[Federal Register Volume 78, Number 158 (Thursday, August 15, 2013)]
[Rules and Regulations]
[Pages 49690-49693]
[FR Doc No: 2013-19764]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 312

[EPA-HQ-SFUND-2013-0513; FRL-9845-9]

Amendment to Standards and Practices for All Appropriate
Inquiries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to amend the Standards and
Practices for All Appropriate Inquiries to reference a standard
practice recently made available by ASTM International, a widely
recognized standards development organization. Specifically, this
direct final rule amends the All Appropriate Inquiries Rule to
reference ASTM International's E1527-13 ``Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process'' and allow for its use to satisfy the requirements for
conducting all appropriate inquiries under the Comprehensive
Environmental Response, Compensation and Liability Act.

DATES: This rule is effective on November 13, 2013, without further
notice, unless EPA receives adverse comment by September 16, 2013. If
EPA receives such comment, we will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2013-0513 by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Superfund Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
     Hand Delivery: EPA Headquarters West Building, Room 3334,
located at 1301 Constitution Ave. NW., Washington, DC. Such deliveries
are only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The EPA Headquarters Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m. Eastern Standard Time, Monday
through Friday, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2013-0513. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to

technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Certain types of information claimed as CBI,
and other information whose disclosure is restricted by statute, will
not be available for public viewing in EPA's electronic public docket.
EPA's policy is that copyrighted material, such as ASTM International's
E1527-13 ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process'' will not be placed in EPA's
electronic public docket but will be publicly available only in printed
form in the official public docket. Publicly available docket materials
are available either electronically in www.regulations.gov or in hard
copy at the HQ EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room at this
docket facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding federal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the
Superfund Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For general information, contact the
CERCLA Call Center at<PHONE_NUMBER> or TDD<PHONE_NUMBER> (hearing
impaired). In the Washington, DC metropolitan area, call<PHONE_NUMBER>
or TDD<PHONE_NUMBER>. For more detailed information on specific aspects
of this rule, contact Rachel Lentz, Office of Brownfields and Land
Revitalization (5105T), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20460-0002,<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Regulated Entities

    Today's action offers certain parties the option of using an
available industry standard to conduct all appropriate inquiries.
Parties purchasing potentially contaminated properties may use the ASTM
E1527-13 standard practice to comply with the all appropriate inquiries
requirements of the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA). Today's rule does not require any entity to
use this standard. Any party who wants to claim protection from
liability under one of CERCLA's landowner liability protections may
follow the regulatory requirements of the All Appropriate Inquiries
Final Rule at 40 CFR part 312, use the ASTM E1527-05 Standard Practice
for Phase I Environmental Site Assessments to comply with the all
appropriate inquiries provision of CERCLA, use the ASTM E2247-08
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process for Forestland or Rural
Property,'' or use the recognized in today's direct final rule, the
ASTM E1527-13 standard.
    Entities potentially affected by this action, or who may choose to
use the newly referenced ASTM standard to perform all appropriate
inquiries, include public and private parties who, as bona fide
prospective purchasers, contiguous property owners, or innocent
landowners, are purchasing potentially contaminated properties and wish
to establish a limitation on CERCLA liability in conjunction with the
property purchase. In addition, any entity conducting a site
characterization or assessment on a property with a brownfields grant
awarded under CERCLA Section104(k)(2)(B)(ii) may be affected by today's
action. This includes state, local and Tribal governments that receive
brownfields site assessment grants. A summary of the potentially
affected industry sectors (by North American Industry Classification
System (NAICS) codes) is displayed in the table below.

------------------------------------------------------------------------
         Industry category                       NAICS code
------------------------------------------------------------------------
Real Estate.......................  531
Insurance.........................  52412
Banking/Real Estate Credit........  52292
Environmental Consulting Services.  54162
State, Local and Tribal Government  926110, 925120
Federal Government................  925120, 921190, 924120
------------------------------------------------------------------------

    The list of potentially affected entities in the above table may
not be exhaustive. Our aim is to provide a guide for readers regarding
those entities that EPA is aware potentially could be affected by this
action. However, this action may affect other entities not listed in
the table. If you have questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding section entitled FOR FURTHER INFORMATION CONTACT.

II. Statutory Authority

    This direct final rule amends the All Appropriate Inquiries Final
Rule setting federal standards for the conduct of ``all appropriate
inquiries'' at 40 CFR part 312. The All Appropriate Inquiries Final
Rule sets forth standards and practices necessary for fulfilling the
requirements of CERCLA section 101(35)(B) as required to obtain CERCLA
liability protection and for conducting site characterizations and
assessments with the use of brownfields grants per CERCLA section
104(k)(2)(B)(ii).

III. Background

    On January 11, 2002, President Bush signed the Small Business
Liability Relief and Brownfields Revitalization Act (``the Brownfields
Amendments''). In general, the Brownfields Amendments to CERCLA provide
funds to assess and clean up brownfields sites; clarifies existing and
establishes new CERCLA liability provisions related to certain types of
owners contaminated properties; and provides funding to establish or
enhance State and Tribal cleanup programs. The Brownfields Amendments
revised some of the provisions of CERCLA Section 101(35) and limit
liability under Section 107 for bona fide prospective purchasers and
contiguous property owners, in addition to clarifying the requirements
necessary to establish the innocent landowner liability protection
under CERCLA. The Brownfields Amendments clarified the requirement that
parties purchasing potentially contaminated property undertake ``all
appropriate inquiry'' into prior ownership and use of property prior to
purchasing the property in order to qualify for protection from CERCLA
liability.
    The Brownfields Amendments required EPA to develop regulations
establishing standards and practices for how to conduct all appropriate
inquiries. EPA promulgated regulations that set standards and practices
for all appropriate inquiries on November 1, 2005 (70 FR 66070). In the
final regulation, EPA referenced, and recognized as compliant with the
final rule, the ASTM E1527-05 ``Standard Practice for Environmental
Site Assessments: Phase I Environmental Site Assessment Process.'' In
December 2008, EPA amended the final rule to recognize another ASTM
standard as compliant with the final rule, ASTM E2247-08 ``Standard
Practice for Environmental Site Assessments: Phase I Environmental Site
Assessment Process for Forestland or Rural

Property.'' Therefore, the final rule (40 CFR part 312) allows for the
use of the ASTM E1527-05 standard or the ASTM E2247-08 standard to
conduct all appropriate inquiries, in lieu of following requirements
included in the final rule.
    Since EPA promulgated the All Appropriate Inquiries Final Rule
setting standards and practices for the conduct of all appropriate
inquiries, ASTM International published a revised standard for
conducting Phase I environmental site assessments. This standard, ASTM
E1527-13, ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process,'' was reviewed by EPA, in
response to a request for its review by ASTM International, and
determined by EPA to be compliant with the requirements of the All
Appropriate Inquiries Final Rule.
    Today's direct final rule amends the All Appropriate Inquiries
Final Rule to allow the use of the recently revised ASTM standard,
E1527-13, for conducting all appropriate inquiries, as required under
CERCLA for establishing the bona fide prospective purchaser, contiguous
property owner, and innocent landowner liability protections.
    With today's action, parties seeking liability relief under
CERCLA's landowner liability protections, as well as recipients of
brownfields grants for conducting site assessments, will be considered
to be in compliance with the requirements for all appropriate
inquiries, if such parties comply with the procedures provided in the
ASTM E1527-13, ``Standard Practice for Environmental Site Assessments:
Phase I Environmental Site Assessment Process.'' EPA determined that it
is reasonable to promulgate this clarification as a direct final rule
that is effective immediately, rather than delay promulgation of the
clarification until after receipt and consideration of public comments.
EPA made this determination based upon the Agency's finding that the
ASTM E1527-13 standard is compliant with the All Appropriate Inquiries
Final Rule and the Agency sees no reason to delay allowing for its use
in conducting all appropriate inquiries.
    The Agency notes that today's action does not require any party to
use the ASTM E1527-13 standard. Any party conducting all appropriate
inquiries to comply with the CERCLA's bona fide prospective purchaser,
contiguous property owner, and innocent landowner liability protections
may continue to follow the provisions of the All Appropriate Inquiries
Final Rule at 40 CFR part 312, use the ASTM E1527-05 Standard or use
the ASTM E2247-08 standard.
    In taking today's action, the Agency is allowing for the use of an
additional recognized standard or customary business practice, in
complying with a federal regulation. Today's action does not require
any person to use the newly revised standard. Today's action merely
allows for the use of ASTM International's E1527-13 ``Standard Practice
for Environmental Site Assessments: Phase I Environmental Site
Assessment Process'' for those parties purchasing potentially
contaminated properties who want to use the ASTM E1527-13 standard in
lieu of the following specific requirements of the all appropriate
inquiries final rule.
    The Agency notes that there are no legally significant differences
between the regulatory requirements and the two ASTM E1527 standards.
To facilitate an understanding of the slight differences between the
All Appropriate Inquiries Final Rule, the ASTM E1527-05 Phase I
Environmental Site Assessment Standard and the revised ASTM E1527-13
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process,'' as well as the applicability
of the E1527-13 standard to certain types of properties, EPA developed,
and placed in the docket for today's action, the document ``Summary of
Updates and Revisions to ASTM E1527 Standard Practice for Environmental
Site Assessments: Phase I Environmental Site Assessment Process: How
E1527-13 Differs from E1527-05.'' The document provides a comparison of
the two ASTM E1527 standards.
    By taking today's action, EPA is fulfilling the intent and
requirements of the National Technology Transfer and Advancement Act of
1995 (NTTAA), Public Law 104-113.
    Today's action includes no changes to the All Appropriate Inquiries
Rule other than to add an additional reference to the new ASTM E1527-13
standard. EPA is not seeking comments on the standards and practices
included in the final rule published at 40 CFR part 312. Also, EPA is
not seeking comments on the ASTM E1527-13 standard. EPA's only action
with today's direct final rule is recognition of the ASTM E1527-13
standard as compliant with the final rule and, therefore it is only
this action on which the Agency is seeking comment.

IV. This Action

    EPA is publishing this direct final rule without prior proposal
because the Agency wants to provide additional flexibility for grant
recipients or other entities that may benefit from the use of the ASTM
E1527-13 standard. In addition, the Agency views this as a
noncontroversial action and anticipates no adverse comment. We believe
that today's action is reasonable and can be promulgated without
consideration of public comment because it allows for the use of a
tailored standard developed by a recognized standards developing
organization and that was reviewed by EPA and determined to be
equivalent to the Agency's final rule. Today's action does not disallow
the use of the previously recognized standards (ASTM E1527-05 or ASTM
E2247-08) and it does not alter the requirements of the previously
promulgated final rule. In addition, today's action will potentially
increase flexibility for some parties who may make use of the new
standard, without placing any additional burden on those parties who
prefer to use either the ASTM E1527-05 standard, the ASTM E2247-08
standard, or follow the requirements of the All Appropriate Inquiries
Final Rule when conducting all appropriate inquiries.
    Although we view today's action as noncontroversial, in the
``Proposed Rules'' section of today's Federal Register, we are
publishing a separate proposed rule containing the clarification
summarized above. That proposed rule will serve as the proposal to be
revised if adverse comments are received. If EPA does not receive
adverse comment in response to this direct final rule prior to
September 16, 2013, this rule will become effective on November 13,
2013, without further notice. If EPA receives adverse comment, we will
publish a timely withdrawal of this direct final rule in the Federal
Register, informing the public that the rule will not take effect. We
will address all public comments in a subsequent final rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so at this time and before September
16, 2013.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821, January 21, 2011), this action is
not a ``significant regulatory action'' and is therefore not subject to
OMB review. This action merely amends the All Appropriate Inquiries
Rule to reference ASTM International's E1527-13 ``Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process'' and allow for

its use to satisfy the requirements for conducting all appropriate
inquiries under CERCLA. This action does not impose any requirements on
any entity, including small entities. Therefore, pursuant to the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), after considering
the economic impacts of this action on small entities, I certify that
this action will not have a significant economic impact on a
substantial number of small entities. This action does not contain any
unfunded mandates or significantly or uniquely affect small governments
as described in Sections 202 and 205 of the Unfunded Mandates Reform
Act of 1999 (UMRA) (Pub. L. 104-4). This action does not create new
binding legal requirements that substantially and directly affect
Tribes under Executive Order 13175 (63 FR 67249, November 9, 2000).
This action does not have significant Federalism implications under
Executive Order 13132 (64 FR 43255, August 10, 1999). Because this
action has been exempted from review under Executive Order 12866, this
final rule is not subject to Executive Order 13211, entitled Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001) or Executive Order
13045, entitled Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, April 23, 1997). This action does not
contain any information collections subject to OMB approval under the
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it
require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
    This action does involve technical standards; thus, the
requirements of Section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272) does apply. The NTTAA was
signed into law on March 7, 1996 and, among other things, directs the
National Institute of Standards and Technology (NIST) to bring together
federal agencies as well as state and local governments to achieve
greater reliance on voluntary standards and decreased dependence on in-
house standards. It states that use of such standards, whenever
practicable and appropriate, is intended to achieve the following
goals: (a) Eliminate the cost to the government of developing its own
standards and decrease the cost of goods procured and the burden of
complying with agency regulation; (b) provide incentives and
opportunities to establish standards that serve national needs; (c)
encourage long-term growth for U.S. enterprises and promote efficiency
and economic competition through harmonization of standards; and (d)
further the policy of reliance upon the private sector to supply
Government needs for goods and services. The Act requires that federal
agencies adopt private sector standards, particularly those developed
by standards developing organizations (SDOs), whenever possible in lieu
of creating proprietary, non-consensus standards.
    Today's action is compliant with the spirit and requirements of the
NTTAA. Today's action allows for the use of the ASTM International
standard known as Standard E1527-13 and entitled ``Standard Practice
for Environmental Site Assessments: Phase I Environmental Site
Assessment Process.''
    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before certain actions may take effect, the agency
promulgating the action must submit a report, which includes a copy of
the action, to each House of the Congress and to the Comptroller
General of the United States. EPA submitted a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. This action
is not a ``major rule'' as defined by 5 U.S.C. 804(2). This rule is
effective on November 13, 2013, unless EPA receives adverse comment by
September 16, 2013.

List of Subjects in 40 CFR Part 312

    Administrative practice and procedure, Hazardous substances.

    Dated: August 5, 2013.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.

    For the reasons set out in the preamble, title 40 CFR chapter I is
amended as follows:

PART 312--[AMENDED]

0
1. The authority citation for part 312 continues to read as follows:

    Authority: Section 101(35)(B) of CERCLA, as amended, 42 U.S.C.
9601(3)(B).

Subpart B--Definitions and References

0
2. Section 312.11 is amended by adding paragraph (c) to read as
follows:

Sec.  312.11  References.

* * * * *
    (c) The procedures of ASTM International Standard E1527-13 entitled
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process.'' This standard is available
from ASTM International at www.astm.org, 1-610-832-9585.

[FR Doc. 2013-19764 Filed 8-14-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Rules and Regulations]
[Page 32263-32266]
[DOCID:fr08jn10-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1223; Directorate Identifier 2009-NM-114-AD;
Amendment 39-16327; AD 2010-12-06]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    During final Acceptance Test Procedure (ATP), a small oil leak
was discovered on the Spoiler Unload Valve and Rudder Shutoff Valve
bodies. Investigation revealed that a number of valves were
manufactured with an incorrect wall thickness. This thin wall
condition caused cracking, subsequent external weeping and pressure
loss from the subject valves.
    This condition, if not corrected, will cause a loss of hydraulic
fluid and subsequent loss of spoiler and/or rudder control.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective July 13, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 13,
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on December 30, 2009
(74 FR 69038). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    During final Acceptance Test Procedure (ATP), a small oil leak
was discovered on the Spoiler Unload Valve and Rudder Shutoff Valve
bodies. Investigation revealed that a number of valves were
manufactured with an incorrect wall thickness. This thin wall
condition caused cracking, subsequent external weeping and pressure
loss from the subject valves.
    This condition, if not corrected, will cause a loss of hydraulic
fluid and subsequent loss of spoiler and/or rudder control.
    Revision 1 of this directive mandates a new interval for the
initial inspection, clarifies the time for replacement of the
valve(s) specified in Paragraphs 1.2 and 2.2, and clarifies the
labeling of the inspected valves in Paragraph 3 of this directive.

Required actions include doing detailed inspections of the left-hand
and right-hand spoiler unload and rudder shutoff valve for leaking and
weeping, replacing discrepant left-hand and right-hand spoiler unload
and rudder shutoff valves with new or serviceable valves, and
eventually replacing all valves having a certain part number.
    You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Request To Address Valves Inspected Previously

    Horizon Air requests that we address valves that have been
inspected previously by the manufacturer by revising paragraphs (g)(1)
and (g)(2) of the NPRM to include the phrase ``without suffix `A' after
the serial number.'' Horizon Air explains that the NPRM, as written,
requires the inspection to be done on all valves, regardless if they
have been modified or unmodified. Horizon Air suggests that with the
recommended phrasing, the NPRM would continue to require inspection of
valves with the identified unsafe condition, but would not require
inspection of valves inspected previously.
    We agree. Adding the phrase ``without suffix `A' after the serial
number'' will eliminate unnecessary inspections for valves that have
been inspected previously by the manufacturer. We have revised
paragraphs (g)(1) and (g)(2) of this AD accordingly.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used
in the Costs of Compliance from $80 per work-hour to $85 per work-hour.
The Costs of Compliance information, below, reflects this increase in
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 61 products of U.S. registry.
We also estimate that it will take about 3 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $0 per product.
Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these parts. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here. Based
on these figures, we estimate the cost of this AD to the U.S. operators
to be $15,555, or $255 per product.

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 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 this AD:
    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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 AD:

2010-12-06 Bombardier, Inc.: Amendment 39-16327. Docket No. FAA-
2009-1223; Directorate Identifier 2009-NM-114-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 13,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model DHC-8-400, DHC-8-
401, and DHC-8-402 series airplanes, certificated in any category,
serial numbers 4105 through 4179 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    During final Acceptance Test Procedure (ATP), a small oil leak
was discovered on the Spoiler Unload Valve and Rudder Shutoff Valve
bodies. Investigation revealed that a number of valves were
manufactured with an incorrect wall thickness. This thin wall
condition caused cracking, subsequent external weeping and pressure
loss from the subject valves.
    This condition, if not corrected, will cause a loss of hydraulic
fluid and subsequent loss of spoiler and/or rudder control.
    Revision 1 of this directive mandates a new interval for the
initial inspection, clarifies the time for replacement of the
valve(s) specified in Paragraphs 1.2 and 2.2, and clarifies the
labeling of the inspected valves in Paragraph 3 of this directive.

Required actions include doing detailed inspections of the left-hand
and right-hand spoiler unload and rudder shutoff valve for leaking
and weeping, replacing discrepant left-hand and right-hand spoiler
unload and rudder shutoff valves with new or serviceable valves, and
eventually replacing all valves having a certain part number.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Do the actions specified in paragraphs (g)(1), (g)(2), and
(g)(3) of this AD, as applicable.
    (1) For airplanes having serial numbers 4105 through 4172
inclusive: Within 750 flight hours after the effective date of this
AD, do a detailed inspection of the left-hand and right-hand spoiler
unload valves having part number (P/N)<PHONE_NUMBER> without suffix
``A'' after the serial number, for leaking and weeping, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 84-27-37, dated February 5, 2009. For airplanes
with left-hand and right-hand spoiler unload valves having P/N
396000-1005 with suffix ``A'' after the serial number, no further
action is required by this paragraph.
    (i) If any leaking or weeping is found, prior to further flight,
replace the affected spoiler unload valve with a new or serviceable
valve, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 84-27-37, dated February 5, 2009.
    (ii) If no leaking and no weeping are found, replace the valves
with new or serviceable valves within 6,000 flight hours after the
initial inspection required by paragraph (g)(1) of this AD, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 84-27-37, dated February 5, 2009.
    (2) For airplanes having serial numbers 4113 through 4179
inclusive: Within 750 flight hours after the effective date of this
AD, do a detailed inspection of the left-hand and right-hand rudder
shutoff valves having P/N<PHONE_NUMBER> without suffix ``A'' after the
serial number, for leaking and weeping, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 84-27-39,
dated February 5, 2009. For airplanes with left-hand and right-hand
rudder shutoff valves having P/N<PHONE_NUMBER> with suffix ``A'' after
the serial number, no further action is required by this paragraph.
    (i) If any leaking or weeping is found, prior to further flight,
replace the affected rudder shutoff valve with a new or serviceable
valve, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 84-27-39, dated February 5, 2009.
    (ii) If no leaking and no weeping are found, replace the valves
with new or serviceable valves within 6,000 flight hours after the
initial inspection required by paragraph (g)(2) of this AD, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 84-27-39, dated February 5, 2009.
    (3) As of the effective date of this AD, no person may install a
spoiler unload valve assembly having P/N<PHONE_NUMBER>, having a
serial number from 0289 through 0424 inclusive, or rudder shutoff
valve having P/N<PHONE_NUMBER>, having a serial number from 0239
through 0384 inclusive, on any airplane, unless the valve has been
inspected by the manufacturer and labeled with a suffix ``A'' after
the serial number.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to Attn: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, New York, 11590; telephone 516-
228-7300; fax<PHONE_NUMBER>. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2009-25R1,
dated July 23, 2009; Bombardier Service Bulletin 84-27-37, dated
February 5, 2009; and Bombardier Service Bulletin 84-27-39, dated
February 5, 2009; for related information.

Material Incorporated by Reference

    (j) You must use Bombardier Service Bulletin 84-27-37, dated
February 5, 2009; or Bombardier Service Bulletin 84-27-39, dated
February 5, 2009; as applicable; to do the actions required by this
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; e-mail<EMAIL_ADDRESS>Internet http://
www.bombardier.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on May 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-13425 Filed 6-7-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 18, 2007 (Volume 72, Number 180)]
[Notices]
[Page 53270]
[DOCID:fr18se07-75]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Terax Energy, Inc.; Corrected Order of
Suspension of Trading

September 12, 2007.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Terax Energy, Inc. (``Terax,'' trading symbol TEXG.OB), because of
questions regarding the accuracy of assertions by Terax and by others,
in reports filed with the Commission and in press releases to investors
concerning, among other things: (1) The status of Terax's oil and gas
operations, (2) Terax's purported financing agreements, (3) Terax's
supposed acquisition of a controlling interest in a foreign oil and gas
firm, (4) the existence, terms and status of a purported share exchange
agreement between Terax and Westar Oil, Inc., and (5) the identity of
the persons in control of the operations and management of Terax.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the above-listed
company is suspended for the period from 9:30 a.m. EDT, September 12,
2007 through 11:59 p.m. EDT, on September 25, 2007.

    By the Commission.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-18268 Filed 9-17-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Notices]
[Pages 75482-75483]
[FR Doc No: 2010-30387]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0566]

Draft Guidance for Industry on Residual Solvents in Animal Drug
Products; Questions and Answers; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry 211 entitled
``Residual Solvents in Animal Drug Products; Questions and Answers.''
The draft questions and answers (Q&A) guidance addresses the United
States Pharmacopeia (USP) General Chapter <467> Residual Solvents that
applies to both human and veterinary drugs and to compendial and non-
compendial drug products. This document answers questions regarding
CVM's implementation of USP <467> Residual Solvents.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit written or electronic comments on the draft guidance
by February 1, 2011.

ADDRESSES: Submit written requests for single copies of the guidance to
the Communications Staff (HFV-12), Center for Veterinary Medicine, Food
and Drug Administration, 7519 Standish Pl., Rockville, MD 20855. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.
    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Sudesh Kamath, Center for Veterinary
Medicine (HFV-145), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On July 1, 2008, the USP implemented a requirement for the control
of residual solvents in drug products marketed in the United States.
Once implemented, the requirement, USP General Chapter <467> Residual
Solvents, became a statutory requirement under section 501(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351(b)).
    FDA is announcing the availability of a draft guidance for industry
211 entitled ``Residual Solvents in Animal

Drug Products; Questions and Answers.'' This document answers questions
regarding CVM's implementation of USP <467> Residual Solvents.

II. Significance of Guidance

    This level 1 draft guidance is being issued consistent with FDA's
good guidance practices regulation (21 CFR 10.115). The draft guidance,
when finalized, will represent the Agency's current thinking on this
topic. It does not create or confer any rights for or on any person and
does not operate to bind FDA or the public. An alternative approach may
be used if such approach satisfies the requirements of the applicable
statutes and regulations.

III. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in this guidance have been approved under
OMB control nos. 0910-0032 and 0910-0669.

IV. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

V. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or http://www.regulations.gov.

    Dated: November 12, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-30387 Filed 12-2-10; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: November 24, 2009 (Volume 74, Number 225)]
[Notices]
[Page 61346-61347]
[DOCID:fr24no09-46]

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

[EPA-HQ-OPPT-2003-0004; FRL-8798-7]

Access to Confidential Business Information by Science
Applications International Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has authorized its contractor, Science Applications
International Corporation (SAIC), to access information which has been
submitted to EPA under all sections of the Toxic Substances Control Act
(TSCA). Some of the information may be claimed or determined to be
Confidential Business Information (CBI).

DATES: Access to the confidential data will occur no sooner than
December 1, 2009.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address: TSCA-
<EMAIL_ADDRESS>    For technical information contact: Scott Sherlock, Environmental
Assistance Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address: sherlock.scott @epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Notice Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to all who manufacture, process or distribute
industrial chemicals. Since other entities may also be interested, the
Agency has not attempted to describe all the specific entities that may
be affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPPT-2003-0004. All documents
in the docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://
www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. What Action is the Agency Taking?

    Under Contract Number GS-35F-4461G, contractor SAIC of 10260 Campus
Point Drive, San Diego, CA, will assist the Office of Pollution
Prevention and Toxics (OPPT) in designing and developing graphical user
interface screens. The screens will be transferred from the development
environment to the EPA Confidential Business environment. Users will
input data into a repository in the Confidential Business environment
via use of the input screens.
    In accordance with 40 CFR 2.306(j), EPA has determined that under
Contract

Number GS-35F-4461G, SAIC will require access to CBI submitted to EPA
under all sections of TSCA to perform successfully the duties specified
under the contract. SAIC personnel will be given access to information
submitted to EPA under all sections of TSCA.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA may provide SAIC access to these
CBI materials on a need-to-know basis only. All access to TSCA CBI
under this contract will take place at EPA Headquarters in accordance
with EPA's TSCA CBI Protection Manual.
    Access to TSCA data, including CBI, will continue until September
27, 2012. If the contract is extended, this access will also continue
for the duration of the extended contract without further notice.
    SAIC personnel will be required to sign nondisclosure agreements
and will be briefed on appropriate security procedures before they are
permitted access to TSCA CBI.

List of Subjects

    Environmental Protection, Confidential Business Information.

    Dated: November 18, 2009.
 Matthew Leopard,
Acting Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. E9-28170 Filed 11-23-09; 8:45 am]

BILLING CODE 6560-50-S


background-color:#9d9793;"><span style="position:absolute;font-size:0;lef


[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Notices]
[Pages 78445-78447]
[FR Doc No: 2013-30759]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71138; File No. SR-BYX-2013-041]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Y-Exchange, Inc.

December 19, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 9, 2013, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to BYX Rules
15.1(a) and (c). Changes to the fee schedule pursuant to this proposal
are effective upon filing.
---------------------------------------------------------------------------

    \5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify its fee schedule applicable to the
use of the Exchange effective December 9, 2013, in order to temporarily
amend the way that the Exchange calculates rebates for accessing
liquidity and fees for adding liquidity to the Exchange. Specifically,
the Exchange is proposing to exclude odd lot executions from the
calculation of average daily TCV, as defined below, until February 1,
2014.

    The Exchange currently offers a tiered structure for determining
the fees and rebates that Members receive or pay for executions on the
Exchange. Under the tiered pricing structure, the Exchange charges
different fees and provides different rebates to Members based on a
Member's ADV \6\ as a percentage of average daily TCV,\7\ as well as a
reduction in fees where a Member's order sets the NBBO and that Member
meets or exceeds a certain threshold of ADV as a percentage of average
daily TCV. The Exchange notes that it is not proposing to modify any of
the existing fees or rebates or the percentage thresholds at which a
Member may qualify for certain fees or rebates. Rather, as mentioned
above, the Exchange is proposing to modify its fee schedule in order to
temporarily exclude odd lot executions from the calculation of average
daily TCV.
---------------------------------------------------------------------------

    \6\ As provided in the ``Equities Pricing'' section of the fee
schedule, ``ADV'' average daily volume calculated as the number of
shares added or removed, combined, per day on a monthly basis,
excluding shares added or removed on any day that trading is not
available on the Exchange for more than 60 minutes during regular
trading hours but continues on other markets during such time
(``Exchange Outage'') and on the last Friday in June (the ``Russell
Reconstitution Day''); routed shares are not included in ADV
calculation; with prior notice to the Exchange, a Member may
aggregate ADV with other Members that control, are controlled by, or
are under common control with such Member (as evidenced on such
Member's Form BD).
    \7\ As provided in the fee schedule, ``TCV'' means total
consolidated volume calculated as the volume reported by all
exchanges and trade reporting facilities to a consolidated
transaction reporting plan for the month for which the fees apply,
excluding any day that the Exchange experiences an Exchange Outage
and the Russell Reconstitution Day.
---------------------------------------------------------------------------

    The Exchange is proposing to exclude odd lot executions from the
calculation of average daily TCV through January 31, 2014 because
recent amendments to the Consolidated Tape Association and NASDAQ UTP
Plans \8\ require that odd lots be reported to the consolidated tape.
Beginning on December 9, 2013, exchanges and trade reporting facilities
are required to report odd lot executions to the consolidated
transaction reporting plan and, as currently defined, odd lots would be
included in the calculation of TCV. As such, the Exchange is proposing
to amend the definition of TCV in order to exclude odd lots from the
calculation of TCV until January 31, 2014. When calculating ADV as a
percentage of TCV, the Exchange has historically included odd lots in
the Member's ADV, but excluded them from TCV since they have not been
included in the trades reported to consolidated transaction reporting
plans. Accordingly, the proposal intends to exclude odd lots from TCV
for the first two billing cycles in which odd lots are reported to the
consolidated transaction reporting plans in order to create a period
during which odd lot reporting behavior can be observed without
affecting the fees and rebates for which a Member will qualify. The
Exchange believes that excluding such odd lots will help to eliminate
uncertainty faced by Members as to their monthly ADV as a percentage of
average daily TCV because of the additional reported volume and the
fees and rebates that this percentage will qualify for, providing
Members with an increased certainty as to their monthly cost for trades
executed on the Exchange. Further, excluding such odd lots through
January 31, 2014 will allow the Exchange to evaluate the impact that
odd lot orders would have on Member fees and rebates.
---------------------------------------------------------------------------

    \8\ Securities Exchange Act Release No. 70794 (October 31,
2013), 78 FR 66789 (November 6, 2013) (SR-CTA-2013-05); Securities
Exchange Act Release No. 70793 (October 31, 2013), 78 FR 66788
(November 6, 2013) (File No. S7-24-89).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee structures at a
particular venue to be unreasonable and/or excessive.
    With respect to the proposed changes to the tiered pricing
structure for adding and removing liquidity, the Exchange believes that
its proposal is reasonable because, as explained above, it will help
provide Members with a greater level of certainty as to their level of
fees and rebates for December and January. The Exchange also believes
that its proposal is reasonable because it is not changing the
thresholds to become eligible or the dollar value associated with the
fees and rebates and, moreover, by continuing to exclude odd lots from
the calculation of average daily TCV, Members will be more likely to
meet the minimum or higher tier thresholds for December and January,
which will provide additional incentive to Members to increase their
participation on the Exchange in order to meet the next tier. In
addition, the Exchange believes that the proposed changes to fees are
equitably allocated among Exchange constituents as the methodology for
calculating ADV and TCV will apply equally to all Members.
    Volume-based tiers such as those maintained by the Exchange have
been widely adopted in the equities markets, and are equitable and not
unfairly discriminatory because they are open to all members on an
equal basis and provide fees and rebates that are reasonably related to
the value to an exchange's market quality associated with higher levels
of market activity, such as higher levels of liquidity provision and
introduction of higher volumes of orders into the price and volume
discovery process. Accordingly, the Exchange believes that the proposal
is equitably allocated and not unfairly discriminatory because it is
consistent with the overall goals of enhancing market quality.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed changes will help
the Exchange to continue to incentivize higher levels of liquidity at a
tighter spread while providing more stable and predictable costs to its
Members. As stated above, the Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee structures to be
unreasonable or excessive.

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

    No written comments were solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4
thereunder.\10\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the

public interest, for the protection of investors, or otherwise in
furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BYX-2013-041 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BYX-2013-041. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BYX-2013-041 and should be
submitted on or before January 16, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-30759 Filed 12-24-13; 8:45 am]
BILLING CODE 8011-01-P