[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Notices]
[Pages 15786-15787]
[FR Doc No: 2017-06271]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0353]

Qualification of Drivers; Exemption Applications; Implantable
Cardioverter Defibrillators

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of denials of exemption applications.

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

SUMMARY: FMCSA announces its decision to deny applications from three
individuals seeking exemptions from the Federal cardiovascular standard
applicable to interstate truck and bus drivers and discusses the
reasons for the denials. The Agency reviewed the medical information of
each the individuals who applied for an implantable cardioverter
defibrillator (ICD) exemption. Based on a review of the applications
and following an opportunity for public comment, FMCSA has concluded
that the three individuals in the notice did not demonstrate they could
achieve a level of safety that is equivalent to, or greater than, the
level of safety that would be obtained by complying with the
regulation.

DATES: Denial letters were sent to each of the individuals listed in
this notice on December 7, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief Medical
Programs Division,<PHONE_NUMBER>, U.S. Department of Transportation,
FMCSA, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-
0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for up to five years
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' FMCSA can renew exemptions for up to an
additional five years at the end of each five-year period.\1\
---------------------------------------------------------------------------

    \1\ 49 U.S.C. 81315(b), as amend by section 5206(a) of the FAST
ACT, Public Law 114-94, div. A, title V, 129 Stat.1537 (Dec. 4,
2015).
---------------------------------------------------------------------------

    On October 20, 2016, FMCSA published for public notice and comment
FMCSA 2016-0353, listing three individuals seeking exemptions for ICDs.
Accordingly, the Agency has evaluated each applicant's request to
determine whether granting an exemption will achieve the required level
of safety mandated by statute.

Evaluation Criteria--Cardiovascular Medical Standard and Advisory
Criteria

    The individuals included in this notice have requested an exemption
from the provisions of 49 CFR 391.41(b)(4), which applies to drivers
who operate commercial motor vehicles (CMV) in interstate commerce, as
defined in 49 CFR 390.5. Section 391.41(b)(4) states that:

    A person is physically qualified to drive a commercial motor
vehicle if--
* * * * *
that person has no current clinical diagnosis of myocardial
infarction, angina pectoris, coronary insufficiency, thrombosis, or
any other cardiovascular disease of a variety known to be
accompanied by syncope [a temporary loss of consciousness due to a
sudden decline in blood flow to the brain], dyspnea [shortness of
breath], collapse, or congestive cardiac failure.

    The FMCSA provides medical advisory criteria as recommendations for
use by medical examiners in determining whether drivers with certain
medical conditions and drivers who have undergone certain procedures
and/or treatments should be certified to operate CMVs in interstate
commerce in accordance with the various physical qualification
standards in 49 CFR part 391, subpart E. The advisory criteria are
currently set out in Appendix A to 49 CFR part 391. The advisory
criteria for section 391.41(b)(4) provide, in part, that:

    The term ``has no current clinical diagnosis of'' is
specifically designed to encompass: ``a clinical diagnosis of'' (1)
a current cardiovascular condition, or (2) a cardiovascular
condition which has not fully stabilized regardless of the time
limit. The term ``known to be accompanied by'' is designed to
include a clinical diagnosis of a cardiovascular disease (1) which
is accompanied by symptoms of syncope, dyspnea, collapse or
congestive cardiac failure; and/or (2) which is likely to cause
syncope, dyspnea, collapse, or congestive cardiac failure.
    It is the intent of the Federal Motor Carrier Safety Regulations
to render unqualified, a driver who has a current cardiovascular

disease which is accompanied by and/or likely to cause symptoms of
syncope, dyspnea, collapse, or congestive cardiac failure. However,
the subjective decision of whether the nature and severity of an
individual's condition will likely cause symptoms of cardiovascular
insufficiency is on an individual basis and qualification rests with
the medical examiner and the motor carrier.

    In the case of persons with ICDs, the underlying condition for
which the ICD was implanted places the individual at high risk for
syncope (a transient loss of consciousness) or other unpredictable
events known to result in gradual or sudden incapacitation. ICDs may
discharge, which could result in loss of ability to safely control a
CMV. See the Evidence Report on ``Cardiovascular Disease and Commercial
Motor Vehicle Driver Safety,'' April 2007.\2\ A focused research report
entitled ``Implantable Cardioverter Defibrillators and the Impact of a
Shock on a Patient When Deployed,'' completed for the FMCSA in December
2014, indicates that the available scientific data on persons with ICDs
and CMV driving does not support that persons with ICDs who operate
CMVs are able to meet an equal or greater level of safety and upholds
the findings of the April 2007 report. Copies of the April 2007 report
and the December 2014 report are included in the docket for this
notice.
---------------------------------------------------------------------------

    \2\ Now available at http://ntl.bts.gov/lib/30000/30100/30123/Final_CVD_Evidence_Report_v2.pdf.
---------------------------------------------------------------------------

Discussion of Public Comments

    On October 20, 2016, FMCSA published in a Federal Register Notice
the names of three individuals seeking ICD exemption and requested
public comment. The public comment period closed on November 21, 2016.
One comment was received that was out of scope for this notice.

Conclusion

    FMCSA evaluated the three individual exemption requests on their
merits, available data from Evidence Reports and Medical Expert Panel
opinions on the impact of ICDs on CMV driving, and the public comments
received. The Agency has determined that the available medical
literature and data does not support a conclusion that granting these
exemptions would achieve a level of safety equivalent to or greater
than the level of safety maintained without the exemptions. Each
applicant has, prior to this notice, received a letter of final
disposition on his/her exemption request. Those decision letters fully
outlined the basis for the denial and constitute final Agency action.
The list published today summarizes the Agency's recent denials as
required under 49 U.S.C. 31315(b)(4).
    The following three applicants are denied exemptions from the
cardiovascular standard:

Gary Francher
Henry McGuire
Matthew Wilson

    Issued on: March 23, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-06271 Filed 3-29-17; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: October 11, 2005 (Volume 70, Number 195)]
[Notices]
[Page 59107-59109]
[DOCID:fr11oc05-79]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52547; File No. SR-NASD-2005-110]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Revisions to the Series 6 Examination Program

September 30, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 13, 2005, the National Association of Securities Dealers,
Inc. (``NASD'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by NASD.
NASD has designated the proposed rule change as constituting a stated
policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule of the self-
regulatory organization pursuant to Section 19(b)(3)(A)(i) of the Act
\3\ and Rule 19b-4(f)(1) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    NASD is filing revisions to the study outline and selection
specifications for the Limited Representative--Investment Company and
Variable Contracts Products (Series 6) examination program.\5\ The
proposed revisions update the material to reflect changes to the laws,
rules, and regulations covered by the examination, as well as modify
the content of the examination program to track more closely the
functional workflow of a Series 6 limited representative. NASD is not
proposing any textual changes to the By-Laws, Schedules to the By-Laws,
or Rules of NASD.
---------------------------------------------------------------------------

    \5\ NASD also is proposing corresponding revisions to the Series
6 question bank, but based upon instruction from the Commission
staff, NASD is submitting SR-NASD-2005-110 for immediate
effectiveness pursuant to Section 19(b)(3)(A)(i) of the Act and Rule
19b-4(f)(1) thereunder, and is not filing the question bank for
Commission review. See letter to Alden S. Adkins, Senior Vice
President and General Counsel, NASD Regulation, from Belinda Blaine,
Associate Director, Division of Market Regulation (``Division''),
Commission, dated July 24, 2000. The question bank is available for
Commission review.
---------------------------------------------------------------------------

    The revised study outline is available on NASD's Web site (http://www.nasd.com
), at NASD, and at the Commission.\6\ However, NASD has

omitted the Series 6 selection specifications from this filing and has
submitted the specifications under separate cover to the Commission
with a request for confidential treatment pursuant to Rule 24b-2 under
the Act.\7\
---------------------------------------------------------------------------

    \6\ Telephone conversation between Mia Zur, Attorney, Jan Woo,
Attorney, Division, Commission, and Afshin Atabaki, Counsel, NASD,
dated September 23, 2005.
    \7\ 17 CFR 240.24b-2.

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

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

    In its filing with the Commission, NASD 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. NASD has prepared summaries, set forth in Sections A, B,
and C below, of the most significant aspects of such statements.

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

1. Purpose
    Pursuant to Section 15A(g)(3) of the Act,\8\ which requires NASD to
prescribe standards of training, experience, and competence for persons
associated with NASD members, NASD has developed examinations, and
administers examinations developed by other self-regulatory
organizations, that are designed to establish that persons associated
with NASD members have attained specified levels of competence and
knowledge. NASD periodically reviews the content of the examinations to
determine whether revisions are necessary or appropriate in view of
changes pertaining to the subject matter covered by the examinations.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78o-3(g)(3).
---------------------------------------------------------------------------

    The Series 6 examination qualifies persons seeking registration
with NASD as investment company and variable contracts products limited
representatives. NASD Rule 1032(b) \9\ states that registered
representatives in this limited category are permitted solely to engage
in transactions involving redeemable securities of companies registered
under the Investment Company Act of 1940 (``Investment Company Act''),
securities of closed-end companies registered under the Investment
Company Act during the period of original distribution only, and
variable contracts and insurance premium funding programs and other
contracts issued by an insurance company except contracts that are
exempt securities pursuant to Section 3(a)(8) of the Securities Act of
1933.\10\
---------------------------------------------------------------------------

    \9\ Telephone conversation between Katherine England, Assistant
Director, Mia Zur, Attorney, Jan Woo, Attorney, Division,
Commission, and Afshin Atabaki, Counsel, NASD, dated September 23,
2005.
    \10\ 15 U.S.C. 77c(a)(8).
---------------------------------------------------------------------------

    A committee of industry representatives, together with NASD staff,
recently undertook a review of the Series 6 examination program. As a
result of this review, NASD is proposing to update the study outline to
cover Regulation S-P,\11\ anti-money laundering rules, municipal fund
securities (e.g., 529 college savings plans), Regulation D,\12\ and
exchange-traded funds. In addition, as part of an ongoing effort to
align the examination more closely to the functions of a Series 6
limited representative, NASD is proposing to modify the content of the
study outline to track the functional workflow of a Series 6
representative. NASD also is proposing to increase the number of
sections covered by the Series 6 outline from four to six. Finally,
NASD is proposing to modify the section headings and the number of
questions on each section of the outline as follows: Section 1,
Securities Markets, Investment Securities, and Economic Factors, 8
questions; Section 2, Securities and Tax Regulations, 23 questions;
Section 3, Marketing, Prospecting, and Sales Presentations, 18
questions; Section 4, Evaluation of Customers, 13 questions; Section 5,
Product Information: Investment Company Securities and Variable
Contracts, 26 questions; and Section 6, Opening and Servicing Customer
Accounts, 12 questions.
---------------------------------------------------------------------------

    \11\ 17 CFR 248.1-18; 17 CFR 248.30; and 17 CFR 248, Appendix A.
    \12\ 17 CFR 230.501-230.508.
---------------------------------------------------------------------------

    NASD is proposing these changes to the entire content of the Series
6 examination, including the selection specifications and question
bank. The number of questions on the Series 6 examination will remain
at 100, and candidates will continue to have 2 hours and 15 minutes to
complete the exam. Also, each question will continue to count as one
point, and each candidate must correctly answer 70 percent of the
questions to receive a passing grade.
2. Statutory Basis
    NASD believes that the proposed revisions to the Series 6
examination program are consistent with the provisions of Sections
15A(b)(6) \13\ and 15A(g)(3) of the Act,\14\ which authorize NASD to
prescribe standards of training, experience, and competence for persons
associated with NASD members.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78o-3(b)(6).
    \14\ 15 U.S.C. 78o-3(g)(3).
---------------------------------------------------------------------------

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

    NASD 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.

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

    Written comments were neither solicited nor received.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A)(i) of the Act \15\ and Rule 19b-4(f)(1) thereunder,\16\ in
that the proposed rule change constitutes a stated policy, practice, or
interpretation with respect to the meaning, administration, or
enforcement of an existing rule of the self-regulatory organization.
NASD proposes to implement the revised Series 6 examination program no
later than November 30, 2005. NASD will announce the implementation
date in a Notice to Members to be published no later than 60 days after
Notice of this filing.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(i).
    \16\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASD-2005-110 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-NASD-2005-110. This
file

number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the NASD. 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-NASD-2005-110 and should be submitted on or before
November 1, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Jonathan G. Katz,
Secretary.
[FR Doc. E5-5561 Filed 10-7-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Rules and Regulations]
[Pages 24207-24210]
[FR Doc No: 2015-09811]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0589; Directorate Identifier 2014-NM-069-AD;
Amendment 39-18148; AD 2015-09-03]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A318-111 and -112 airplanes and Model A319, A320, and A321
series airplanes. This AD was prompted by reports of cracks on the
forward corner fittings of engine pylon aft secondary structures. This
AD requires repetitive inspections of certain forward corner fittings
of the pylon aft secondary structures, and corrective actions if
necessary. This AD also provides optional terminating action for the
repetitive inspections. We are issuing this AD to detect and correct
detachment of the lower fairing attachment and/or loss of the aft fixed
fairing with the movable fairing from the airplane in flight, which
could result in damage to the airplane.

DATES: This AD becomes effective June 4, 2015.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 4, 2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0589 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.
    For service information identified in this AD, contact Airbus,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0589.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Airbus Model A318-
111 and -112 airplanes and Model A319, A320, and A321 series airplanes.
The NPRM published in the Federal Register on September 3, 2014 (79 FR
52267). The NPRM was prompted by reports of cracks on the forward
corner fittings of engine pylon aft secondary structures. The NPRM
proposed to require repetitive inspections of certain forward corner
fittings of the pylon aft secondary structures, and corrective actions
if necessary. The NPRM also proposed to provide optional terminating
action for the repetitive inspections. We are issuing this AD to detect
and correct detachment of the lower fairing attachment and/or loss of
the aft fixed fairing with the movable fairing from the airplane in
flight, which could result in damage to the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2014-0064, dated March 14, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition. The MCAI states:

    Several operators of A320 family aeroplanes have reported
finding cracks on the forward corner fittings of engine pylon aft
secondary structures, on the lateral face (lateral panel side). In
some cases, these cracks had propagated onto the forward face (Rib
11 side). Investigation results have highlighted that these cracks
are initiated by stress corrosion.
    This condition, if not detected and corrected, could lead to
loss (i.e. detachment from the aeroplane) of the lower fairing
attachment at Rib 10, and/or loss of the aft fixed fairing with the
movable fairing, possibly resulting in * * * [damage to the
airplane].
    For the reasons described above, this [EASA] AD requires
repetitive detailed inspections (DI) of the right hand (RH) Part
Number (P/N) D54530014201 and left hand (LH) P/N D54530014200 corner
fittings of engine pylon aft secondary structures (pre-mod 38067 or
pre-Airbus Service Bulletin (SB) A320-54-1019) to detect cracks or
deformation in the splicing area with corner fitting between Ribs
11-12 and, depending on findings, replacement of the corner
fittings.
    This [EASA] AD also recognizes that replacement of the corner
fittings with improved parts (as per Airbus SB A320-54-1019)
constitutes a terminating action for the repetitive DI required by
this [EASA] AD.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0589-0003.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (79
FR 52267, September 3, 2014) and the FAA's response to each comment.

Requests to Reference Revised Service Bulletins

    United Airlines and US Airways requested that we revise the NPRM
(79 FR 52267, September 3, 2014) to reference Airbus Service Bulletin
A320-54-1019, Revision 02, dated April 15, 2014, in lieu of Airbus
Service Bulletin A320-54-1019, Revision 01, dated April 10, 2008.
United Airlines also requested that we revise the NPRM to reference
Airbus Service Bulletin A320-54-1022, Revision 03, dated April 15,
2014, in lieu of Airbus Service Bulletin A320-54-1022, Revision 02,
dated July 12, 2013.
    We agree with the commenters' requests to reference revised service
bulletins. Airbus Service Bulletin A320-54-1019, Revision 02, dated
April 15, 2014, improves the test procedures, and Airbus Service
Bulletin A320-54-1022, Revision 03, dated April 15, 2014, specifies
that certain actions in the Accomplishment Instructions are

required for compliance (RC). Both service bulletins state that no
additional work is required for airplanes modified by any previous
issue. We have revised paragraphs (g) and (h) of this AD to reference
Airbus Service Bulletin A320-54-1022, Revision 03, dated April 15,
2014, and paragraphs (h)(2) and (i) of this AD to reference Airbus
Service Bulletin A320-54-1019, Revision 02, dated April 15, 2014, as
the appropriate sources of service information for accomplishing the
required actions.
    We have redesignated paragraph (l) of the NPRM (79 FR 52267,
September 3, 2014) as paragraph (l)(1) of this AD and revised it to
give credit for actions required by paragraphs (g) and (h) of this AD,
if those actions were performed before the effective date of this AD
using Airbus Service Bulletin A320-54-1022, Revision 02, dated July 12,
2013. We have added new paragraph (l)(2) to this AD to give credit for
actions required by paragraph (i) of this AD, if those actions were
performed before the effective date of this AD using Airbus Service
Bulletin A320-54-1019, Revision 01, dated April 10, 2008.
    Airbus Service Bulletin A320-54-1022, Revision 03, dated April 15,
2014, steps that are identified as RC must be done to comply with the
AD. However, steps that are not identified as RC are recommended. We
have added an explanation of RC steps in the preamble of this AD. We
have also added new paragraph (m)(3) to this AD to specify compliance
with RC steps.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 52267, September 3, 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 52267, September 3, 2014).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Explanation of ``RC'' Steps in Service Information

    The FAA worked in conjunction with industry, under the
Airworthiness Directives Implementation Aviation Rulemaking Committee
(ARC), to enhance the AD system. One enhancement was a new process for
annotating which procedures and tests in the service information are
required for compliance with an AD. Differentiating these procedures
and tests from other tasks in the service information is expected to
improve an owner's/operator's understanding of crucial AD requirements
and help provide consistent judgment in AD compliance. The procedures
and tests identified as RC (required for compliance) in any service
information have a direct effect on detecting, preventing, resolving,
or eliminating an identified unsafe condition.
    Procedures and tests that are identified as RC in any service
information must be done to comply with the AD. However, procedures and
tests that are not identified as RC are recommended. Those procedures
and tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an alternative method
of compliance (AMOC), provided the procedures and tests identified as
RC can be done and the airplane can be put back in a serviceable
condition. Any substitutions or changes to procedures or tests
identified as RC will require approval of an AMOC.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Service Bulletin A320-54-1022, Revision 03,
dated April 15, 2014. This service information describes procedures for
inspections of forward corner fittings of the engine pylon aft
secondary structures, and corrective actions.
    We also reviewed Airbus Service Bulletin A320-54-1019, Revision 02,
dated April 15, 2014. This service information describes procedures for
replacement of the corner fittings on the engine pylons.
    This service information is reasonably available at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0589. Or see ADDRESSES for other ways to access this service
information.

Costs of Compliance

    We estimate that this AD affects 851 airplanes of U.S. registry.
    We also estimate that it would take about 30 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD on U.S. operators to be $2,170,050, or $2,550 per product.
    In addition, we estimate the optional terminating modification
would take about 60 work-hours and require parts costing about $932 per
product, for a cost of $6,032 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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 that 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/#!docketDetail;D=FAA-2014-0589; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2015-09-03 Airbus: Amendment 39-18148. Docket No. FAA-2014-0589;
Directorate Identifier 2014-NM-069-AD.

(a) Effective Date

    This AD becomes effective June 4, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category,
except for airplanes on which Airbus Modification 33844 or
Modification 33847, as applicable, has been embodied in production.
    (1) Airbus Model A318-111 and -112 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes.
    (3) Airbus Model A320-211, -212, -214, -231, -232, and -233
airplanes.
    (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.

(e) Reason

    This AD was prompted by reports of cracks on the forward corner
fittings of engine pylon aft secondary structures. We are issuing
this AD to detect and correct detachment of the lower fairing
attachment and/or loss of the aft fixed fairing with the movable
fairing from the airplane in flight, which could result in damage to
the airplane.

(f) Compliance

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

(g) Repetitive Inspections

    At the latest of the times specified in paragraphs (g)(1),
(g)(2), and (g)(3) of this AD: Do a detailed inspection for cracking
of forward corner fittings having part number (P/N) D54530014201
(right-hand (RH)) and P/N D54530014200 (left-hand (LH)) of the pylon
aft secondary structures, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-54-1022, Revision 03,
dated April 15, 2014, except as provided by paragraph (j) of this
AD. Repeat the inspection thereafter at intervals not to exceed
15,000 flight cycles or 22,500 flight hours, whichever occurs first.
Accomplishment of the actions specified in paragraph (i) of this AD
terminates the actions required by this paragraph.
    (1) Within 15,000 flight cycles or 22,500 flight hours,
whichever occurs first since first flight of the airplane.
    (2) Within 5,000 flight cycles or 7,500 flight hours after the
effective date of this AD, without exceeding 40,750 flight cycles or
60,750 flight hours, whichever occurs first since first flight of
the airplane.
    (3) Within 750 flight cycles or 750 flight hours, whichever
occurs first after the effective date of this AD.

(h) Related Investigative and Corrective Actions

    If any crack is found on the corner fittings of a pylon during
any inspection required by paragraph (g) of this AD: Before further
flight, do a detailed inspection for cracking of the lower and
medium spars, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-54-1022, Revision 03, dated April 15,
2014.
    (1) If any damage is found: Before further flight, repair using
a method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the European Aviation Safety
Agency (EASA); or Airbus's EASA Design Organization Approval (DOA).
    (2) If no damage is found: Within 5,000 flight cycles or 7,500
flight hours, whichever occurs first after the detailed inspection
specified in the introductory text to paragraph (h) of this AD,
modify the airplane, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-54-1019, Revision 02,
dated April 15, 2014.

(i) Optional Terminating Action

    Modification of an airplane by installation of corner fittings
having P/N D0041092120000 (RH) and P/N D0041092120100 (LH) on both
pylons, in accordance with the Accomplishment Instructions of Airbus
Service Bulletin A320-54-1019, Revision 02, dated April 15, 2014,
constitutes terminating action for the repetitive inspections
required by paragraph (g) of this AD.

(j) Parts Installation Limitation

    Airplanes on which Airbus Modification 38067 (installation of
new corner fittings) has been embodied in production, and airplanes
already modified in service as described in Airbus Service Bulletin
A320-54-1019, are not affected by the requirements of paragraph (g)
of this AD, provided that no corner fittings having P/N D54530014201
(RH) or P/N D54530014200 (LH) have been installed since first flight
of the airplane, or since modification, as applicable.

(k) Parts Installation Prohibition

    (1) As of the effective date of this AD, for airplanes on which
Airbus Modification 38067 has been embodied in production on both
pylons, and for airplanes previously modified in service as
described in Airbus Service Bulletin A320-54-1019: Do not install
any corner fittings having P/N D54530014201 (RH) or P/N D54530014200
(LH).
    (2) After modification as required by paragraph (h) of this AD,
or after optional modification as specified in paragraph (i) of this
AD, as applicable: Do not install any corner fittings having P/N
D54530014201 (RH) or P/N D54530014200 (LH).

(l) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using a service bulletin
identified in paragraph (l)(1)(i), (l)(1)(ii), or (l)(1)(iii) of
this AD; this service information is not incorporated by reference
in this AD.
    (i) Airbus Service Bulletin A320-54-1022, dated July 7, 2009.
    (ii) Airbus Service Bulletin A320-54-1022, Revision 01, dated
September 29, 2011.
    (iii) Airbus Service Bulletin A320-54-1022, Revision 02, dated
July 12, 2013.
    (2) This paragraph provides credit for actions required by
paragraphs (h)(2) and (i) of this AD, if those actions were
performed before the effective date of this AD using Airbus Service
Bulletin A320-54-1019, Revision 01, dated April 10, 2008, which is
not incorporated by reference in this AD.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using

any approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA;
or Airbus's EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.
    (3) Required for Compliance: Except as required by paragraph (i)
of this AD: If any service information contains procedures or tests
that are identified as RC, those procedures and tests must be done
to comply with this AD; any procedures or tests that are not
identified as RC are recommended. Those procedures and tests that
are not identified as RC may be deviated from using accepted methods
in accordance with the operator's maintenance or inspection program
without obtaining approval of an AMOC, provided the procedures and
tests identified as RC can be done and the airplane can be put back
in a serviceable condition. Any substitutions or changes to
procedures or tests identified as RC require approval of an AMOC.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information EASA
Airworthiness Directive 2014-0064, dated March 14, 2014, for related
information. This MCAI may be found in the AD docket on the Internet
at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0589-0003.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (o)(3) and (o)(4) of this AD.

(o) 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 this AD specifies otherwise.
    (i) Airbus Service Bulletin A320-54-1019, Revision 02, dated
April 15, 2014.
    (ii) Airbus Service Bulletin A320-54-1022, Revision 03, dated
April 15, 2014.
    (3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on April 17, 2015.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-09811 Filed 4-29-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 59 (Tuesday, March 27, 2018)]
[Notices]
[Pages 13168-13170]
[FR Doc No: 2018-06098]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82919; File No. SR-BX-2018-010]

Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 5701
Regarding the Requirements for Securities Listed on the Exchange Issued
by Nasdaq, Inc. or Its Affiliates

March 22, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 9, 2018, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I and II, below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rule 5701 regarding the requirements
for securities listed on the exchange issued by Nasdaq, Inc.
(``Nasdaq'') or its affiliates.
    The text of the proposed rule change is set forth below. Proposed
new language is italicized; deleted text is in brackets.
* * * * *

5701. Additional Requirements for Securities Listed on the Exchange
Issued by Nasdaq or Its Affiliates

    (a) For purposes of this Rule 5701, the terms below are defined as
follows:
    (1) No change.
    (2) ``Affiliate Security'' means any security issued by a Nasdaq
Affiliate or any Exchange-listed option on any such security, with the
exception of Portfolio Depository Receipts as defined in Rule
4420(i)(1)(A) and Index Fund Shares as defined in Rule 4420(j)(1)(A).
    (b) Upon initial and throughout continued listing and trading of
the Affiliate Security on the Exchange, the Exchange shall:
    (1) [file a report quarterly with the Commission]provide a
quarterly report to the Exchange's Regulatory Oversight Committee
detailing the Exchange's monitoring of:
    (A)-(B) No change.

    (2) engage an independent accounting firm once a year to review and
prepare a report on the Affiliate Security to ensure that the Nasdaq
Affiliate is in compliance with the listing requirements contained in
the Rule 5000, 5100, 5200, 5500 and 5600 Series and promptly [forward
to the Commission]provide BX's Regulatory Oversight Committee with a
copy of the report prepared by the independent accounting firm.
    (c) No change.
* * * * *
    (b) Not applicable.
    (c) Not applicable.
* * * * *

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 5701 (Additional Requirements
for Securities Listed on the Exchange Issued by Nasdaq or its
Affiliates) regarding the requirements for the listing of securities
that are listed on the exchange issued by Nasdaq or its affiliates.
    Rule 5701 sets forth certain monitoring requirements that must be
met throughout the continued listing of securities issued by Nasdaq or
its affiliates. More specifically, Rule 5701 provides that, upon
initial and throughout continued listing of the Affiliate Security \3\
on the Exchange, the Exchange shall:
---------------------------------------------------------------------------

    \3\ Pursuant to Rule 5701(a)(2), ``Affiliate Security'' means
any security issued by a Nasdaq Affiliate, with the exception of
Portfolio Depository Receipts as defined in Rule 4420(i)(1)(A) and
Index Fund Shares as defined in Rule 4420(j)(1)(A), and pursuant to
Rule 5701(a)(1), ``Nasdaq Affiliate'' means Nasdaq, Inc. and any
entity that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common
control with Nasdaq, Inc., where ``control'' means that the one
entity possesses, directly or indirectly, voting control of the
other entity either through ownership of capital stock or other
equity securities or through majority representation on the board of
directors or other management body of such entity.
---------------------------------------------------------------------------

     File a report quarterly (``Quarterly Report'') with the
Commission detailing the Exchange's monitoring of (a) the Nasdaq
Affiliate's compliance with the listing requirements; and (b) the
trading of the Affiliate Security; and
     engage an independent accounting firm once a year to
review and prepare a report on the Affiliate Security to ensure that
the Nasdaq Affiliate is in compliance with the listing requirements
(``Annual Report'') and promptly forward to the Commission a copy of
the report prepared by the independent accounting firm.
    In discussions with the Commission Staff regarding the Exchange's
Rule 5701, it was determined that the Exchange no longer needs to
provide to the Commission copies of the reports specified in paragraphs
(b)(1) and (b)(2) thereunder; instead, the Exchange must provide these
reports to the Exchange's Regulatory Oversight Committee. Accordingly,
the Exchange proposes to amend Rule 5701 to remove the requirement that
the Quarterly Report be filed with the Commission and that copies of
the Annual Report be forwarded to the Commission, and to require
instead that copies of each such report be provided to BX's Regulatory
Oversight Committee. In addition, the Exchange proposes to modify the
definition of ``Affiliate Security'' in Rule 5701(a)(2) to include any
Exchange-listed option on any such security. Finally, the Exchange
proposes to modify Rule 5701(b) to require that the Exchange also
follow Rule 5701 upon initial and throughout continued trading, not
just listing, of the ``Affiliate Security'' on the Exchange.
    No other changes would be made to Rule 5701, which would continue
to require that BX file a report with the Commission if it determines
that the Nasdaq Affiliate is not in compliance with the listing
requirements.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\4\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\5\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to, and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, remove impediments to, and
perfect the mechanism of a free and open market and a national market
system and, in general, to protect investors and the public interest,
because the proposed changes would reduce the paperwork received by the
Commission and ease the burden of submitting the Quarterly and Annual
Reports, while continuing to help protect against concerns that the
Exchange will not effectively enforce its rules with respect to the
listing and trading of Affiliate Securities. The proposed rule change
would not change the information available to the Commission. The
Exchange understands that these reports are subject to Section 17A of
the Exchange Act \6\ and that it will be required to keep and preserve,
and to furnish to the Commission upon request, copies of these reports
in accordance with Rule 17a-1 thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q.
    \7\ 17 CFR 240.17a-1.
---------------------------------------------------------------------------

    The Exchange believes that the proposed change adding Exchange-
listed options to the definition of ``Affiliate Security'' in Rule
5701(a)(2) and requiring that the Exchange also follow Rule 5701 upon
initial and throughout continued trading, not just listing, of the
``Affiliate Security'' on the Exchange, will expand the scope of Rule
5701, which would help eliminate any perception of a potential conflict
of interest if a Nasdaq Affiliate seeks to list and/or trade an option
on an Affiliate Security on the Exchange and thus promote just and
equitable principles of trade, remove impediments to a free and open
market and protect investors and the public interest by helping protect
against concerns that the Exchange will not effectively enforce its
rules with respect to the listing and trading of these securities.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance

of the purposes of the Act. The proposed rule change is not intended to
address competitive issues but rather to reduce the paperwork received
by the Commission, ease the burden of submitting the Quarterly and
Annual Reports, and provide greater clarity in the Exchange's rules,
without changing the information available to the Commission.

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

    No written comments were either solicited or received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
Because the foregoing proposed rule change does not: (i) Significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, it has become effective pursuant to
Section 19(b)(3)(A)(iii) of the Act \10\ and subparagraph (f)(6) of
Rule 19b-4 thereunder.\11\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-BX-2018-010 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-BX-2018-010. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-BX-2018-010 and should be submitted on
or before April 17, 2018.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-06098 Filed 3-26-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Notices]
[Page 71412]
[FR Doc No: 2014-28252]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-1819-008; ER10-1820-010; ER10-1818-007; ER10-
1817-008.
    Applicants: Northern States Power Company, a Minnesota corporation,
Northern States Power Company, a Wisconsin corporation, Public Service
Company of Colorado, Southwestern Public Service Company.
    Description: Notice of Non Material Change in Status of Northern
States Power Company, a Minnesota corporation, et al.
    Filed Date: 11/20/14.
    Accession Number: 20141120-5224.
    Comments Due: 5 p.m. ET 12/11/14.

    Docket Numbers: ER12-480-007.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing per 35: 2014-11-21 Entergy
Transition Cost Allocation Compliance Filing to be effective 6/1/2013.
    Filed Date: 11/21/14.
    Accession Number: 20141121-5173.
    Comments Due: 5 p.m. ET 12/12/14.

    Docket Numbers: ER13-104-005.
    Applicants: Florida Power & Light Company.
    Description: Compliance filing per 35: FPL Errata to Order No. 1000
Further Regional Compliance Filings to be effective 1/1/2015.
    Filed Date: 11/21/14.
    Accession Number: 20141121-5159.
    Comments Due: 5 p.m. ET 12/12/14.

    Docket Numbers: ER13-2318-004; ER14-2499-002; ER14-19-004; ER13-
2319-004; ER13-2317-004; ER13-2316-004; ER13-1561-004; ER13-1430-004;
ER12-995-003; ER12-637-003; ER11-3321-006; ER11-3320-006; ER10-2793-
005; ER10-2755-006; ER10-2751-005; ER10-2744-007; ER10-2743-005; ER10-
2742-005; ER10-2740-007; ER10-2739-009; ER10-1936-004; ER10-1892-005;
ER10-1886-005; ER10-1872-005; ER10-1859-005; ER10-1854-006; ER10-1631-
006.
    Applicants: All Dams Generation, LLC, Arlington Valley Solar Energy
II, LLC, Calhoun Power Company, LLC, Carville Energy LLC, Centinela
Solar Energy, LLC, Cherokee County Cogeneration Partners, LLC, Columbia
Energy LLC, Decatur Energy Center, LLC, DeSoto County Generating
Company, LLC, Doswell Limited Partnership, Lake Lynn Generation, LLC,
Las Vegas Power Company, LLC, LSP University Park, LLC, LS Power
Marketing, LLC, MOBILE ENERGY LLC, Oneta Power, LLC, PE Hydro
Generation, LLC, Renaissance Power, L.L.C., Riverside Generating
Company, L.L.C., Rocky Road Power, LLC, Santa Rosa Energy Center, LLC,
Seneca Generation, LLC, Tilton Energy LLC, University Park Energy, LLC,
Wallingford Energy LLC, West Deptford Energy, LLC, Bluegrass Generation
Company, L.L.C.
    Description: Notification of Change in Status of the LS Power
Development, LLC subsidiaries.
    Filed Date: 11/20/14.
    Accession Number: 20141120-5223.
    Comments Due: 5 p.m. ET 12/11/14.

    Docket Numbers: ER15-459-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Withdrawal per 35.15: Notice of Cancellation of
Service Agreement No. 3099; Queue No. W3-154 to be effective 11/21/
2014.
    Filed Date: 11/21/14.
    Accession Number: 20141121-5121.
    Comments Due: 5 p.m. ET 12/12/14.

    Docket Numbers: ER15-460-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Service
Agreement No. 3182; Queue No. W3-140 to be effective 11/4/2014.
    Filed Date: 11/21/14.
    Accession Number: 20141121-5122.
    Comments Due: 5 p.m. ET 12/12/14.

    Docket Numbers: ER15-461-000.
    Applicants: New Athens Generating Company, LLC.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Additional Revisions to MBR Tariff to be effective 11/24/2014.
    Filed Date: 11/21/14.
    Accession Number: 20141121-5123.
    Comments Due: 5 p.m. ET 12/12/14.

    Docket Numbers: ER15-462-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Agmt
for Interconnection of NV Power Company Eldorado-Magnolia and Eldorado-
NSO to be effective 11/22/2014.
    Filed Date: 11/21/14.
    Accession Number: 20141121-5131.
    Comments Due: 5 p.m. ET 12/12/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 21, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-28252 Filed 12-1-14; 8:45 am]
BILLING CODE 6717-01-P