[Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014)]
[Notices]
[Pages 55864-55867]
[FR Doc No: 2014-22116]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73080; File No. SR-BATS-2014-039]

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

September 11, 2014.
    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 August 28, 2014, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') 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.
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    \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).
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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 BATS Rules
15.1(a) and (c). Changes to the fee schedule pursuant to this proposal
are effective upon filing.
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    \5\ A Member is defined as ``any registered broker or dealer
that has been admitted to membership in the Exchange.'' See Exchange
Rule 1.5(n).
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    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 use
of the Exchange's equities trading platform (``BATS Equities'') in
order to: (i) Add two additional ``Cross-Asset Step-Up Tiers'' for
purposes of tiered pricing applicable to BATS Equities; and (ii) modify
fees applicable to orders routed to and executed at the New York Stock
Exchange LLC (``NYSE'').

Additional Step-Up Tiers

    Currently, with respect to BATS Equities, the Exchange determines
the liquidity adding rebate that it will provide to Members using the
Exchange's tiered pricing structure, which is based on the Member
meeting certain volume tiers based on their ADAV \6\ as a percentage of
TCV \7\ or ADV \8\ as a percentage of TCV. Under

such pricing structure, a Member will receive an adding rebate of
anywhere between $0.0020 and $0.0032 per share executed, depending on
the volume tier for which such Member qualifies. The Exchange also
maintains two additional types of tiers in addition to the volume tiers
described above: Step-Up Tiers and a Cross-Asset Step-Up Tier. The
Step-Up Tier and Cross-Asset Step-Up Tier provide Members with
additional ways to qualify for enhanced rebates. The Cross-Asset Step-
Up Tier includes pricing based on a Member's participation on the
Exchange's equity options platform (``BATS Options''). As proposed, the
existing volume tiers, including the Step-Up Tiers and Cross-Asset Step
Up Tier will remain the same. However, the Exchange proposes to add two
new Cross-Asset Step Up Tiers to its fee schedule as Tier 1 and Tier 2,
and to re-number the existing Cross-Asset Step Up Tier as Tier 3.
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    \6\ As provided in the fee schedule, for purposes of BATS
Equities pricing, ``ADAV'' means average daily added volume
calculated as the number of shares added per day on a monthly basis;
the Exchange excludes from the ADAV calculation routed shares as
well as shares added on any day that the Exchange's system
experiences a disruption that lasts for more than 60 minutes during
regular trading hours (``Exchange System Disruption''), on any day
with a scheduled early market close and on the last Friday in June
(the ``Russell Reconstitution Day'').
    \7\ As provided in the fee schedule, for purposes of BATS
Equities pricing, ``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 volume on any day that the
Exchange experiences an Exchange System Disruption, on any with a
scheduled early market close and the Russell Reconstitution Day.
    \8\ As provided in the fee schedule, for purposes of BATS
Equities pricing, ``ADV'' means average daily volume calculated as
the number of shares added or removed, combined, per day on a
monthly basis; the Exchange excludes from the ADV calculation routed
shares, and shares added on any day that the Exchange's system
experiences an Exchange System Disruption, on any day with a
scheduled early market close and on the Russell Reconstitution Day.
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    The existing Cross-Asset Step-Up Tier is designed to incentivize
Members to both increase their participation on the Exchange in terms
of their ADAV and their ADAV on BATS Options (``Options ADAV'') \9\
compared to their January 2014 ADAV and Options ADAV. The existing
Cross-Asset Step-Up Tier provides a rebate of $0.0032 per share where
the Member's Step-Up Add TCV \10\ is equal to or greater than 0.30% and
the Member's Options Step-Up Add TCV, as described below, is greater
than 0.40%. The Cross-Asset Step-Up Tier is similar to cross asset
tiers employed by NYSE Arca, Inc. and the Nasdaq Stock Market, LLC.\11\
The new proposed Cross-Asset Step-Up Tiers are similar to the
Exchange's existing Cross-Asset Step-Up Tier in that they are designed
to incentivize liquidity provision on the Exchange by providing an
enhanced rebate while also incentivizing increased participation on
BATS Options.
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    \9\ Similar to the definition of ADAV for BATS Equities, the
BATS Options definition of ADAV is average daily added volume
calculated as the number of contracts added.
    \10\ A Member's Step-Up Add TCV is based on participation on
BATS Equities and defined as a percentage of TCV in January 2014
subtracted from current ADAV as a percentage of TCV.
    \11\ See Exchange Act Release No. 67424 (July 18, 2012), 77 FR
42347 (July 12, 2012) (SR-NYSEArca-2012-70); Nasdaq Rule 7018(a)(1).
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    The proposed Cross-Asset Step Up Tier 1 would provide a rebate of
$0.0027 per share where the Member's Options Step-Up Add TCV is equal
to or greater than 0.30%. The proposed Cross-Asset Step Up Tier 2 would
provide a rebate of $0.0028 per share where the Member's Options Step-
Up Add TCV is equal to or greater than 0.40%.
    A Member's Options Step-Up Add TCV is calculated as the increase in
the Member's current Options ADAV as a percentage of options TCV
(``Options TCV'') \12\ (``Current Options ADAV'') over the Member's
Options ADAV as a percentage of Options TCV from January 2014
(``Baseline Options ADAV''). By way of example, where a Member's
Baseline Options ADAV is 0.04%, the Member would need to achieve a
Current Options ADAV of 0.34% in order to qualify for Cross-Asset Step-
Up Tier 1 and its $0.0027 per share rebate or 0.44% in order to qualify
for Cross-Asset Step-Up Tier 2 and its $0.0028 per share rebate.
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    \12\ As provided in the fee schedule, for purposes of BATS
Options pricing, ``TCV'' means total consolidated volume calculated
as the volume reported by all exchanges to the consolidated
transaction reporting plan for the month for which the fees apply,
excluding volume on any day that the Exchange experiences an
Exchange System Disruption.
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    As is currently the case pursuant to the fee schedule, a Member
will receive the higher of the volume rebates, step-up rebates, or
cross-asset step-up rebates for which they qualify.

Orders Routed to and Executed at NYSE

    The Exchange proposes to modify the ``Equities Pricing'' section of
its fee schedule effective September 2, 2014, in order to amend the
fees for certain routing strategies based on a change of fees at the
NYSE.
    The Exchange has previously provided a discounted fee for
Destination Specific Orders routed to certain of the largest market
centers measured by volume (NYSE, NYSE Arca and NASDAQ), which, in each
instance has been $0.0001 less per share for orders routed to such
market centers by the Exchange than such market centers currently
charge for removing liquidity (referred to by the Exchange as ``One
Under'' pricing). NYSE is implementing certain pricing changes
effective September 2, 2014, including modification from a fee to
remove liquidity of $0.0026 per share to a fee of $0.0027 per
share.\13\ Based on the changes in pricing at NYSE, BATS is proposing
to increase its fee for Destination Specific Orders \14\ executed at
NYSE so that the fee remains $0.0001 less per share for orders routed
to NYSE. Specifically, the Exchange proposes to increase the fee
charged for BATS + NYSE Destination Specific Orders executed at NYSE
from $0.0025 per share to $0.0026 per share.
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    \13\ See NYSE Trader Update dated August 21, 2014, http://
www1.nyse.com/pdfs/
NYSEClientNoticeFeeChange
092014.pdf.
    \14\ As defined in Exchange Rule 11.9(c)(12).
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    In addition, the Exchange offers a variety of routing strategies,
including ``SLIM'' and ``TRIM,'' each of which has a specific fee for
an execution that occurs at NYSE.\15\ Consistent with its One Under
pricing model, the Exchange currently charges $0.0025 per share for
executions that occur at NYSE through SLIM and TRIM. Based on the
increased fee at NYSE, the Exchange proposes to increase the fee
charged for SLIM and TRIM orders executed at NYSE from $0.0025 per
share to $0.0026 per share.
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    \15\ See Exchange Rule 11.13(a)(3)(G) for a description of the
TRIM routing strategy and Exchange Rule 11.13(a)(3)(H) for a
description of the SLIM routing strategy.
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Implementation Date

    The Exchange proposes to implement these amendments to its fee
schedule on September 2, 2014.
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.\16\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\17\ 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 levels at a
particular venue to be excessive.
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    \16\ 15 U.S.C. 78f.
    \17\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that providing additional financial
incentives on BATS Equities to Members that demonstrate an increase
over their Options Baseline ADAV through the new proposed Cross-Asset
Step-Up Tiers offer additional, flexible ways to achieve financial
incentives from the Exchange and encourage Members to add liquidity to
both BATS Equities and BATS Options. The Exchange believes that these
incentives are reasonable, fair and equitable because the liquidity
from each of these proposals also benefits all investors by deepening
the BATS Equities and BATS Options liquidity pools, offering additional
flexibility for all investors to enjoy cost savings, supporting the
quality of price discovery, promoting market

transparency and improving investor protection. Such pricing programs
thereby reward a Member's growth pattern and such increased volume
increase potential revenue to the Exchange, and will allow the Exchange
to continue to provide and potentially expand the incentive programs
operated by the Exchange. These pricing programs are also fair and
equitable in that they are available to all Members and will result in
Members receiving either the same or an increased rebate than they
would currently receive. The Exchange also notes that the proposed
step-up tier are similar to pricing tiers currently available on Arca
and Nasdaq.\18\
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    \18\ See supra note 11.
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    Volume-based rebates and fees such as the ones maintained on BATS
Equities, including the Cross-Asset Step-Up Tiers proposed herein, have
been widely adopted by equities and options exchanges and are equitable
because they are open to all Members on an equal basis and provide
additional benefits or discounts 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/or
growth patterns, and introduction of higher volumes of orders into the
price and volume discovery processes. Further, the Exchange believes
that the Cross-Asset Step-Up Tiers will provide such enhancements in
market quality on both BATS Equities and BATS Options by incentivizing
participation on both platforms. Although the new tiers to not require
a certain amount of growth on BATS Equities in order to qualify for the
enhanced rebate, the enhanced rebate is intended to incentivize
enhanced participation on BATS Equities while both incentivizing and
rewarding Members for additional participation on BATS Options. The
Exchange notes that it is not proposing to modify any existing tiers
(other than to re-number the Equities Cross-Asset Step-Up Tier), but
rather to add new tiers that will provide Members with additional ways
to receive higher rebates. Accordingly, under the proposal a Member
will receive either the same or a higher rebate than they would receive
today. Accordingly, the Exchange believes that the proposed additions
to the Exchange's tiered pricing structure and incentives are not
unfairly discriminatory because they will apply uniformly to all
Members and are consistent with the overall goals of enhancing market
quality on both BATS Equities and BATS Options.
    Finally, the Exchange believes that the proposed changes to certain
of the Exchange's non-standard routing fees and strategies are
equitably allocated, fair and reasonable, and non-discriminatory in
that they are equally applicable to all Members and are designed to
provide a reduced fee for orders routed to NYSE through Exchange
routing strategies as compared to applicable fees for executions if
such routed orders were instead executed directly by the Member at
NYSE.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. With
respect to the proposed new tiered rebates, the Exchange does not
believe that any such changes burden competition, but instead, enhance
competition, as they are intended to increase the competitiveness of
and draw additional volume to both BATS Equities and BATS Options. The
Exchange also believes the proposed step-up tiers would enhance
competition because they are similar to pricing tiers currently
available on Arca and Nasdaq.\19\ 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 the
deem fee structures to be unreasonable or excessive. Finally, because
the market for order execution is extremely competitive, Members may
readily opt to disfavor the Exchange's routing services if they believe
that alternatives offer them better value. For an order routed through
the Exchange and executed at NYSE through the applicable routing
strategies, the proposed fee change is designed to maintain a slight
discount compared to the fee the Member would have paid if such routed
order was instead executed directly by a Member at NYSE.\20\
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    \19\ See supra note 11.
    \20\ See BATS Rule 21.1(d)(8) (describing ``BATS Only'' orders
for BATS Options) and BATS Rule 21.9(a)(1) (describing the BATS
Options routing process, which requires orders to be designated as
available for routing).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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 \21\ and paragraph (f) of Rule 19b-4
thereunder.\22\ 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.
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    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f).
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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-BATS-2014-039 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2014-039. 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-BATS-2014-039 and should be submitted on or before
October 8, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-22116 Filed 9-16-14; 8:45 am]
BILLING CODE 8011-01-P


Cooling Water Intake Structure ( CWIS) Information Data Required Rig Information Rig Name Noble John Sandifer Rig Type Jackup Total Installed Power Generation Capacity 4,875 HP Number of Cooling Water Intake Structures ( CWISs) 3 Brief description of each CWIS ( e. g., sea chest, simple pipe) 2 Deep Well Hoses 1 Sea Chest Rough dimensions of each CWIS and indicate whether onboard CWIS has an existing flange 6" Deep Well; Flanged 10" Sea Chest; No Flange Screen type ( e. g., strainer, wedge wire) with mesh size Duplex Basket Strainer  Unlined Perforated Basket 5/ 32" holes Total Design Specifications for Daily Maximum Water Intake Volume of each CWIS 1,364,454 gals ( 34,287 bbls)

Total Daily Water Intake Volume of each CWIS ( Set up/ Drilling) 1,364,454 gals ( 34,287 bbls)

Design Specs for Through Screen Velocity of each CWIS ( i. e., Q= V* A) ( Set up/ Drilling) Deep Well = 1.0 ft. per second Sea Chest = 4.1 ft. per second List of Purposes of Cooling Water Intakes ( e. g., cool crude oil, produced water, power generators, drill pipe brakes) Brake Water Cooling List of Purposes of Non cooling Water Intakes ( e. g., fire water, hotel loads) Fire pump, Sanitary, Water Makers Total Volume of Water Intake for Ballasting, Duration of the Ballast intake, and the Through Screen Velocity of the Ballast intake 1,470,630 gal ( 35,015 bbls) Ballast Water ( preload) on board approx. 6 hours. Thru screen velocity = 1.0 ft. per second Mitigation Measures for reducing Exotic Species Migration through Ballast water Ballast water not transported. It is taken on and dumped from the same location. Mitigation Measures for reducing Impingement and Entrainment of Aquatic Organisms, as well as Bio fouling Prevention Measures Cover over sea chest, cathodic protection Is the Rig equipped with a Radiator Cooling System for the Main Engines? Yes


[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Rules and Regulations]
[Pages 30931-30933]
[FR Doc No: 2015-13067]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 876

[Docket No. FDA-2015-N-1338]

Medical Devices; Gastroenterology-Urology Devices; Classification
of the Rectal Control System

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

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SUMMARY: The Food and Drug Administration (FDA) is classifying the
rectal control system into class II (special controls). The special
controls that will apply to the device are identified in this order and
will be part of the codified language for the rectal control system's
classification. The Agency is classifying the device into class II
(special controls) in order to provide a reasonable assurance of safety
and effectiveness of the device.

DATES: This order is effective June 1, 2015. The classification was
applicable on February 12, 2015.

FOR FURTHER INFORMATION CONTACT: Purva Pandya, Center for Devices and

Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. G223, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with section 513(f)(1) of the Federal Food, Drug, and
Cosmetic Act (the FD&C Act) (21 U.S.C. 360c(f)(1)), devices that were
not in commercial distribution before May 28, 1976 (the date of
enactment of the Medical Device Amendments of 1976), generally referred
to as postamendments devices, are classified automatically by statute
into class III without any FDA rulemaking process. These devices remain
in class III and require premarket approval, unless and until the
device is classified or reclassified into class I or II, or FDA issues
an order finding the device to be substantially equivalent, in
accordance with section 513(i) of the FD&C Act, to a predicate device
that does not require premarket approval. The Agency determines whether
new devices are substantially equivalent to predicate devices by means
of premarket notification procedures in section 510(k) of the FD&C Act
(21 U.S.C. 360(k)) and part 807 (21 CFR part 807) of the regulations.
    Section 513(f)(2) of the FD&C Act, as amended by section 607 of the
Food and Drug Administration Safety and Innovation Act (Pub. L. 112-
144), provides two procedures by which a person may request FDA to
classify a device under the criteria set forth in section 513(a)(1) of
the FD&C Act. Under the first procedure, the person submits a premarket
notification under section 510(k) of the FD&C Act for a device that has
not previously been classified and, within 30 days of receiving an
order classifying the device into class III under section 513(f)(1),
the person requests a classification under section 513(f)(2) of the
FD&C Act. Under the second procedure, rather than first submitting a
premarket notification under section 510(k) and then a request for
classification under the first procedure, the person determines that
there is no legally marketed device upon which to base a determination
of substantial equivalence and requests a classification under section
513(f)(2) of the FD&C Act. If the person submits a request to classify
the device under this second procedure, FDA may decline to undertake
the classification request if FDA identifies a legally marketed device
that could provide a reasonable basis for review of substantial
equivalence with the device or if FDA determines that the device
submitted is not of ``low-moderate risk'' or that general controls
would be inadequate to control the risks and special controls to
mitigate the risks cannot be developed.
    In response to a request to classify a device under either
procedure provided by section 513(f)(2) of the FD&C Act, FDA will
classify the device by written order within 120 days. This
classification will be the initial classification of the device. On
June 23, 2014, Pelvalon, Inc., submitted a request for classification
of the Eclipse System under section 513(f)(2) of the FD&C Act. The
manufacturer recommended that the device be classified into class II
(Ref. 1).
    In accordance with section 513(f)(2) of the FD&C Act, FDA reviewed
the request in order to classify the device under the criteria for
classification set forth in section 513(a)(1). FDA classifies devices
into class II if general controls by themselves are insufficient to
provide reasonable assurance of safety and effectiveness, but there is
sufficient information to establish special controls to provide
reasonable assurance of the safety and effectiveness of the device for
its intended use. After review of the information submitted in the
request, FDA determined that the device can be classified into class II
with the establishment of special controls. FDA believes these special
controls, in addition to general controls, will provide reasonable
assurance of the safety and effectiveness of the device.
    Therefore, on February 12, 2015, FDA issued an order to the
requestor classifying the device into class II. FDA is codifying the
classification of the device by adding 21 CFR 876.5930.
    Following the effective date of this final classification order,
any firm submitting a premarket notification (510(k)) for a rectal
control system will need to comply with the special controls named in
this final order. The device is assigned the generic name rectal
control system, and it is identified as a prescription device intended
to treat fecal incontinence by controlling the size of the rectal
lumen. The device is inserted in the vagina and includes a portion that
expands to reduce the rectal lumen to prevent stool leakage and
retracts to allow normal passage of stool. The device includes an
external regulator to control the state of expansion.
    FDA has identified the following risks to health associated
specifically with this type of device, as well as the measures required
to mitigate these risks in table 1.

      Table 1--Rectal Control System Risks and Mitigation Measures
------------------------------------------------------------------------
            Identified risk                    Mitigation measures
------------------------------------------------------------------------
Vaginal Wall Trauma....................  Clinical Testing Labeling.
Adverse Tissue Reaction................  Biocompatibility Testing.
Infection..............................  Non-Clinical (Bench) Testing
                                          Cleaning and Disinfection
                                          Validation Labeling.
Device Malfunction.....................  Non-Clinical (Bench) Testing
                                          Labeling.
Urinary Urgency, Incontinence, or        Clinical Testing Labeling.
 Voiding Problems.
Fecal Urgency or Difficulty in           Clinical Testing Labeling.
 Evacuation.
Discomfort, Pain.......................  Clinical Testing Labeling.
Change in Amount, Color, or Consistency  Labeling.
 of Vaginal Discharge.
------------------------------------------------------------------------

    FDA believes that the following special controls, in combination
with the general controls, address these risks to health and provide
reasonable assurance of the safety and effectiveness:
     Clinical testing must document the device acceptance data
and the adverse event profile associated with clinical use, and
demonstrate that the device performs as intended under anticipated
conditions of use.
     The elements of the device that contact vaginal tissue
must be demonstrated to be biocompatible.
     The cleaning and disinfection instructions for the device
must be validated.
     Non-clinical (bench) testing must demonstrate that the
device performs as intended under anticipated conditions of use.

     Non-clinical (bench) testing must demonstrate that the
device does not:
    [cir] Enhance the growth of Staphylococcus aureus.
    [cir] Increase production of Toxic Shock Syndrome Toxin-1 by S.
aureus.
    [cir] Alter the growth of normal vaginal flora.
     Labeling must include:
    [cir] Specific instructions, contraindications, warnings, cautions,
limitations, and the clinical training needed for the safe use of the
device.
    [cir] The intended patient population and the intended use
environment.
    [cir] Information on how the device is to be fitted, how the device
operates, and recommendations on device maintenance.
    [cir] A detailed summary of the clinical testing pertinent to the
use of the device, including a summary of the device- and procedure-
related complications or adverse events related to use of the device,
as well as relevant safety and performance information.
     Patient labeling must be provided and must include:
    [cir] Relevant contraindications, warnings, precautions, and
adverse events/complications.
    [cir] Information on how the device operates and the recommended
device maintenance (i.e., care instructions), including cleaning and
disinfection.
    [cir] Information on the patient population for which there was a
favorable benefit/risk assessment.
    [cir] The potential risks and benefits associated with the use of
the device.
    Rectal control system devices are prescription devices restricted
to patient use only upon the authorization of a practitioner licensed
by law to administer or use the device; see 21 CFR 801.109
(Prescription devices).
    Section 510(m) of the FD&C Act provides that FDA may exempt a class
II device from the premarket notification requirements under section
510(k) of the FD&C Act, if FDA determines that premarket notification
is not necessary to provide reasonable assurance of the safety and
effectiveness of the device. For this type of device, FDA has
determined that premarket notification is necessary to provide
reasonable assurance of the safety and effectiveness of the device.
Therefore, this device type is not exempt from premarket notification
requirements. Persons who intend to market this type of device must
submit to FDA a premarket notification, prior to marketing the device,
which contains information about the rectal control system they intend
to market.

II. Environmental Impact

    The Agency has determined under 21 CFR 25.34(b) that this action is
of a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

III. Paperwork Reduction Act of 1995

    This final order establishes special controls that refer to
previously approved collections of information found in other 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
part 807, subpart E, regarding premarket notification submissions have
been approved under OMB control number 0910-0120, and the collections
of information in 21 CFR part 801, regarding labeling have been
approved under OMB control number 0910-0485.

IV. Reference

    The following reference has been placed on display in the Division
of Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, Rm. 1061, Rockville, MD 20852, and may be seen by
interested persons between 9 a.m. and 4 p.m., Monday through Friday,
and is available electronically at http://www.regulations.gov.

    1. DEN140020: De Novo Request per 513(f)(2) from Pelvalon, Inc.,
dated June 23, 2014.

List of Subjects in 21 CFR Part 876

    Medical devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
876 is amended as follows:

PART 876--GASTROENTEROLOGY-UROLOGY DEVICES

0
1. The authority citation for 21 CFR part 876 continues to read as
follows:

    Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371.

0
2. Add Sec.  876.5930 to subpart F to read as follows:

Sec.  876.5930  Rectal control system.

    (a) Identification. A rectal control system is a prescription
device intended to treat fecal incontinence by controlling the size of
the rectal lumen. The device is inserted in the vagina and includes a
portion that expands to reduce the rectal lumen to prevent stool
leakage and retracts to allow normal passage of stool. The device
includes an external regulator to control the state of expansion.
    (b) Classification. Class II (special controls). The special
controls for this device are:
    (1) Clinical testing must document the device acceptance data and
the adverse event profile associated with clinical use, and demonstrate
that the device performs as intended under anticipated conditions of
use.
    (2) The elements of the device that contact vaginal tissue must be
demonstrated to be biocompatible.
    (3) The cleaning and disinfection instructions for the device must
be validated.
    (4) Non-clinical (bench) testing must demonstrate that the device
performs as intended under anticipated conditions of use.
    (5) Non-clinical (bench) testing must demonstrate that the device
does not:
    (i) Enhance the growth of Staphylococcus aureus.
    (ii) Increase production of Toxic Shock Syndrome Toxin-1 by S.
aureus.
    (iii) Alter the growth of normal vaginal flora.
    (6) Labeling must include:
    (i) Specific instructions, contraindications, warnings, cautions,
limitations, and the clinical training needed for the safe use of the
device.
    (ii) The intended patient population and the intended use
environment.
    (iii) Information on how the device is to be fitted, how the device
operates, and recommendations on device maintenance.
    (iv) A detailed summary of the clinical testing pertinent to the
use of the device, including a summary of the device- and procedure-
related complications or adverse events related to use of the device,
as well as relevant safety and performance information.
    (7) Patient labeling must be provided and must include:
    (i) Relevant contraindications, warnings, precautions, and adverse
events/complications.
    (ii) Information on how the device operates and the recommended
device maintenance (i.e., care instructions), including cleaning and
disinfection.
    (iii) Information on the patient population for which there was a
favorable benefit/risk assessment.
    (iv) The potential risks and benefits associated with the use of
the device.

    Dated: May 21, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-13067 Filed 5-29-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Notices]
[Pages 58012-58017]
[FR Doc No: 2023-18188]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98165; File No. 4-698]

Joint Industry Plan; Notice of Filing of Amendment to the
National Market System Plan Governing the Consolidated Audit Trail

August 18, 2023.

I. Introduction

    On August 2, 2023, the Operating Committee for Consolidated Audit
Trail, LLC (``CAT LLC''), on behalf of the following parties to the
National Market System Plan Governing the Consolidated Audit Trail (the
``CAT NMS Plan'' or ``Plan''):\1\ BOX Exchange LLC, Cboe BYX Exchange,
Inc., Cboe BZX Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX
Exchange, Inc., Cboe C2 Exchange, Inc., Cboe Exchange, Inc., Financial
Industry Regulatory Authority, Inc., Investors Exchange LLC, Long-Term
Stock Exchange, Inc., MEMX LLC, Miami International Securities Exchange
LLC, MIAX Emerald, LLC, MIAX PEARL, LLC, Nasdaq BX, Inc., Nasdaq GEMX,
LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, Nasdaq PHLX LLC, The NASDAQ
Stock Market LLC, New York Stock Exchange LLC, NYSE American LLC, NYSE
Arca, Inc., NYSE Chicago, Inc. and NYSE National, Inc. (collectively,
the ``Participants'' or ``SROs'') filed with the Securities and
Exchange Commission (``SEC'' or ``Commission'') pursuant to section
11A(a)(3) of the Securities Exchange Act of 1934 (``Exchange Act''),\2\
and Rule 608 thereunder,\3\ a proposed amendment to the CAT NMS Plan to
modify the current linkage timeline (``Current Linkage Timeline'') for
the consolidated audit trail (``CAT''), as contained in Appendix A,
attached hereto (``Revised Linkage Timeline''). The Commission is
publishing this notice to solicit comments from interested persons on
the amendment.\4\
---------------------------------------------------------------------------

    \1\ The CAT NMS Plan is a national market system plan approved
by the Commission pursuant to section 11A of the Exchange Act and
the rules and regulations thereunder. See Securities Exchange Act
Release No. 79318 (Nov. 15, 2016), 81 FR 84696 (Nov. 23, 2016)
(``Order Approving CAT NMS Plan'').
    \2\ 15 U.S.C 78k-1(a)(3).
    \3\ 17 CFR 242.608.
    \4\ 17 CFR 242.608.
---------------------------------------------------------------------------

II. Description of the Plan

    Set forth in this Section II is the statement of the purpose and
summary of the amendment, along with information required by Rule
608(a)(4) and (5) under the Exchange Act,\5\ as prepared and submitted
by the Participants to the Commission and reproduced below verbatim.\6\
---------------------------------------------------------------------------

    \5\ See 17 CFR 242.608(a)(4) and (a)(5).
    \6\ See supra note 4. Unless otherwise defined herein,
capitalized terms used herein are defined as set forth in the CAT
NMS Plan.
---------------------------------------------------------------------------

A. Description of the Proposed Amendments to the CAT NMS Plan

1. Current Linkage Timeline
    The CAT NMS Plan requires that all CAT Data reported to the Central
Repository must be processed and assembled to create the complete
lifecycle of each Reportable Event.\7\ The Plan Processor uses a daisy
chain approach to link and create the order lifecycles. In the daisy
chain approach, a series of unique order identifiers, assigned to all
order events handled by CAT Reporters, are linked together by the
Central Repository and assigned a single CAT-generated CAT Order ID
that is associated with each individual order event and used to create
the complete lifecycle of an order.\8\ Under the Current Linkage
Timeline, the CAT provides a final CAT Order ID at T+5 at 8 a.m. ET
pursuant to the following timeline:
---------------------------------------------------------------------------

    \7\ Section 3 of Appendix D of the CAT NMS Plan at D-7.
    \8\ Section 3 of Appendix D of the CAT NMS Plan at D-8.

T+1 @8 a.m.: Initial submissions due
T+1 @12 p.m.: Initial data validation, communication of errors to CAT
Reporters; unlinked data available to regulators
T+1 @9 p.m.: Interim CAT Order ID available \9\
---------------------------------------------------------------------------

    \9\ See supra nn.5-6.
---------------------------------------------------------------------------

T+3 @8 a.m.: Resubmission of corrected data

T+4 @8 a.m.: Final lifecycle assembly begins, reprocessing of late
submissions and corrections
T+5 @8 a.m.: Corrected data available to Participant regulatory staff
and the SEC
2. Revised Linkage Timeline
    With the Revised Linkage Timeline, the Participants propose to
clarify that the Plan does not require assignment of interim CAT Order
IDs and to provide a final CAT Order ID by T+3 at 8 a.m. ET, as opposed
to T+5 at 8 a.m. ET. With this proposal, the linkage timeline would be
revised to operate as follows:

T+1 @8 a.m.: Initial submissions due
T+1 @12 p.m.: Initial data validation, communication of errors to CAT
Reporters; unlinked data available to regulators
T+2 @8 a.m.: Final lifecycle assembly begins, reprocessing of late
submissions and corrections submitted prior to T+2 at 8am
T+3 @8 a.m.: Corrected data available to Participant regulatory staff
and the SEC, resubmission of corrected data
Weekend: Late submissions and corrections submitted after T+2 at 8 a.m.
through T+4 at 8 a.m. would be processed over the weekend using the
late-to-lifecycle approach discussed below \10\
---------------------------------------------------------------------------

    \10\ This change would not impact how late submissions and
corrections received outside of the current T+5 processing window
are addressed.

3. Effect of Revised Linkage Timeline on CAT Data Processing and
Availability
    The Revised Linkage Timeline would continue to provide regulators
with timely access to CAT Data. The following compares the processing
and availability of the CAT Data under the Current Linkage Timeline
versus the Revised Linkage Timeline in detail.\11\
---------------------------------------------------------------------------

    \11\ The Revised Linkage Timeline only addresses the processing
timeline for Reportable Events; it does not propose any changes with
regard to the Customer and account information in the CAT.
---------------------------------------------------------------------------

a. No Changes to Submission Deadlines for CAT Reporters
    The Revised Linkage Timeline will not change the reporting
deadlines for CAT Reporters. The deadlines for initial data submissions
and for error corrections will remain the same.
    The CAT NMS Plan requires CAT Reporters to submit the required CAT
Data to the CAT by 8:00 a.m. on T+1. The Revised Linkage Timeline does
not change this reporting deadline. For example, Section 6.3(b)(ii) of
the CAT NMS Plan states that ``[e]ach Participant shall report
Participant Data to the Central Repository by 8:00 a.m. Eastern Time on
the Trading Day following the day the Participant records such
Participant Data.'' Similarly, Section 6.3(b)(ii) of the CAT NMS Plan
states that:

    Consistent with Appendix D, Reporting and Linkage Requirements,
each Participant shall, through its Compliance Rule, require its
Industry Members to report: (A) Recorded Industry Member Data to the
Central Repository by 8:00 a.m. Eastern Time on the Trading Day
following the day the Industry Member records such Recorded Industry
Member Data; and (B) Received Industry Member Data to the Central
Repository by 8:00 a.m. Eastern Time on the Trading Day following
the day the Industry Member receives such Received Industry Member
Data.

    The CAT NMS Plan also requires Participants and Industry Members to
submit corrected Participant Data and Industry Member Data,
respectively, to the Central Repository by 8:00 a.m. Eastern Time on
T+3.\12\ The Revised Linkage Timeline also does not change this
reporting deadline.
---------------------------------------------------------------------------

    \12\ See Section 6.1 of Appendix D of the CAT NMS Plan at D-18.
---------------------------------------------------------------------------

b. Earlier Access to Final CAT Order ID
    Under the Revised Linkage Timeline, regulators would have access to
the Final CAT Order ID and the finalized data set two full days earlier
than under the Current Linkage Timeline. Regulators would have access
to the final CAT Order ID on T+3 at 8 a.m., rather than on T+5 at 8
a.m. Unlike the interim CAT Order ID, the final CAT Order ID includes
the CCID and FDID enrichments (that is, the order and transaction data
has been enriched by the Firm Designated ID \13\ and CCIDs \14\).
---------------------------------------------------------------------------

    \13\ Section 1.1 of the CAT NMS Plan.
    \14\ The CCID (also referred to as the ``CAT Customer-ID'')
means ``with respect to a customer, a code that uniquely and
consistently identifies such customer for purposes of providing data
to the central repository.''
---------------------------------------------------------------------------

    In connection with the earlier provision of the final CAT Order ID,
no interim CAT Order ID would be provided. The interim CAT Order ID
currently is available at T+1 at 9 p.m.\15\ Accordingly, regulators
would have access to the final CAT Order ID 35 hours (or approximately
one day and a half) later than they currently receive the interim CAT
Order ID but, with the accelerated final CAT Order ID, regulators would
have access to the CCID and FDID enrichments as well. As discussed
below, the proposed elimination of the interim CAT Order ID would save
100% of the costs related to the creation of the interim CAT Order ID.
---------------------------------------------------------------------------

    \15\ See supra nn.5-6.
---------------------------------------------------------------------------

c. Reduction in Daily Linkage Processing Volume
    The Revised Linkage Timeline would reduce the daily linkage
processing job from the processing of four days of data volume to two
days of volume. Under the Current Linkage Timeline, in addition to the
processing necessary for creating the interim CAT Order ID by T+1 at 9
a.m., the current linkage processing for the final CAT Order ID covers
data from four days, that is, data from T+1 at 8 a.m. through T+4 at 8
a.m. With the Revised Linkage Timeline, the linkage processing for the
final CAT Order ID covers data from two days, that is, data from T+1 at
8 a.m. through T+2 at 8 a.m. As discussed below, the proposed reduction
in daily linkage processing volume would save approximately 40% in
computational costs related to linkage in comparison to the existing
processes.
d. Efficient Handling of Lates/Repairs
    The Revised Linkage Timeline would streamline the processing for
feedback to CAT Reporters. CAT Reporters currently receive feedback for
any data submission reported prior to 8 a.m. on T+4. With the Revised
Linkage Timeline, CAT Reporters would receive feedback for any data
submitted prior to T+2 at 8 a.m. Accordingly, under the Revised Linkage
Timeline, CAT Reporters would no longer receive feedback on data
reported after T+2 at 8 a.m. through T+4 at 8 a.m., as they do under
the current processing. Without a linkage error generated, the CAT
Reporter would not know they had a linkage error and would attempt no
further corrections. The error not generated under this proposal would
also not be counted in the compliance error rate. For example, if an
Industry Member submits a MEOR on T+2 at noon with an incorrect routed
OrderID, the Industry Member would not receive unlinked feedback and
the error would not be included in the Industry Member's compliance
rate. The record would, however, be included as a late submission in
the compliance rate calculation.
    Limiting feedback to data submitted prior to T+2 at 8 a.m. would
capture 99.75% of all submissions to CAT for a given trade date based
on an analysis of data from a recent six-month period by the Plan
Processor. The significant cost savings realized by this proposal far
outweighs the less than 0.25% of data that would potentially not
generate a linkage error, but would otherwise be fully available in CAT
and subject to late to the lifecycle processing.

    The remaining late events received after T+2 at 8 a.m. through T+4
at 8 a.m. would be processed over the weekend using late-to-lifecycle
processing, which provides substantial efficiency gains over the
current processes. Under this approach, late records may be associated
with more than one CAT Order ID. Specifically, a late record that is a
missing link between disjoined segments of an order lifecycle and is
not associated with a lifecycle in the processing prior to T+3 at 8
a.m. would be associated with both lifecycles and will include the date
of the correction. This means that the entire lifecycle would be
available through the linking of the disjoined segments, each with
their own CAT Order ID. The CAT LLC Operating Committee plans to
consider a Change Order that would enhance the current late-to-
lifecycle process to present data to users in a manner similar to how
it would be presented if the data were submitted on time.
4. Cost Savings of the Revised Linkage Timeline
    CAT LLC estimates that the Revised Linkage Timeline would result in
annual savings of $9.8 million versus the Current Linkage Timeline. The
Revised Linkage Timeline addresses two primary cost drivers, each
responsible for approximately half of the $9.8 million in savings: (1)
the proposed elimination of the interim CAT Order ID would provide 100%
of savings versus the status quo of providing the interim CAT Order ID
by T+1 at 9 p.m.; and (2) reducing the daily linkage processing job
from the processing of four days of volume to two days of volume would
provide approximately 40% of savings versus the status quo.\16\
---------------------------------------------------------------------------

    \16\ CAT LLC notes that the estimated savings do not include
incremental cost of the larger late-to-lifecycle processing or the
build costs associated with the revised processing. CAT LLC does not
anticipate that such costs would be significant.
---------------------------------------------------------------------------

    CAT LLC believes that the substantial savings of approximately $9.8
million annually are readily justified given the minimal impact on
regulatory access to CAT Data.
5. Proposed Revisions to CAT NMS Plan
a. Clarification: No Interim CAT Order ID Available Prior to T+3 at 8
a.m.
    To implement the Revised Linkage Timeline, CAT LLC proposes to
amend the CAT NMS Plan to clarify that there is no requirement to
provide an interim CAT Order ID.\17\ Accordingly, CAT LLC proposes to
remove any references to lifecycle linkages in the data processing
timeline described in the CAT NMS Plan.\18\ Specifically, CAT LLC
proposes to delete the phrase ``lifecycle linkages'' from the following
bullet in Section 6.1 of Appendix D of the CAT NMS Plan: ``Noon Eastern
Time T+1 (transaction date + one day)-Initial data validation,
lifecycle linkages and communication of errors to CAT Reporters.''
Similarly, CAT LLC proposes to delete the phrase ``Life Cycle Linkage''
from the second box in Figure A in Section 6.1 of Appendix D of the CAT
NMS Plan. The box currently states the following: ``12:00 p.m. ET T+1
Initial Validation, Life Cycle Linkage, Communication of Errors.'' With
the change, this box would state ``12:00 p.m. ET T+1 Initial
Validation, Communication of Errors.''
---------------------------------------------------------------------------

    \17\ CAT LLC notes that, at the discretion of the Operating
Committee, the Plan Processor could be directed to provide an
interim CAT Order ID prior to T+3 in the event of a market event.
    \18\ The Commission interprets the phrase ``lifecycle linkages''
to require the assignment of an interim CAT Order ID. See July 2022
Order at 42251 and supra nn.5-6.
---------------------------------------------------------------------------

b. Commencement of Final Lifecycle Assembly
    CAT LLC also proposes to amend the CAT NMS Plan to require CAT LLC
to commence final lifecycle assembly by T+2 at 8 a.m. Accordingly, CAT
LLC proposes to add the following bullet to the data processing
timeline in Section 6.1 of Appendix D of the CAT NMS Plan:

 8:00 a.m. Eastern Time T+2: (transaction date + two days)-
Final lifecycle assembly begins; deadline for late submissions and
corrections to be included in final CAT Order ID

Similarly, CAT LLC proposes to add a new third box to Figure A in
Section 6.1 of Appendix D of the CAT NMS Plan. The box would state the
following: ``Final Lifecycle Assembly Begins; Deadline for Late
Submissions and Corrections to be included in Final CAT Order ID.''
c. Final CAT Order ID Available at T+3 at 8 a.m.
    CAT LLC also proposes to amend the CAT NMS Plan to require CAT LLC
to make the final CAT Order ID available and to make data ready for
regulatory by T+3 at 8 a.m. Specifically, CAT LLC proposes to revise
the following bullet in the data processing timeline in Section 6.1 of
Appendix D of the CAT NMS Plan to indicate that the final lifecycle
identifier must be available by T+3 at 8 a.m.: ``8:00 a.m. Eastern Time
T+3 (transaction date + three days)-Resubmission of corrected data.''
CAT LLC proposes to add the phrase ``and final CAT Order ID available
and data ready for regulators'' to this bullet. Similarly, CAT LLC
proposes to add the phrase ``and Final CAT Order ID Available and Data
Ready for Regulators'' to the third box in Figure A in Section 6.1 of
Appendix D of the CAT NMS Plan. The box currently states the following:
``8:00AM ET T+3 Resubmission of Errors Due.'' With this change, this
box would state ``8:00AM ET T+3 Resubmission of Errors Due and Final
CAT Order ID Available and Data Ready for Regulators.''
    In addition, CAT LLC proposes to amend the CAT NMS Plan to remove
the references to making corrected data available to Participant
regulatory staff and the SEC by T+5 at 8 a.m. As discussed above, data
would be ready for regulators on T+3 at 8 a.m. Specifically, CAT LLC
proposes to delete the following bullet from Section 6.1 of Appendix D
of the CAT NMS Plan: ``8:00 a.m. Eastern Time T+5 (transaction date +
five days)-Corrected data available to Participant regulatory staff and
the SEC.'' In addition, CAT LLC proposes to delete the fifth box in
Figure A in Section 6.1 of Appendix D of the CAT NMS Plan. This box
currently states ``T+5 Data Ready for Regulators.''
    In light of the change from a T+5 conclusion in the Current Linkage
Timeline to the T+3 conclusion in the Revised Linkage Timeline, CAT LLC
proposes to amend Section 6.2 of Appendix D of the CAT NMS Plan to
replace the references to ``T+5'' with references to ``T+3'' in the
following statements:
     ``Between 12:00 p.m. Eastern Time on T+1 and T+5, access
to all iterations of processed data must be available to Participants'
regulatory staff and the SEC.''
     ``If any data remains un-linked after T+5, it must be
available and included with all linked data with an indication that the
data was not linked.''
     ``If corrections are received after T+5, Participants'
regulatory staff and the SEC must be notified and informed as to how
re-processing will be completed.''
    Similarly, for the same reason, CAT LLC proposes to replace the
reference to a ``five-day'' process with a reference to a ``three-day''
process in the following sentence in Section 6.2 of Appendix D of the
CAT NMS Plan: ``The Plan Processor must provide reports and
notifications to Participant regulatory staff and the SEC regularly
during the [five-day] three-day process, indicating the completeness of
the data and errors.''

d. Late to the Lifecycle Processing for Corrections Submitted From T+2
at 8 a.m. through T+4 at 8 a.m.
    CAT LLC proposes to amend the CAT NMS Plan to require late
submission and corrections submitted to the CAT after T+2 at 8 a.m.
through T+4 at 8 a.m. to be processed over the weekend. The weekend
processing would rely on the late-to-lifecycle processing, which
provides substantial efficiency gains over the current processes. CAT
LLC proposes to describe this process by adding the following bullet to
Section 6.1 of Appendix D of the CAT NMS Plan:
     Over Weekend--Late submissions and corrections submitted
after T+2 at 8:00 a.m. ET through T+4 at 8:00 a.m. ET for order events
that occurred within the past 18 months would be processed over the
weekend by 5:00 p.m. ET the next business day. Late to the lifecycle
processing for data older than 18 months would be processed on a
schedule as set forth by the Operating Committee.
    Similarly, CAT LLC proposes to add the following description to the
Figure A in Section 6.1 of the CAT NMS Plan: ``Late submissions and
corrections submitted after T+2 at 8 a.m. ET through T+4 at 8 a.m. ET
for order events that occurred within the past 18 months would be
processed over the weekend by 5 p.m. ET the next business day. Late to
the lifecycle processing for data older than 18 months would be
processed on a schedule as set forth by the Operating Committee.''
    In addition, CAT LLC proposes to revise the CAT NMS Plan to remove
references to the requirement to reprocess error corrections on T+4.
Under the Revised Linkage Timeline, as described above, late
submissions and corrections submitted prior to T+2 at 8 a.m. would be
used to assemble the final CAT Order ID on T+3, and late submissions
and corrections submitted after T+2 at 8 a.m. through T+4 at 8 a.m.
would be processed over the weekend using the late-to-lifecycle
approach. Accordingly, the requirement to reprocess error corrections
on T+4 would be no longer be applicable.

B. Governing or Constituent Documents

    Not applicable.

C. Implementation of Amendment

    The Participants propose to implement the proposal upon approval of
the proposed amendment to the CAT NMS Plan.

D. Development and Implementation Phases

    Not applicable.

E. Analysis of Impact on Competition

    CAT LLC does not believe that the proposed amendment would result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Exchange Act. Indeed, CAT LLC
believes that the proposed amendments will have a positive impact on
competition, efficiency and capital formation. The proposed amendments
will provide substantial savings in CAT costs while providing minimal
impact on the regulatory use of CAT Data. Such substantial savings
would inure to the benefit of all participants in the markets for NMS
Securities and OTC Equity Securities, including Participants, Industry
Members, and most importantly, the investors.

F. Written Understanding or Agreements Relating to Interpretation of,
or Participation in, Plan

    Not applicable.

G. Approval by Plan Sponsors in Accordance With Plan

    Section 12.3 of the CAT NMS Plan states that, subject to certain
exceptions, the CAT NMS Plan may be amended from time to time only by a
written amendment, authorized by the affirmative vote of not less than
two-thirds of all of the Participants, that has been approved by the
SEC pursuant to Rule 608 of Regulation NMS under the Exchange Act or
has otherwise become effective under Rule 608 of Regulation NMS under
the Exchange Act. In addition, the proposed amendment was discussed
during Operating Committee meetings. The Participants, by a vote of the
Operating Committee taken on August 1, 2023, have authorized the filing
of this proposed amendment with the SEC in accordance with the Plan.

H. Description of Operation of Facility Contemplated by the Proposed
Amendment

    Not applicable.

I. Terms and Conditions of Access

    Not applicable.

J. Method of Determination and Imposition, and Amount of, Fees and
Charges

    Not applicable.

K. Method and Frequency of Processor Evaluation

    Not applicable.

L. Dispute Resolution

    Not applicable.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number 4-698 on the subject line.

Paper Comments

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

All submissions should refer to file number 4-698. This file number
should be included on the subject line if email is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's internet website (https://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed amendment that are filed with
the Commission, and all written communications relating to the proposed
amendment between the Commission and any person, other than those that
may be withheld from the public in accordance with the provisions of 5
U.S.C. 552, will be available for website viewing and printing in the
Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of the filing also will be available for inspection and
copying at the Participants' offices. Do not include personal
identifiable information in submissions; you should submit only
information that you wish to make available publicly. We may redact in
part or withhold entirely from publication submitted material that is
obscene or subject to copyright protection. All submissions should
refer to file number 4-698 and should be submitted on or before
September 14, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(85).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.

Appendix A

Proposed Revisions to CAT NMS Plan

    Additions italicized; deletions [bracketed]
* * * * *

6.1 Data Processing

    CAT order events must be processed within established timeframes
to ensure data can be made available to Participants' regulatory
staff and the SEC in a timely manner. The processing timelines start
on the day the order event is received by the Central Repository for
processing. Most events must be reported to the CAT by 8:00 a.m.
Eastern Time the Trading Day after the order event occurred
(referred to as transaction date). The processing timeframes below
are presented in this context. All events submitted after T+1
(either reported late or submitted later because not all of the
information was available) must be processed within these timeframes
based on the date they were received.
    The Participants require the following timeframes (Figure A) for
the identification, communication and correction of errors from the
time an order event is received by the processor:
     Noon Eastern Time T+1 (transaction date + one day) -
Initial data validation[, lifecycle linkages] and communication of
errors to CAT Reporters;
     8:00 a.m. Eastern Time T+2: (transaction date + two
days) - Final lifecycle assembly begins; deadline for late
submissions and corrections to be included in final CAT Order ID
     8:00 a.m. Eastern Time T+3 (transaction date + three
days) - Resubmission of corrected data; and final CAT Order ID
available and data ready for regulators; and
     [8:00 a.m. Eastern Time T+5 (transaction date + five
days) - Corrected data available to Participant regulatory staff and
the SEC.]
     Over Weekend--Late submissions and corrections
submitted after T+2 at 8:00 a.m. ET through T+4 at 8:00 a.m. ET for
order events that occurred within the past 18 months would be
processed over the weekend by 5:00 p.m. ET the next business day.
Late to the lifecycle processing for data older than 18 months would
be processed on a schedule as set forth by the Operating Committee.
    Late submissions or re-submissions (after 8:00 a.m.) may be
considered to be processed that day if it falls within a given time
period after the cutoff. This threshold will be determined by the
Plan Processor and approved by the Operating Committee. In the event
that a significant portion of the data has not been received as
monitored by the Plan Processor, the Plan Processor may decide to
halt processing pending submission of that data.
[GRAPHIC] [TIFF OMITTED] TN24AU23.000

{changes to second box in chart: 12:00 p.m. ET T+1 Initial
Validation, [Life Cycle Linkage,] Communication of Errors{time}

{insert new third box: 8:00AM ET T+2 Final Lifecycle Assembly
Begins; Deadline for Late Submissions and Corrections to be included
in Final CAT Order ID{time}

{changes to third box in chart: 8:00AM ET T+3 Resubmission of Errors
Due and Final CAT Order ID Available and Data Ready for
Regulators{time}

{Delete fourth box in chart: [T+4 Reprocessing of Error
Corrections]{time}

{Delete fifth box in chart: [T+5 Data Ready for Regulators]{time}

Late submissions and corrections submitted after T+2 at 8:00AM ET
through T+4 at 8:00AM ET for order events that occurred within the
past 18 months would be processed over the weekend by 5:00PM ET the
next business day. Late to the lifecycle processing for data older
than 18 months would be processed on a schedule as set forth by the
Operating Committee.

6.2 Data Availability Requirements

    Prior to 12:00 p.m. Eastern Time on T+1, raw unprocessed data
that has been ingested by the Plan Processor must be available to
Participants' regulatory staff and the SEC.
    Between 12:00 p.m. Eastern Time on T+1 and [T+5] T+3, access to
all iterations of processed data must be available to Participants'
regulatory staff and the SEC.
    The Plan Processor must provide reports and notifications to
Participant regulatory staff and the SEC regularly during the [five-
day] three-day process, indicating the completeness of the data and
errors. Notice of major errors or missing data must be reported as
early in the process as possible. If any data remains un-linked
after [T+5] T+3, it must be available and included with all linked
data with an indication that the data was not linked.
    If corrections are received after [T+5] T+3, Participants'
regulatory staff and the SEC must be notified and informed as to how
re-processing will be completed. The Operating Committee will be
involved with decisions on how to re-process the data; however, this
does not relieve the Plan Processor of notifying the Participants'
regulatory staff and the SEC.

[GRAPHIC] [TIFF OMITTED] TN24AU23.001

    CAT PII data must be processed within established timeframes to
ensure data can be made available to Participants' regulatory staff
and the SEC in a timely manner. Industry Members submitting new or
modified Customer information must provide it to the Central
Repository no later than 8:00 a.m. Eastern Time on T+1. The Central
Repository must validate the data and generate error reports no
later than 5:00 p.m. Eastern Time on T+1. The Central Repository
must process the resubmitted data no later than 5:00 p.m. Eastern
Time on T+4. Corrected data must be resubmitted no later than 5:00
p.m. Eastern Time on T+3. The Central Repository must process the
resubmitted data no later than 5:00 p.m. Eastern Time on T+4.
Corrected data must be available to regulators no later than 8:00
a.m. Eastern Time on T+5.
    Customer information that includes PII data must be available to
regulators immediately upon receipt of initial data and corrected
data, pursuant to security policies for retrieving PII.
* * * * *

[FR Doc. 2023-18188 Filed 8-23-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Notices]
[Pages 76190-76191]
[FR Doc No: 2013-29769]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2013-0002-N-24]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), United States Department
of Transportation (USDOT).

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its
implementing regulations, the Federal Railroad Administration (FRA)
hereby announces that it is seeking renewal of the following currently
approved information collection activities. Before submitting these
information collection requirements for clearance by the Office of
Management and Budget (OMB), FRA is soliciting public comment on
specific aspects of the activities identified below.

DATES: Comments must be received no later than February 14, 2014.

ADDRESSES: Submit written comments on any or all of the following
proposed activities by mail to either: Ms. Janet Wylie or Ms. Kimberly
Toone, Office of Information Technology, RAD-20, Federal Railroad
Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC
20590. Commenters requesting FRA acknowledge receipt of their
respective comments must include a self-addressed stamped postcard
stating, ``Comments on OMB control number 2130-0580.'' Alternatively,
comments may be transmitted via facsimile to<PHONE_NUMBER>, or via
email to Ms. Wylie at<EMAIL_ADDRESS>or to Ms. Toone at
<EMAIL_ADDRESS>Please refer to the assigned OMB control number in
any correspondence submitted. FRA will summarize comments received in
response to this notice in a subsequent notice and include them in its
information collection submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Ms. Janet Wylie, Office of Information
and Technology, RAD-20, Federal Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: (202)
493-6353) or Ms. Kimberly Toone, Office of Information Technology, RAD-
20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail
Stop 35, Washington, DC 20590 (telephone:<PHONE_NUMBER>). (These
telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, Sec.  2, 109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR part
1320, require Federal agencies to provide 60-days notice to the public
for comment on information collection activities before seeking
approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A);
5 CFR Sec. Sec.  1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically,
FRA invites interested respondents to comment on the following summary
of proposed information collection activities regarding (i) whether the
information collection activities are necessary for FRA to properly
execute its functions, including whether the activities will have
practical utility; (ii) the accuracy of FRA's estimates of the burden
of the information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (iii) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (iv) ways for FRA to minimize the burden of
information collection activities on the public by automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology (e.g., permitting electronic
submission of responses). See 44 U.S.C. 3506(c)(2)(A)(i)-(iv); 5 CFR
Sec.  1320.8(d)(1)(i)-(iv). FRA believes that soliciting public comment
will promote its efforts to reduce the administrative and paperwork
burdens associated with the collection of information mandated by
Federal regulations. FRA reasons that comments received will advance
three objectives: (i) reduce reporting burdens; (ii) ensure that it
organizes information collection requirements in a ``user friendly''
format to improve the use of such information; and (iii) accurately
assess the resources expended to retrieve and produce information
requested. See 44 U.S.C. 3501.
    Below is a brief summary of currently approved information
collection activities that FRA will submit for clearance by OMB as
required under the PRA:
    Title: Notice of Funding Availability and Solicitations of
Applications for Grants under the Railroad Rehabilitation and Repair
Grant Program.
    OMB Control Number: 2130-0580.
    Abstract: The Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act, 2009 (Pub. L. 110-329; September 30,
2008), established the Railroad Rehabilitation and Repair Program,
making Federal funds available directly to States. This Program allowed
grants to fund up to 80 percent of the cost of rehabilitation and
repairs to Class II and Class III railroad infrastructure damaged by
hurricanes, floods, and other natural disasters in areas that are
located in counties that have been identified in a Disaster Declaration
for Public Assistance by the President under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act of 1974. Funding
was made available on a reimbursement basis for costs incurred after a
major disaster declaration that was made between January 1, 2008 and
the date of the publication of the notice of funding availability in
the counties covered by such a declaration. Rehabilitation and repairs
include rights-of-way, bridges, signals, and other infrastructure which
is part of the general railroad system of transportation and primarily
used by railroads to move freight traffic.
    FRA recently revised this Information Collection Request (ICR) to
allow for the

submission of additional grants under this program based on the Notice
of Funding Availability published by FRA on 10/13/2013 and the
emergency clearance request approved by OMB on 11/05/2013. Any grants
submitted as part of this previous ICR were due by December 9, 2013.
Therefore, this revision no longer includes any burden hours for the
application process, as no new applications are being accepted at this
time.
    Due to the nature of these disaster assistance funds, current
economic conditions, and the various States need for immediate
assistance to vital freight transportation pathways and the important
role these sectors of transportation play in the overall national
economy, FRA is requesting OMB to extend this ICR in order to manage
the current grants obligated under this program until the remaining
grants have properly closed-out and are completed.
    Form Number(s): SF-425, SF-271, SF-270.
    Affected Public: Railroads, Businesses, States/Local governments.
    Reporting Burden: Close-out Procedures.
    Respondent Universe: 49.
    Total Annual Responses: 6.
    Average time per response: 84.
    Total Annual Burden Hours: 504.
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b),
1320.8(b)(3)(vi), FRA informs all interested parties that it may not
conduct or sponsor, and a respondent is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC, on December 3, 2013.
Rebecca Pennington,
Chief Financial Officer.
[FR Doc. 2013-29769 Filed 12-13-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Rules and Regulations]
[Pages 42647-42649]
[FR Doc No: 2014-15551]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0226; Directorate Identifier 2014-CE-009-AD;
Amendment 39-17884; AD 2014-13-08]
RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2013-24-14 for
Diamond Aircraft Industries GmbH Models DA40 and DA40F airplanes. This
AD results from mandatory continuing airworthiness information (MCAI)
issued 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 the fatigue strength found in the aft main spar
not ensuring unlimited lifetime structural integrity. We are issuing
this AD to require actions to address the unsafe condition on these
products.

DATES: This AD is effective August 27, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of August 27,
2014.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of January
7, 2014 (78 FR 72568; December 3, 2013).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0226; or in person at the Docket Management Facility, U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
    For service information identified in this AD, contact Diamond
Aircraft Industries GmbH, N.A. Otto-Str.5, A-2700 Wiener Neustadt,
Austria; telephone: +43 2622 26700; fax: +43 2622 26780; email:
<EMAIL_ADDRESS>Internet: http://www.diamondaircraft.com/contact/technical.php. You may view this referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to add an AD that would apply to Diamond Aircraft Industries
GmbH Model DA 40 airplanes. That NPRM was published in the Federal
Register on April 14, 2014 (79 FR 20827), and proposed to supersede AD
2013-24-14, Amendment 39-17689 (78 FR 72568; December 3, 2013) (``AD
2013-24-14'').
    Since we issued AD 2013-24-14, the inspections required by AD 2013-
24-14 are tied to calendar time and the major structural inspection
(MSI) identified in Chapter 5 of the airplane maintenance manual (AMM).
This compliance time mirrors the mandatory continuing airworthiness
information (MCAI) issued by the State of Design for these products.
However, U.S. operators are not required to comply with the requirement
to inspect before the next MSI since the Limitations in Chapter 4 of
the AMM are mandatory, and the MSI in Chapter 5 of the AMM is not
mandatory.
    The NPRM proposed to correct an unsafe condition for the specified
products and was based on MCAI originated by an aviation authority of
another country. The MCAI states that:

    Structural fatigue testing of the DA 40 aeroplane carried out
for an extension of the Major Structural Inspection (MSI) interval
has shown that the fatigue strength of the aft main spar in the
cabin area does not ensure unlimited lifetime.
    This condition, if not corrected, could adversely affect the
structural integrity of the aeroplane.
    Diamond Aircraft Industries (DAI) issued Mandatory Service
Bulletin (MSB) 40-074/MSB D4-094/MSB F4-028, including Work
Instruction (WI) WI-MSB 40-074/WI-MSB D4-094/WI-MSB F4-028
(published as a single document), providing instructions to
reinforce the aft main spar in the cabin area.
    For the reasons described above, this AD requires modification
of the aft main spar in the cabin area.

The MCAI can be found in the AD docket on the Internet at: http://www.regulations.gov/#!documentDetail;D=FAA-2014-0226-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 20827, April 14,
2014) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 20827, April 14, 2014) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 20827, April 14, 2014).

Costs of Compliance

    We estimate that this AD will affect 747 products of U.S. registry.
We also estimate that it will take about 6 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 $100 per product.
    Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $455,670, or $610 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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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-2014-
0226; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains the NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket 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

    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 removing Amendment 39-17689 (78 FR
72568; December 3, 2013) and adding the following new AD:

2014-13-08 Diamond Aircraft Industries GmbH: Amendment 39-17884;
Docket No. FAA-2014-0226; Directorate Identifier 2014-CE-009-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 27,
2014.

(b) Affected ADs

    This AD supersedes AD 2013-24-14, Amendment 39-17689 (78 FR
72568; December 3, 2013).

(c) Applicability

    This AD applies to Diamond Aircraft Industries Model DA 40
airplanes, serial numbers 40.006 through 40.009, 40.011 through
40.1071, and 40.1073 through 40.1077; and Model DA 40 F airplanes,
serial numbers 40.FC001 through 40.FC029; certificated in any
category.

(d) Subject

    Air Transport Association of America (ATA) Code 57: Wings.

(e) Reason

    This AD was prompted by 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 the fatigue
strength found in the aft main spar not ensuring unlimited lifetime
structural integrity. We are issuing this AD to correct an incorrect
compliance time and to modify the aft main spar in the cabin area to
ensure the structural integrity of the airplane.

(f) Actions and Compliance

    Comply with this AD within the compliance times specified in
paragraphs (f)(1) through (f)(4) of this AD, unless already done.
    (1) For airplanes with less than 1,500 hours time-in-service
(TIS): At or before 2,000 hours TIS after August 27, 2014 (the
effective date of this AD) or within the next 114 months after
August 27, 2014 (the effective date of this AD), whichever occurs
first, modify the aft main spar in the cabin area following the
INSTRUCTIONS section of Diamond Aircraft Industries GmbH Work
Instructions WI-MSB 40-074, WI-MSB D4-094, and WI-MSB F4-028 (co-
published as a single document), dated May 10, 2013, as specified in
Diamond Aircraft Industries GmbH Mandatory Service Bulletins (MSB)
40-074, D4-094, and F4-028 (co-published as a single document),
dated May 10, 2013.
    (2) For airplanes with 1,500 hours or more than 1,500 hours TIS
but less than 2,000 hours TIS: At or before 500 hours TIS after
August 27, 2014 (the effective date of this AD) or within the next
114 months after August 27, 2014 (the effective date of this AD),
whichever occurs first, modify the aft main spar in the cabin area
following the INSTRUCTIONS section of Diamond Aircraft Industries
GmbH Work Instructions WI-MSB 40-074, WI-MSB D4-094, and WI-MSB F4-
028 (co-published as a single document), dated May 10, 2013, as
specified in Diamond Aircraft Industries GmbH Mandatory Service
Bulletins (MSB) 40-074, D4-094, and F4-028 (co-published as a single
document), dated May 10, 2013.
    (3) For airplanes with 2,000 hours or more than 2,000 hours TIS
but less than 2,500 hours TIS: At or before 500 hours TIS after
August 27, 2014 (the effective date of this AD) or within the next
48 months after August 27, 2014 (the effective date of this AD),
whichever occurs first, modify the aft main spar in the cabin area
following the INSTRUCTIONS section of Diamond Aircraft Industries
GmbH Work Instructions WI-MSB 40-074, WI-MSB D4-094, and WI-MSB F4-
028 (co-published as a single document), dated May 10, 2013, as
specified in Diamond Aircraft Industries GmbH Mandatory Service
Bulletins (MSB) 40-074, D4-094, and F4-028 (co-published as a single
document), dated May 10, 2013.
    (4) For airplanes with 2,500 hours or more than 2,500 hours TIS:
Within the next 100 hours TIS after August 27, 2014 (the effective
date of this AD) or within the next 12 months after August 27, 2014
(the effective date of this AD), whichever occurs first, visually
inspect the aft spar center section following page 11, Inspection
Item 31 in Section 05-28-50, Maintenance Checklist Airframe, of
Chapter 5, Time Limits and Maintenance Checks, in DIAMOND AIRCRAFT
INDUSTRIES DA 40 SERIES AIRPLANE MAINTENANCE MANUAL (AMM), Revision
7, dated April 1, 2013. If any damage is found during this
inspection, before further flight, do all necessary corrective
actions.
    (i) After doing the inspection required by paragraph (f)(4) of
this AD including any applicable corrective actions, at or before
500 hours TIS after August 27, 2014 (the effective date of this AD)
or within the next 48 months after August 27, 2014 (the effective
date of this AD), whichever occurs first, modify the aft main spar
in the cabin area following the INSTRUCTIONS section of Diamond
Aircraft Industries GmbH Work Instructions WI-MSB 40-074, WI-MSB D4-
094, and WI-MSB F4-028 (co-published as a single document), dated
May 10, 2013, as specified in Diamond Aircraft Industries GmbH
Mandatory Service Bulletins (MSB) 40-074, D4-094, and F4-028 (co-
published as a single document), dated May 10, 2013.
    (ii) The modification required in paragraph (f)(4)(i) of this AD
may be done instead of the inspection required by paragraph (f)(4)
of this AD provided it is done within the next 100 hours TIS after
August 27, 2014 (the effective date of this AD) or within the next
12 months after August 27, 2014 (the effective date of this AD),
whichever occurs first.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Mike Kiesov, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any airplane
to which the AMOC applies, notify your appropriate principal
inspector (PI) in the FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
    (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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2013-0145, dated July 15, 2013, for related information. The MCAI
can be found in the AD docket on the Internet at: http://www.regulations.gov/#!documentDetail;D=FAA-2014-0226-0002.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
August 27, 2014.
    (i) Page 11, Inspection Item 31 in Section 05-28-50, Maintenance
Checklist Airframe, of Chapter 5, Time Limits and Maintenance
Checks, in DIAMOND AIRCRAFT INDUSTRIES DA 40 SERIES AIRPLANE
MAINTENANCE MANUAL (AMM), Revision 7, dated April 1, 2013.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
January 7, 2014 (78 FR 72568; December 3, 2013).
    (i) Diamond Aircraft Industries GmbH Mandatory Service Bulletin
40-074, dated May 10, 2013.
    (ii) Diamond Aircraft Industries GmbH Mandatory Service Bulletin
D4-094, dated May 10, 2013.
    (iii) Diamond Aircraft Industries GmbH Mandatory Service
Bulletin F4-028, dated May 10, 2013.

     Note 1 to paragraphs (i)(4)(i) through (i)(4)(iii) of this AD:
Diamond Aircraft Industries GmbH Mandatory Service Bulletin 40-074,
dated May 10, 2013; Diamond Aircraft Industries GmbH Mandatory
Service Bulletin D4-094, dated May 10, 2013; Diamond Aircraft
Industries GmbH Mandatory Service Bulletin F4-028, dated May 10,
2013; are co-published as one document.

    (iv) Diamond Aircraft Industries GmbH Work Instruction WI-MSB
40-074, dated May 10, 2013.
    (v) Diamond Aircraft Industries GmbH Work Instruction WI-MSB D4-
094, dated May 10, 2013.
    (vi) Diamond Aircraft Industries GmbH Work Instruction WI-MSB
F4-028, dated May 10, 2013.

    Note 2 to paragraphs (i)(4)(iv) through (i)(4)(vi) of this AD:
Diamond Aircraft Industries GmbH Work Instruction WI-MSB 40-074;
Diamond Aircraft Industries GmbH Work Instruction WI-MSB F4-028;
dated May 10, 2013; and Diamond Aircraft Industries GmbH Work
Instruction WI-MSB F4-028 dated May 10, 2013; are co-published as
one document.

    (5) For Diamond Aircraft Industries GmbH service information
identified in this AD, contact Diamond Aircraft Industries GmbH,
N.A. Otto-Str.5, A-2700 Wiener Neustadt, Austria; telephone: +43
2622 26700; fax: +43 2622 26780; email<EMAIL_ADDRESS>
Internet: http://www.diamondaircraft.com/contact/technical.php.
    (6) You may view this service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on June 24, 2014.
Timothy Smyth,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-15551 Filed 7-22-14; 8:45 am]
BILLING CODE 4910-13-P