[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Notices]
[Pages 50915-50917]
[FR Doc No: 2021-19612]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92887; File No. SR-NYSEArca-2021-75]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Modify the Arca
Options Deep Market Data Product

September 7, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on August 24, 2021, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify the Arca Options Deep market data
product. The proposed rule change is available on the Exchange's
website at www.nyse.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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to modify the Arca Options Deep market data
product.
    The Exchange currently offers the following real-time options
market data feeds: ``Arca Options Top,'' ``Arca Options Deep,'' and
``Arca Options Complex'' (the ``Arca Options Products''). ``Arca
Options Top'' is a single market data product that combines last sale
data, best bids and offers (``BBO''), order imbalance information and
series status and underlying status messages. ``Arca Options Complex,''
also a single market data product, provides subscribers NYSE Arca
Options quote and trade information (including orders/quotes, requests
for responses, and trades) for the complex order book on a real-time
basis. ``Arca Options Deep'' is also a single market data product that
provides subscribers NYSE Arca Options quotes and orders at the first
three price levels in each series on a real-time basis.
    The Exchange charges a single fee for Arca Options Products and
subscribers of Arca Options Products receive all three data feeds
described above.\4\ The Exchange charges a separate fee for Arca
Options Complex for subscribers that seek to obtain this data feed on a
standalone basis.\5\
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    \4\ See Securities Exchange Act Release No. 68005 (October 9,
2012), 77 FR 63362 (October 16, 2012) (SR-NYSEArca-2012-106)
(establishing fees for certain proprietary options market data
products). See also Securities Exchange Act Release Nos. 69523 (May
6, 2013), 78 FR 27452 (May 10, 2013) (SR-NYSEArca-2013-41)
(establishing a schedule of NYSE Arca Options proprietary market
data fees); 69554 (May 10, 2013), 78 FR 28917 (May 16, 2013) (SR-
NYSEArca-2013-47) (establishing non-display usage fees and amending
the professional end-user fees); 71933 (April 11, 2014), 79 FR 21821
(April 17, 2014) (SR-NYSEArca-2014-34) (amending the professional
user fees); 73010 (September 5, 2014), 79 FR 54307 (September 11,
2014) (SR-NYSEArca-2014-94) (amending fees for non-display use);
76023 (September 29, 2015), 80 FR 60208 (October 5, 2015) (SR-
NYSEArca-2015-83) (modifying certain proprietary options data
products); and 77111 (February 11, 2016), 81 FR 8291 (February 18,
2016) (SR-NYSEArca-2016-29) (Modifying the Arca Options Deep market
data product).
    \5\ See Securities Exchange Act Release No. 73588 (November 13,
2014), 79 FR 68922 (November 19, 2014) (SR-NYSEArca-2014-129)
(establishing fees for the complex order book feed).
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    The Exchange proposes to modify the Arca Options Deep market data
product so that quotes and orders would be available for the full order
book in each series on a real-time basis rather than at the first three
price levels. As modified, Arca Options Deep would provide vendors and
subscribers with a unified view of events, in sequence, as they appear
on the Exchange's matching engine. The modified Arca Options Deep would
include depth of book order data, last sale data, opening imbalance
data, series status updates (e.g., trade corrections and trading halts)
and series summary messages. The series summary message would update
every minute and would include the opening price, high price, low
price, closing price, and cumulative volume for each series traded on
the Exchange. The Exchange is not making any changes to the current
product other than providing quotes and orders for the full order book
rather than at the first three price levels and the inclusion of
opening imbalance data.
    The Exchange believes that Arca Options Deep, as modified,
addresses requests received from vendors and subscribers that would
like to receive the data described above in an integrated fashion. An
integrated data feed would provide greater efficiencies and reduce
errors for vendors and subscribers that currently choose to integrate
the data after receiving it from the Exchange. The Exchange believes
that providing vendors and subscribers with the option of a market data
product that both integrates existing products and includes additional
market data would allow vendors and subscribers to choose the best
solution for their specific businesses while also enhancing the
functionality of the product.
    The proposed modification to the Arca Options Deep data feed will
allow subscribers who currently obtain depth of market data at three
price levels to receive the full order book market data in a single
data feed. Offering a data product that provides the full order book in
one market data product would provide greater efficiencies and better
sequencing for vendors and subscribers. As it does currently, Arca
Options Deep would continue to provide last sale and BBO information on
a real-time basis as reported to the Options Price Reporting Authority
(``OPRA'') and disseminated on a consolidated basis under the OPRA
Plan.\6\
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    \6\ The OPRA Plan is a national market system plan approved by
the Securities and Exchange Commission (``Commission'') pursuant to
Section 11A of the Act and Rule 608 thereunder (formerly Rule 11Aa3-
2). See Securities Exchange Act Release No. 17638 (March 18, 1981),
22 SEC. Docket 484 (March 31, 1981). The full text of the OPRA Plan
is available at https://www.opraplan.com/. The OPRA Plan provides
for the collection and dissemination of last sale and quotation
information on options that are traded on the participant exchanges.
Section 5.2(c) of the OPRA Plan also permits OPRA Plan participants
to disseminate unconsolidated market information to certain of their
members under certain circumstances. The manner in which the
Exchange proposes to disseminate the products would comply with
Section 5.2(c) of the OPRA Plan, pursuant to which the Exchange may
not disseminate the products ``on any more timely basis than the
same information is furnished to the OPRA System for inclusion in
OPRA's consolidated dissemination of Options Information.''
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    The Exchange does not propose to make any change to the fees for
Arca Options Deep. The single fee charged for the Arca Options Products
that comprise the Arca Options Top, Arca

Options Deep and Arca Options Complex would continue to apply. The
separate fee that now applies to Arca Options Complex, would likewise
continue to apply to the Arca Options Complex market data product.
    Arca Options Deep would continue to be offered through the
Exchange's Liquidity Center Network (``LCN''), a local area network in
the Exchange's Mahwah, New Jersey data center that is available to
users of the Exchange's co-location services. The Exchange would also
continue to offer the Arca Options Deep through the Exchange's Secure
Financial Transaction Infrastructure (``SFTI'') network, through which
all other users and members access the Exchange's trading and execution
systems and other proprietary market data products.
    The Exchange plans to introduce the modified Arca Options Deep
market data product when the Exchange transitions to the Pillar trading
platform, anticipated for the fourth quarter of 2021.\7\ The Exchange
will announce the exact date that the modified Arca Options Product
market data product will become available through a NYSE Trader Update.
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    \7\ See Securities Exchange Act Release No. 92304 (June 30,
2021), 86 FR 36440 (July 9, 2021) (SR-NYSE-Arca-2021-47) (Notice of
Filing of Proposed Rule Change for New Rules 6.1P-O, 6.37AP-O,
6.40P-O, 6.41P-O, 6.62P-O, 6.64P-O, 6.76P-O, and 6.76AP-O and
Amendments to Rules 1.1, 6.1-O, 6.1A-O, 6.37-O, 6.65A-O and 6.96-O).
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \8\ of the
Act, in general, and furthers the objectives of Section 6(b)(5) \9\ of
the Act, 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 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, and it is not designed to permit unfair discrimination
among customers, brokers, or dealers.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    The Exchange also believes this proposal is consistent with Section
6(b)(5) of the Act because it protects investors and the public
interest and promotes just and equitable principles of trade by
providing investors with improved options for receiving market data.
The proposed rule change would benefit investors by facilitating their
prompt access to the additional real-time information contained in a
modified Arca Options Deep market data product.
    The Exchange believes the proposed change is reasonable because it
would provide vendors and subscribers with a higher quality market data
product.
    In adopting Regulation NMS, the Commission granted self-regulatory
organizations and broker-dealers increased authority and flexibility to
offer new and unique market data to consumers of such data. It was
believed that this authority would expand the amount of data available
to users and consumers of such data and also spur innovation and
competition for the provision of market data. The Exchange believes
that the options data product changes proposed herein are precisely the
sort of market data product evolutions that the Commission envisioned
when it adopted Regulation NMS. The Commission concluded that
Regulation NMS--by lessening regulation of the market in proprietary
data--would itself further the Act's goals of facilitating efficiency
and competition:

[E]fficiency is promoted when broker-dealers who do not need the
data beyond the prices, sizes, market center identifications of the
NBBO and consolidated last sale information are not required to
receive (and pay for) such data. The Commission also believes that
efficiency is promoted when broker-dealers may choose to receive
(and pay for) additional market data based on their own internal
analysis of the need for such data.\10\
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    \10\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005).

    By removing ``unnecessary regulatory restrictions'' on the ability
of exchanges to sell their own data, Regulation NMS advanced the goals
of the Act and the principles reflected in its legislative history.
    The proposed modified Arca Options Deep market data feed will help
to protect a free and open market by providing additional data to the
marketplace and give investors greater choices. In addition, the
proposal would not permit unfair discrimination because the products
will be available to all of the Exchange's customers and broker-dealers
through both the LCN and SFTI.

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

    In accordance with Section 6(b)(8) of the Act,\11\ the Exchange
does not believe that the proposed rule change will impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act. The market for proprietary data products is
currently competitive and inherently contestable because there is
fierce competition for the inputs necessary to the creation of
proprietary data. Numerous exchanges compete with each other for
listings, trades, and market data itself, providing virtually limitless
opportunities for entrepreneurs who wish to produce and distribute
their own market data. This proprietary data is produced by each
individual exchange, as well as other entities (such as internalizing
broker-dealers and various forms of alternative trading systems,
including dark pools and electronic communication networks), in a
vigorously competitive market. It is common for market participants to
further and exploit this competition by sending their order flow and
transaction reports to multiple markets, rather than providing them all
to a single market. Because the Exchange's competitors already offer
similar products, the proposed modified Arca Options Deep market data
product will enhance competition. For example, Arca Options Deep would
provide an alternative to Nasdaq ITCH-to-Trade Options, offered by The
Nasdaq Stock Market, Inc. (``Nasdaq'').\12\
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    \11\ 15 U.S.C. 78f(b)(8).
    \12\ See Nasdaq ITCH-to-Trade Options (ITTO), https://www.nasdaqtrader.com/micro.aspx?id=Dapos (ITTO is designed to
provide full quote and order depth . ITTO uses a series of messages
to track the life of a quote or order through the Nasdaq Options
Market (NOM). ITTO supports NOM last sale data as well as Net Order
Imbalance data for the opening auction).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2021-75 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-NYSEArca-2021-75. 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-NYSEArca-2021-75, and should be
submitted on or before October 4, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-19612 Filed 9-10-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Notices]
[Pages 7584-7585]
[FR Doc No: 2012-3229]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-D-0083]

Draft Guidance for Industry on Heparin for Drug and Medical
Device Use; Monitoring Crude Heparin for Quality; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Heparin for
Drug and Medical Device Use: Monitoring Crude Heparin for Quality.''
This draft guidance is intended to alert manufacturers of active
pharmaceutical ingredients (APIs), pharmaceutical and medical device
manufacturers of finished products, and others to the potential risk of
crude heparin contamination.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit electronic or written comments on the draft guidance
by April 13, 2012.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, rm. 2201, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests.
    Submit electronic comments on the draft guidance to
http:[sol][sol]www.regulations.gov. Submit written comments to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. See the SUPPLEMENTARY
INFORMATION section for electronic access to the draft guidance
document.

FOR FURTHER INFORMATION CONTACT: Frank W. Perrella, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, rm. 4337, Silver Spring, MD 20993-0002, 301-
796-3265; or Dennis M. Bensley, Jr., Center for Veterinary Medicine
(HFV-140), Food and Drug Administration, 7519 Standish Pl., Rockville,
MD 20855,<PHONE_NUMBER>; or Jason Brookbank, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, rm. 3558, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Heparin for Drug and Medical Device Use: Monitoring Crude
Heparin for Quality.'' This draft guidance provides recommendations
that will help API manufacturers, pharmaceutical and medical device
manufacturers of finished products, and others, to better control their
use of crude heparin that might contain oversulfated chondroitin
sulfate (OSCS) or non-porcine material (especially ruminant material)
contaminants. This draft guidance on crude heparin recommends
strategies to test for contamination and should be used in addition to
the United States Pharmacopeia (USP) monograph testing required for
other forms of heparin to detect the presence of OSCS.
    Following reports of serious adverse events (including deaths)
among patients injected with heparin sodium in 2008, FDA identified the
contaminant OSCS in heparin API manufactured in China. FDA is also
concerned about the potential for contamination of heparin with the
bovine spongiform encephalopathy (BSE) agent derived from ruminant
materials. The control of the quality of crude heparin is critical to
ensure the safety of drugs and devices and to protect public health.
FDA developed this draft guidance to alert manufacturers to the risks
of crude heparin contaminants and to recommend strategies to ensure
that the heparin supply chain is not contaminated with OSCS or any non-
porcine origin material, especially ruminant material (unless
specifically approved or cleared as part of drug or medical device
application).
    The draft guidance recommends that manufacturers test and confirm
the species origin of crude heparin in each shipment before use in the
manufacture or preparation of a drug or medical device containing
heparin. The test method should be qualified for use in testing crude
heparin and for the identification of species origin. The method should
be based on good scientific principles (e.g., sufficient accuracy and
specificity) and possess a level of sensitivity commensurate with the
current state of scientific knowledge and risk. Likewise, the draft
guidance recommends that manufacturers test for OSCS in crude heparin
in each shipment before use, using a qualified test method that is
suitable for detecting low levels of OSCS concentrations and is based
on good scientific principles. Manufacturers should reject for use and
control or destroy crude heparin found to contain any amount of OSCS
and notify FDA of any such finding. The draft guidance also recommends
that manufacturers identify and audit crude heparin suppliers and
heparin API suppliers to ensure conformance to current good
manufacturing practice (CGMP), employ the controls described in the
guidance for industry ``Q7 Good Manufacturing Practice Guidance for
Active Pharmaceutical Ingredients,'' and comply with the quality system
regulations (as applicable).
    This draft guidance is being issued consistent with FDA's good
guidance

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

II. Comments

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

III. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). In the
draft guidance, FDA advises drug and medical device manufacturers who
receive and use crude heparin to manufacture drugs and medical devices
to notify the Agency of crude heparin found to contain any amount of
OSCS (for human drugs 21 CFR 314.81(b)(1)(ii); for animal drugs 21 CFR
514.80(b); for medical devices 21 CFR 803.50). The collections of
information in 21 CFR 314.81(b)(1)(ii) have been approved under OMB
control number 0910-0001; in 21 CFR 514.80(b) under OMB control number
0910-0284; and in 21 CFR 803.50 under OMB control number 0910-0437.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http:[sol][sol]www.fda.gov/Drugs/
GuidanceComplianceRegulatoryInformation/Guidances/default.htm,
http:[sol][sol]www.fda.gov/AnimalVeterinary/
GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm,
http:[sol][sol]www.fda.gov/MedicalDvices/DeviceRegulationandGuidance/
GuidanceDocuments/default.htm, or http:[sol][sol]www.regulations.gov.

    Dated: February 8, 2012.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2012-3229 Filed 2-10-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: July 28, 2008 (Volume 73, Number 145)]
[Notices]
[Page 43805-43807]
[DOCID:fr28jy08-118]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58200; File No. SR-CBOE-2008-77]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to the Interim Trading Permit Access Fee

July 21, 2008.
    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 July 18, 2008, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') 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 CBOE.
CBOE has designated this proposal as one establishing or changing a
due, fee, or other charge imposed by the Exchange under section
19(b)(3)(A),\3\ and Rule 19b-4(f)(2) 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 parties.
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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).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to adopt a monthly access fee for Interim Trading
Permit holders. The text of the proposed rule change is available on
the Exchange's Web site (http://www.cboe.org/Legal/), at the Exchange's
Office of the Secretary, 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, CBOE 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. CBOE 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
    CBOE Rule 3.27(f)(ii) provides that Interim Trading Permit holders
shall pay to the Exchange a monthly access fee set by the Exchange and
that the access fee shall be implemented through the submission of a
proposed rule change to the Commission under section 19(b)(3)(A) of the
Act.\5\ The purpose of this rule filing is to propose that the access
fee for Interim Trading Permit holders be set at $12,387 per month.
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    \5\ 15 U.S.C. 78s(b)(3)(A).
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    The amount of the proposed access fee is equal to the current
indicative lease rate. Under Rule 3.27(b), the ``indicative lease
rate'' is the highest clearing firm floating monthly rate \6\ of the
CBOE Clearing Members that assist in facilitating at least 10% of the
CBOE transferable membership leases. The Exchange determined the
current indicative lease rate by polling each of these Clearing Members
and obtaining the clearing firm floating monthly rate designated by
each of these Clearing Members for the month of July 2008.
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    \6\ Rule 3.27(b) defines the term ``clearing firm floating
monthly rate'' as the floating monthly rate that a Clearing Member
designates, in connection with transferable membership leases that
the Clearing Member assisted in facilitating, for leases that
utilize that monthly rate.
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    The Exchange believes that the proposed access fee constitutes an
equitable allocation of reasonable dues,

fees, and other charges among persons using its facilities because it
is equivalent to the current lease rate paid by a large percentage of
lessees of CBOE transferable memberships and is equivalent to the
current access fee assessed by the Exchange to persons granted
temporary CBOE membership status (``Temporary Members'') pursuant to
Interpretation and Policy .02 under CBOE Rule 3.19.\7\ Additionally, by
setting the proposed access fee at the indicative lease rate, the
Exchange is utilizing a benchmark that is used for other purposes under
various provisions of Rule 3.27. For example, the Exchange may issue
Interim Trading Permits under Rule 3.27(b) only if, among other things,
the Exchange determines that there are insufficient transferable
memberships available for lease at that time at a rate reasonably
related to the indicative lease rate. In addition, Rule 3.27(d)
provides that, under specified circumstances, the Exchange will make a
payment to lessors of CBOE transferable memberships that notify the
Exchange that their memberships remain unleased while Interim Trading
Permits are outstanding, and the amount of that payment is the
indicative lease rate (assuming the number of Interim Trading Permits
exceeds the number of these open leases). Setting the proposed access
fee equal to the indicative lease rate therefore is consistent with
these other provisions.\8\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 58073 (July 1,
2008), 73 FR 39357 (July 9, 2008) (SR-CBOE-2008-71), which set the
current access fee for Temporary Members at $12,387 per month.
    \8\ Because Interim Trading Permit holders possess a feature
that does not exist in the typical lease arrangement for a CBOE
transferable membership, the Exchange also believes that it would be
equitable to assess Interim Trading Permit holders an access fee
that is higher than the indicative lease rate if the Exchange chose
to do so in the future through the submission of a subsequent
proposed rule change pursuant to section 19(b)(3)(A)(ii) of the Act,
15 U.S.C. 78s(b)(3)(A)(ii). Under Rule 3.27(c), an Interim Trading
Permit can be terminated only (1) if the holder terminates the
Interim Trading Permit, (2) as a result of regulatory action against
the holder, (3) in the event of a demutualization, or (4) through a
rule change approved by the Commission. On the other hand, the
typical lease arrangement for a transferable membership can be
terminated by the lessor upon a month's notice to the lessee. As a
result, Interim Trading Permit holders enjoy more certainty than
lessees with respect to their trading access to the Exchange and the
Exchange could determine to assess them a higher access fee to
reflect that certainty.
---------------------------------------------------------------------------

    The Exchange may, and likely will, further adjust the proposed
access fee in the future through the submission of a further rule
filing pursuant to section 19(b)(3)(A)(ii) of the Act \9\ if the
Exchange determines that it would be appropriate to do so, such as to
take into consideration changes in the indicative lease rate.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    Rule 3.27(f)(ii) provides that the access fee for Interim Trading
Permit holders shall be due and payable in accordance with the
provisions of the Exchange Fee Schedule and shall be the same for all
Interim Trading Permit holders.
    The Exchange proposes to include in the Exchange Fee Schedule the
following procedural provisions related to the assessment of the
proposed access fee. The proposed access fee will be assessed to each
Interim Trading Permit holder for each Interim Trading Permit issued to
the holder. Consistent with Rule 3.27(c), the proposed access fee and
any other applicable monthly fees will be assessed for each calendar
month unless an Interim Trading Permit holder provides written notice
to the CBOE Membership Department on or before the fifteenth day of the
preceding calendar month that the holder is terminating the Interim
Trading Permit effective no later than the last day of that preceding
calendar month.\10\ The proposed access fee will be due and payable for
each calendar month on the first day of that calendar month. If an
Interim Trading Permit is issued during a calendar month after the
first day of the month, the proposed access fee for that calendar month
will be prorated and will be assessed as of the date of the issuance of
the Interim Trading Permit. The proposed access fee will be non-
refundable and will be assessed through the integrated billing system.
---------------------------------------------------------------------------

    \10\ For example, an Interim Trading Permit holder that did not
wish to be assessed the proposed access fee and any other applicable
monthly fees for the month of September 2008 would need to provide
notice to the Membership Department on or before August 15, 2008
that the holder was terminating the Interim Trading Permit effective
no later than August 31, 2008.
---------------------------------------------------------------------------

2. Statutory Basis
    For the reasons described above, the Exchange believes that the
proposed rule change is consistent with Section 6(b) of the Act,\11\ in
general, and furthers the objectives of Section 6(b)(4) of the Act,\12\
in particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among persons
using its facilities.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose 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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing rule change establishes or changes a due,
fee, or other charge imposed by the Exchange, it has become effective
pursuant to section 19(b)(3)(A) of the Act \13\ and subparagraph (f)(2)
of Rule 19b-4 \14\ thereunder. 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.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-CBOE-2008-77 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-CBOE-2008-77. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 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 No. SR-CBOE-2008-77 and should be
submitted on or before August 18, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-17142 Filed 7-25-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Notices]
[Pages 76069-76070]
[FR Doc No: 2020-26190]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR21-2-000]

Coffeyville Resources Refining & Marketing, LLC v. TransCanada
Keystone Pipeline, LP; Notice of Complaint

    Take notice that on November 18, 2020 pursuant to Rule 206 of the
Federal Energy Regulatory Commission's (Commission) Rules of Practice
and Procedure, 18 CFR 385.206 (2020), sections 343.1(a) and 343.2(c) of
the Commission's Procedural Rules Applicable to Oil Pipeline
Proceedings, 18 CFR 343.1(a) and 343.2(c) (2020), and sections 1(5),
3(1), 6, 13, 15(9) and 16 of the Interstate Commerce Act (ICA), 49
U.S.C. App. 1(5), 3(1), 6, 13, 15(9), 16, Coffeyville Resources
Refining & Marketing, LLC (Coffeyville or Complainant) filed a formal
complaint against TransCanada Keystone Pipeline, LP (Keystone or
Respondent) challenging the lawfulness of rates charged by Keystone for
the transportation of crude oil within the United States under
committed rates calculated pursuant to terms contained in a
Transportation Service Agreement between Keystone and Coffeyville, all
as more fully explained in the complaint.
    The Complainants certifies that a copy of the complaint was served
on the contacts listed for the Respondent in the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued

by the President on March 13, 2020. For assistance, contact the Federal
Energy Regulatory Commission at<EMAIL_ADDRESS>or call
toll-free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on December 18, 2020.

    Dated: November 20, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-26190 Filed 11-25-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Rules and Regulations]
[Pages 53908-53912]
[FR Doc No: 2016-18952]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8841; Directorate Identifier 2016-NM-115-AD;
Amendment 39-18611; AD 2016-16-13]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2016-13-10,
for certain The Boeing Company Model 737-300, -400, and -500 series
airplanes. AD 2016-13-10 required repetitive external detailed
inspections and nondestructive inspections to detect cracks in the
fuselage skin along the chem-mill steps at stringers S-1 and S-2R,
between station (STA) 400 and STA 460, and repair if necessary. AD
2016-13-10 also required a preventive modification of the fuselage skin
at crown stringers S-1 and S-2R. This AD requires the same actions as
AD 2016-13-10, and clarifies certain regulatory text. This AD was
prompted by the determination that certain regulatory text in AD 2016-
13-10 requires clarification. We are issuing this AD to detect and
correct fatigue cracking of the fuselage skin panels at the chem-mill
steps, which could result in sudden fracture and failure of the
fuselage skin panels, and consequent rapid decompression of the
airplane.

DATES: This AD is effective August 15, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 9,
2016 (81 FR 43483, July 5, 2016).
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of July
23, 2012 (77 FR 36134, June 18, 2012).
    We must receive any comments on this AD by September 29, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Boeing

Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>. It
is also available on the Internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2016-8841.

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-2016-
8841; 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 Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jennifer Tsakoumakis, Aerospace
Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft
Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA
90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On June 21, 2016, we issued AD 2016-13-10, Amendment 39-18574 (81
FR 43483, July 5, 2016) (``AD 2016-13-10''), for certain The Boeing
Company Model 737-300, -400, and -500 series airplanes. AD 2016-13-10
required repetitive external detailed inspections and nondestructive
inspections to detect cracks in the fuselage skin along the chem-mill
steps at stringers S-1 and S-2R, between STA 400 and STA 460, and
repair if necessary. AD 2016-13-10 also required a preventive
modification of the fuselage skin at crown stringers S-1 and S-2R. AD
2016-13-10 resulted from a determination that, for certain airplanes,
the skin pockets adjacent to the Air Traffic Control (ATC) antenna are
susceptible to widespread fatigue damage. We issued AD 2016-13-10 to
detect and correct fatigue cracking of the fuselage skin panels at the
chem-mill steps, which could result in sudden fracture and failure of
the fuselage skin panels, and consequent rapid decompression of the
airplane.

Actions Since AD 2016-13-10 Was Issued

    Since we issued AD 2016-13-10, we have determined that certain
regulatory text in AD 2016-13-10 requires clarification:
     We have revised paragraphs (h)(3) and (i) of this AD to
refer to paragraph (l)(3) of this AD for the exception to the service
information.
     We have also removed the sentence from paragraph (h)(3) of
AD 2016-13-10 that provided existing repair information and instead we
have included existing repair information in the introductory text of
paragraph (h) of this AD.
     We have revised paragraph (j) of this AD to also refer to
Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated January
23, 2015, for locations for the modification of the chem-mill steps.
     We have revised paragraphs (j) and (l)(3) of this AD to
refer to paragraph (n) of this AD for the appropriate procedures to
request approval of an alternative method of compliance.
    We are issuing this AD to correct the unsafe condition on certain
The Boeing Company Model 737-300, -400, and -500 series airplanes.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-53A1293, Revision 3,
dated January 23, 2015. The service information describes procedures
for repetitive external detailed inspections and non-destructive
inspections to detect cracks in the fuselage skin along the chem-mill
steps at stringers S-1 and S-2R, between STA 400 and STA 460, and
repair of any cracking. The service information also describes
procedures for a modification of the chem-mill steps at the locations
identified, including related investigative actions and corrective
actions, and repetitive post-mod inspections. This service information
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.

FAA's Determination

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

AD Requirements

    This AD requires accomplishing the actions specified in the service
information described previously.

FAA's Justification and Determination of the Effective Date

    We are superseding AD 2016-13-10 to clarify certain regulatory
text. We have made no other changes to the requirements published in AD
2016-13-10. Therefore, we find that notice and opportunity for prior
public comment are unnecessary and that good cause exists for making
this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
Docket No. FAA-2016-8841; and Directorate Identifier 2016-NM-115-AD at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 186 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost         Parts cost      Cost per product         operators
----------------------------------------------------------------------------------------------------------------
Retained inspections from AD     Between 7 and 15                  $0  Between $595 and      Between $110,670
 2016-13-10.                      work-hours x $85                      $1,275 per            and $237,150 per
                                  per hour, depending                   inspection cycle.     inspection cycle.
                                  on airplane
                                  configuration =
                                  between $595 and
                                  $1,275 per
                                  inspection cycle.
Retained modification from AD    236 work-hours x $85           (\1\)  $20,060.............  $3,731,160.
 2016-13-10.                      per hour = $20,060.
----------------------------------------------------------------------------------------------------------------
\1\ We currently have no specific cost estimates associated with the parts necessary for the modification. We
  cannot determine the cost of the materials because the modification parts must be sized at the time the
  modification is installed, taking into account any existing repairs in the area.

    We have received no definitive data that enables us to provide a
cost estimate for the on-condition actions specified in this AD.

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

    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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends part 39 of the Federal Aviation
Regulations (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 Airworthiness Directive (AD)
2016-13-10, Amendment 39-18574 (81 FR 43483, July 5, 2016), and adding
the following new AD:

2016-16-13 The Boeing Company: Amendment 39-18611; Docket No. FAA-
2016-8841; Directorate Identifier 2016-NM-115-AD.

(a) Effective Date

    This AD is effective August 15, 2016.

(b) Affected ADs

    This AD replaces AD 2016-13-10, Amendment 39-18574 (81 FR 43483,
July 5, 2016) (``AD 2016-13-10'').

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-300, -400,
and -500 series airplanes, certificated in any category, as
identified in Boeing Alert Service Bulletin 737-53A1293, Revision 3,
dated January 23, 2015.
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/BE866B732F6CF31086257B9700692796?OpenDocument&Highlight=st01219se)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01219SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of cracks found on the fuselage
skin at the chem-mill steps, and the determination that, for certain
airplanes, the skin pockets adjacent to the Air Traffic Control
antenna are susceptible to widespread fatigue damage. We are issuing
this AD to detect and correct fatigue cracking of the fuselage skin
panels at the chem-mill steps, which could result in sudden fracture
and failure of the fuselage skin panels, and consequent rapid
decompression of the airplane.

(f) Compliance

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

(g) Retained Inspections With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2016-13-10, with no changes. At the applicable time specified in
tables 1, 2, 3, and 5 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 737-53A1293, Revision 3, dated January 23,
2015, except as required by paragraphs (l)(1) and (l)(2) of this AD:
Do the actions specified in paragraphs (g)(1) and (g)(2) of this AD,
in accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1293, Revision 3, dated January 23, 2015,
except as required by paragraph (l)(3) of this AD. Repeat the
applicable inspections thereafter at the applicable times specified
in paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
737-53A1293, Revision 3, dated January 23, 2015.
    (1) Do an external detailed inspection for cracking of the
fuselage skin chem-mill steps.
    (2) Do an external non-destructive (medium frequency eddy
current, magneto optical imaging, C-Scan, or ultrasonic phased
array) inspection for cracking of the fuselage skin chem-mill steps.

(h) Retained Repair With Clarification of Repair Information and
Service Information Exception

    This paragraph restates the requirements of paragraph (h) of AD
2016-13-10, with clarification of repair information and service
information exception. If any cracking is found during any
inspection required by paragraph (g) of this AD, do the applicable
actions specified in paragraph (h)(1), (h)(2),or (h)(3) of this AD.
Installation of a repair prior to August 9, 2016 (the effective date
of AD 2016-13-10) that meets the conditions specified in Part 9 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1293, Revision 3, dated January 23, 2015, terminates the
inspections required by paragraph (g) of this AD for the area
covered by that repair only. Installation of a repair prior to
August 9, 2016, that meets the conditions specified in Part 9 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1293, Revision 3, dated January 23, 2015, covers all eight chem-
mill step inspection areas between STA 410 and STA 450, and was done
using a method approved in accordance with the procedures specified
in paragraph (n) of this AD, terminates the inspections required by
paragraph (g) of this AD for the area covered by that repair only,
and terminates the preventive modification required by paragraph (i)
of this AD.
    (1) Repair before further flight in accordance with Part 2 (for
Group 1 airplanes) or Part 7 (for Group 2 airplanes) of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1293, Revision 3, dated January 23, 2015; except as required by
paragraph (l)(3) of this AD. Installation of a repair that meets the
conditions specified in Note (a) of table 1, 2, 3, or 5 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293,
Revision 3, dated January 23, 2015, terminates the repetitive
inspections required by paragraph (g) of this AD for the area
covered by that repair only.
    (2) For Group 1 airplanes: Accomplishing the modification
specified in paragraph (i) of this AD is a method of compliance with
paragraph (h)(1) of this AD.
    (3) If any cracking is found in any area not covered by the
preventive modification doubler during any inspection required by
paragraph (g) of this AD: Repair before further flight, in
accordance with Part 3 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1293, Revision 3, dated January 23,
2015, except as provided by paragraph (l)(3) of this AD.
Installation of this repair terminates the repetitive inspections
required by paragraph (g) of this AD for the area covered by that
repair only.

(i) Retained Preventive Modification With Clarification of Service
Information Exception and Method of Compliance Procedures

    This paragraph restates the requirements of paragraph (i) of AD
2016-13-10, with clarification of service information exception and
method of compliance procedures. For Group 1 airplanes: At the
applicable time specified in tables 1, 2, and 3 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293,
Revision 3, dated January 23, 2015, except as required by paragraphs
(l)(1) and (l)(2) of this AD, do a preventive modification of the
fuselage skin at crown stringers S-1 and S-2R, including all
applicable related investigative actions, in accordance with Part 9
of the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1293, Revision 3, dated January 23, 2015, except as provided
by paragraph (l)(3) of this AD. Do all applicable related
investigative actions concurrently with the modification.
Installation of a preventive modification terminates the repetitive
inspections required by paragraph (g) of this AD for the modified
area only. Thereafter, repeat the inspections specified in Part 3 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1293, Revision 3, dated January 23, 2015.

(j) Retained Optional Modification With Clarification of Service
Information

    This paragraph restates the requirements of paragraph (j) of AD
2016-13-10, with clarification of service information. Accomplishing
a modification of the chem-mill steps at any location identified in
Boeing Service Bulletin 737-53A1293, Revision 2, dated August 10,
2011; or Boeing Alert Service Bulletin 737-53A1293, Revision 3,
dated January 23, 2015; using a method approved in accordance with
the procedures specified in paragraph (n) of this AD, terminates the
repetitive inspections required by paragraph (g) of this AD for the
modified area only.

(k) Retained Post-Repair/Post-Modification Inspections With No Changes

    This paragraph restates the requirements of paragraph (k) of AD
2016-13-10, with no changes. Tables 4 and 6 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293,
Revision 3, dated January 23, 2015, specify post-repair/post-
modification airworthiness limitation inspections in compliance with
14 CFR 25.571(a)(3) at the modified locations, which support
compliance with 14 CFR 121.1109(c)(2) or 129.109(b)(2). As
airworthiness limitations, these inspections are required by
maintenance and operational rules. It is therefore unnecessary to
mandate them in this AD. Deviations from these inspections require
FAA approval, but do not require an alternative method of
compliance.

(l) Retained Exceptions to Service Bulletin Specifications With
Clarification of Method of Compliance Procedures

    This paragraph restates the requirements of paragraph (l) of AD
2016-13-10, With clarification of method of compliance procedures.
    (1) Where Boeing Alert Service Bulletin 737-53A1293, Revision 3,
dated January 23, 2015, specifies a compliance time ``after the
Revision 3 date of this service bulletin,'' this AD requires
compliance within the specified compliance time after August 9, 2016
(the effective date of AD 2016-13-10).
    (2) Where the Condition column of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1293,
Revision 3, dated January 23, 2015, specifies a condition based on
when an airplane has or has not been inspected, this AD bases the
condition on whether an airplane has or has not been inspected on
August 9, 2016 (the effective date of AD 2016-13-10).
    (3) Where Boeing Alert Service Bulletin 737-53A1293, Revision 3,
dated January 23, 2015, specifies to contact Boeing for repair or
preventive modification instructions: Before further flight, do the
repair or preventive modification, as applicable, using a method
approved in accordance with the procedures specified in paragraph
(n) of this AD.

(m) Retained Credit for Previous Actions With No Changes

    This paragraph restates the requirements of paragraph (m) of AD
2016-13-10, with no changes.
    (1) This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before July 23, 2012 (the effective date of AD 2012-12-04, Amendment
39-17093 (77 FR 36134, June 18, 2012) (``AD 2012-12-04'')), using
Boeing Alert Service Bulletin 737-53A1293, Revision 1, dated July 7,
2010, which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before August 9, 2016 (the effective date of AD 2016-13-10), using
Boeing Service Bulletin 737-53A1293, Revision 2, dated August 10,
2011, which was incorporated by reference in AD 2012-12-04.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (o)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
method must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.
    (4) AMOCs approved for AD 2012-12-04 are approved as AMOCs for
the corresponding provisions of this AD.

(o) Related Information

    (1) For more information about this AD, contact Jennifer
Tsakoumakis, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los
Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (p)(5) and (p)(6) of this AD.

(p) 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 9, 2016 (81 FR 43483, July 5, 2016).
    (i) Boeing Alert Service Bulletin 737-53A1293, Revision 3, dated
January 23, 2015.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
July 23, 2012 (77 FR 36134, June 18, 2012).
    (i) Boeing Service Bulletin 737-53A1293, Revision 2, dated
August 10, 2011.
    (ii) Reserved.
    (5) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (6) 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.
    (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 Renton, Washington, on August 4, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-18952 Filed 8-12-16; 8:45 am]
 BILLING CODE 4910-13-P


Attachment E                Guidance on PRIA Fee Waivers for Small Businesses: See web site at: https://www.epa.gov/pria-fees/pria-fee-waivers-small-businesses


[Federal Register: October 7, 2008 (Volume 73, Number 195)]
[Notices]
[Page 58579-58580]
[DOCID:fr07oc08-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12569-001]

Public Utility District No. 1 of Okanogan County; Notice of
Soliciting Additional Study Requests

October 1, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Major License.
    b. Project No.: P-12569-001.
    c. Date filed: August 22, 2008.
    d. Applicant: Public Utility District No. 1 of Okanogan County.
    e. Name of Project: Enloe Hydroelectric Project.
    f. Location: On the Similkameen River, near the Town of Oroville,
Okanogan County, Washington. The project occupies about 35.47 acres of
federal lands under the jurisdiction of the U.S. Bureau of Land
Management.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)--825(r).
    h. Applicant Contact: John R. Grubich, General Manager, Public
Utility District No. 1 of Okanogan County, P.O. Box 912, Okanogan,
Washington 98840,<PHONE_NUMBER>.
    i. FERC Contact: Dianne Rodman, 888 First Street, NE., Room 6B-02,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>and Kim
A. Nguyen, 888 First Street, NE., Room 63-11, Washington, DC 20426,
(202) 502-6105<EMAIL_ADDRESS>    j. Pursuant to Section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission, and serve a copy
of the request on the applicant.
    k. Deadline for filing additional study requests: October 31, 2008.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    Additional study requests may be filed electronically via the
Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's web site (http://www.ferc.gov) under the ``e-
Filing'' link.
    l. The application is not ready for environmental analysis at this
time.
    m. The Enloe Project would consist of: (1) An existing 315-foot-
long and 54-foot-high concrete gravity arch dam with an integrated 276-
foot-long central overflow spillway with 5-foot-high flashboards; (2)
an existing 76.6-acre reservoir (narrow channel of the Similkameen
River) with a storage capacity of 775 acre-feet at 1049.3 feet mean sea
level; (3) an 190-foot-long intake canal on the east abutment of the
dam diverting flows into the penstock intake structure; (4) a 35-foot-
long by 30-foot-wide penstock intake structure; (5) two above-ground
8.5-foot-diameter steel penstocks carrying flows from the intake to the
powerhouse; (6) a powerhouse containing two vertical Kaplan turbine/
generator units with a total installed capacity of 9.0 megawatts; (7) a
180-foot-long tailrace channel that would convey flows from the
powerhouse to the Similkameen River, downstream of the Similkameen
Falls; (8) a new substation adjacent to the powerhouse; (9) a new 100-
foot-long, 13.2-kilovolt primary transmission line from the substation
connecting to an existing distribution line; (10) new and upgraded
access roads, and (11) appurtenant facilities.

    The project is estimated to generate an average of 54 gigawatthours
annually.
    n. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-23621 Filed 10-6-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Notices]
[Page 76283]
[FR Doc No: 2015-30849]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14387-001]

Albany Engineering Corporation; Notice of Successive Preliminary
Permit Application Accepted for Filing and Soliciting Comments, Motions
To Intervene, and Competing Applications

    On September 22, 2015, Albany Engineering Corporation filed an
application for a successive preliminary permit, pursuant to section
4(f) of the Federal Power Act (FPA), proposing to study the feasibility
of hydropower at the New York State Canal Corporation's Lock C1 Dam
located on the Hudson River in Saratoga and Rensselaer Counties, New
York. The sole purpose of a preliminary permit, if issued, is to grant
the permit holder priority to file a license application during the
permit term. A preliminary permit does not authorize the permit holder
to perform any land-disturbing activities or otherwise enter upon lands
or waters owned by others without the owners' express permission.
    The proposed Waterford Hydroelectric Project would consist of the
following: (1) An existing 672-foot-long and 15-foot-high ogee-shaped
concrete gravity dam with a 356-foot-long tainter-gated structure
forming the eastern portion of the dam; (2) an existing impoundment
having a surface area of 400 acres and a storage capacity of 5,000
acre-feet at the spillway crest elevation of 28.3 feet National
Geodetic Vertical Datum; (3) either a new powerhouse at the east end of
the dam with two identical turbine generator units with a total
installed capacity of 10.2 megawatts (MW) (Scenario 1), or two new
identical modular floating barge-type structures at the west end of the
tainter gates housing 18 turbine-generator units with a total installed
capacity of 4.0 MW (Scenario 2); (4) a proposed 10,000-foot-long, 34.5-
kilovolt transmission line; and (5) appurtenant facilities. The
proposed project would have an annual generation of 39,000 megawatt-
hours (MWh) (Scenario 1) or 12,000 MWh (Scenario 2).
    Applicant Contact: Wendy Jo Carey, Albany Engineering Corporation,
5 Washington Square, Albany, NY 12205; phone:<PHONE_NUMBER>.
    FERC Contact: Monir Chowdhury; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-14387-001.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14387) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: December 2, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-30849 Filed 12-7-15; 8:45 am]
 BILLING CODE 6717-01-P