166, Revision 2, dated May 25, 2006, allows terminating action only
if both the BS 727 outboard chord is replaced and the preventive
modification is installed. Consequently, for airplanes having line
numbers 1 through 999 inclusive on which the preventive modification
may have been installed, the outboard chord may not have been replaced.
Additionally, paragraph (r)(2) of AD 2012-23-04 specifies replacing
only a cracked outboard chord; however, the intent was to require
replacement of the outboard chord whether it was cracked or not. In
light of these factors, there could be cracking in the auxiliary chord
combined with cracking in the outboard chord. This cracking could
progress undetected and result in the identified unsafe condition.
     Boeing Alert Service Bulletin 737-53A1166, Revision 2,
dated May 25, 2006, contains instructions to determine whether the
modification should be classified as interim or permanent; a one-time
inspection is specified after the interim modification is done. The
instructions specified in the previous service information did not
contain this stipulation during installation of the preventive
modification. Therefore, the modification could have resulted in edge
margins in the frame outboard chord that would have been classified as
interim had the modification been done in accordance with Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006. Since
neither Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated
May 25, 2006, nor AD 2012-23-04 contained instructions to measure edge
margins, it is possible that an edge margin condition exists, so the
one-time follow-on inspection must be done.
     Paragraph (r) of AD 2012-23-04 terminates the one-time
inspection specified in Part 8 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated May 25,
2006, for airplanes that have the interim preventive modification
installed. This inspection is referenced in paragraph (o) of AD 2012-
23-04, and should not have been terminated. Paragraph (o) of AD 2012-
23-04 was incorrectly included in the list of paragraphs with
inspections that are terminated after accomplishing paragraph (r) of
that AD.
    Therefore, since the discrepancies described previously provide
inadvertent relief to operators, we find it necessary to issue
additional, new AD rulemaking to provide additional inspection
requirements. We have confirmed that the requirements of this AD
correct those discrepancies and do not conflict with other requirements
of AD 2012-23-04.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-53A1166, Revision 2,
dated May 25, 2006. The service information describes procedures for
inspections for cracks of the BS 727 frame outboard chord and in the
radius of the auxiliary chord, and repair or replacement if necessary.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously.
    This AD corrects discrepancies in the requirements for certain
airplanes identified in AD 2012-23-04. The FAA has considered that fact
in determining whether to issue a new AD action or to supersede AD
2012-23-04. We have determined that a less burdensome approach is to
issue a separate AD action applicable to the airplanes on which the
discrepancies could have occurred. This proposed AD would not supersede
AD 2012-23-04, and compliance with the requirements must continue for
airplanes listed in the applicability of AD 2012-23-04. This proposed
AD is a separate AD action, applicable only to the airplanes identified
in paragraph (c) of this AD.

Costs of Compliance

    We estimate the following costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Affected
                                                                          airplanes     Cost per
                  Action                            Labor cost             of  U.S.     product                    Cost on U.S. operators
                                                                           registry
--------------------------------------------------------------------------------------------------------------------------------------------------------
Detailed and High Frequency Eddy Current   6 work-hours x $85 per hour             5         $510  $2,550 per inspection cycle.
 (HFEC) inspections.                        = $510 per inspection cycle.
One-time follow-on HFEC inspection.......  9 work-hours x $85 per hour             5          765  $3,825.
                                            = $765.
HFEC inspection..........................  9 work-hours x $85 per hour           150          765  $114,750.
                                            = $765.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that
would be required based on the results of the inspections. We have no
way of determining the number of aircraft that might need these
repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repair of cracking of the outboard chord frame  514 work-hours x $85 per hour =          $13,586         $57,276
                                                 $43,690.
Repair of cracking of the outboard chord......  49 work-hours x $85 per hour =             4,255           8,420
                                                 $4,165.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the 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.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

The Boeing Company: Docket No. FAA-2017-0629; Directorate Identifier
2016-NM-184-AD.

(a) Comments Due Date

    We must receive comments by August 14, 2017.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of fatigue cracking in the frame
outboard chord and in the radius of the auxiliary chord at body
station (BS) 727 and stringer (S) 18A. We are issuing this AD to
detect and correct fatigue cracking of the outboard and auxiliary
chords, which could result in reduced structural integrity of the
outboard chord and consequent rapid decompression of the airplane.

(f) Compliance

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

(g) Repetitive Inspections and Corrective Action

    For airplanes identified in paragraph (h) of this AD: Within
4,500 flight cycles or 24 months after the effective date of this
AD, whichever occurs first, do internal detailed and High Frequency
Eddy Current (HFEC) inspections to detect cracks in the auxiliary
chord radius, in accordance with Part 1 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1166, Revision
2, dated May 25, 2006. If any crack is found during any inspection
required by this paragraph, before further flight, repair using a
method approved in accordance with the procedures specified in
paragraph (l) of this AD. Repeat the inspections thereafter at
intervals not to exceed 15,000 flight cycles. Replacement of the
outboard chord of the frame at BS 727 concurrently with the
installation of the preventive modification of the outboard chord in
accordance with Part 6 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006,
terminates the repetitive inspections required by this paragraph.

(h) Airplanes for Actions Specified in Paragraph (g) of This AD

    The actions specified in paragraph (g) of this AD are required
for airplanes that meet the criteria of paragraphs (h)(1), (h)(2),
(h)(3), and (h)(4) of this AD.
    (1) Model 737-100, -200, and -200C series airplanes, line
numbers 1 through 999 inclusive.
    (2) Airplanes identified as Groups 1, 2, and 3 in Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006.
    (3) Airplanes on which a preventive modification has been
installed in accordance with the method specified in paragraph
(h)(3)(i), (h)(3)(ii), or (h)(3)(iii) of this AD.
    (i) Part 6 of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006.
    (ii) Part II of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1166, Revision 1, dated May 25, 1995.
    (iii) Part II of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1166, dated June 30, 1994.
    (4) Airplanes on which the outboard chord has not been replaced
in accordance with the method specified in paragraph (h)(4)(i),
(h)(4)(ii), or (h)(4)(iii) of this AD.
    (i) Part 3 of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006.
    (ii) Part I of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1166, Revision 1, dated May 25, 1995.
    (iii) Part I of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1166, dated June 30, 1994.

(i) Edge Margin Measurement, Related Investigative Actions, and Repair

    For Model 737-100, -200, and -200C series airplanes having line
numbers 1 through 999 inclusive, identified as Groups 1 through 3 in
Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated May 25,
2006, on which the preventive modification has been installed in
accordance with Boeing Alert Service Bulletin 737-53A1166, dated
June 30, 1994; or Boeing Alert Service Bulletin 737-53A1166,
Revision 1, dated May 25, 1995: Within 60,000 flight cycles after
accomplishing the preventive modification, determine if the
modification is classified as interim or permanent by using the edge
margin measurement and repair classification specified in Part 6 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1166, Revision 2, dated May 25, 2006. In lieu of measuring on
the airplane, a review of engineering documentation may be used to
classify the modification if the engineering documentation was
completed at the time of the modification and has the edge margins
recorded.
    (1) If the modification is classified as permanent, no further
action is required by paragraph (i) of this AD.
    (2) If the modification is classified as interim: Within 60,000
flight cycles after accomplishment of the interim modification of
the outboard chord of the frame at BS 727 at S-18A, but no earlier
than 50,000 flight cycles after accomplishment of the modification,
do a one-time follow-on open-hole eddy current inspection to detect
cracks

in the modified chord, in accordance with Part 8 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1166, Revision 2, dated May 25, 2006. If any crack is found,
before further flight, repair in accordance with Part 3 or Part 4,
as applicable, of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006;
except, if the repairs cannot be installed using the identified
procedures, repair before further flight using a method approved in
accordance with the procedures specified in paragraph (l) of this
AD.

(j) Follow-On Inspection for Interim Modification and Repair

    For airplanes having line numbers 1 through 3132 inclusive, on
which an interim modification of the BS 727 outboard chord as
defined in Part 6 of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1166, Revision 2, dated May 25, 2006, has
been accomplished: Within 60,000 flight cycles after accomplishment
of the interim modification of the outboard chord of the frame at BS
727 at S-18A, but no earlier than 50,000 flight cycles after
accomplishment of the modification, do a one-time follow-on open-
hole eddy current inspection to detect cracks in the modified chord,
in accordance with Part 8 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated May 25,
2006. If any crack is found during the inspection required by this
paragraph, before further flight, repair in accordance with Part 3
or Part 4, as applicable, of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1166, Revision 2, dated May 25,
2006; except, where the repairs cannot be installed using the
procedures identified in this service bulletin, repair before
further flight using a method approved in accordance with the
procedures specified in paragraph (l) of this AD.

(k) Exception to the Service Information

    Access and restoration procedures specified in the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1166, Revision 2, dated May 25, 2006, are not required by this
AD. Operators may do those actions following their approved
maintenance procedures.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 paragraph (m)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(m) Related Information

    (1) For more information about this AD, contact Alan Pohl,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740;
telephone<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You
may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.

    Issued in Renton, Washington, on June 22, 2017.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-13773 Filed 6-29-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62842-62846]
[FR Doc No: 2013-24634]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70625; File No. SR-EDGA-2013-29]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
EDGA Rules 3.2, 13.3, and Adopt Rule 12.14, Front Running of Block
Transactions To Conform With the Rules of Other Self-Regulatory
Organizations

October 8, 2013.
    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 September 26, 2013, EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which items have been prepared by the self-regulatory
organization. The 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

    The Exchange proposes to: (i) Amend Rule 3.22, Proxy Voting; (ii)
amend Rule 13.3, Forwarding of Issuer Materials; and (iii) adopt new
Rule 12.14, Front Running of Block Transactions, to conform with the
rules of the Financial Industry Regulatory Authority, Inc. (``FINRA'')
for purposes of an agreement between the Exchange and FINRA pursuant to
Rule 17d-2 under the Act.\3\ All of the changes described herein are
applicable to EDGA Members. The text of the proposed rule change is
available on the Exchange's Internet Web site at www.directedge.com, at
the Exchange's principal office, and at the Public Reference Room of
the Commission.
---------------------------------------------------------------------------

    \3\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------

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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Pursuant to Rule 17d-2 under the Act,\4\ the Exchange and FINRA
entered into an agreement to allocate regulatory responsibility for
common rules (the ``17d-2 Agreement''). The 17d-2 Agreement covers
common members of the Exchange and FINRA and allocates to FINRA
regulatory responsibility, with respect to common members, for the
following: (i) Examination of common members of the Exchange and FINRA
for compliance with federal securities laws, rules and regulations and
rules of the Exchange that the Exchange has certified as identical or
substantially similar to FINRA rules; (ii) investigation of common
members of EDGA and FINRA for violations of federal securities laws,
rules or regulations, or Exchange rules that the Exchange has certified
as identical or substantially identical to a FINRA rule; and (iii)
enforcement of compliance by common members with the federal securities
laws, rules and regulations, and the rules of the Exchange that the
Exchange has certified as identical or substantially similar to FINRA
rules.\5\
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    \4\ 17 CFR 240.17d-2.
    \5\ See Securities and Exchange Release No. 61698 (March 12,
2010), 75 FR 13151 (March 18, 2010) (approving File No. 10-196).
---------------------------------------------------------------------------

    The 17d-2 Agreement included a certification by the Exchange that
states that the requirements contained in certain Exchange rules are
identical to, or substantially similar to, certain FINRA rules that
have been identified as comparable. To conform with comparable FINRA
rules for purposes of the 17d-2 Agreement, the Exchange proposes to:
(i) Amend Rule 3.22, Proxy Voting; (ii) amend Rule 13.3, Forwarding of
Issuer Materials; and (iii) adopt new Rule 12.14, Front Running of
Block Transactions.
Rule 3.22, Proxy Voting and Rule 13.3, Forwarding of Issuer Materials
    The Exchange proposes to amend Rules 3.22 and 13.3 concerning proxy
voting and forwarding of proxy materials to align these rules with
FINRA Rule 2251.\6\ Section 957 of the Dodd-Frank Act amended Section
6(b) of the Act \7\ to require the rules of each national securities
exchange prohibit any member organization that is not the beneficial
owner of a security registered under Section 12 of the Act \8\ from
granting a proxy to vote the security in connection with certain
stockholder votes, unless the beneficial owner of the security has
instructed the member organization to vote the proxy in accordance with
the voting instructions of the beneficial owner. The stockholder votes
covered by Section 957 include any vote with respect to: (i) The
election of a member of the board of directors of an issuer (other than
an uncontested election of a director of an investment company
registered under the Investment Company Act); (ii) executive
compensation; or (iii) any other significant matter, as determined by
the Commission, by rule. The Exchange carries out the requirements of
Section 957 of the Dodd-Frank Act under paragraph (a) to Exchange Rule
3.22 which prohibits a Member from giving a proxy to vote stock that is
registered in its name, unless: (i) Such Member is the beneficial owner
of such stock; (ii) such proxy is given pursuant to the written
instructions of the beneficial owner; or (iii) such proxy is given
pursuant to the rules of any national securities exchange or
association of which it is a member provided that the records of the
Member clearly indicate the procedure it is following.
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    \6\ Similarly, on September 30, 2011, BATS Y-Exchange, Inc.
(``BYX'') amended their Rule 13.3 to align it with FINRA Rule 2251.
See Securities Exchange Act Release No. 65448 (September 30, 2011),
76 FR 62103 (October 6, 2011) (Notice of Filing and Order Granting
Accelerated Approval of Proposed Rule Change to Amend BYX Rule 13.3
to Prohibit Members from Voting Uninstructed Shares on Certain
Matters and to Align BYX Rule 13.3, Concerning the Forwarding of
Proxy and Other Material and Proxy Voting, with FINRA Rule 2251).
    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78l.
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    Similarly, the Exchange proposes to add new paragraph (c) to Rule
3.22, based entirely on FINRA Rule 2251(d), to explicitly state that a
Member may give a proxy to vote any stock registered in its name if
such Member holds such stock as executor, administrator, guardian,
trustee, or in a similar representative or fiduciary capacity with
authority to vote. Proposed paragraph (c) would also state that a
Member that has in its possession or within its control stock
registered in the name of another Member and that desires to transmit
signed proxies pursuant to the provisions of Rule 13.3, shall obtain
the requisite number of signed proxies from such holder of record.
Lastly, proposed paragraph (c) would also state that, notwithstanding
the foregoing: (1) Any Member designated by a named Employee Retirement
Income Security Act of 1974 (as amended) (``ERISA'') Plan fiduciary as
the investment manager of stock held as assets of the ERISA Plan may
vote the proxies in accordance with the ERISA Plan fiduciary
responsibilities if the ERISA Plan expressly grants discretion to the
investment manager to manage, acquire, or dispose of any plan asset and
has not expressly reserved the proxy voting right for the named ERISA
Plan fiduciary; and (2) any designated investment adviser may vote such
proxies.
    To promote consistency with FINRA Rule 2251, the Exchange proposes
to add language to the existing text of Rule 13.3 to state that for
beneficial owners, the proxy materials or other materials to be
forwarded on behalf of an issuer can be sent to the beneficial owner's
designated investment adviser, if applicable. In conjunction with this
change, the Exchange proposes to adopt the definition of ``designated
investment adviser'' set forth in FINRA Rule 2251(f) as Interpretation
and Policy .01 to Rule 3.22.
    The Exchange also proposes modifying the text of Rule 13.3, which
currently would require forwarding of proxy material but which does not
explicitly reference such material, to add such an explicit reference.
The Exchange further proposes to modify the text of Rule 13.3 to
reference ``security holders,'' rather than stockholders, in the
initial sentence, to ensure that the coverage of the rule applies to
all securities, including debt securities to the extent applicable, and
not just equity securities. The Exchange also proposes to incorporate
certain language from FINRA Rule 2251 that provides additional detail
regarding the material that must be provided to beneficial owners in
the event of a proxy solicitation. Specifically, Rule 13.3 as amended
would state that in the event of a proxy solicitation, materials
provided pursuant to the Rule shall include a signed proxy indicating
the number of shares held for such beneficial owner and bearing a
symbol identifying the proxy with proxy records maintained by the
Member, and a letter informing the beneficial owner (or the beneficial
owner's designated investment adviser) of the time limit and necessity
for completing the proxy form and forwarding it to the person
soliciting proxies prior to the expiration of the time limit in order
for the shares to be represented at the meeting. The Rule would also
require a Member to furnish a copy of the symbols to the person
soliciting the proxies and shall also retain a copy thereof pursuant to
the provisions of Exchange Act Rule 17a-4. Finally, the Exchange
proposes

to modify the title of Rule 13.3 to include a reference to proxy
voting.
    The Exchange believes that these changes will help to avoid
confusion among Members of the Exchange that are also members of FINRA
by further aligning the Exchange's rules with FINRA Rule 2251. The
proposed changes to Rules 3.22 and 13.3 are designed to enable the
Exchange to incorporate Rules 3.22 and 13.3 into the 17d-2 Agreement,
further reducing duplicative regulation of Members that are also
members of FINRA.
Rule 12.14, Front Running of Block Transactions
    The Exchange proposes to adopt new Rule 12.14, Front Running of
Block Transactions, which would require that Members and persons
associated with a Member shall comply with FINRA Rule 5270 as if such
Rule were part of the Exchange's Rules. The proposed rule text is
substantially the same as IM-2110-3 of the Nasdaq Stock Market LLC
(``Nasdaq''), which has been approved by the Commission.\9\ FINRA Rule
5270 states that no FINRA member or person associated with a member
shall cause to be executed an order to buy or sell a security or a
related financial instrument \10\ when such member or person associated
with a member has material, non-public market information concerning an
imminent block transaction \11\ in that security, a related financial
instrument or a security underlying the related financial instrument.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 53128 (January 13,
2006), 71 FR 3550 (January 23, 2006) (order approving Nasdaq's
application for registration as a national securities exchange). See
also Securities Exchange Act Release No. 58069 (June 30, 2008), 73
FR 39360 (July 9, 2008) (SR-Nasdaq-2008-054) (Notice of Filing and
Immediate Effectiveness). Securities Exchange Act Release No. 34-
67774 (September 4, 2012), 77 FR 55519 (September 12, 2012)
(Approval Order).
    \10\ FINRA Rule 5270 defines the term ``related financial
instrument'' as ``any option, derivative, security-based swap, or
other financial instrument overlying a security, the value of which
is materially related to, or otherwise acts as a substitute for,
such security, as well as any contract that is the functional
economic equivalent of a position in such security.''
    \11\ Under FINRA Rule 5270, a transaction involving 10,000
shares or more of a security, an underlying security, or a related
financial instrument overlying such number of shares, is generally
deemed to be a block transaction, although a transaction of fewer
than 10,000 shares could be considered a block transaction. A block
transaction that has been agreed upon does not lose its identity as
such by arranging for partial executions of the full transaction in
portions which themselves are not of block size if the execution of
the full transaction may have a material impact on the market.
---------------------------------------------------------------------------

    FINRA Rule 5270 includes exceptions to the general prohibitions of
the rule where a member can demonstrate that a transaction is unrelated
to the material, non-public market information received in connection
with the customer order. The Supplementary Material to FINRA Rule 5270
includes an illustrative list of potentially permitted transactions as
examples of transactions that, depending upon the circumstances, may be
unrelated to the customer block order. These types of transactions may
include: where the member has information barriers established to
prevent internal disclosure of such information; actions in the same
security related to a prior customer order in that security;
transactions to correct bona fide errors; or transactions to offset
odd-lot orders.
    In addition, Rule 5270 does not preclude transactions undertaken
for the purpose of fulfilling, or facilitating the execution of, the
customer block order. However, when engaging in trading activity that
could affect the market for the security that is the subject of the
customer block order, the member must minimize any potential
disadvantage or harm in the execution of the customer's order, must not
place the member's financial interests ahead of those of its customer,
and must obtain the customer's consent to such trading activity. A
member may obtain its customers' consent through affirmative written
consent or through the use of a negative consent letter. The negative
consent letter must clearly disclose to the customer the terms and
conditions for handling the customer's orders; if the customer does not
object, then the member may reasonably conclude that the customer has
consented and the member may rely on such letter for all or a portion
of the customer's orders. In addition, a member may provide clear and
comprehensive oral disclosure to and obtain consent from the customer
on an order-by-order basis, provided that the member documents who
provided such consent and such consent evidences the customer's
understanding of the terms and conditions for handling the customer's
order.
    The Exchange also proposes to state in new Rule 12.14 that although
the prohibitions in Rule 5270 are limited to imminent block
transactions, the front running of other types of orders that place the
financial interests of the Member or persons associated with a Member
ahead of those of its customer or the misuse of knowledge of an
imminent customer order may violate other Exchange rules, including
Rule 3.1 and Rule 12.6, or provisions of the federal securities laws.
2. Statutory Basis
    The Exchange believes that proposed rule change is consistent with
Section 6(b)(5) of the Act,\12\ which requires, among other things,
that the Exchange's rules 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 facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system. The Exchange believes that the
proposed rule change will further these requirements by eliminating
duplicative and unnecessary rules and advancing the development of a
more efficient and effective Exchange Rulebook. The proposed rule
change would provide greater harmonization between Exchange and FINRA
rules of similar purpose, resulting in greater uniformity and less
burdensome and more efficient regulatory compliance. As such, the
proposed rule change would foster cooperation and coordination with
persons engaged in facilitating transactions in securities and would
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
---------------------------------------------------------------------------

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

Rule 3.22, Proxy Voting and Rule 13.3, Forwarding of Issuer Materials
    The Exchange believes that proposed amendments to Rules 3.22 and
13.3 are consistent with Section 6(b)(5) of the Act,\13\ because they
remove impediments to, and perfect the mechanism of, a free and open
market and a national market system by providing for consistent
regulation for Members of the Exchange that are members of other SROs
with analogous rules.\14\ The proposed changes to Rules 3.22 and 13.3
and proposed Interpretation and Policy .01 are consistent with FINRA
Rule 2251. Accordingly, the Exchange believes that the proposal fosters
cooperation because, to the extent the Exchange is able to incorporate
Rule 13.3 into the 17d-2 Agreement as a rule in common between the
Exchange and FINRA, then FINRA will conduct a review for compliance
with the common rule to the extent a Member of the Exchange is also a
member of FINRA, and the Exchange will not conduct a duplicative review
of the same activity by that Member. Finally, the Exchange believes

that the proposal will contribute to investor protection by defining
important requirements to which Members must abide with respect to
proxy solicitation, proxy voting and delivery of proxy materials.
---------------------------------------------------------------------------

    \13\ Id.
    \14\ See, e.g., FINRA Rule 2251, BYX Rule 13.3, ISE Rule 421,
NYSE Arca Rule 9.4, and Nasdaq Rule 2251.
---------------------------------------------------------------------------

Rule 12.14, Front Running of Block Transactions
    The Exchange believes that new Rule 12.14 is consistent with
Section 6(b)(5) of the Act \15\ which requires, among other things,
that the Exchange rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. By incorporating FINRA Rule 5270, new Rule 12.14
prohibits front running trading activity that the Exchange believes is
inconsistent with just and equitable principles of trade while also
ensuring that Members may continue to engage in transactions that do
not present the risk of abusive trading practices that the rule is
intended to prevent. The Exchange believes that Rule 12.14 would
enhance the protection of customer orders by addressing various types
of abusive trading that may be intended to take advantage of customer
orders. As previously noted, the proposed rule text is substantially
similar to Nasdaq's IM-2110-3, which has been approved by the
Commission.\16\ By adopting Rule 12.14, the Exchange believes that
imminent customer block orders would be better protected and that the
proposed rule change will prevent fraudulent and manipulative acts and
practices, promote just and equitable principles of trade, and better
protect investors and the public interest.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b)(5).
    \16\ See Securities Exchange Act Release No. 53128 (January 13,
2006), 71 FR 3550 (January 23, 2006) (order approving Nasdaq's
application for registration as a national securities exchange). See
also Securities Exchange Act Release No. 58069 (June 30, 2008), 73
FR 39360 (July 9, 2008) (SR-Nasdaq-2008-054) (Notice of Filing and
Immediate Effectiveness). Securities Exchange Act Release No. 34-
67774 (September 4, 2012), 77 FR 55519 (September 12, 2012)
(Approval Order).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues but rather is designed
to provide greater harmonization among Exchange and FINRA rules of
similar purpose, resulting in less burdensome and more efficient
regulatory compliance for common members and facilitating FINRA's
performance of its regulatory functions under the 17d-2 Agreement.

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

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

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

    Because the foregoing proposed rule change does not: (1)
Significantly affect the protection of investors or the public
interest; (2) impose any significant burden on competition; and (3) by
its terms does not become operative for 30 days after the date of this
filing, 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 \17\ and Rule 19b-4(f)(6) thereunder.\18\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has met this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to 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 waiving the 30-
day operative delay is consistent with the protection of investors and
the public interest because it will help foster consistency between the
rulebooks of the self-regulatory organizations.\19\ Accordingly, the
Commission hereby grants the Exchange's request and designates the
proposal operative upon filing.
---------------------------------------------------------------------------

    \19\ For purposes only of waiving the 30-day operative delay,
the Commission has also 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.

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-EDGA-2013-29 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-EDGA-2013-29. 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-EDGA-2013-29 and should be
submitted on or before November 12, 2013.

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

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24634 Filed 10-21-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Notices]
[Pages 11240-11242]
[FR Doc No: 2011-4633]

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

[EPA-HQ-ORD-2011-0175; FRL-9274-5]

Human Studies Review Board (HSRB); Notification of a Public
Teleconference To Review a Draft Report From HSRB Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The U. S. Environmental Protection Agency (EPA) Office of the
Science Advisor (OSA) announces a public teleconference of the HSRB to
discuss its draft report from the January 26, 2011 HSRB meeting.

DATES: The teleconference will be held on Thursday, March 17, 2011 from
approximately 1 p.m. to approximately 3 p.m. Eastern Time.

ADDRESSES: Submit your written comments, identified by Docket ID No.
EPA-HQ-ORD-2011-0175, by one of the following methods:
    Internet: http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    E-mail<EMAIL_ADDRESS>    Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC),
ORD Docket, Mail Code 28221T, 1200 Pennsylvania Ave., NW., Washington,
DC 20460.
    Hand Delivery: The EPA/DC Public Reading Room is located in the EPA
Headquarters Library, Room Number 3334 in the EPA West Building,
located at 1301 Constitution Avenue, NW., Washington, DC 20460. The
hours of operation are 8:30 a.m. to 4:30 p.m. Eastern Time, Monday
through Friday, excluding Federal holidays. Please call<PHONE_NUMBER>
or e-mail the ORD Docket at<EMAIL_ADDRESS>for instructions.
Updates to Public Reading Room access are available on the Web site
(http://www.epa.gov/epahome/dockets.htm).
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2011-0175. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comments includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is

an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comments and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.

FOR FURTHER INFORMATION CONTACT: Any members of the public who wish to
receive further information should contact Jim Downing at telephone
number:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>or Lu-Ann Kleibacker at telephone number: (202)
564-7189; fax:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>mailing address: Environmental Protection Agency, Office
of the Science Advisor, 8105R, 1200 Pennsylvania Ave., NW., Washington,
DC 20460. General information concerning the EPA HSRB can be found on
the EPA Web site at http://www.epa.gov/osa/hsrb/.

SUPPLEMENTARY INFORMATION:
    Location: The meeting will take place via telephone only.
    Meeting access: For information on access or services for
individuals with disabilities, please contact Lu-Ann Kleibacker at
least ten business days prior to the meeting using the information
under FOR FURTHER INFORMATION CONTACT, so that appropriate arrangements
can be made.
    Procedures for providing public input: Interested members of the
public may submit relevant written or oral comments for the HSRB to
consider during the advisory process. Additional information concerning
submission of relevant written or oral comments is provided in section
I, ``Public Meeting,'' under subsection D, ``How May I Participate in
this Meeting?'' of this notice.

I. Public Meeting

A. Does this action apply to me?

    This action is directed to the public in general. This action may,
however, be of particular interest to persons who conduct or assess
human studies, especially studies on substances regulated by EPA, or to
persons who are, or may be required to conduct testing of chemical
substances under the Federal Food, Drug, and Cosmetic Act (FFDCA) or
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since
other entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have any questions regarding the applicability of this action to
a particular entity, consult Jim Downing or Lu-Ann Kleibacker listed
under FOR FURTHER INFORMATION CONTACT.

B. How can I access electronic copies of this document and other
related information?

    In addition to using regulations.gov, you may access this Federal
Register document electronically through the EPA Internet under the
Federal Register listings at http://www.epa.gov/fedrgstr/.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the ORD Docket, EPA/DC
Public Reading Room. The EPA/DC Public Reading Room is located in the
EPA Headquarters Library, Room Number 3334 in the EPA West Building,
located at 1301 Constitution Avenue, NW., Washington, DC 20460. The
hours of operation are 8:30 a.m to 4:30 p.m. Eastern Time, Monday
through Friday, excluding Federal holidays. Please call<PHONE_NUMBER>,
or e-mail the ORD Docket at<EMAIL_ADDRESS>for instructions.
Updates to the Public Reading Room access are available on the Web site
(http://www.epa.gov/epahome/dockets.htm).

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

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you use
that support your views.
    4. Provide specific examples to illustrate your concerns and
suggest alternatives.
    5. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date and Federal
Register citation.

D. How may I participate in this meeting?

    You may participate in this meeting by following the instructions
in this section. To ensure proper receipt by EPA, it is imperative that
you identify docket ID number EPA-HQ-ORD-2011-0175 in the subject line
on the first page of your request.
    1. Oral comments. Requests to present oral comments will be
accepted up to March 10, 2011. To the extent that time permits,
interested persons who have not pre-registered may be permitted by the
Chair of the HSRB to present oral comments at the meeting. Each
individual or group wishing to make brief oral comments to the HSRB is
strongly advised to submit their request (preferably via e-mail) to Jim
Downing or Lu-Ann Kleibacker under FOR FURTHER INFORMATION CONTACT no
later than noon, Eastern Time, March 10, 2011, in order to be included
on the meeting agenda and to provide sufficient time for the HSRB Chair
and HSRB Designated Federal Official (DFO) to review the meeting agenda
to provide an appropriate public comment period. The request should
identify the name of the individual making the presentation and the
organization (if any) the individual will represent. Oral comments
before the HSRB are generally limited to five minutes per individual or
organization. Please note that this includes all individuals appearing
either as part of, or on behalf of, an organization. While it is our
intent to hear a full range of oral comments on the science and ethics
issues under discussion, it is not our intent to permit organizations
to expand the time limitations by having numerous individuals sign up
separately to speak on their behalf. If additional time is available,
further public comments may be possible.
    2. Written comments. Submit written comments prior to the meeting.
For the HSRB to have the best opportunity to review and consider your
comments as it deliberates on its report, you should submit your
comments at least five business days prior to the beginning of this
teleconference. If you submit comments after this date, those comments
will be provided to the Board members, but you should recognize that

the Board members may not have adequate time to consider those comments
prior to making a decision. Thus, if you plan to submit written
comments, the Agency strongly encourages you to submit such comments no
later than noon, Eastern Time, March 10, 2011. You should submit your
comments using the instructions in section I, under subsection C,
``What Should I Consider as I Prepare My Comments for EPA?''. In
addition, the Agency also requests that persons submitting comments
directly to the docket also provide a copy of their comments to Jim
Downing or Lu-Ann Kleibacker listed under FOR FURTHER INFORMATION
CONTACT. There is no limit on the length of written comments for
consideration by the HSRB.

E. Background

    The HSRB is a Federal advisory committee operating in accordance
with the Federal Advisory Committee Act (FACA) 5 U.S.C. App.2 Sec.  9.
The HSRB provides advice, information, and recommendations to EPA on
issues related to scientific and ethical aspects of human subjects
research. The major objectives of the HSRB are to provide advice and
recommendations on: (1) Research proposals and protocols; (2) reports
of completed research with human subjects; and (3) how to strengthen
EPA's programs for protection of human subjects of research. The HSRB
reports to the EPA Administrator through EPA's Science Advisor.
    1. Topics for Discussion. The HSRB will be reviewing its draft
report from the January 26, 2011 HSRB meeting. The Board may also
discuss planning for future HSRB meetings. Background on the January
26, 2011 HSRB meeting can be found at [Federal Register Volume 76,
Number 8 (Wednesday, January 12, 2011)] [Notices] [pages 2107-2109] and
at the HSRB Web site http://www.epa.gov/osa/hsrb/. The January 26, 2011
meeting draft report is now available. You may obtain electronic copies
of this document and certain other related documents that might be
available electronically from the http://www.regulations.gov website
and the HSRB Internet home page at http://www.epa.gov/osa/hsrb/. For
questions on document availability or if you do not have access to the
Internet, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

    Dated: February 25, 2011.
Paul T. Anastas,
EPA Science Advisor.
[FR Doc. 2011-4633 Filed 2-28-11; 8:45 am]
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[Federal Register: February 15, 2008 (Volume 73, Number 32)]
[Notices]
[Page 8925-8926]
[DOCID:fr15fe08-127]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Issuance of Final Report of the Amateur-Built Aviation Rulemaking
Committee and Changes to Certain Documents Related to Amateur-Built
Aircraft

AGENCY: Federal Aviation Administration, DOT.

SUMMARY: This notice announces the issuance of the final report from
the Amateur-Built Rulemaking Committee. The report provides information
and guidance concerning recommendations regarding the use of builder or
commercial assistance when fabricating and assembling amateur-built
aircraft under current FAA regulations. This notice also announces
recommended changes to certain documents that are used in the
airworthiness certification of amateur-built aircraft.

FOR FURTHER INFORMATION CONTACT: Frank P. Paskiewicz, Manager,
Production and Airworthiness Division, Aircraft Certification Service,
AIR-200, Federal Aviation Administration, 800 Independence Ave., SW.,
Washington, DC 20591; telephone number:<PHONE_NUMBER>. A copy of the
final report may be obtained by accessing the FAA's Web page at http://www.faa.gov
.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Aviation Administration (FAA) Aircraft Certification
Service established the Amateur-Built Aviation Rulemaking Committee
(ARC) on July 26, 2006.\1\ The Committee was made up of representatives
from the FAA, aircraft kit manufacturers, commercial assistance center
owners, and associations. The purpose of the Committee was to make
recommendations regarding the use of builder or commercial assistance
when fabricating and assembling amateur-built aircraft under Title 14
Code of Federal Regulations (14 CFR), part 21, Sec.  21.191(g),
Operating Amateur-Built Aircraft. This regulation defines an amateur-
built aircraft as an aircraft that, ``* * *the major portion of which
has been fabricated and assembled by persons who undertook the
construction project solely for their own education or recreation.''
---------------------------------------------------------------------------

    \1\ FAA Order 1110.143, dated July 26, 2006, established the
Amateur-Built Aviation Rulemaking Committee.
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    There is concern by the FAA and other interested parties that many
amateur-built aircraft are not being fabricated and assembled by
persons for their own education or recreation, but are being built in
large part by commercial assistance companies that specialize in kit
aircraft construction. Although some assistance is allowed when
fabricating and assembling an amateur-built kit, the major portion (at
least fifty-one percent 51%) of the fabrication and assembly must be
completed by the amateur-builder to be in compliance with existing
regulations.
    The final report discusses the decisions and recommendations made
by the Committee and also the areas where there was disagreement among
the Committee members.
    The FAA will implement the following recommendations agreed upon by
the Committee by October 2008:
     Update FAA Form 8000-38, ``Fabrication/Assembly
Checklist.''
     Update FAA Form 8130-12, ``Eligibility Statement, Amateur-
Built Aircraft.''
     Update and combine into a single Advisory Circular (AC)
both AC 20-27, ``Certification and Operation of Amateur-Built
Aircraft'' and (AC) 20-138, ``Commercial Assistance During Construction
of Amateur-Built Aircraft.''
     Update FAA Order 8130.2F, ``Airworthiness Certification of
Aircraft and Related Products.''
     Establish a National Kit Evaluation Team to ensure
consistency and accuracy in determining if an amateur-built kit meets
the major portion requirement of 21.191(g).
    The FAA and some Committee members could not come to consensus

regarding how best to determine the calculation of major portion.
Therefore, the FAA will revise the process for determining major
portion in FAA Order 8130.2.
    Interested parties will be given an opportunity for comment on
changes to the advisory circulars, FAA Order 8130.2, to include section
9, Experimental Amateur-Built Airworthiness Certifications, and forms
8000-38 and 8130-12 once these changes are implemented. This
opportunity will be announced in a future Federal Register notice.

    Dated: February 11, 2008.
Frank Paskiewicz,
Manager, Production and Airworthiness Division.
[FR Doc. 08-705 Filed 2-14-08; 8:45 am]

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