[Federal Register Volume 85, Number 72 (Tuesday, April 14, 2020)]
[Notices]
[Pages 20699-20700]
[FR Doc No: 2020-07846]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4485-DR; Docket ID FEMA-2020-0001]

Texas; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Texas (FEMA-4485-DR), dated March 25, 2020,
and related determinations.

DATES: The declaration was issued March 25, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 25, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the emergency conditions in the State of
Texas resulting from the Coronavirus Disease 2019 (COVID-19)
pandemic beginning on January 20, 2020,

and continuing, are of sufficient severity and magnitude to warrant
a major disaster declaration under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''). Therefore, I declare that such a major disaster
exists in the State of Texas.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance limited to
the Crisis Counseling Program and assistance for emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program throughout the
State. Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, George A. Robinson, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.

    The following areas of the State of Texas have been designated as
adversely affected by this major disaster:

    Individual Assistance limited to the Crisis Counseling Program
in all areas in the State of Texas.
    Emergency protective measures (Category B) not authorized under
other Federal statutes, including direct Federal assistance, under
the Public Assistance program at 75 percent federal funding for all
areas in the State of Texas.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-07846 Filed 4-13-20; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Proposed Rules]
[Pages 45475-45477]
[FR Doc No: 2011-19162]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0758 Airspace Docket No. 11-AAL-11]

Proposed Amendment of Class E Airspace; Northway, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to revise Class E airspace at Northway
AK. The amendment of one standard instrument approach procedure at the
Northway Airport has made this action necessary to enhance safety and
management of Instrument Flight Rules (IFR) operations.

DATES: Comments must be received on or before September 12, 2011.

ADDRESSES: Send comments on the proposal to the Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2011-0758/Airspace Docket
No. 11-AAL-11 at the beginning of your comments. You may also submit
comments on the Internet at http://www.regulations.gov. You may review
the public docket containing the proposal, any comments received, and
any final disposition in person in the Dockets Office between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527) is on the plaza level of the
Department of Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business
hours at the office of the Manager, Safety, Alaska Flight Service
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Martha Dunn, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/fs/alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2011-0758/
Airspace Docket No. 11-AAL-11.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this notice may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration, Office of
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW.,
Washington, DC 20591 or by calling<PHONE_NUMBER>. Communications must
identify both docket numbers for this notice. Persons interested in
being placed on a mailing list for future NPRMs should contact the
FAA's Office of Rulemaking,<PHONE_NUMBER>, to request a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.

The Proposal

    This action proposes to amend Title 14 Code of Federal Regulations
(14 CFR) part 71 by revising the Class E2 surface area and the Class E5
transitions areas at the Northway Airport in Northway, AK, to
accommodate the revision of the RNAV (GPS) Runway 23 instrument
approach procedure at the Northway Airport. This Class E airspace would
provide adequate controlled airspace upward from the surface (E2) to
700 feet and 1,200 feet (E5) above the surface, for the safety and
management of IFR operations at the Northway Airport.
    The Class E2 airspace designated as surface areas and the Class E5
airspace designated as 700/1200 foot transition areas are published in
paragraphs 6002 and 6005, respectively, in FAA Order 7400.9U, Airspace
Designations and Reporting Points, signed August 18, 2010, and
effective September 15, 2010, which is incorporated by reference in 14
CFR 71.1. The airspaces listed in this document would be subsequently
published in that Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(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);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Because this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it proposes to revise Class E airspace at the Northway Airport,
Northway, AK, and represents the FAA's continuing effort to safely and
efficiently use the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, signed August 18, 2010, and effective September 15,
2010, is to be amended as follows:
* * * * *

Paragraph 6002 Class E airspace designated as surface areas.

* * * * *

AAL AK E2 Northway, AK [Revised]

Northway Airport, AK
    (Lat. 62[deg]57'40'' N., long. 141[deg]55'41'' W.)
Northway VORTAC
    (Lat. 62[deg]56'50'' N., long. 141[deg]54'46'' W.)

    Within a 4-mile radius of the Northway Airport, AK and within 2
miles each side of the 077[deg] radial from the Northway Airport, AK
extending from the 4-mile radius to 12.7 miles east of the Northway
Airport, AK and within 3.1 miles each side of the 312[deg] radial
from the Northway VORTAC extending from the 4-mile radius to 11.4
miles northwest of the Northway Airport, AK.
* * * * *

Paragraph 6005 Class E airspace extending upward from 700 feet or
more above the surface of the earth.

* * * * *

AAL AK E5 Northway AK [Revised]

Northway Airport, AK
    (Lat. 62[deg]57'40'' N., long. 141[deg]55'41'' W.)
Northway VORTAC
    (Lat. 62[deg]56'50'' N., long. 141[deg]54'46'' W.)

    That airspace extending upward from 700 feet above the surface
within an 8-mile radius of the Northway Airport, AK and within 2
miles each side of the 077[deg] radial from the Northway Airport, AK
extending from the 8-mile radius to 13.7 miles east of the

Northway Airport, AK, and that airspace extending upward from 1,200
feet above the surface within a 66-mile radius of the Northway
Airport, AK, excluding the airspace east of 141[deg]00'00'' west
longitude.

    Issued in Anchorage, AK, on July 22, 2011.
Marshall G. Severson,
Acting Manager, Alaska Flight Services.
[FR Doc. 2011-19162 Filed 7-28-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Proposed Rules]
[Pages 86073-86080]
[FR Doc No: 2023-24306]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1993; Project Identifier AD-2023-00129-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2020-03-20, which applies to certain The Boeing Company Model MD-11,
MD-11F, and 717-200 airplanes, all Model 737-8 and 737-9 airplanes, all
Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes,
certain Model 747-400 and 747-400F series airplanes, certain Model 757
and 767 airplanes, and all Model 777 airplanes. AD 2020-03-20 requires
revising the existing airplane flight manual (AFM) to include a
limitation to prohibit operations that require less than 0.3 required
navigational performance (RNP) within a specified area for airplanes
having a certain multi-mode receiver (MMR) with certain software
installed. Since the FAA issued AD 2020-03-20, the agency received
reports from Boeing of simultaneous MMR resets related to an error in
calculating Coordinated Universal Time (UTC). This proposed AD would
continue to require the actions in AD 2020-03-20 and would also require
installing certain MMR operational software (OPS). The FAA is proposing
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 26,
2024.

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 regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1993; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; website myboeingfleet.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov by searching for and locating Docket No. FAA-2023-1993.

FOR FURTHER INFORMATION CONTACT: Jeffrey W. Palmer, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 562-
627-5351; [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1993; Project Identifier
AD-2023-00129-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Jeffrey W. Palmer, Aviation Safety Engineer, FAA, 2200 South 216th St.,
Des Moines, WA 98198; phone:<PHONE_NUMBER>; [email protected].
Any commentary that the FAA receives that is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    The FAA issued AD 2020-03-20, Amendment 39-19844 (85 FR 8717,
February 18, 2020) (AD 2020-03-20), for The Boeing Company Model MD-11
and MD-11F airplanes modified by supplemental type certificate (STC)
ST01895WI; Model 717-200 airplanes modified by STC ST04416AT; all Model
737-8 and 737-9 airplanes; all Model 737-600, -700, -700C, -800, -900,
and -900ER series airplanes; Model 747-400 and 747-400F series
airplanes modified by STC ST01892WI; Model 757-200, -200PF, -200CB, and
-300 series airplanes modified by STC ST04436AT; Model 767-200, -300, -
300F, -400ER, and -2C series airplanes modified by STC ST04436AT or
ST01883WI; and all Model 777-200, -200LR, -300, -300ER, and 777F series
airplanes.
    AD 2020-03-20 was prompted by reports of the loss of global
positioning system (GPS) data or degraded GPS positional accuracy while
using a certain MMR with certain Collins MMR software installed. When
an airplane is within a specific geographic region, the software is
failing to map the computed ionospheric pierce point to the correct
hemisphere. As a result, AD 2020-03-20 requires airplanes with a
certain MMR with certain software installed to revise the existing AFM
to include a limitation to prohibit operations that require less than
0.3 RNP within the specified geographic area. The agency issued AD
2020-03-20 to address the loss of GPS data and degraded GPS positional
accuracy, which, during a high-precision approach with this GPS error,
could result in controlled flight into terrain.

Actions Since AD 2020-03-20 Was Issued

    Since the FAA issued AD 2020-03-20, the FAA received reports from
Boeing indicating there is an MMR software error that results in an MMR
reset after a leap-second, which is occasionally applied to UTC. If the
software calculation error occurs on all MMRs that are powered on at
that time, there could be simultaneous loss of all MMR-based functions
on all affected airplanes. If an affected airplane is in flight phase
when this calculation error occurs, the loss of all MMR functions would
result in increased flightcrew workload, as the flightcrew would reduce
automation and switch to operating under visual flight rules, which
requires contacting air traffic control (ATC) for direction and
support. In the event of multiple airplanes simultaneously experiencing
loss of MMR function in instrument meteorological conditions during
landing or takeoff, this would result in increased ATC workload and
consequent reduction in airplane spacing, which could result in a mid-
air collision.
    In addition, Boeing has developed new software that addresses both
the unsafe condition identified in AD 2020-03-20 (software that fails
to map the computed ionospheric pierce point to the correct hemisphere)
and the additional unsafe condition identified in this proposed AD
(software error that results in an MMR reset after a leap-second).
Installing the new software would eliminate the need for the AFM
revision required by AD 2020-03-20.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
conditions described previously are likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following Boeing requirements bulletins:
     Boeing Alert Requirements Bulletin 737-34A3572 RB, dated
October 15, 2020.
     Boeing Alert Requirements Bulletin 737-34A3573 RB, dated
August 5, 2020.
     Boeing Alert Requirements Bulletin 777-34A0385 RB,
Revision 1, dated March 8, 2021.
    This service information specifies procedures for installation of
MMR OPS part number (P/N) COL4C-0087-0003 (or later-approved software
P/N) in MMR 1 and MMR 2, installation of MMR option selection software
(OSS) P/N BCG27-U000-0730 or BCG48-U000-05W9, and software
configuration checks. This service information also specifies taking
concurrent actions, including replacement of MMRs, replacement of GPS
antennas, and installation of additional software.
    These documents are distinct since they apply to different airplane
models and configurations. 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.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all requirements of AD 2020-03-20.
This proposed AD would also require accomplishing the actions specified
in the service information described previously, except as discussed
under ``Differences Between this Proposed AD and the Service
Information.'' For information on the procedures and compliance times,
see this service information at regulations.gov by searching for and
locating Docket No. FAA-2023-1993. For airplanes for which the service
information is not applicable, this proposed AD would require
installing MMR OPS P/N COL4C-0087-0003 (or later-approved software
version) and conducting a software configuration check, both of which
must be done in accordance with a method approved by the Manager, AIR-
520, Continued Operational Safety Branch, FAA.

Differences Between This Proposed AD and the Service Information

    Where the service information specifies installing MMR OSS P/N
BCG27-U000-0730 or BCG48-U000-05W9, this proposed AD would not require
that action. Those MMR OSS part numbers are not used to calculate
position nor time functions; therefore, the installation of those MMR
OSS part numbers is not required for addressing the unsafe condition.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 409 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                              Cost per          Cost on U.S.
              Action                      Labor cost         Parts cost        product           operators
----------------------------------------------------------------------------------------------------------------
AFM revision (retained action from  1 work-hour x $85 per              $0             $85  $34,765.
 AD 2020[dash]03[dash]20).           hour = $85.
Software installation and check     2 work-hours x $85                265             435  $177,915.
 (new proposed action).              per hour = $170.
Concurrent actions................  5 work-hours x $85 =              795           1,220  Up to $498,980.*
                                     $425.
----------------------------------------------------------------------------------------------------------------
* Not all airplanes would be required to do the concurrent actions. However, the FAA does not have an estimate
  of how many airplanes are in a configuration that would require concurrent actions.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA has determined that this proposed AD would not have
federalism implications under Executive Order

13132. This proposed AD would not have a substantial direct effect on
the States, on the relationship between the national Government and the
States, or on the distribution of power and responsibilities among the
various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-03-20, Amendment 39-19844
(85 FR 8717, February 18, 2020), and
0
b. Adding the following new AD:

The Boeing Company: Docket No. FAA-2023-1993; Project Identifier AD-
2023-00129-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 26, 2024.

(b) Affected ADs

    This AD replaces AD 2020-03-20, Amendment 39-19844 (85 FR 8717,
February 18, 2020) (AD 2020-03-20).

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in
any category, as identified in paragraphs (c)(1) through (9) of this
AD.
    (1) Model MD-11 and MD-11F airplanes modified by supplemental
type certificate (STC) ST01895WI.
    (2) Model 717-200 airplanes modified by STC ST04416AT.
    (3) All Model 737-8 and 737-9 airplanes.
    (4) All Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes.
    (5) Model 747-400 and 747-400F series airplanes modified by STC
ST01892WI.
    (6) Model 757-200, -200PF, -200CB, and -300 series airplanes
modified by STC ST04436AT.
    (7) Model 767-200, -300, -300F, -400ER, and -2C series airplanes
modified by STC ST04436AT or ST01883WI.
    (8) All Model 777-200, -200LR, -300, and -300ER series
airplanes.
    (9) All Model 777F series airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by reports of the loss of global
positioning system (GPS) data or degraded GPS positional accuracy
and additional reports of an error in calculating Coordinated
Universal Time (UTC) while using a certain multi-mode receiver (MMR)
with certain software installed. The FAA is issuing this AD to
address loss of GPS data and degraded GPS positional accuracy,
which, during a high-precision approach with this GPS error, could
result in controlled flight into terrain, and to address UTC
calculation errors that could result in simultaneous MMR resets on
multiple airplanes, increased air traffic control workload, and
consequent reduction in airplane separation and potential for mid-
air collision.

(f) Compliance

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

(g) Retained Airplane Flight Manual (AFM) Revision, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2020-03-20, with no changes. For airplanes equipped with Collins
GLU-2100 MMR, part number (P/N) 822-2532-100, having any applicable
GLU-2100 operational software (OPS) identified in figure 1 to
paragraph (g) of this AD installed: At the applicable time specified
in paragraphs (g)(1) and (2) of this AD, revise the limitations or
certificate limitations section, as applicable, of the existing AFM
to include the information specified in figure 2 to paragraph (g) of
this AD and revise the procedures or normal procedures section, as
applicable, of the existing AFM to include the information specified
in figure 3 to paragraph (g) of this AD. This may be done by
inserting a copy of figures 2 and 3 to paragraph (g) of this AD into
the existing AFM.
    (1) For Model 737-8 and 737-9 airplanes: Before further flight.
    (2) For all airplanes except Model 737-8 and 737-9 airplanes:
Within 7 days after February 18, 2020 (the effective date of AD
2020-03-20).
BILLING CODE 4910-13-P

Figure 1 to Paragraph (g)--Affected OPS Software
[GRAPHIC] [TIFF OMITTED] TP12DE23.003

Figure 2 to Paragraph (g)--AFM--Limitations or Certificate Limitations
[GRAPHIC] [TIFF OMITTED] TP12DE23.004

Figure 2 to Paragraph (g)--AFM--Limitations or Certificate Limitations
Continued
[GRAPHIC] [TIFF OMITTED] TP12DE23.005

Figure 3 to Paragraph (g)--AFM--Procedures or Normal Procedures
[GRAPHIC] [TIFF OMITTED] TP12DE23.006

BILLING CODE 4910-13-C

(h) Software Installation for Certain Airplanes

    For airplanes identified in paragraphs (h)(1) through (7) of
this AD: Within 12 months after the effective date of this AD,
install MMR OPS P/N COL4C-0087-0003, or later-approved software
version, and do a software configuration check to confirm that P/N
COL4C-0087-0003 or later-approved software version is installed.
Both the installation and the check must be done in accordance with
a method approved by the Manager, AIR-520, Continued Operational
Safety Branch, FAA. Later-approved software versions are those
Boeing software versions that are approved as a replacement for MMR
OPS P/N COL4C-0087-0003 and are approved as part of the type design
by the FAA or by The Boeing Company Organization Designation
Authorization (ODA).
    (1) Model MD-11 and MD-11F airplanes modified by STC ST01895WI.
    (2) Model 717-200 airplanes modified by STC ST04416AT.
    (3) Model 737-600, -700, -700C, -800, and -900 series airplanes.
    (4) Model 747-400 and 747-400F series airplanes modified by STC
ST01892WI.
    (5) Model 757-200, -200PF, -200CB, and -300 series airplanes
modified by STC ST04436AT.
    (6) Model 767-200, -300, -300F, -400ER, and -2C series airplanes
modified by STC ST04436AT or ST01883WI.
    (7) Model 777-200, -200LR, and -300 series airplanes.

(i) Software Installation for Certain Other Airplanes

    For Model 737-8 and -9 airplanes, Model 737-900ER series
airplanes, and Model 777-300ER and 777F series airplanes: Within 12
months after the effective date of this AD, except as specified in
paragraph (j) of this AD, do all applicable actions identified in,
and in accordance with, the Accomplishment Instructions of the
applicable requirements bulletin identified in paragraphs (i)(1)
through (3) of this AD.
    (1) For Model 737-8 and -9 airplanes: Boeing Alert Requirements
Bulletin 737-34A3572 RB, dated October 15, 2020.
    Note 1 to paragraph (i)(1): Guidance for accomplishing the
actions required by paragraph (i)(1) of this AD can be found in
Boeing Alert Service Bulletin 737-34A3572, dated October 15, 2020,
which is referred to in Boeing Alert Requirements Bulletin 737-
34A3572 RB, dated October 15, 2020.
    (2) For Model 737-900ER series airplanes: Boeing Alert
Requirements Bulletin 737-34A3573 RB, dated August 5, 2020.
    Note 2 to paragraph (i)(2): Guidance for accomplishing the
actions required by paragraph (i)(2) of this AD can be found in
Boeing Alert Service Bulletin 737-34A3573, dated August 5, 2020,
which is referred to in Boeing Alert Requirements Bulletin 737-
34A3573 RB, dated August 5, 2020.
    (3) For Model 777-300ER and 777F series airplanes: Boeing Alert
Requirements Bulletin 777-34A0385 RB, Revision 1, dated March 8,
2021.
    Note 3 to paragraph (i)(3): Guidance for accomplishing the
actions required by paragraph (i)(3) of this AD can be found in
Boeing Alert Service Bulletin 777-34A0385, Revision 1, dated March
8, 2021, which is referred to in Boeing Alert Requirements Bulletin
777-34A0385 RB, Revision 1, dated March 8, 2021.

(j) Exceptions to Service Information Specifications

    Where the requirements bulletins identified in paragraphs (i)(1)
through (3) of this AD specify installing MMR option selection
software (OSS) P/N BCG27-U000-0730 or BCG48-U000-05W9 and doing the
associated software configuration check, this AD does not require
those actions.

(k) Terminating Action

    After accomplishing the actions required by paragraph (h) or (i)
of this AD, as applicable, you may remove the AFM revision required
by paragraph (g) of this AD.

(l) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (i)(3) of this AD, if the actions were performed before
the effective date of this AD using Boeing Alert Requirements
Bulletin 777-34A0385 RB, dated August 7, 2020.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520, Continued Operational Safety Branch,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or
responsible Flight Standards Office, as appropriate. If sending
information directly to the manager of the certification office,
send it to the attention of the person identified in paragraph
(n)(1) of this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards 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 Company ODA that has been authorized
by the Manager, AIR-520, Continued Operational Safety Branch, FAA,
to make those findings. To be approved, the repair method,
modification deviation, or alteration deviation must meet the
certification basis of the airplane, and the approval must
specifically refer to this AD.

(n) Related Information

    (1) For more information about this AD, contact Jeffrey W.
Palmer, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone:<PHONE_NUMBER>; [email protected].

    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (o)(3) and (4) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 737-34A3572 RB, dated
October 15, 2020.
    (ii) Boeing Alert Requirements Bulletin 737-34A3573 RB, dated
August 5, 2020.
    (iii) Boeing Alert Requirements Bulletin 777-34A0385 RB,
Revision 1, dated March 8, 2021.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; website myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on October 4, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-24306 Filed 12-11-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 27, 2008 (Volume 73, Number 167)]
[Notices]
[Page 50608]
[DOCID:fr27au08-32]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL08-81-000]

Judith Gap Energy LLC and Northwestern Corporation; Notice of
Filing

August 20, 2008.
    Take notice that on August 12, 2008, Judith Gap Energy LLC (Judith
Gap) and Northwestern Corporation (Northwestern) filed a petition for
declaratory order requesting the Commission to determine whether Judith
Gap, pursuant to terms of its executed Large Generator Interconnection
Agreement (LGIA) with Northwestern is entitled to Network Resource
Interconnection Service for up to 188 MW, notwithstanding that Judith
Gap, to date, has placed into commercial operation 135 MW of the total
188 MW contemplated under the LGIA.
    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. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on September 11, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-19811 Filed 8-26-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 246 (Monday, December 23, 2013)]
[Notices]
[Pages 77519-77523]
[FR Doc No: 2013-30443]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71092; File No. SR-ISE-2013-61]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Back-Up Trading Arrangements

December 17, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on December 5, 2013, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (``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.
---------------------------------------------------------------------------

    \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 adopt a rule that will permit ISE to enter
into arrangements with one or more other exchanges that would provide
trading facilities for ISE listed options at another exchange in the
event that the functions of ISE are severely and adversely affected by
an emergency or extraordinary circumstances (a ``Disabling Event''),
and similarly provide trading facilities at ISE for another exchange to
trade its listed options if that exchange's facility experiences a
Disabling Event. The Exchange also proposes to adopt a rule addressing
general Exchange procedures under emergency conditions.
    The text of the proposed rule change is available on the Exchange's
Internet Web site at http://www.ise.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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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
Introduction
    The Exchange proposes to adopt new Rule 508 (Back-Up Trading
Arrangements), which would permit ISE to enter into arrangements with
one or more other exchanges (each a ``Back-up Exchange'') to permit ISE
and its members to use a portion of a Back-up Exchange's facilities to
conduct the trading of ISE exclusively listed

options \3\ in the event of a Disabling Event, and similarly to will
[sic] permit ISE to provide trading facilities at ISE for another
exchange's exclusively listed options if that exchange (a ``Disabled
Exchange'') is prevented from trading due to a Disabling Event.
Proposed Rule 508 would also permit ISE to enter into arrangements with
a Back-up Exchange to provide for the listing and trading of ISE singly
listed options \4\ by the Back-up Exchange if ISE's facility becomes
disabled, and conversely provide for the listing and trading by ISE of
the singly listed options of a Disabled Exchange.
---------------------------------------------------------------------------

    \3\ For purposes of ISE Rule 508, the term ``exclusively listed
option'' means an option that is listed exclusively by an exchange
(because the exchange has an exclusive license to use, or has
proprietary rights in, the interest underlying the option).
    \4\ For purposes of proposed Rule 508, the term ``singly listed
option'' means an option that is not an ``exclusively listed
option'' but that is listed by an exchange and not by any other
national securities exchange.
---------------------------------------------------------------------------

    The Exchange also proposes an amendment to its Fee Schedule to
address the fees that shall apply to transactions in options of a
Disabled Exchange effected on a Back-up Exchange. Additionally, the
Exchange proposes to adopt a new Rule 509, which addresses Exchange
procedures under emergency conditions and is similar to rules that have
been adopted by another exchange.\5\
---------------------------------------------------------------------------

    \5\ See Chicago Board Options Exchange (``CBOE'') Rule 6.17.
---------------------------------------------------------------------------

Background
    The back-up trading arrangements contemplated by proposed Rule 508
represent ISE's immediate plan to ensure that ISE's exclusively listed
and singly listed options will have a trading venue if a catastrophe
renders its primary facility inaccessible or inoperable. The Commission
has suggested measures that ISE should undertake to expedite reopening
of ISE's exclusively listed securities if a catastrophic event prevents
trading at ISE for an extended period of time. Proposed Rule 508 would
permit ISE to enter into back-up trading arrangements with other
exchanges that would address the measures suggested by the Commission.
    The ISE is currently working with the Philadelphia Stock Exchange
(``Phlx'') to develop a bi-lateral back-up trading arrangement in the
event that trading is prevented at one of the exchanges. Once the
parties execute the finalized agreement governing the back-up trading
arrangement, they will enter into an operational plan for those
arrangements.
Proposed Rule 508
If ISE Is the Disabled Exchange
    The Exchange proposes to adopt Rule 508 to make effective its back-
up trading arrangement with another exchange. Section (a) of proposed
Rule 508 describes the back-up trading arrangements that would apply if
ISE were the Disabled Exchange. Under the proposed paragraph
(a)(1)(ii), the facility of the Back-up Exchange used by ISE to trade
some or all of ISE's exclusively listed options will be deemed to be a
facility of ISE, and such option classes shall trade as listings of
ISE. This approach of deeming a portion of the Back-up Exchange's
facilities to be a facility of the Disabled Exchange is an approach
previously approved by the Commission.\6\
---------------------------------------------------------------------------

    \6\ See Securities and Exchange Commission Release Nos. 51717
(May 19, 2005), 70 FR 30160 (May 25, 2005) (SR-CBOE-2004-59); 51926
(June 27, 2005), 70 FR 38232 (July 1, 2005) (SR-PHLX-2004-65).
---------------------------------------------------------------------------

    Since the trading of ISE exclusively listed options will be
conducted using the systems of the Back-up Exchange, proposed paragraph
(a)(1)(iii) provides that the trading of ISE listed options on ISE's
facility at the Back-up Exchange shall be conducted in accordance with
the rules of the Back-up Exchange, and proposed paragraph (a)(1)(iv)
provides that the Back-up Exchange has agreed to perform the related
regulatory functions with respect to such trading, in each case except
as ISE and the Back-up Exchange may specifically agree otherwise.\7\
The Back-up Exchange rules that govern trading on ISE's facility at the
Back-up Exchange shall be deemed to be ISE rules for purposes of such
trading.
---------------------------------------------------------------------------

    \7\ ISE's proposed back-up trading arrangements contemplate that
the operation of the Disabled Exchange's facility at the Back-up
Exchange will be conducted in accordance with the rules of the Back-
up Exchange except that (i) the rules of the Disabled Exchange will
apply with respect to doing business with the public, margin
requirements, net capital requirements and listing requirements, and
(ii) the members of the Disabled Exchange that are trading on the
facility of the Disabled Exchange at the Back-up Exchange (not
including members of the Back-up Exchange who become temporary
members of the Disabled Exchange) will be subject to the rules of
the Disabled Exchange governing or applying to the maintenance of a
person's or a firm's status as a member of the Disabled Exchange.
The Commission approved a similar arrangement between CBOE and Phlx.
See supra note 4.
---------------------------------------------------------------------------

    Under proposed paragraph (a)(1)(v), ISE shall have the right to
designate its members that will be authorized to trade ISE exclusively
listed options on ISE's facility at the Back-up Exchange and, if
applicable, its member(s) that will be a Primary Market Maker (``PMM'')
or Competitive Market Maker (``CMM'') in those options. If the Back-up
Exchange is unable to accommodate all ISE members that desire to trade
on ISE's facility at the Back-up Exchange, ISE may determine which
members shall be eligible to trade at that facility by considering
factors such as whether the member is a PMM or CMM in the applicable
product(s), the number of contracts traded by the member in the
applicable product(s), market performance, and other factors relating
to a member's contribution to the market in the applicable product(s).
    Under proposed paragraph (a)(1)(vi), members of the Back-up
Exchange shall not be authorized to trade in any ISE exclusively listed
options, except that (i) ISE may deputize willing brokers of the Back-
up Exchange as temporary ISE members to permit them to execute orders
as Electronic Access Members (``EAMs'') in ISE exclusively listed
options traded on ISE's facility at the Back-up Exchange,\8\ and (ii)
the Back-up Exchange has agreed that it will, at the instruction of
ISE, select members of the Back-up Exchange that are willing to be
deputized by ISE as temporary ISE members authorized to trade ISE
exclusively listed options on ISE's facility at the Back-up Exchange
for such period of time following a Disabling Event as ISE determines
to be appropriate, and ISE may deputize such members of the Back-up
Exchange as temporary ISE members for that purpose. The foregoing
exceptions would permit members of the Back-up Exchange to trade ISE
exclusively listed options on the ISE facility on the Back-up Exchange,
if, for example, circumstances surrounding a Disabling Event result in
ISE members being delayed in connecting to the Back-up Exchange in time
for prompt resumption of trading.
---------------------------------------------------------------------------

    \8\ CBOE and Phlx received approval to deputize its brokers in
this manner. See supra note 6.
---------------------------------------------------------------------------

    Section (a)(2) of the proposed rule provides for the continued
trading of ISE singly listed options at the Back-up Exchange in the
event of a Disabling Event at ISE. Proposed paragraph (a)(2)(ii)
provides that ISE may enter into arrangements with a Back-up Exchange
under which the Back-up Exchange will agree, in the event of a
Disabling Event, to list for trading option classes that are then
singly listed only by ISE. Such option classes would trade on the Back-
up Exchange as listings of the Back-up Exchange and in accordance with
the rules of the Back-up Exchange. Under proposed paragraph
(a)(2)(iii), any such options class listed by the Back-up Exchange that
does not satisfy the standard listing and maintenance criteria of the
Back-up

Exchange will be subject, upon listing by the Back-up Exchange, to
delisting (and, thus, restrictions on opening new series, and engaging
in opening transactions in those series with open interest, as may be
provided in the rules of the Back-up Exchange).
    ISE singly listed option classes would be traded by members of the
Back-up Exchange and by ISE members selected by ISE to the extent the
Back-up Exchange can accommodate ISE members in the capacity of
temporary members of the Back-up Exchange. If the Back-up Exchange is
unable to accommodate all ISE members that desire to trade ISE singly
listed options at the Back-up Exchange, ISE may determine which members
shall be eligible to trade such options at the Back-up Exchange by
considering the same factors used to determine which ISE members are
eligible to trade ISE exclusively listed options at the ISE facility at
the Back-up Exchange.
    Proposed Section (a)(3) provides that ISE may enter into
arrangements with a Back-up Exchange to permit ISE members to conduct
trading on a Back-up Exchange of some or all of ISE's multiply listed
options in the event of a Disabling Event. While continued trading of
multiply listed options upon the occurrence of a Disabling Event is not
likely to be as great a concern as the continued trading of exclusively
and singly listed options, ISE nonetheless believes a provision for
multiply listed options should be included in the rule so that the
exchanges involved will have the option to permit members of the
Disabled Exchange to trade multiply listed options on the Back-up
Exchange. Such options shall trade as a listing of the Back-up Exchange
in accordance with the rules of the Back-up Exchange.
If ISE is the Back-up Exchange
    Section (b) of proposed Rule 508 describes the back-up trading
arrangements that would apply if ISE were the Back-up Exchange. In
general, the provisions in Section (b) are the converse of the
provisions in Section (a). With respect to the exclusively listed
options of the Disabled Exchange, the facility of ISE used by the
Disabled Exchange to trade some or all of the Disabled Exchange's
exclusively listed options will be deemed to be a facility of the
Disabled Exchange, and such option classes shall trade as listings of
the Disabled Exchange. Trading of the Disabled Exchange's exclusively
listed options on the Disabled Exchange's facility at ISE shall be
conducted in accordance with ISE rules, and ISE will perform the
related regulatory functions with respect to such trading, in each case
except as the Disabled Exchange and ISE may specifically agree
otherwise. ISE rules that govern trading on the Disabled Exchange's
facility at ISE shall be deemed to be rules of the Disabled Exchange
for purposes of such trading.
    Sections (b)(2) and (b)(3) describe the arrangements applicable to
trading of the Disabled Exchange's singly and multiply listed options
at ISE, and are the converse of Sections (a)(2) and (a)(3). One
difference is in paragraph (b)(2)(i), which includes a provision that
would permit ISE to allocate singly listed option classes of the
Disabled Exchange to an ISE PMM in advance of a Disabling Event,
without utilizing the allocation process under ISE Rule 802, to enable
ISE to quickly list such option classes upon the occurrence of a
Disabling Event.
Member Obligations
    Section (c) describes the obligations of members and member
organizations with respect to the trading by ``temporary members'' on
the facilities of another exchange pursuant to Rule 508. Section (c)(1)
sets forth the obligations applicable to members of a Back-up Exchange
who act in the capacity of temporary members of the Disabled Exchange
on the facility of the Disabled Exchange at the Back-up Exchange.
    Section (c)(1) provides that a temporary member of the Disabled
Exchange shall be subject to, and obligated to comply with, the rules
that govern the operation of the facility of the Disabled Exchange at
the Back-up Exchange. This would include the rules of the Disabled
Exchange to the extent applicable during the period of such trading,
including the rules of the Disabled Exchange limiting its liability for
the use of its facilities that apply to members of the Disabled
Exchange. Additionally, (i) such temporary member shall be deemed to
have satisfied, and the Disabled Exchange has agreed to waive specific
compliance with, rules governing or applying to the maintenance of a
person's or a firm's status as a member of the Disabled Exchange,
including all dues, fees and charges imposed generally upon members of
the Disabled Exchange based on their status as such, (ii) such
temporary member shall have none of the rights of a member of the
Disabled Exchange except the right to conduct business on the facility
of the Disabled Exchange at the Back-up Exchange to the extent
described in the Rule, (iii) the member organization associated with
such temporary member, if any, shall be responsible for all obligations
arising out of that temporary member's activities on or relating to the
Disabled Exchange, and (iv) the clearing member of such temporary
member shall guarantee and clear the transactions of such temporary
member on the Disabled Exchange.
    Section (c)(2) sets forth the obligations applicable to members of
a Disabled Exchange who act in the capacity of temporary members of the
Back-up Exchange for the purpose of trading singly listed and multiply
listed options of the Disabled Exchange. Such temporary members shall
be subject to, and obligated to comply with, the rules of the Back-up
Exchange that are applicable to the Back-up Exchange's own members,
including the rules of the Back-up Exchange limiting its liability for
the use of its facilities that apply to members of the Back-up
Exchange. Temporary members of the Back-up Exchange have the same
obligations as those set forth in Section (c)(1) that apply to
temporary members of the Disabled Exchange, except that, in addition,
temporary members of the Back-up Exchange shall only be permitted (i)
to act in those capacities on the Back-up Exchange that are authorized
by the Back-up Exchange and that are comparable to capacities in which
the temporary member has been authorized to act on the Disabled
Exchange, and (ii) to trade in those option classes in which the
temporary member is authorized to trade on the Disabled Exchange.
Member Proceedings
    As noted above, proposed Rule 508 provides that the rules of the
Back-up Exchange shall apply to the trading of the singly and multiply
listed options of the Disabled Exchange traded on the Back-up
Exchange's facilities, and (with certain limited exceptions) the
trading of exclusively listed options of the Disabled Exchange traded
on the facility of the Disabled Exchange at the Back-up Exchange. The
Back-up Exchange has agreed to perform the related regulatory functions
with respect to such trading (except as the Back-up Exchange and the
Disabled Exchange may specifically agree otherwise).
    Section (d) of proposed Rule 508 provides that if a Back-up
Exchange initiates an enforcement proceeding with respect to the
trading during a back-up period of singly or multiply listed options of
the Disabled Exchange by a temporary member of the Back-up Exchange, or
exclusively listed options of the Disabled Exchange by a member of the
Disabled Exchange (other than a member of the Back-up Exchange who is a
temporary member of the Disabled

Exchange), and such proceeding is in process upon the conclusion of the
back-up period, the Back-up Exchange may transfer responsibility for
such proceeding to the Disabled Exchange following the conclusion of
the back-up period. This approach to the exercise of enforcement
jurisdiction is also consistent with past precedent.\9\
---------------------------------------------------------------------------

    \9\ CBOE and Phlx received approval to handle enforcement
jurisdiction in this manner. See supra note 6.
---------------------------------------------------------------------------

    With respect to arbitration jurisdiction, proposed Section (d)
provides that arbitration of any disputes with respect to any trading
during a back-up period of singly or multiply listed options of the
Disabled Exchange or of exclusively listed options of the Disabled
Exchange on the Disabled Exchange's facility at the Back-up Exchange
will be conducted in accordance with the rules of the Back-up Exchange,
unless the parties to an arbitration agree that it shall be conducted
in accordance with the rules of the Disabled Exchange.
Member Preparations
    To ensure that members are prepared to implement ISE's back-up
trading arrangements, proposed Section (e) requires ISE members to take
appropriate actions as instructed by ISE to accommodate ISE's back-up
trading arrangements with other exchanges and ISE's own back-up trading
arrangements.
Supplementary Material
    Proposed Supplementary Material .01 to Rule 508 clarifies that to
the extent Rule 508 provides that another exchange will take certain
action, the Rule is reflecting what that exchange has agreed to do by
contractual agreement with ISE, but Rule 508 is not binding on the
other exchange.
Fee Schedule
    The Exchange proposes to add a new section to its fee schedule to
inform its members regarding what fees will apply to transactions in
the listed options of a Disabled Exchange effected on a Back-up
Exchange under Rule 508. The new section provides that if ISE is the
Disabled Exchange, the Back-up Exchange has agreed to apply the per
contract and per contract side fees in the ISE fee schedule to
transactions in ISE exclusively listed options trading on the ISE
facility on the Back-up Exchange. If any other ISE listed options are
traded on the Back-up Exchange (such as ISE singly listed options that
are listed by the Back-up Exchange) pursuant to ISE Rule 508, the fee
schedule of the Back-up Exchange shall apply to such trades. The new
section contains a second paragraph stating the converse if ISE is the
Back-up Exchange under Rule 508.
Proposed Rule 509
    The Exchange proposes to adopt a general emergency rule in proposed
Rule 509. Although not directly required for the implementation of the
back-up trading arrangements, the Exchange believes that it is
appropriate to adopt such a rule in conjunction with implementing the
back-up trading arrangements. Currently, there is no Exchange rule that
grants specific authority in an emergency to any person or persons to
take all actions necessary or appropriate for the maintenance of a fair
and orderly market or the protection of investors.
 2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder, including the
requirements of Section 6(b) of the Act. In particular, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) of the Act,\10\ in that it is designed to perfect the mechanism
of a free and open market and to protect investors and the public
interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The ISE believes that it is important that it develop back-up
trading arrangements in order to minimize the potential disruption and
market impact that a Disabling Event could cause. The proposed rule
changes are designed to address the key elements necessary to mitigate
the effects of a Disabling Event affecting the Exchange, minimize the
impact of such an event on market participants, and provide for a
liquid and orderly marketplace for securities listed and traded on the
Exchange if a Disabling Event occurs. In particular, the proposed rule
change is intended to ensure that ISE's exclusively listed and singly
listed products will have a trading venue in the event that trading at
ISE is prevented due to a Disabling Event. The Exchange believes that
having these back-up trading arrangements in place will minimize
potential disruptions to the markets and investors if a catastrophe
occurs that requires the Exchange's primary facility to be closed for
an extended period. Other options exchanges, such as the CBOE and Phlx,
have similar arrangements in place,\11\ and the Exchange believes that
it is important to the protection of investors and the public interest
that it also adopt rules that allow ISE exclusively and singly listed
options to continue to trade in the event of a Disabling Event. The
proposed rule change also provides authority for the ISE to provide a
back-up trading venue should another exchange be affected by a
Disabling Event, which will benefit the markets and investors if a
Disabling Event were to happen on another exchange that has entered
into a back-up trading arrangement with the ISE. Finally, the proposed
rule change grants authority to Exchange officials to take action under
emergency conditions, which should enable key actions to be taken by
ISE representatives in the event of a Disabling Event, and clarifies
the fees that will apply if these back-up trading arrangements are
invoked, which will reduce investor confusion and minimize the
disruption to investors associated with a Disabling Event.
---------------------------------------------------------------------------

    \11\ See supra notes 5 and 6.
---------------------------------------------------------------------------

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

    This proposed rule change does not impose any burden on intermarket
or intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act. As explained above, the
Exchange believes that it is important that it have back-up trading
arrangements in place in order to minimize the potential disruption and
market impact that a Disabling Event could cause. The proposed back-up
trading arrangements are not designed to have any competitive impact.

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

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

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 \12\ and Rule 19b-4(f)(6) thereunder.\13\
Because the 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, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of the
Exchange's 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.
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6)\15\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\16\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange stated that waiver of this requirement will allow
it to immediately enter into a back-up trading arrangement with another
exchange, which will enable market participants to continue to trade
exclusively and singly listed options of the ISE in the event of a
Disabling Event. The Exchange also stated that having this back-up
trading arrangement in place is important for the protection of
investors and the public interest because it will minimize potential
disruptions to the markets and investors that might otherwise occur if
the ISE experiences a Disabling Event. Based on the Exchange
representations above, and since the proposal is based, in part, on a
proposal submitted by the CBOE and approved by the Commission,\17\ the
Commission waives the 30-day operative delay requirement and designates
the proposed rule change as operative upon filing.\18\
---------------------------------------------------------------------------

    \17\ See supra note 5 and 6.
    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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) \19\
of the Act to determine whether the proposed rule should be approved or
disapproved.
---------------------------------------------------------------------------

    \19\ 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_ADDRESS>Please include
File Number SR-ISE-2013-61 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2013-61. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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; 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-ISE-2013-61 and should be
submitted on or before January 13, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Kevin M. O'Neill,
Deputy Secretary.
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2013-30443 Filed 12-20-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Notices]
[Pages 47147-47148]
[FR Doc No: 2018-20286]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-9982-87]

Access to Confidential Business Information by General Dynamics
Information Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has authorized its contractor, General Dynamics
Information Technology of Fairfax, VA, to access information which has
been submitted to EPA under all sections of the Toxic Substances
Control Act (TSCA). Some of the information may be claimed or
determined to be Confidential Business Information (CBI).

DATES: Access to the confidential data will occur no sooner than
September 25, 2018.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Scott Sherlock, Environmental
Assistance Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave. Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. This action may,
however, be of interest to all who manufacture, process, or distribute
industrial chemicals. Since other entities may also be interested, the
Agency has not attempted to describe all the specific entities that may
be affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2003-0004, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. What action is the agency taking?

    Under EPA contract number HHSN316201200013W, order number EP-G16H-
01256, contractor General Dynamics Information Technology of 3211
Jermantown Rd., Fairfax, VA will assist the Office of Research and
Development (ORD) and the Office of Pollution Prevention and Toxics
(OPPT) in support of Toxics Release Inventory updates; risk assessments
for both new and existing industrial chemicals; identifying chemicals
of interest in Screening Information Data Set (SIDSs); and support of
assessment/prioritization efforts for existing chemicals under the
Lautenberg Act and the Chemical Assessment and Management Plan (CHAMP).
    In accordance with 40 CFR 2.306(j), EPA has determined that under
EPA contract number HHSN316201200013W, order number EP-G16H-01256,
General Dynamics Information Technology will require

access to CBI submitted to EPA under all sections of TSCA to perform
successfully the duties specified under the contract. General Dynamics
Information Technology personnel will be given access to information
submitted to EPA under all sections of TSCA. Some of the information
may be claimed or determined to be CBI.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA may provide General Dynamics
Information Technology access to these CBI materials on a need-to-know
basis only. All access to TSCA CBI under this contract will take place
at EPA Headquarters and ORD's site located in Duluth, MN, in accordance
with EPA's TSCA CBI Protection Manual.
    Access to TSCA data, including CBI, will continue until January 31,
2023. If the contract is extended, this access will also continue for
the duration of the extended contract without further notice.
    General Dynamics Information Technology personnel will be required
to sign nondisclosure agreements and will be briefed on appropriate
security procedures before they are permitted access to TSCA CBI.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: August 30, 2018.
Pamela Myrick,
Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 2018-20286 Filed 9-17-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Notices]
[Pages 14450-14452]
[FR Doc No: 2012-5730]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66511; File No. SR-NSX-2012-04]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend the NSX Fee and Rebate Schedule

March 5, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 1, 2012, National Stock Exchange, Inc. filed with the
Securities and Exchange Commission (``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

    National Stock Exchange, Inc. (``NSX[supreg]'' or ``Exchange'') is
proposing to amend its Fee and Rebate Schedule (the ``Fee Schedule'')
issued pursuant to Exchange Rule 16.1(c) to adjust the rebates for
certain orders executed in the Exchange's Automatic Execution Mode,
amend the fee tiers for certain orders executed in the Exchange's Order
Delivery Mode, adjust the routing fee, and establish a fee for receipt
of the Exchange's Depth of Book feed.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nsx.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    With this rule change, the Exchange is proposing to modify the Fee
Schedule in four respects. First, the proposed rule change would amend
the rebates applicable to liquidity adding orders in securities priced
at least one dollar in the Exchange's Automatic Execution Mode of order
interaction (``AutoEx''). Second, the proposed rule change would amend
the rebate tiers applicable to orders in securities priced at least one
dollar in the Exchange's Order Delivery Mode of order interaction
(``Order Delivery''). Third, the proposed rule change would increase
the order routing fee from $0.0029 to $0.0030 per share. Finally, the
proposed rule change would establish a fee applicable to direct
recipients of the Exchange's Depth of Book (``DOB'') feed. Each of the
proposed changes is further addressed below.
Rebates for Securities Priced at Least One Dollar in AutoEx
    The proposed rule change proposes to modify the rebates applicable
to liquidity adding orders in securities priced one dollar or more in
AutoEx. These changes can be found in Section I of the Fee Schedule.
    Currently, for Tape A and C securities, the Exchange offers a
rebate in AutoEx for displayed orders that add liquidity based upon an
ETP Holder's Liquidity Adding ADV (as such term is defined in Endnote 3
of the Fee Schedule). For Tape A and C securities, the Exchange offers
per share rebates of $0.0026 or $0.0029 depending on whether the ETP
Holder has achieved a Liquidity Adding ADV of at least 10 million. For
Tape B securities, the Exchange currently offers a rebate of $0.0030
per share. The proposed rule change would eliminate all rebate volume
tiers in AutoEx and establish a flat $0.0026 rebate per share for
liquidity adding orders of securities of at least one dollar,
regardless of an ETP Holder's Liquidity Adding ADV or whether the
security is Tape A, B or C. Corresponding edits are made to Endnote 3
to reflect the elimination of the distinction between Tapes A, B and C
with respect to this rebate.
    For Zero Display Orders (as defined in Endnote 4 of the Fee
Schedule) that add liquidity in AutoEx, the Exchange currently offers a
rebate of $0.0025 per share if an ETP Holder's Total ADV (as defined in
Endnote 5 of the Fee Schedule) is at least 30 million and Liquidity
Adding ADV is at least 5 million. The proposed fee change would
eliminate this rebate altogether, such that there would be no rebate
associated with such orders. The defined term ``Total ADV'' would also
be deleted from Endnote 5 of the Fee Schedule as no longer utilized.
Rebates for Securities Priced at Least One Dollar in Order Delivery
    As reflected in Section II of the Fee Schedule, for all liquidity
adding displayed orders of securities priced at least one dollar in
Order Delivery, the Exchange currently offers a $0.0008 or $0.0024 per
share rebate depending on whether an ETP Holder's Liquidity Adding ADV
is between one and 5 million, or over 5 million, respectively. The
proposed rule filing would adjust these tiers and rebates such that an
$0.0008 per share rebate would apply to each Order Delivery displayed
order that adds liquidity where an ETP Holder's Liquidity Adding ADV is
less than 15 million, or a $0.0024 per share rebate would apply to each
such order where an ETP Holder's Liquidity Adding ADV is at least 15
million.
    In addition, for Zero Display Reserve Orders in Order Delivery of
securities priced at least one dollar, the current rebate tiers,
depending on Liquidity Adding ADV, of between $0.0008 and

$0.0012 is proposed to be eliminated. Thus, under the proposed rule
change, for such orders no rebate will apply.
Order Routing Fee
    Under Section IIIA of the Fee Schedule, the Exchange currently
charges a fee of $0.0029 per share for each order routed by the
Exchange and executed in another market center. The instant rule change
proposes to increase the routing fee to $0.0030 per share.
Depth of Book Feed Charge
    The Exchange is proposing to establish a monthly fee applicable to
each direct recipient of its DOB feed, payable in advance. Prior to the
effective date of the proposed rule change, NSX offered its DOB feed
free of charge.\3\ After the effective date, a monthly fee of $400 per
direct recipient will be charged.\4\ New text is proposed to be added
as Section IIIC of the Fee Schedule under the header ``Depth of Book
Feed'' to reflect this charge. This rule filing does not propose to
change or modify the form, content or transmission of the NSX DOB feed,
which except with respect to the proposed charge remains unchanged.
---------------------------------------------------------------------------

    \3\ See Securities and Exchange Release No. 34-66007 (December
20, 2011), 76 FR 81000 (December 27, 2011) (SR-NSX-2011-015).
    \4\ Direct recipients of the NSX DOB feed are firms that have
entered into a Market Data Feed License Agreement with the Exchange,
which agreement governs the terms of a firm's receipt, use and
dissemination of the feed. This agreement can be found on the
Exchange's Web site. See http://www.nsx.com/resources/content/2/4/documents/NSXDOBFeedSpecificationv111.pdf.
---------------------------------------------------------------------------

Rationale
    The Exchange has determined that the fee changes proposed above are
necessary to increase the revenues of the Exchange for the purposes of
continuing to adequately fund its regulatory and general business
functions and to enable the Exchange to continue to properly fulfill
its regulatory responsibilities. In addition, the modification of the
volume tiers for displayed orders in Order Delivery is intended to
simplify the incentives available to ETP Holders to increase the
available liquidity on the Exchange. The Exchange believes that the
proposed Depth of Book change would allow the Exchange to recoup some
of the expenses it incurs in developing and delivering the NSX DOB feed
to the public market. Other market centers charge similar or higher
rates for receipt of their proprietary data feeds.
    Based upon the information above, the Exchange believes that the
proposed rule change is consistent with the protection of investors and
the public interest.
Operative Date and Notice
    The Exchange currently intends to make the proposed modifications,
which are effective on filing of this proposed rule, operative as of
commencement of trading on March 1, 2012. Pursuant to Exchange Rule
16.1(c), the Exchange will ``provide ETP Holders with notice of all
relevant dues, fees, assessments and charges of the Exchange'' through
the issuance of a Regulatory Circular of the changes to the Fee
Schedule and will post a copy of the rule filing on the Exchange's Web
site (www.nsx.com).
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with the provisions of Section 6(b) of the Securities Exchange Act of
1934 \5\ (the ``Act''), in general, and Section 6(b)(4) of the Act,\6\
in particular in that each change is designed to provide for the
equitable allocation of reasonable dues, fees and other charges among
its members and other persons using the facilities of the Exchange.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    With respect to the proposed changes in Section I of the Fee
Schedule that establish a flat rebate for displayed orders, and
elimination of the rebate for Zero Display orders, of securities priced
at least one dollar in Auto Ex, such proposed changes are reasonable
because they are in the same range of rebates offered by other
exchanges.\7\ The proposed changes are equitably allocated and not
discriminatory as all qualified ETP Holders are eligible to submit (or
not submit) orders of this kind on the Exchange, and all ETP Holders
choosing to do so will be paid the same rebate.
---------------------------------------------------------------------------

    \7\ See CBOE Stock Exchange, Inc, Fee Schedule (http://www.cboe.com/publish/cbsxfeeschedule/cbsxfeeschedule.pdf) and New
York Stock Exchange (``NYSE'') Arca Fee Schedule (http://www.nyse.com/pdfs/NYSEArca_Equities_Fees.pdf).
---------------------------------------------------------------------------

    With respect to the changes in Section II that modify the rebates
received for displayed orders of securities priced at least one dollar
in Order Delivery, such proposed rebates are reasonable because they do
not adjust the dollar amount of the rebate but rather modify only the
volume tiers necessary to achieve the applicable rebate. Such volume
adjustments are reasonable methods to incentivize the use of such order
type. For Zero Display orders, elimination of the rebate is a
reasonable adjustment in relation to recent volumes of such order type
on the Exchange. Additionally, all similarly situated members are
subject to the same fee structure, and access to the Exchange is
offered on fair and non-discriminatory terms. Volume-based rebates and
discounts have been widely adopted in the equities markets, and are
equitable because they are open to all members on an equal basis and
provide rebates that are reasonably related to the value of an
exchange's market quality associated with the requirements for the
favorable pricing tier.
    The proposed adjustment of the Order Routing Fee in Section IIIA of
the Fee Schedule is reasonable because it is only $0.0001 higher than
the current routing fee and remains comparable to that charged by other
Exchanges.\8\ This proposed change is equitably allocated and not
discriminatory as it applies uniformly to all ETP Holder entering
orders that are routed to other market centers.
---------------------------------------------------------------------------

    \8\ See NASDAQ OMX (``Nasdaq'') Fee Schedule (http://www.nasdaqtrader.com/trader.aspx?id=pricelisttrading2).
---------------------------------------------------------------------------

    The proposed ``Depth of Book Feed Charge'' fee is reasonable as it
is comparable to the fees imposed for receipt of proprietary data feeds
charged by other market centers.\9\ This proposed fee applies uniformly
to all parties that receive the DOB feed directly, and, thus, the
charge is not discriminatory and equitably allocated. In addition,
receipt of the NSX DOB feed is entirely voluntary, and only recipients
choosing to receive the feed are subject to the charge.
---------------------------------------------------------------------------

    \9\ See NYSE Arcabook fee schedule (http://www.nyxdata.com/arcabook) (charging $750/mo. for a data product that includes the
NYSE Arca equivalent to the NSX DOB feed).
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues if they
deem fee levels at a particular venue to be excessive. In such an
environment, the Exchange must continually adjust its fees to remain
competitive with other market centers.

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

    The Exchange does not believe that the proposed rule change will
impose any inappropriate burden on competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    The proposed rule change has taken effect upon filing pursuant to
Section 19(b)(3)(A)(ii) of the Act \10\ and subparagraph (f)(2) of Rule
19b-4 \11\ thereunder, because, as provided in (f)(2), it changes ``a
due, fee or other charge applicable only to a member'' (known on the
Exchange as an ETP Holder). 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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-NSX-2012-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSX-2012-04. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing will also 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-NSX-2012-04 and should be
submitted on or before March 30, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-5730 Filed 3-8-12; 8:45 am]
BILLING CODE 8011-01-P