[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Notices]
[Pages 5526-5528]
[FR Doc No: 2019-02895]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85136; File No. SR-Phlx-2018-72]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Order Approving a
Proposed Rule Change To Establish Rules Governing the Give Up of a
Clearing Member by a Member Organization on Exchange Transactions

February 14, 2019.

I. Introduction

    On November 6, 2018, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
establish rules governing the ``give up'' process by which an Exchange
member organization, in connection with executing a trade on the
Exchange, indicates to the Exchange (i.e., ``gives up'') the name of a
Clearing Member \3\ that will be responsible for the clearance of that
transaction. The proposed rule change was published for comment in the
Federal Register on November 26, 2018.\4\ On January 9, 2019, pursuant
to Section 19(b)(2) of the Act,\5\ the Commission designated a longer
period within which to approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
disapprove the proposed rule change.\6\ The Commission received three
comment letters on the proposed rule change, each in support of the
proposal.\7\ This order approves the proposed rule change.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Phlx Rule 1000(b)(3) (defining ``Clearing Member'' as a
member organization that has been admitted to membership in the
Options Clearing Corporation (``OCC'') pursuant to the provisions of
the rules of the Options Clearing Corporation).
    \4\ See Securities Exchange Act Release No. 84624 (Nov. 19,
2018), 83 FR 60547 (``Notice'').
    \5\ 15 U.S.C. 78s(b)(2).
    \6\ See Securities Exchange Act Release No. 84981, 83 FR 837
(Jan. 31, 2019) (designating February 24, 2019 as the date by which
the Commission shall approve or disapprove, or institute proceedings
to determine whether to disapprove, the proposed rule change).
    \7\ See Letters to Brent J. Fields, Secretary, Commission, from:
(1) Matthew R. Scott, President, Merrill Lynch Professional Clearing
Corp, dated December 7, 2018 (``Scott Letter''); (2) Ellen Greene,
Managing Director, SIFMA, dated December 17, 2018 (``SIFMA
Letter''); and (3) John P. Davidson, President and Chief Operating
Officer, OCC, dated December 19, 2018 (``Davidson Letter''). The
comment letters are available at https://www.sec.gov/comments/sr-phlx-2018-72/srphlx201872.htm.

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II. Description of the Proposed Rule Change

    Exchange rules currently require that, in order to enter
transactions on the Exchange, a member organization either must be a
Clearing Member or have a Clearing Member agree to accept financial
responsibility for the member organization's transactions via a
clearing arrangement.\8\ Further, Phlx Rule 1052 provides generally
that Clearing Members are responsible for the clearing their own
Exchange transactions as well as Exchange transactions of each member
organization that gives up the Clearing Member's name provided that the
Clearing Member has authorized such member organization to give up its
name on Exchange transactions. Exchange rules do not, however,
establish a framework for the give up authorization process. To address
this, Phlx proposes to adopt Rule 1037 and amend Rule 1052 to establish
requirements for the give up process, including specific procedures, in
greater detail.
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    \8\ See Phlx Rule 1046 (Clearing Arrangements).
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    Specifically, proposed Rule 1037 will allow Clearing Members to
``opt in'' and request that the Exchange systematically restrict use of
one or more of its OCC clearing numbers (each a ``Restricted OCC
Number''). Once restricted, Exchange member organizations will not be
able to give up the Restricted OCC Number to clear an Exchange
transaction unless the Clearing Member previously has submitted to the
Exchange written authorization permitting that member organization to
give up that Restricted OCC Number. If a Clearing Member does not ``opt
in'' to this process for a particular OCC number (a ``Non-Restricted
OCC Number''), that number would be available to be given up by any
Exchange member organization.
Give Up Process for Restricted OCC Numbers
    A Clearing Member that requests the Exchange to restrict use of one
or more of its OCC clearing numbers would ``opt in'' by sending to the
Exchange a completed ``Clearing Member Restriction Form'' \9\ that
identifies the requested Restricted OCC Numbers.\10\ At the same time,
the Clearing Member would list on the form the Exchange member
organizations that it authorizes to give up that Restricted OCC Number
(each an ``Authorized Member Organization'').\11\ For newly Restricted
OCC Numbers, the Exchange will require 90 days before the restriction
becomes effective within the Exchange's system.\12\
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    \9\ The Exchange represented in its filing that it will maintain
this form and a list of the Restricted OCC Numbers on its website,
which it will update on a regular basis, along with the Clearing
Member's contact information to assist member organizations with
requesting authorization for a Restricted OCC Number. See Notice,
supra note 4 at n.7.
    \10\ See Proposed Phlx Rule 1037(b)(i). The restriction would
remain in effect until terminated by the Clearing Member. See id.
The Exchange also proposes to amend Rule 1052 regarding financial
responsibility of Exchange options transactions cleared through
Clearing Members to clarify that Rule 1052 applies to all Clearing
Members regardless of whether they ``opt in'' pursuant to Phlx Rule
1037.
    \11\ See id.
    \12\ See id.
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    Thereafter, a member organization may only give up a Restricted OCC
Number if the member organization has previously been identified and
processed by the Exchange as an Authorized Member Organization, except
that a member organization may give up the Restricted OCC Number of its
guarantor with whom it has a letter of guarantee without being
identified as an Authorized Member Organization.\13\
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    \13\ See Proposed Phlx Rule 1037(d).
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    Once a Restricted OCC Number is effective, a Clearing Member will
be able to submit a new Clearing Member Restriction Form to authorize,
or remove from authorization, a member organization from its list of
Authorized Member Organizations approved to give up its Restricted OCC
Number(s), as well as amend its list of Restricted OCC Numbers.\14\ The
Exchange will promptly notify member organizations if they are no
longer authorized to give up a Clearing Member's Restricted OCC
Number.\15\
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    \14\ See Proposed Phlx Rule 1037(b)(iii). Such changes will be
effective on the next business day under regular circumstances, but
could be effective intra-day in unusual circumstances. See id.
    \15\ See id.
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    The Exchange will ensure the authorized use of Restricted OCC
Numbers through its systems and will not allow an unauthorized member
organization to give up a Restricted OCC Number. Specifically, for
orders that are executed on the trading floor in open outcry using the
Options Floor Based Management System (``FBMS''), the Exchange will
reject the clearing portion of the trade if an unauthorized member
organization enters a Restricted OCC Number.\16\ The member
organization will receive notification of the rejected clearing
information, and will be required to modify the clearing information by
contacting the Exchange.\17\ For all other orders (i.e., orders that
are submitted directly to the exchange's system), the Exchange will not
allow an unauthorized member organization to give up a Restricted OCC
Number at the firm mnemonic level at the point of order entry.\18\
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    \16\ See Proposed Phlx Rule 1037(c).
    \17\ See id. According to the Exchange, the FBMS order will be
executed, provided the terms of the trade comply with the relevant
Exchange rules, and the execution reported to the consolidated tape.
The System will, however, reject the clearing portion, and the
member organization will have to amend the clearing information by
contacting the Exchange. See Notice, supra note 4 at n. 11.
    \18\ See Proposed Phlx Rule 1037(c). Specifically, the Exchange
states that its system will block the entry of the order from the
outset. See Notice, supra note 4 at n. 13. The Exchange notes that a
valid mnemonic will be required for any order to be submitted
directly to the system, and a mnemonic will only be set up for a
member organization if there is already a clearing arrangement in
place for that firm either through a letter of guarantee (as is the
case today) or as proposed in the case of a Restricted OCC Number,
the member organization must be an Authorized Member Organization
for that Restricted OCC Number. See id. As proposed, the system also
will now restrict any post-trade allocation changes if the member
organization is not authorized to use a Restricted OCC Number. See
id.
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Misuse of the Rule
    Finally, Phlx Rule 1037(e) provides that an intentional misuse of
the Rule by any party is impermissible and may be treated as a
violation of Rule 707 (``Conduct Inconsistent with Just and Equitable
Principles of Trade'') or Rule 708 (``Acts Detrimental to the Interest
or Welfare of the Exchange'').\19\
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    \19\ See Proposed Phlx Rule 1037(e). See also Notice, supra note
4 at 60549 (providing one example of intentional misuse where a
member organization sends orders to a Restricted OCC Number without
authorization to do so).
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III. Discussion and Commission Findings

    After careful consideration of the proposal, the Commission finds
that the Exchange's proposed rule change is consistent with the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\20\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\21\
which requires, among other things, that the rules of a national
securities exchange be designed to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities and, in general, to protect investors and the public
interest, and not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \20\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \21\ 15 U.S.C. 78f(b)(5).

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    The Commission received three comment letters on the proposed rule
change, each supporting it.\22\ One commenter argues that the proposal
``is a critical first step to reduce risk in listed-options clearing,''
and will facilitate the ability of Clearing Members ``to properly
assess and enforce credit limits for authorized executing brokers and
their clients.'' \23\ Another commenter notes that the Exchange's
proposal is the culmination of efforts among industry participants to
address and ultimately reduce clearing member risks.\24\ Further, one
commenter believes that the proposal ``strikes the right balance across
all participants.'' \25\
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    \22\ See supra note 7.
    \23\ SIFMA Letter, supra note 7, at 2.
    \24\ Davidson Letter, supra note 7, at 2.
    \25\ Scott Letter, supra note 7, at 1. See also SIFMA Letter,
supra note 7, at 2.
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    The Commission believes that the proposal is designed to foster
cooperation and coordination among the parties engaged in facilitating
transactions in securities by setting forth a basic framework within
which a Clearing Member can exercise greater control over the use of
its clearing services by customers using the services of third party
executing brokers in a manner that is not intended to allow for or
impose a burden on competition that is not necessary or appropriate in
furtherance of the Act. In particular, the Exchange's proposal will
implement a defined and standardized process through which a Clearing
Member can ``opt in'' to limit the use of one or more of its OCC
clearing numbers to member organizations that it pre-authorizes in
writing, which the Exchange will then enforce through its systems.
These provisions are designed to help assure the orderly clearance and
settlement of Exchange trades and should, for example, reduce the
chance for keypunch errors and may assist Clearing Members in enforcing
the provisions of their clearing arrangements with customers.
    As an integral and important part of this process, the Exchange
will provide notice to affected member organizations, including by
providing a 90-day delayed effectiveness on newly restricted OCC
numbers, by providing notice to affected member organizations whose
authorized status changes, and by providing publicly available
information on all Restricted OCC Numbers and the corresponding
Clearing Member contact information. In so doing, the proposed rule is
designed to promote transparency and provide an orderly process by
which third party executing brokers can make arrangements for clearing
services to facilitate transactions on the Exchange.
    Further, requiring Clearing Members to use standardized forms to
designate all Restricted OCC Numbers and Authorized Member
Organizations, and to make amendments to those items, should enhance
Phlx's ability to monitor and enforce compliance with its proposed rule
relating to the give up process. Use of standardized forms also may
make it easier for Clearing Members and member organizations to comply
with the proposed rule, and should benefit all members by providing
written confirmation of a member organization's authorized status with
respect to a specific Restricted OCC Number for a particular Clearing
Member.
    The Commission believes that the proposal seeks to address the
needs of different parties involved in facilitating transactions in
securities and does so in a balanced manner that provides a reasonable
framework for the authorization process. Moreover, the proposal
recognizes the need for a member organization to be able to give up its
guarantor, and minimizes burdens on the member organization and
Clearing Member by allowing such give ups to occur without the need to
obtain any further authorization through use of the Clearing Member
Restriction Form. In this manner, the proposed rule change recognizes
that there will always be a Clearing Member that will be financially
responsible for a trade, which should foster operational certainty and
facilitate cooperation and coordination with persons engaged in
clearing transactions.
    For the foregoing reason, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act \26\ and the
rules and regulations thereunder applicable to national securities
exchanges.
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    \26\ 15 U.S.C. 78f(b)(5).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\27\ that the proposed rule change (SR-Phlx-2018-72) be,
and it hereby is, approved.
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    \27\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
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    \28\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-02895 Filed 2-20-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Pages 94362-94363]
[FR Doc No: 2016-31001]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR17-2-000]

Eagle Ford Midstream, LP; Notice of Staff Protest to Petition for
Rate Approval

    1. Commission staff hereby protests, pursuant to section
284.123(g)(4)(i) of the Commission's regulations, the Petition for Rate
Approval filed by Eagle Ford Midstream, LP (Eagle Ford) on October 11,
2016, in the above referenced docket. Pursuant to the Stipulation and
Agreement approved by the Commission in Docket Nos. PR12-

3-000 and PR12-3-001, Eagle Ford filed a new petition for rate
approval, pursuant to 18 CFR 284.123(b)(2), proposing a new rate
applicable to its Natural Gas Policy Act (NGPA) section 311 service.
Eagle Ford elected to use the Commission's optional notice procedures
set forth in section 284.123(g) of the Commission's regulations. Eagle
Ford proposes to increase its rates for firm, enhanced, and
interruptible transportation services, authorized overrun service, and
park and loan service. Eagle Ford also proposes to revise its Statement
of Operating Conditions (SOC) applicable to its transportation services
performed pursuant to NGPA section 311, which it states is updated
solely to reflect the new proposed rates. Eagle Ford states it has not
proposed any changes to the operating terms and conditions of its SOC.
    2. Commission staff notes that Eagle Ford has not adequately
supported its filing and shown that the proposed rates are fair and
equitable. Eagle Ford provided a series of summary schedules but did
not provide supporting workpapers or any descriptive justification to
support its petition for rate approval. For instance, Eagle Ford has
not provided support for the discount adjustment used in calculating
the billing determinants. In addition, Eagle Ford has not provided an
explanation or support for its proposed cost of service and cost of
capital, among other issues.
    3. Commission staff's specific concerns include Eagle Ford's
development of its discount adjustment in designing rates. Eagle Ford
requests a 47.3 percent overall discount adjustment to its billing
units. However, Eagle Ford has not provided support for the actual
calculations of the adjustments and the rationale for them.
    4. In addition, Eagle Ford requested a weighted average cost of
capital of 10.34 percent. This figure appears to be based upon a
hypothetical capital structure of 40 percent debt and 60 percent
equity, a 5.23 percent cost of debt and 13.75 percent cost of equity.
However, Eagle Ford has not provided support for either the proposed
capital structure or the individual capital cost components.
    5. Furthermore, Eagle Ford requested a test year adjustment to
operating and maintenance expenses without support for the amount of
the adjustment or for the level base year expenses. Eagle Ford did not
provide support for the inclusion of administrative and general
expenses that were excluded in its prior case, in Docket No. PR12-3-
000. Similarly, Eagle Ford did not provide support or explanation of
its fivefold increase in plant or the effect of such increase on its
cost of service.
    6. Finally, Commission staff has concerns regarding certain
provisions in Eagle Ford's SOC. For example, it is unclear how Eagle
Ford bills Firm Transportation customers and how Eagle Ford allocates
capacity for new Firm Transportation customers during periods of
constraint.

    Dated: December 9, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-31001 Filed 12-22-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Rules and Regulations]
[Pages 64807-64810]
[FR Doc No: 2021-25200]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0880; Project Identifier MCAI-2021-00685-T;
Amendment 39-21779; AD 2021-22-06]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain The Boeing Company Model 747-400F series airplanes. This AD was
prompted by the determination that more restrictive tasks and
limitations are necessary. This AD requires revising the existing
maintenance or inspection program, as applicable, to incorporate more
restrictive tasks and limitations, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD becomes effective December 6, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 6,
2021.
    The FAA must receive comments on this AD by January 3, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet www.easa.europa.eu. You
may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Airworthiness
Products Section,

Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket at https://www.regulations.gov under Docket No. FAA-2021-0880.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov under
Docket No. FAA-2021-0880; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this AD, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Antariksh Shetty, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-
794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0880; Project Identifier MCAI-
2021-00685-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to
Antariksh Shetty, Aerospace Engineer, Airframe and Propulsion Section,
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0138, dated June 9, 2021 (EASA
AD 2021-0138) (also referred to as the MCAI), to correct an unsafe
condition for certain The Boeing Company Model 747-400F series
airplanes.
    This AD was prompted by the determination that more restrictive
tasks and limitations are necessary.
    EASA approved supplemental type certificate (STC) 10068342, dated
January 16, 2019, which installs a dual non-activated global navigation
satellite system (GNSS) unit and antenna on The Boeing Company Model
747-400F series airplanes. EASA STC 10068342 was validated by the FAA
as STC ST04393NY, dated September 3, 2019. After EASA approved the
original STC, Fokker Services published an updated Instructions for
Continued Airworthiness (ICA) supplement that introduced more
restrictive tasks. The STC was later amended and approved by EASA as
STC 10068342, Revision 1, dated March 8, 2021, and validated by the FAA
as STC ST04393NY, Revision 1, dated May 3, 2021. The amended STC
incorporates the updated ICA supplement. As a result, operation of an
affected airplane with the original STC but without the ICA supplement
could result in cracks around the antenna/unit installation.
    The FAA is issuing this AD to address cracks around the antenna/
unit installation, which, if unchecked, could lead to rapid
decompression of the airplane. See the MCAI for additional background
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0138 describes more restrictive tasks and limitations
associated with the GNSS unit and antenna. This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type designs.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2021-0138 described previously, except for any differences identified
as exceptions in the regulatory text of this AD, and except as
discussed under ``Differences Between this AD and the MCAI.''
    This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections). Compliance with
these actions is required by 14 CFR 91.403(c). For airplanes that have
been previously modified, altered, or repaired in the areas addressed
by this AD, the operator may not be able to accomplish the actions
described in the revisions. In this situation, to comply with 14 CFR
91.403(c), the operator must request approval for an alternative method
of compliance according to paragraph (j)(1) of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2021-0138 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2021-0138 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the

heading of a particular section in EASA AD 2021-0138 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0138. Service information required by EASA AD 2021-0138 for compliance
will be available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0880 after this AD is published.

Difference Between This AD and the MCAI

    Whereas EASA AD 2021-0138 applies to airplanes with EASA STC
10068342 embodied, this AD applies to airplanes with U.S. STC ST04393NY
embodied. As stated previously, EASA STC 10068342 has been validated by
the FAA as STC ST04393NY.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) and intervals may be used unless the actions and intervals
are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in the AMOCs paragraph under
``Additional AD Provisions.'' This new format includes a ``Provisions
for Alternative Actions and Intervals'' paragraph that does not
specifically refer to AMOCs, but operators may still request an AMOC to
use an alternative action or interval.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
foregoing reason, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. For any
affected airplane that may be imported and placed on the U.S. Register
in the future, the FAA provides the following cost estimates to comply
with this AD.
    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
FAA recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleets, the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
FAA estimates the total cost per operator to be $7,650 (90 work-hours x
$85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-22-06 The Boeing Company: Amendment 39-21779; Docket No. FAA-
2021-0880; Project Identifier MCAI-2021-00685-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 6, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400F series
airplanes, certificated in any category, equipped with a dual non-
activated global navigation satellite system (GNSS) unit and antenna
installed in accordance with supplemental type certificate (STC)
ST04393NY, dated September 3, 2019.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by the determination that more restrictive
tasks and limitations are necessary. The FAA is issuing this AD to
address cracks around the antenna/unit installation, which, if
unchecked, could lead to rapid decompression of the aircraft.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0138, dated June 9, 2021.

(h) Exceptions to EASA AD 2021-0138

    (1) Where EASA AD 2021-0138 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0138 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0138 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
    (4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2021-0138 is at the applicable
``thresholds'' as incorporated by the requirements of paragraph (3)
of EASA AD 2021-0138, or within 90 days after the effective date of
this AD, whichever occurs later.
    (5) The provisions specified in paragraph (4) of EASA AD 2021-
0138 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0138 does not apply
to this AD.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2021-0138.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to the attention of the person identified in
paragraph (k) of this AD. Information may be emailed to: ATTN:
Program Manager, Continuing Operational Safety, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any approved
AMOC, notify your appropriate principal inspector, or lacking a
principal inspector, the manager of the responsible Flight Standards
Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or EASA; or Fokker Service's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.

(k) Related Information

    For more information about this AD, contact Antariksh Shetty,
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0138,
dated June 9, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0138, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 13, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-25200 Filed 11-18-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Notices]
[Pages 71548-71549]
[FR Doc No: 2023-22887]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP17-117-001; CP17-118-001]

Driftwood LNG LLC, Driftwood Pipeline LLC; Notice of Request for
Extension of Time

    Take notice that on October 4, 2023, Driftwood LNG LLC (Driftwood
LNG) and Driftwood Pipeline LLC (Driftwood Pipeline) (collectively,
Driftwood) requested that the Federal Energy Regulatory Commission
(Commission) grant an extension of time (2023 Extension of Time
Request) of an additional 36 months to construct and operate facilities
for liquefaction and export of natural gas in Calcasieu Parish,
Louisiana (LNG Terminal and Pipeline Project, respectively) authorized
by the Commission in Docket Nos. CP17-117-000 and CP17-118-000.\1\ On
April 18, 2019, the Commission issued an Order Granting Authorization
Under Sections 3 and 7 of the Natural Gas Act, which stipulated
Driftwood fully construct and make available facilities for service
within seven years of the date of the Order.
---------------------------------------------------------------------------

    \1\ Driftwood LNG LLC & Driftwood Pipeline LLC, 167 FERC ]
61,054 (2019) (Order).
---------------------------------------------------------------------------

    In its 2023 Extension of Time Request, Driftwood states, despite
significant progress with construction of the Project, it has
encountered unforeseen circumstances in recent years that are
preventing it from meeting the Commission's in-service deadline for the
liquefied natural gas (LNG) Terminal and associated Pipeline Project.
Driftwood cites the global upheaval stemming from the COVID-19 pandemic
caused cascading market and logistical impacts on workforce, safety,
supply chain, and investment in infrastructure projects; \2\ these
circumstances caused unforeseeable difficulties for LNG project
development and made securing long-term LNG commercial commitments
difficult over the last several years. Driftwood requests that the
Commission grant a 36-month extension of time so that it has the
required time to: (i) receive its long lead manufactured equipment,
which cannot be manufactured and delivered to the site in time to meet
the current deadline; (ii) install the equipment and construct the
remaining facilities; and (iii) continue to attract and secure
customers and financing.
---------------------------------------------------------------------------

    \2\ Driftwood points to a legal challenge to its U.S. Army Corps
of Engineers permit that created difficulties with respect to
Driftwood's ability to secure final commercial and financial
commitments for the Project. However, the U.S. Court of Appeals for
the Fifth Circuit recently issued a decision denying the petition
for review filed by Healthy Gulf and the Sierra Club. Healthy Gulf
v. U.S. Army Corps of Eng'rs, 2023 WL 5742541 (5th Cir. Sept. 6,
2023).
---------------------------------------------------------------------------

    This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Driftwood's request
for an extension of time may do so. No reply comments or answers will
be considered. If you wish to obtain legal status by becoming a party
to the proceedings for this request, you should, on or before the
comment date stated below, file a motion to intervene in accordance
with the requirements of the Commission's Rules of Practice and
Procedure (18 CFR 385.214 or 385.211) and the Regulations under the
Natural Gas Act (NGA) (18 CFR 157.10).
    As a matter of practice, the Commission itself generally acts on
requests for extensions of time to complete construction for NGA
facilities when such requests are contested before order issuance. For
those extension requests that are contested,\3\ the Commission will aim
to issue an order acting on the request within 45 days.\4\ The
Commission will address all arguments relating to whether the applicant
has demonstrated there is good cause to grant the extension.\5\ The
Commission will not consider arguments that re-litigate the issuance of
the certificate order, including whether the Commission properly found
the project to be in the public convenience and necessity and whether
the Commission's environmental analysis for the certificate complied
with the National Environmental Policy Act.\6\ At the time a pipeline
requests an extension of time, orders on certificates of public
convenience and necessity are final and the Commission will not re-
litigate their issuance.\7\ The OEP Director, or his or her designee,
will act on all of those extension requests that are uncontested.
---------------------------------------------------------------------------

    \3\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2022).
    \4\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
    \5\ Id. at P 40.
    \6\ Similarly, the Commission will not re-litigate the issuance
of an NGA section 3 authorization, including whether a proposed
project is not inconsistent with the public interest and whether the
Commission's environmental analysis for the permit order complied
with NEPA.
    \7\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
---------------------------------------------------------------------------

    In addition to publishing the full text of this document in the
Federal Register, The Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and three copies of the protest or intervention to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including

landowners, environmental justice communities, Tribal members and
others, access publicly available information and navigate Commission
processes. For public inquiries and assistance with making filings such
as interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    Comment Date: 5:00 p.m. Eastern Time on, October 26, 2023.

    Dated: October 11, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-22887 Filed 10-16-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Proposed Rules]
[Pages 35260-35262]
[FR Doc No: 2015-14986]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0486; Directorate Identifier 2015-NE-07-AD]
RIN 2120-AA64

Airworthiness Directives; Pratt & Whitney Canada Corp. Turboshaft
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Pratt & Whitney Canada Corp. (P&WC) PT6B-37A turboshaft
engines. This proposed AD was prompted by reports of incorrect engine
torque for PT6B-37A engines. This proposed AD would require initial and
repetitive inspections until replacement of the No. 10 bearing, and
eventual replacement of the No. 9 bearing, both located in the engine
reduction gearbox (RGB) assembly. We are proposing this AD to prevent
axial migration of the No. 10 bearing in the engine RGB assembly, which
could lead to engine overtorque, failure of the engine, in-flight
shutdown, and loss of the rotorcraft.

DATES: We must receive comments on this proposed AD by August 18, 2015.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

     Fax:<PHONE_NUMBER>.
    For service information identified in this proposed AD, contact
Pratt & Whitney Canada Corp., 1000 Marie-Victorin, Longueuil, Quebec,
Canada, J4G 1A1; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Web site:
www.pwc.ca. You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA.
For information on the availability of this material at the FAA, call
781-238-7125.

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-2015-
0486; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the mandatory continuing airworthiness
information (MCAI), the regulatory evaluation, any comments received,
and other information. The address for the Docket Office (phone: 800-
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Barbara Caufield, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-0486;
Directorate Identifier 2015-NE-07-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 based on 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
with FAA personnel concerning this proposed AD.

Discussion

    The Transport Canada Civil Aviation, which is the aviation
authority for Canada, has issued Canada AD CF-2015-01, dated January
20, 2015 (referred to hereinafter as ``the MCAI''), to correct an
unsafe condition for the specified products. The MCAI states:

    Five incidences of incorrect engine torque indication have been
reported for PT6B-37A engine installations on AW119MKII helicopters.
A lower than actual engine torque indication due to a faulty
indication system, particularly on a helicopter being operated at
max allowable torque (90 to 110%) range, may result in undetected
over-torque condition.
    Repeated over-torque conditions that are undetected and
consequently are not corrected in accordance with conditional
inspection requirements of original equipment manufacturer (OEM)
Instructions for Continued Airworthiness (ICAs), may have a negative
impact on the operational safety of the aircraft. Investigation by
P&WC has determined the root cause of the subject torque indication
anomaly to be the axial migration of part number (P/N) 3310433-03
bearings at the engine torque sensing gear location.

    The axial migration of the No. 10 bearing is caused by non-optimal
bearing internal clearance. This migration may cause an erroneous
torque reading, possibly leading to engine overtorque and engine
failure. We are also requiring replacement of the No. 9 bearing since
it may also migrate, has the same part number as a No. 10 bearing, and
could be installed in the same location as a No. 10 bearing.
    You may obtain further information by examining the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2015-0486.

Related Service Information Under 1 CFR Part 51

    P&WC has issued Service Bulletin (SB) No. PT6B-72-39095, Revision
No. 3, dated December 29, 2014. The service information describes
procedures for inspecting affected bearings. 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 of this NPRM.

Other Related Service Information

    P&WC has also issued SB No. PT6B-72-39092, Revision No. 4, dated
December 29, 2014. The service information describes procedures for
removing affected bearings.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of Canada,
and is approved for operation in the United States. Pursuant to our
bilateral agreement with Canada, they have notified us of the unsafe
condition described in the MCAI and service information referenced
above. We are proposing this AD because we evaluated all information
provided by Transport Canada Civil Aviation and determined the unsafe
condition exists and is likely to exist or develop on other products of
the same type design. This proposed AD would require initial and
repetitive inspections until replacement of the No. 10 bearing, as well
as eventual replacement of the No. 9 bearing, in the engine RGB
assembly.

Costs of Compliance

    We estimate that this proposed AD affects 83 engines installed on
rotorcraft of U.S. registry. We estimate that it would take about 3
hours per engine to perform the initial and repetitive inspections to
comply with this proposed AD. We also estimate that it would take about
1 hour per engine to replace the affected bearings. The average labor
rate is $85 per hour. Required parts cost about $49,800 per engine.
Based on these figures, we estimate the cost of this proposed AD on
U.S. operators to be $4,161,620.

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 to the extent
that it justifies making a regulatory distinction, 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):

Pratt & Whitney Canada Corp.: Docket No. FAA-2015-0486; Directorate
Identifier 2015-NE-07-AD.

(a) Comments Due Date

    We must receive comments by August 18, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pratt & Whitney Canada Corp. (P&WC) PT6B-37A
turboshaft engines with engine serial numbers identified in Table 1
of paragraph 4, Appendix, in P&WC Service Bulletin (SB) No. PT6B-72-
39095, Revision No. 3, dated December 29, 2014.

(d) Reason

    This AD was prompted by reports of incorrect engine torque for
PT6B-37A turboshaft engines. We are issuing this AD to prevent axial
migration of the No. 10 bearing in the engine reduction gearbox
(RGB) assembly, which could lead to engine overtorque, failure of
the engine, in-flight shutdown, and loss of the rotorcraft.

(e) Actions and Compliance

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

(1) Initial Inspection

    (i) Within 50 flight hours (FHs) time in service after the
effective date of this AD, inspect the No. 10 bearing, part number
(P/N) 3310433-03, in the RGB assembly for axial movement. Use
paragraphs 3.A. to 3.C. in the Accomplishment Instructions in P&WC
SB No. PT6B-72-39095, Revision No. 3, dated December 29, 2014, to do
the inspection. If the bearing fails the inspection, replace the No.
9 and No. 10 bearings before further flight.

(2) Repetitive Inspection

    (i) For engines with 500 FHs or less total time since new (TSN),
repeat the inspection required by paragraph (e)(1) of this AD every
100 FHs time since last inspection (TSLI) until 500 hours total TSN,
and, thereafter, every 200 FHs TSLI until removal.
    (ii) For engines with more than 500 FHs total TSN perform the
inspection required by paragraph (e)(1) to this AD within 200 FHs
TSLI, and, thereafter, every 200 FHs TSLI until removal.

(3) Removal and Replacement of Affected Bearings

    (i) For engine serial numbers (S/Ns) PCE-PU0192, PU0193, PU0201,
PU0208, PU0209, PU0212, PU0213, PU0214, PU0216, PU0219, and PU0220,
remove the No. 9 and No. 10 bearings, P/N 3310433-03, within 450 FHs
or 42 months after the effective date of this AD, whichever occurs
first, and replace with parts eligible for installation.
    (ii) For all engine S/Ns identified in Applicability paragraph
(c) of this AD, other than those listed in paragraph (e)(3)(i) of
this AD, remove the No. 9 and No. 10 bearings, P/N 3310433-03, and
replace with parts eligible for installation within 42 months after
the effective date of this AD.
    (iii) Replacement of the No. 9 and No. 10 bearing, P/N 3310433-
03, with the No. 9 and No. 10 bearing, P/N 3310233-03 or P/N
3310533-03, is terminating action for this AD.

(f) Reporting Requirements

    You do not have to contact your Local Field Service
Representative as discussed in paragraph 3.C.(3) of P&WC SB No.
PT6B-72-39095, Revision No. 3, dated December 29, 2014.

(g) Credit for Previous Action

    If you previously replaced the No. 9 and No. 10 bearings in
accordance with the instructions contained in P&WC SB No. PT6B-72-
39092, Revision No. 2, dated August 8, 2014, or earlier revisions,
then you have complied with this AD.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
for this AD. Use the procedures found in 14 CFR 39.19 to make your
request. You may email your request to<EMAIL_ADDRESS>
(i) Related Information

    (1) For more information about this AD, contact Barbara
Caufield, Aerospace Engineer, Engine Certification Office, FAA,
Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI Transport Canada AD CF-2015-01, dated January
20, 2015, for more information. You may examine the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating it in Docket No. FAA-2015-0486.
    (3) P&WC SB No. PT6B-72-39092, Revision No. 4, dated December
29, 2014, and SB No. PT6B-72-39095, Revision No. 3, dated December
29, 2014, can be obtained from P&WC using the contact information in
paragraph (i)(4) of this proposed AD.
    (4) For service information identified in this proposed AD,
contact Pratt & Whitney Canada Corp., 1000 Marie-Victorin,
Longueuil, Quebec, Canada, J4G 1A1; phone:<PHONE_NUMBER>; fax: 450-
647-2888; Internet: www.pwc.ca.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on June 10, 2015.
Ann C. Mollica,
Acting Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2015-14986 Filed 6-18-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: September 10, 2007 (Volume 72, Number 174)]
[Notices]
[Page 51631-51633]
[DOCID:fr10se07-35]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

September 4, 2007.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP00-469-013.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: East Tennessee Natural Gas, LLC submits Second Revised
Sheet 103 to FERC Gas Tariff, Third Revised Volume 1, to become
effective 10/1/07.
    Filed Date: 08/30/2007.
    Accession Number: 20070831-0056.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 11, 2007.

    Docket Numbers: RP06-589-002.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits First Revised
Sheet 165 to FERC Gas Tariff, Second Revised Volume 1, to be effective
11/1/07.
    Filed Date: 08/30/2007.
    Accession Number: 20070830-0146.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 11, 2007.

    Docket Numbers: RP07-99-002.
    Applicants: ANR Pipeline Company.
    Description: Motion of ANR Pipeline Company to place lower
settlement rates into effect pending action of offer of settlement
under RP07-99.
    Filed Date: 08/30/2007.
    Accession Number: 20070831-0057.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-634-000.
    Applicants: Equitrans, LP.
    Description: Equitrans, LP submits Eighteenth Revised Sheet 5, et
al. to FERC Gas Tariff, Original Volume 1, to be effective 10/1/07.
    Filed Date: 08/30/2007.
    Accession Number: 20070830-0144.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 11, 2007.

    Docket Numbers: RP07-635-000.
    Applicants: Questar Southern Trails Pipeline Company.
    Description: Questar Southern Trails Pipeline Company submits Sixth
Revised Sheet 4 to FERC Gas Tariff, Original Volume 1, to be effective
10/1/07.
    Filed Date: 08/30/2007.
    Accession Number: 20070831-0001.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 11, 2007.

    Docket Numbers: RP07-636-000.
    Applicants: Questar Pipeline Company.
    Description: Questar Pipeline Company submits Forty-Second Revised
Sheet 5 & Twenty-First Revised Sheet 6 to FERC Gas Tariff, First
Revised Volume 1, to be effective 10/1/07.
    Filed Date: 08/30/2007.
    Accession Number: 20070831-0002.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 11, 2007.

    Docket Numbers: RP07-637-000.
    Applicants: Dominion South Pipeline Company, LP.
    Description: Dominion South Pipeline Company, LP submits Second
Revised Sheet 50 & Second Revised Sheet 51 to FERC Gas Tariff, Original
Volume 1, to be effective 10/1/07.
    Filed Date: 08/30/2007.
    Accession Number: 20070831-0003.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 11, 2007.

    Docket Numbers: RP07-638-000.
    Applicants: Great Lakes Gas Transmission Limited Partnership.
    Description: Great Lakes Gas Transmission Limited Partnership
submits Twentieth Revised Sheet 7 to FERC Gas Tariff, Second Revised
Volume 1 required under the Annual Charges Adjustment provision of
Order 472, effective 10/1/07.
    Filed Date: 08/30/2007.
    Accession Number: 20070831-0004.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 11, 2007.

    Docket Numbers: RP07-639-000.
    Applicants: Pine Needle LNG Company, LLC.
    Description: Pine Needle LNG Co, LLC submits Fourteenth Revised
Sheet 4 to FERC Gas Tariff, Original Volume 1, to become effective 10/
1/07.
    Filed Date: 08/30/2007.
    Accession Number: 20070831-0055.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 11, 2007.

    Docket Numbers: RP07-640-000.
    Applicants: Tennessee Gas Pipeline Company.
    Description: Tennessee Gas Pipeline Co submits Thirty-Fifth Revised
Sheet 20, et al. to FERC Gas Tariff, Fifth Revised Volume 1, to become
effective 10/1/07.
    Filed Date: 08/30/2007.
    Accession Number: 20070831-0054.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 11, 2007.

    Docket Numbers: RP07-641-000.
    Applicants: Saltville Gas Storage Company, LLC.
    Description: Saltville Gas Storage Co, LLC submits First Revised
Sheet 111C, et al. to FERC Gas Tariff, Original Volume 1, to become
effective 10/1/07.
    Filed Date: 08/30/2007.
    Accession Number: 20070831-0053.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 11, 2007.

    Docket Numbers: RP07-642-000.
    Applicants: Transcontinental Gas Pipe Line Corp.
    Description: Transcontinental Gas Pipe Line Corp submits Forty-
Ninth Revised Sheet 27 to FERC Gas Tariff, Third Revised Volume 1, to
become effective 10/1/07.
    Filed Date: 08/30/2007.
    Accession Number: 20070831-0052.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 11, 2007.

    Docket Numbers: RP07-643-000.
    Applicants: Guardian Pipeline, LLC.
    Description: Guardian Pipeline, LLC submits Thirteenth Revised
Sheet 5 to FERC Gas Tariff, Original Volume 1, to become effective 10/
1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0058.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-644-000.
    Applicants: Viking Gas Transmission Company.
    Description: Viking Gas Transmission Co submits Twentieth Revised
Sheet 5B to FERC Gas Tariff, First Revise Volume 1, to become effective
10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0059.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-645-000.
    Applicants: Petal Gas Storage, LLC.
    Description: Petal Gas Storage, LLC submits Fifth Revised Sheet 4A
to FERC Gas Tariff, Original Volume 1, to become effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0060.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-646-000.
    Applicants: Northern Natural Gas Company.
    Description: Northern Natural Gas submits 75 Revised Sheet 50, et
al. to FERC Gas Tariff, Fifth Revised Volume 1, to become effective 10/
1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0061.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-647-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Florida Gas Transmission Co submits Seventh Revised
Sheet 7, et al. to FERC Gas Tariff, Fourth Revised Volume 1, to become
effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0062.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-648-000.
    Applicants: Northern Natural Gas Company.

    Description: Northern Natural Gas Co. submits Ninth Revised Sheet
3, et al. to FERC Gas Tariff, Fifth Revised Volume 1, to become
effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0063.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-649-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits Fifth Revised
Sheet 2, et al. to FERC Gas Tariff, Second Revised Volume 1, to become
effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0066.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-650-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Texas Eastern Transmission, LP submits its report of
recalculated Operational Segment Capacity Entitlements etc. to FERC Gas
Tariff, Seventh Revised Volume 1.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0067.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-651-000.
    Applicants: Paiute Pipeline Company.
    Description: Paiute Pipeline Company submits its Seventeenth
Revised Sheet 10 to its FERC Gas Tariff, Second Revised Volume 1-A.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0084.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-652-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Florida Gas Transmission Company LLC submits its Sixth
Revised Sheet 7, et al. to its FERC Gas Tariff, Fourth Revised Volume
1, to become effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0083.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-653-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: Midwestern Gas Transmission Company submits its Ninth
Revised Sheet 5 to its FERC Gas Tariff, Third Revised Volume 1, to
become effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0082.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-654-000.
    Applicants: Southwest Gas Transmission Company.
    Description: Southwest Gas Transmission Company submits Sixth
Revised Sheet 4 as part of its FERC Gas Tariff, First Revised Volume 2.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0081.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-655-000.
    Applicants: Columbia Gas Transmission Corporation.
    Description: Columbia Gas Transmission Corporation submits Tenth
Revised Sheet 280, et al. to its FERC Gas Tariff, Second Revised Volume
1, to become effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0080.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-656-000.
    Applicants: Destin Pipeline Company, LLC.
    Description: Destin Pipeline Company, LLC submits its Tenth Revised
Sheet 5. et al. to its FERC Gas Tariff, Original Volume 1, to become
effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0079.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-657-000.
    Applicants: Columbia Gulf Transmission Company.
    Description: Columbia Gulf Transmission Company submits Eighth
Revised Sheet 144, et al. to its FERC Gas Tariff, Second Revised Volume
1, to become effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0078.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-658-000.
    Applicants: Williston Basin Interstate Pipeline Co.
    Description: Williston Basin Interstate Pipeline Company submits
Sixty-Sixth Revised Sheet 15, et al. to its FERC Gas Tariff, Second
Revised Volume 1, to become effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0077.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-659-000.
    Applicants: Williston Basin Interstate Pipeline Co.
    Description: Williston Basin Interstate Pipeline Company submits
its Sixty-Seventh Revised Sheet 15, et al. to its FERC Gas Tariff,
Second Revised Volume 1, to become effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0076.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-660-000.
    Applicants: Columbia Gas Transmission Corporation.
    Description: Columbia Gas Transmission Corporation submits its
Eighty-fourth Revised Sheet 25, et al. to its FERC Gas Tariff, Revised
Volume 1, to become effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0074.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-661-000.
    Applicants: Columbia Gulf Transmission Company.
    Description: Columbia Gulf Transmission Co. submits its Forty-third
Revised Sheet 18, et al. to its FERC Gas Tariff, Second Revised Volume
1, to become effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0075.
    Comment Date: 5 p.m .Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-662-000.
    Applicants: Granite State Gas Transmission, Inc.
    Description: Granite State Gas Transmission Inc submits its Thirty-
second Revised Sheet 21 etal. to its FERC Gas Tariff, Third Revised
Volume 1, to become effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0073.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-663-000.
    Applicants: Crossroads Pipeline Company.
    Description: Crossroads Pipeline Company submits its Seventh
Revised Sheet 6 to its FERC Gas Tariff, First Revised Volume 1, to
become effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0072.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-664-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline LP submits its annual cash-in/
cash-out report under RP07-664.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0070.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Docket Numbers: RP07-665-000.
    Applicants: Central Kentucky Transmission Company.
    Description: Central Kentucky Transmission Company submits its
Fourth Revised Sheet 6 to its FERC Gas Tariff, Original Volume 1, to
become effective 10/1/07.
    Filed Date: 08/31/2007.
    Accession Number: 20070831-0071.

    Comment Date: 5 p.m. Eastern Time on Wednesday, September 12, 2007.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Acting Deputy Secretary.
 [FR Doc. E7-17734 Filed 9-7-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Notices]
[Pages 26590-26591]
[FR Doc No: 2012-10753]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66880; File No. SR-ISE-2012-16]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Order Approving a Proposed Rule Change Relating to Procedures for
Executing the Stock Leg(s) of Stock-Option Orders

April 30, 2012.

I. Introduction

    On February 29, 2012, the International Securities Exchange, LLC
(``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend ISE Rule 722, ``Complex
Orders,'' to modify its procedures for executing the stock leg(s) of
stock-option orders. The proposed rule change was published for comment
in the Federal Register on March 19, 2012.\3\ The Commission received
no comment letters regarding the proposed rule change. This order
approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 66582 (March 13,
2012), 77 FR 16106 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    Currently, ISE Rule 722, Supplementary Material .02 allows ISE
members to elect to have ISE electronically transmit the stock leg(s)
of a stock-option transaction to a designated broker-dealer for
execution. To participate in this automated process, ISE members must
enter into a brokerage agreement with the designated broker-dealer.\4\
Members must enter into a brokerage agreement with ISE's designated
broker-dealer to ensure that there is at least one common available
broker-dealer through which the matched stock leg(s) of a stock-option
transaction may be executed.\5\
---------------------------------------------------------------------------

    \4\ ISE members also may choose to execute the stock leg(s) of a
stock-option trade manually, by transmitting the stock leg(s) to a
non-ISE market for execution.
    \5\ See Notice, 77 FR at 16107. ISE is not able to execute the
stock leg(s) of a stock-option transaction unless both members on
the trade have a brokerage agreement with the broker-dealer to which
the stock leg(s) are routed. See Notice, 77 FR at footnote 3.
---------------------------------------------------------------------------

    The proposal would allow ISE members to enter into brokerage
agreements with one or more additional broker-dealers to which ISE will
be able to route stock orders.\6\ ISE will automatically transmit the
stock leg(s) of a stock-option trade on behalf of a member to one or
more broker-dealer(s) with which the member has an agreement for
execution, using routing logic that considers objective factors such as
execution cost, speed of execution, and fill rates.\7\ Members may
indicate preferred execution brokers, and these preferences will
determine order routing priority whenever possible.\8\ ISE will have no
financial arrangements with the brokers with respect to routing stock
orders to them,\9\ and ISE receives no fees related to the stock
portion of a stock-option trade.\10\
---------------------------------------------------------------------------

    \6\ See ISE Rule 722, Supplementary Material .02.
    \7\ See id. ISE's routing logic will route the stock leg(s) only
to a broker-dealer with which a member has a brokerage agreement.
See Notice, 77 FR at 16107.
    \8\ See ISE Rule 722, Supplementary Material .02.
    \9\ See id.
    \10\ See Notice, 77 FR at 16107.
---------------------------------------------------------------------------

    As is the case currently, after ISE routes the stock leg(s) of a
stock-option trade to a broker-dealer for execution, the broker-dealer
will be responsible for determining whether the orders may be executed
in accordance with applicable rules, including the Regulation NMS
trade-through rules.\11\
---------------------------------------------------------------------------

    \11\ See Notice, 77 FR at 16107. See also Securities Exchange
Act Release No. 49251 (February 13, 2004), 69 FR 8252 (February 23,
2004) (File No. SR-ISE-2003-37) (stating that the designated broker-
dealer will be responsible for determining whether the stock leg(s)
of a stock-option transaction may be executed in accordance with all
of the rules applicable to the execution of equity orders, including
compliance with applicable short sale, trade-through, and trade
reporting rules).
---------------------------------------------------------------------------

    The proposal eliminates the manual process for executing the stock
leg(s) of stock-option orders. ISE believes that it is fair,
reasonable, and not discriminatory to eliminate the manual procedure
for executing the stock leg(s) of stock option orders because,
according to ISE, there is no demand from ISE members for the manual
execution alternative.\12\
---------------------------------------------------------------------------

    \12\ See Notice, 77 FR at 16107.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\13\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\14\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, 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.
---------------------------------------------------------------------------

    \13\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that the proposal should enhance the
processing of stock-option orders by facilitating the automated
processing of the stock component of a stock-option transaction. In
addition, the Commission notes that other options exchanges have
adopted similar requirements in connection with the processing of
stock-option orders.\15\
---------------------------------------------------------------------------

    \15\ See C2 Rule 6.13, Interpretation and Policy .06(a)
(requiring Permit Holders to enter into a brokerage agreement with
one or more designated broker-dealers to participate in stock-option
order automated processing). See also CBOE Rule 6.53C,
Interpretation and Policy .06(a) (requiring Trading Permit Holders
to enter into a brokerage agreement with one or more designated
dealers to participate in stock-option order automated processing);
and Phlx Rule 1080, Commentary .08(a)(i) (to trade Complex Orders
with a stock/ETF component, members of FINRA or Nasdaq must have a
Uniform Service Bureau/Executing Broker Agreement with Nasdaq
Options Services LLC (``NOS''), the exchange's designated broker-
dealer; firms that are not members of FINRA or Nasdaq must have a
Qualified Special Representative arrangement with NOS).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\16\ that the proposed rule change (SR-ISE-2012-16) is approved.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2).
    \17\ 17 CFR 200.30-3(a)(12).

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-10753 Filed 5-3-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 11, 2007 (Volume 72, Number 196)]
[Notices]
[Page 57990-57991]
[DOCID:fr11oc07-115]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-29244]

Notice of Technical Workshop and Demonstration--Wednesday,
November 7, 2007

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of technical workshop and demonstration.

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

SUMMARY: This notice announces that NHTSA will hold a compliance test
program workshop to discuss and demonstrate the Office of Vehicle
Safety Compliance (OVSC) Laboratory Test Procedure (TP) for the
agency's safety standard for electronic stability control (ESC)
systems. Vehicle manufacturers, tier-one ESC suppliers, ESC component
manufacturers, and other interested persons with technical knowledge of
ESC systems who wish to participate in the workshop are asked to pre-
register and are invited to submit related technical issues for
discussion at the meeting. Attendance requires registration and is
free.
    Dates and Times: The workshop and demonstration of the test
procedure will be held on November 7, 2007 from 8:30 a.m. to 5 p.m. (If
a back-up day is required, due to inclement weather, the workshop will
take place on November 8, 2007.)

ADDRESSES: The workshop and demonstration will be held at
Transportation Research Center, Inc. (TRC) in East Liberty, Ohio.
Directions to the meeting location and a final agenda will be sent to
registered participants.

FOR FURTHER INFORMATION CONTACT: For registration, contact Ms. Maritza
Marshall, Office of Vehicle Safety Compliance, NVS-220, National
Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE.,
Room W43-481, Washington, DC 20590, telephone<PHONE_NUMBER>, facsimile
(202) 366-7002, or electronic mail<EMAIL_ADDRESS>For
technical issues, contact Mr. John Finneran, at the same address,
telephone<PHONE_NUMBER>, facsimile<PHONE_NUMBER>, or electronic mail
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: FMVSS No. 126: On April 6, 2007, NHTSA
published a final rule establishing Federal Motor Vehicle Safety
Standard (FMVSS) No. 126, Electronic Stability Control Systems (72 FR
17236). This final rule requires new passenger cars, multi-purpose
passenger vehicles, trucks, and buses with a gross vehicle weight
rating of 4,536 kg (10,000 pounds) or less, according to the phase-in
schedule specified, to be equipped with an ESC system that meets the
requirements of the standard. Specifically, a vehicle must be equipped
with an ESC system that is capable of applying brake torques
individually to all four wheels and has a control algorithm that
utilizes this capability, is operational during all phases of driving
including acceleration, coasting, and deceleration (including braking),
except when the driver has disabled ESC, the vehicle speed is below 15
km/h (9.3 mph), or the vehicle is being driven in reverse, and remains
capable of activation even if the antilock brake system or traction
control system is activated. Vehicles to which this standard applies
must satisfy specific lateral stability and responsiveness performance
requirements. Yaw rate thresholds are used to assess a vehicle's
lateral stability. The yaw rate measured

one second after completion of a 0.7 Hz ``sine with dwell steering
input'' maneuver must not exceed 35 percent of the first peak value of
yaw rate recorded after the steering wheel angle changes sign (between
first and second peaks) during the same test run, and the yaw rate
measured 1.75 seconds after completion of the same maneuver must not
exceed 20 percent of the first peak value of yaw rate recorded after
the steering wheel angle changes sign (between first and second peaks).
The lateral displacement is used to assess a vehicle's responsiveness.
The lateral displacement of the vehicle center of gravity with respect
to its initial straight path must be at least 1.83 m (6 feet) for
vehicles with a GVWR of 3,500 kg (7,716 lb) or less, and 1.52 m (5
feet) for vehicles with a GVWR greater than 3,500 kg (7,716 lb) when
computed 1.07 seconds after the Beginning of Steer (BOS) at specified
commanded steering wheel angles. The ESC system must also be capable of
detecting and warning of system malfunctions. As reflected in the final
rule, FMVSS No. 126 is a performance standard. Petitions for
reconsideration of the final rule have been received and may be viewed
on DOT Web site http://dms.dot.gov, or from the Federal Docket Management System (FMDS) at http://www.regulations.gov (reference

docket number NHTSA-2007-27662). TP-126 is a test procedure applicable
only to contractors employed by NHTSA to perform compliance tests on
its behalf. The test procedure reflects FMVSS No. 126 but is not the
standard itself or an interpretation of the standard. (See the purpose
and application section of TP-126 for a more complete discussion of the
nature of NHTSA's test procedures.)
    Workshop: To enable interested parties and NHTSA personnel to
discuss the questions concerning TP-126, NHTSA believes that it would
be desirable to hold a technical workshop and demonstration on the test
procedure. The scope of this workshop is strictly limited to issues
surrounding implementation of OVSC Laboratory Test Procedure TP-126,
including subsequent amendments, if any, to the procedure resulting
from the agency's response to petitions for reconsideration of the
final rule. TP-126 is posted on the NHTSA Web site at http://www.nhtsa.dot.gov
 (under ``Test Procedures'' on the Vehicles and

Equipment page).
    Agenda: The workshop will begin at 8:30 a.m. on November 7, 2007
and conclude by 5 p.m. (If a back-up day is required, due to inclement
weather, the workshop will take place on November 8, 2007.) The agenda
includes technical discussions about the execution of the compliance
test, lunch (to be paid for by each participant), and a physical ESC
test demonstration. The following is a preliminary agenda for the
workshop.

I. Introduction
II. Background Information on the TRC Test Facility
III. FMVSS No. 126 Final Rule Highlights
IV. OVSC Test Procedure TP-126 Content
    A. Overview of Suggested Test Equipment and Instrumentation
    B. Test Preparation Requirements
    C. Test Execution
    D. Data Post Processing
V. Vehicle Manufacturer Test Specification Form
VI. Issues with Test Procedure TP-126
VII. Simulated and/or Physical Demonstration of ESC-Equipped Vehicle
VIII. Data Post Processing
IX. Questions & Answers

    Submission of Agenda Items: Written suggestions regarding technical
issues to be included in the agenda should be submitted to the address
below and must be received by the agency on or before October 17, 2007.
You may submit comments identified by DOT DMS Docket Number NHTSA 2007-
29244 by any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: Until September 29, 2007, by logging onto the
DOT Docket Management System Web site at http://dms.dot.gov; after

September 28, 2007, by logging onto the Federal Docket Management
System (FMDS) Web site at http://www.regulations.gov. Follow the online

instructions for submitting comments. For additional details concerning
the docket system changes, please review the notice published in the
Federal Register on September 24, 2007 (Volume 72, Number 184; pages
54315-54317). Comments may also be faxed to 1-202-493-2251.
    Anyone is able to search the electronic form of all submissions
entered into any of our dockets in FDMS by the name of the individual
submitting the document (or signing the document, if submitted on
behalf of an association, business, labor union, etc.). You may review
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78) or you may visit http://DocketsInfo.dot.gov
, which will be available by October 1, 2007.

    To Register for This Workshop: Each person wishing to participate
in the workshop must register with NHTSA by October 17, 2007. You can
register by contacting Ms. Maritza Marshall on or before October 17,
2007; her contact information is listed above. To register, you must
provide NHTSA with your name, title, organizational affiliation and
contact information (mailing address, phone numbers (voice and fax),
and e-mail address). Due to space limitations, NHTSA may have to limit
the number of participants per organization. Food options on site are
limited. Participants may purchase lunch in cash upon check-in.
    You will be contacted only if this meeting is postponed or
cancelled.

    Issued: October 3, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E7-20030 Filed 10-10-07; 8:45 am]

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