[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Rules and Regulations]
[Pages 39513-39517]
[FR Doc No: 2017-16779]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9520; Product Identifier 2016-NM-163-AD; Amendment
39-18987; AD 2017-16-10]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 777 airplanes. This AD was prompted by reports of
cracks on the underwing longerons. This AD requires repetitive
inspections of the left and right side underwing longerons for any
crack, and related investigative and corrective actions if necessary.
We are issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective September 25, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 25,
2017.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com. You may view this service information at the
FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9520.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9520; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this final rule, the regulatory evaluation, any comments
received, and other information. The address for the Docket Office
(phone:<PHONE_NUMBER>) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Eric Lin, Aerospace Engineer, Airframe
Section, FAA, Seattle ACO Branch, 1601 Lind Avenue SW., Renton, WA
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model 777 airplanes. The NPRM published in the Federal Register on
January 3, 2017 (82 FR 54) (``the NPRM''). The NPRM was prompted by
reports of cracks on the underwing longerons. The NPRM proposed to
require repetitive inspections of the left and right side underwing
longerons for any crack, and related investigative and corrective
actions if necessary. We are issuing this AD to detect and correct
cracks in the underwing longerons, which could result in fuel leakage
into the forward cargo area and consequent increased risk of a fire or,
in a more severe case, could adversely affect the structural integrity
of the airplane.

New Service Information

    Since we issued the NPRM, Boeing has released Boeing Alert Service
Bulletin 777-53A0081, Revision 1, dated May 1, 2017. In the NPRM, we
refer to Boeing Alert Service Bulletin 777-53A0081, dated September 8,
2016, as the appropriate source of service information. Boeing Alert
Service Bulletin 777-53A0081, Revision 1, dated May 1, 2017, corrects
typographical errors, including errors in steps 3.c.(1) and 3.c.(2) of
Part 1 of the Accomplishment Instructions, and provides additional
access and inspection procedures. Boeing Alert Service Bulletin 777-
53A0081, Revision 1, dated May 1, 2017, also adds a surface high
frequency eddy current (HFEC) inspection of the external surface of the
fuselage skin for any crack, to the inspection of the fuselage skin
that is part of the underwing longeron replacement procedure specified
in Part 8 and Part 9 of the Accomplishment Instructions. No additional
work is necessary on airplanes on which the inspection of the fuselage
skin was already done as specified in Boeing Alert Service Bulletin
777-53A0081, dated September 8, 2016. We have determined that Revision
1 is also an appropriate source of service information and have revised
this AD accordingly.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Support for the NPRM

    Boeing expressed support for the NPRM.

Request To Delay AD Action

    Air France requested that we delay our AD action. The commenter
pointed out that the manufacturer has not determined the root cause of
underwing longeron failure and that because longeron cracking is a
design defect, a design correction should only be implemented once
during the life of the airplane. The commenter also pointed out that
the service information would require multiple repairs that could be
considered design corrections. The commenter stated that repetitive
inspections should not be mandated until a final fix (design
improvement) is available and that Air France believes that the safety
concern (as stated in the service information) of fuel leaking into the
forward cargo area could be addressed by A-Check level inspections. The
commenter also indicated that they believe the structural integrity
safety concern (as stated in the service information) could be
addressed by existing inspections, specified in the Maintenance
Planning Document (MPD), that are able to detect cracked longerons and
surrounding related damages and are already continuously performed on
the fleet.
    We disagree with the commenter's request to delay this AD. The
existing MPD inspections have been reviewed and do not adequately
address the unsafe condition identified in this AD. Additionally, the
determinations of the unsafe conditions, mitigating action, and
compliance times of this AD have been coordinated with the
manufacturer, and we have determined that the actions specified in this
AD are required to address the unsafe condition. We have not changed
this AD in this regard.

Request To Extend Initial Compliance Time and Repeat Intervals

    Air France requested that we increase the compliance time for the
initial inspection and include independent compliance times for the
left and right underwing longeron inspections. United Airlines (UAL),
Air France, All Nippon Airways (ANA), and Cathay Pacific Airways (CPA)
also requested that we extend the intervals for the repetitive
inspections to coincide with either A or C-Check level inspections.
Additionally, ANA expressed concern that if cracking is found during
the repetitive inspections then the consequent repairs could
inadvertently extend the amount of time that the airplane is on the
ground. UAL and CPA also noted the proposed compliance time would
result in operational disruptions if not aligned with a C-check. Air
France stated there are already inspections contained in the MPD and
that the initial inspection compliance time should take into account
when cracking was found. Air France also stated that there is no safety
issue when there is a cracked underwing longeron and there is no fuel
leak into the forward cargo area or a structural integrity issue.
    We disagree with the commenters' requests. As stated previously,
the existing MPD inspections have been reviewed and do not provide an
acceptable level of safety for the affected airplanes for the
identified unsafe condition. We have determined that the compliance
times specified in this AD are necessary to address the identified
unsafe conditions. However, we will consider requests for approval of
alternative methods of compliance (AMOC), including extensions of the
compliance times, if sufficient data is

submitted to substantiate that a different compliance time will provide
an acceptable level of safety. We have not changed this AD in this
regard.

Request To Exclude Certain Airplanes From the Applicability

    ANA requested that we exclude Boeing Model 777-200 airplanes that
do not have a center fuel tank from the applicability of the proposed
AD. ANA pointed out that since the Boeing Model 777-200 airplanes do
not have a center fuel tank, a fuel leak from the center fuel tank and
subsequent possible fire cannot occur.
    We disagree with the request to exclude Boeing Model 777-200
airplanes from the applicability of this AD. The possibility of a fuel
leak into the forward cargo area and subsequent possible fire is not
the only safety concern. Severe cases of uncorrected longeron cracking
could adversely affect the structural integrity of the airplane. As
stated previously, the determinations of the unsafe conditions,
mitigating action, and compliance times in this AD have been
coordinated with the manufacturer. We have not changed this AD in this
regard.

Request To Include Alternative Modified Repetitive Inspection Program

    ANA requested that we include an alternative modified repetitive
inspection program in the NPRM. ANA specifically requested that the
alternative modified repetitive inspection program match with their C-
check level inspection program for the non-destructive inspection and
for the detailed inspection at the ``line maintenance'' interval within
times since certain inspections. ANA pointed out that the manufacturer
has agreed that the requested alternative inspection program meets the
inspection specifications in Boeing Alert Service Bulletin 777-53A0081,
dated September 8, 2016.
    We disagree with the request to include an alternative modified
repetitive inspection program in this AD. The commenter did not provide
technical justification for such a change. We have determined that the
compliance times specified in this AD are necessary to address the
identified unsafe conditions. However, we will consider requests for
approval of AMOCs, including extensions of the compliance times, if
sufficient data is submitted to substantiate that a different
compliance time will provide an acceptable level of safety.
Additionally, operators may do the required inspections earlier than
the compliance times required by the AD. For the inspection options
specified in the Boeing Alert Service Bulletin 777-53A0081, an operator
can change an inspection method at their discretion to meet operational
needs, and the previous inspection determines the interval to the next
inspection. We have not changed this AD in this regard.

Request To Mandate Repair and Future Modification (for Terminating
Action) as Identical Procedures

    Emirates requested that we mandate repair and future modification
(for terminating action) as identical procedures to avoid incurring
duplicate expenses. Emirates mentioned that the repair work is
extensive (required resources, materials, and ground time) and the
repair kit is expensive. Emirates pointed out that the manufacturer is
expected to issue a modification service bulletin to terminate the
inspection specified in Boeing Alert Service Bulletin 777-53A0081,
dated September 8, 2016, and that the FAA is expected to mandate the
terminating modification. The commenter also pointed out that the
modification is expected to be extensive and require a modification kit
that is also expensive, and concluded that the requirement of multiple
kits for the repair and future planned modification would cause
operators to incur duplicate expenses.
    We disagree with the request because there is currently no
modification kit available even though it might be possible to mitigate
the unsafe condition through a modification to the underwing longeron.
The inspections and repairs required by this AD are necessary to
provide an acceptable level of safety for the affected airplanes.
However, as stated previously, we will consider requests for AMOCs,
including those that allow for revised service information, repairs, or
terminating actions, if sufficient data is submitted to substantiate
that different service information, repairs, or terminating actions
will provide an acceptable level of safety. We have not changed this AD
in this regard.

Request To Specify Alternate Special Tools

    ANA requested that we specifically include certain alternate
special tools in the NPRM to measure the thickness of the fuel barrier
sealants. The commenter indicated that they do not have the special
tools that are specified in the airplane maintenance manual (AMM)
(which is specified as an accepted procedure to repair the secondary
fuel barrier in Boeing Alert Service Bulletin 777-53A0081, dated
September 8, 2016).
    We disagree that alternate special tools should be specified in
this AD because this AD does not mandate using a specific tool. This AD
requires operators to perform inspections and repairs in accordance
with Boeing Alert Service Bulletin 777-53A0081, dated September 8,
2016; or Boeing Alert Service Bulletin 777-53A0081, Revision 1, dated
May 1, 2017. Boeing Alert Service Bulletin 777-53A0081, dated September
8, 2016; and Boeing Alert Service Bulletin 777-53A0081, Revision 1,
dated May 1, 2017, refer to a specific procedure in the AMM as an
accepted procedure to repair the secondary fuel barrier. However, we do
not mandate the AMM procedure in this AD; therefore, operators may
repair the secondary fuel barrier using accepted methods in accordance
with their maintenance or inspection program. We have not changed this
AD in this regard.

Request To Allow Simultaneous Replacement

    ANA requested that we allow simultaneous replacement of the
longerons rather than completing one side before beginning work on the
opposite side. ANA indicated that they prefer to start work on the
opposite side when 50% final fastener installation has been completed
on the initial longeron replacement. ANA also pointed out that the
manufacturer has agreed that this method is structurally acceptable.
    We disagree that simultaneous replacement of the longerons should
be included in this AD. Boeing Alert Service Bulletin 777-53A0081,
dated September 8, 2016; and Boeing Alert Service Bulletin 777-53A0081,
Revision 1, dated May 1, 2017; specify that only one underwing longeron
is to be removed and replaced at a time. However, as stated previously,
we will consider requests for AMOCs if sufficient data is submitted to
substantiate that a different method of completion will provide an
acceptable level of safety. We have not changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the changes described previously and minor
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 777-53A0081, dated
September 8, 2016; and Boeing Alert Service Bulletin 777-53A0081,
Revision 1, dated May 1, 2017. This service information describes
procedures for repetitive detailed inspections, ultrasonic inspections,
and HFEC inspections of the left and right side longerons, and related
investigative and corrective actions if necessary. Boeing Alert Service
Bulletin 777-53A0081, Revision 1, dated May 1, 2017, also includes an
additional surface HFEC inspection of the external surface of the
fuselage skin.
    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.

Costs of Compliance

    We estimate that this AD affects 201 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
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Option 1:
    Detailed Inspection........  4 work-hours x $85 per               $0  $340 per            $68,340 per
                                  hour = $340 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
Option 2:
    Detailed and HFEC or         12 work-hours x $85 per              $0  $1,020 per          $205,020 per
     Ultrasonic Inspection.       hour = $1,020 per                        inspection cycle.   inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that are required based on the results of the inspection. We have no
way of determining the number of aircraft that might need these
replacements:

                                               On-Condition Costs
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              Action                       Labor cost              Parts cost             Cost per product
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Left side or right side longeron   102 work-hours x $85 per   $31,000 per side....  $39,670 per side.
 replacement.                       hour = $8,670 per side.
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    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions, other than the
replacement, specified in this AD.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2017-16-10 The Boeing Company: Amendment 39-18987; Docket No. FAA-
2016-9520; Product Identifier 2016-NM-163-AD.

(a) Effective Date

    This AD is effective September 25, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 777-200, -200LR,
-300, -300ER, and 777F series airplanes, certificated in any
category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of cracks on the underwing
longerons. We are issuing this AD to detect and correct cracks in
the underwing longerons, which could result in fuel leakage into the
forward cargo area and consequent increased risk of a fire or, in a
more severe case, could adversely affect the structural integrity of
the airplane.

(f) Compliance

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

(g) Inspections

    Except as specified in paragraph (i)(1) of this AD, at the
applicable times specified in tables 1 through 6 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 777-53A0081, dated
September 8, 2016: Do detailed inspections for any crack of the left
and right side underwing longerons; or do detailed inspections, and
high frequency eddy current (HFEC) or ultrasonic inspections, as
applicable, for any crack of the left and right side underwing
longerons; and do all applicable related investigative and
corrective actions; in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 777-53A0081, dated
September 8, 2016, or Boeing Alert Service Bulletin 777-53A0081,
Revision 1, dated May 1, 2017, except as required by paragraph
(i)(2) of this AD. Do all applicable related investigative and
corrective actions before further flight. Repeat the inspections
thereafter at the times specified in tables 1 through 6 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 777-53A0081,
dated September 8, 2016, as applicable. Replacing an underwing
longeron, including doing all applicable related investigative and
corrective actions, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 777-53A0081, dated
September 8, 2016; or Boeing Alert Service Bulletin 777-53A0081,
Revision 1, dated May 1, 2017; except as required by paragraph
(i)(2) of this AD, terminates the repetitive inspections required by
this paragraph for that longeron only.

(h) Repetitive Post-Replacement Inspections and Corrective Actions

    For airplanes on which any longeron replacement has been done as
specified in Boeing Alert Service Bulletin 777-53A0081: At the
applicable times specified in tables 7 through 14 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 777-53A0081, dated
September 8, 2016, do detailed inspections of all replaced longerons
for any crack, or do detailed inspections and ultrasonic inspections
of all replaced longerons for any crack, and do all applicable
corrective actions; in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 777-53A0081, dated
September 8, 2016; or Boeing Alert Service Bulletin 777-53A0081,
Revision 1, dated May 1, 2017; except as required by paragraph
(i)(2) of this AD. Do all applicable corrective actions before
further flight. Repeat the inspections thereafter at intervals not
to exceed the applicable time specified in tables 7 through 14 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
777-53A0081, dated September 8, 2016.

(i) Service Information Exceptions

    (1) Where Boeing Alert Service Bulletin 777-53A0081, dated
September 8, 2016, specifies a compliance time ``after the issue
date of this service bulletin,'' this AD requires compliance within
the specified compliance time after the effective date of this AD.
    (2) Where Boeing Alert Service Bulletin 777-53A0081, dated
September 8, 2016; or Boeing Alert Service Bulletin 777-53A0081,
Revision 1, dated May 1, 2017; specifies to contact Boeing for
appropriate action: Before further flight, repair using a method
approved in accordance with the procedures specified in paragraph
(j) of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO 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 local Flight Standards District
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 (k) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO Branch, 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.
    (4) Except as required by paragraph (i)(2) of this AD: For
service information that contains steps that are labeled as Required
for Compliance (RC), the provisions of paragraphs (j)(4)(i) and
(j)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or sub-step is labeled ``RC Exempt,'' then
the RC requirement is removed from that step or sub-step. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(k) Related Information

    For more information about this AD, contact Eric Lin, Aerospace
Engineer, Airframe Section, FAA, Seattle ACO Branch, 1601 Lind
Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax: 425-
917-6590; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 777-53A0081, dated September
8, 2016.
    (ii) Boeing Alert Service Bulletin 777-53A0081, Revision 1,
dated May 1, 2017.
    (3) For Boeing 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>; Internet: https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 2, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-16779 Filed 8-18-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: July 9, 2010 (Volume 75, Number 131)]
[Notices]
[Page 39595]
[DOCID:fr09jy10-103]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62377; File No. SR-NYSEArca-2010-55]

 Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by NYSE Arca, Inc. To Amend the Bylaws of NYSE Euronext To Adopt
a Majority Voting Standard in Uncontested Elections of Directors

Correction

    In notice document 2010-16106 beginning on page 38576 in the issue
of July 2, 2010, make the following correction:
    On page 38579, in the final line of the first paragraph, ``June 23,
2010'' should read ``July 23, 2010''.

[FR Doc. C1-2010-16106 Filed 7-8-10; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 71018-71021]
[FR Doc No: 2019-27734]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87794; File No. SR-NYSEAMER-2019-56]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Amend
Rule 967NY (Price Protection--Orders)

December 18, 2019.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934

(``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that
on December 5, 2019, NYSE American LLC (``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 967NY (Price Protection--
Orders) to modify and enhance certain of its current price protection
mechanisms. The proposed rule change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend paragraph (c) of Rule 967NY to
modify and enhance its Price Reasonability Checks for options orders to
sell puts or calls (the ``Sell Check''). As proposed, the Exchange
would enhance the Sell Checks applied when the National Best Bid
(``NBB'') is below a specified price and would exclude from the Sell
Check any Intermarket Sweep Orders, both of which changes would allow
for a more finely calibrated Sell Check.
Price Reasonability Checks
    The Exchange has in place various price check mechanisms that are
designed to prevent incoming orders from automatically executing at
potentially erroneous prices.\4\ In particular, the Exchange has Price
Reasonability Checks (``Price Checks'') for Limit Orders based on the
principle that an option order is in error and should be rejected (or
canceled) when the same result can be achieved on the market for the
underlying equity security at a lesser cost.\5\ The Price Checks are
based on the consolidated last sale price of the security underlying
the option, once the security opens for trading (or reopens following a
Trading Halt).\6\ The Exchange offers Price Checks for buy and sell
options orders.\7\ The proposed change relates only to the Price Checks
for sell options orders (i.e., the Sell Check).\8\
---------------------------------------------------------------------------

    \4\ See, e.g., Rules 967NY(a) (trading collars) and (b) (limit
order price filter), Rule 967.1NY(a) (price protection for Market
Maker quotes).
    \5\ A Limit Order is an order to buy or sell a stated number of
option contracts at a specified price, or better. See Rule
900.3NY(b).
    \6\ See Rule 967NY(c).
    \7\ The Price Checks--or arbitrage checks--for buy orders
operate as follows: Unless otherwise provided in Commentary .01 of
the Rule, the Exchange rejects or cancels any limit order to buy a
put option if the price of the order is equal to or greater than the
strike price of the option; and, the Exchange rejects or cancels any
limit order to buy a call option if the price of the order is equal
to or greater than the consolidated last sale price of the
underlying security, plus a dollar amount to be determined by the
Exchange and announced by Trader Update. See Rule 967NY(c)(1)(A),
(B).
    \8\ The proposed rule change would not impact the securities
that are excluded from the Price Checks per Commentary .01 to the
Rule, which currently are options series for which the underlying
security has a non-standard cash or stock deliverable as part of a
corporate action; options series for which the underlying security
is identified as OTC; option series on an index; and ByRDs. See
Commentary .01 to Rule 967NY.
---------------------------------------------------------------------------

    Current Rule 967NY(c)(2) sets forth the current Sell Check, which
is designed to protect sellers of calls and puts from presumptively
erroneous executions based on the ``Intrinsic Value'' of an option. The
Intrinsic Value of an option series is measured as the difference
between the strike price and the consolidated last sale price. A sell
order in a call series creates an obligation to sell the underlying
security at the strike price and a sell order in a put series creates
an obligation to buy the underlying security at the strike price. Thus,
the Intrinsic Value for a call option is equal to the consolidated last
sale price of the underlying security minus the strike price; whereas
the Intrinsic Value for a put option is equal to the strike price minus
the consolidated last sale price of the underlying security.\9\ Under
the current Rule, the Exchange rejects or cancels options Limit Orders
to sell a call or to sell a put if the price of the order is equal to
or lower than its Intrinsic Value, minus a threshold percentage
(``percentage threshold''), which is determined by the Exchange and
announced by Trader Update.\10\ The percentage threshold buffer is an
important aspect of the Sell Check because there may be situations in
which market participants willingly opt to execute certain trading
strategies even if such trade or trades occur for a price less than the
Intrinsic Value of the options series.\11\ Absent this percentage
threshold buffer, application of the Sell Check could result in the
rejection or cancelation of certain options sell orders where market
participants seek an execution.
---------------------------------------------------------------------------

    \9\ See Rule 967NY(c)(2).
    \10\ See Rule 967NY(c)(2)(A). The percentage threshold for sell
orders is currently set to twenty-five percent (25%). The Exchange
refers to this existing percentage threshold as the ``Regular
Intrinsic Value percentage threshold'' to differentiate from the
proposed threshold. See proposed Rule 967NY(c)(2)(A).
    \11\ For example, if the market participant is looking to close
out a position, it may be financially beneficial to pay a small
premium and close out the position rather than carry such position
to expiration and take delivery. See, e.g., Securities Exchange Act
Release No. 85925 (May 23, 2019), 84 FR 24831, 24832, fn14 (May 30,
2019) (SR-NYSEAMER-2019-19) (immediately effective filing
implementing Price Checks, including the Sell Check).
---------------------------------------------------------------------------

Proposed Low Price Intrinsic Value Percentage Threshold
    The Exchange proposes to modify the Sell Check to introduce a
separate percentage threshold to better account for sell orders in
options series that are trading at relatively low prices so as to avoid
such orders potentially being (incorrectly) rejected or canceled.
Specifically, the Exchange would apply this modified check to limit
orders to sell when the NBB for the option series is equal to or below
a specified minimum price, as determined and announced by the Exchange
(the ``Minimum Price'').\12\ As proposed, if the Exchange receives an
order to sell a put or a call in an option series where the NBB ``is
equal to or below the Minimum Price,'' such order would be canceled or
rejected ``if the price of the order is equal to or lower than its
Intrinsic Value, minus a threshold percentage'' to be determined by the
Exchange and announced by Trader Update (the ``Low Price Intrinsic
Value percentage threshold'').\13\ The rule text would also make clear
that this Low Price Intrinsic Value percentage threshold would be
calculated as a

percentage of the Intrinsic Value.\14\ The Exchange believes this
proposed modification would enable the Exchange to apply a more finely
calibrated Sell Check (i.e., to options orders trading at or below a
certain price), which is distinct from the Regular Intrinsic Value
percentage threshold, and should reduce the possibility of such orders
on lower-priced options being improperly canceled or rejected.\15\
---------------------------------------------------------------------------

    \12\ See proposed Rule 967NY(c)(2)(A)(i) (providing that the
current Sell Check will apply to orders ``provided the NBB for the
option series is greater than'' the Minimum Price; otherwise the Low
Price Intrinsic Value percentage threshold would apply). See also
proposed Rule 967NY(c)(2)(A)(i) [sic].
    \13\ See proposed Rule 967NY(c)(2)(A)(i).
    \14\ See id.
    \15\ See id. The Exchange anticipates setting the Minimum Price
to $1.00 and the Low Price Intrinsic Value percentage threshold to
one hundred percent (100%) and whether and when these amounts change
would depend upon the interest and/or behavior of market
participants.
---------------------------------------------------------------------------

    As noted above, market participants may opt to willingly execute
trading strategies regardless of whether the result is an execution for
a price less than the Intrinsic Value of the options series. The Low
Price Intrinsic Value percentage threshold is designed to allow greater
flexibility to market participants submitting sell orders in option
series trading at lower prices. This would allow participants
additional opportunities to execute certain orders (rather than reject
or cancel), while still maintaining a tolerance range. Thus, the
proposal would protect investors by adding flexibility and sensitivity
to the Sell Check for orders in lower-priced options and allow the
balance of the Price Checks to continue to operate as intended.
    The following examples illustrate this proposed functionality.
    Assumptions:
     Minimum Price is $1.00.
     (Regular) Intrinsic Value percentage threshold is 25%.
     Low Price Intrinsic Value percentage threshold is 100%.
     Series A: XYZ DEC 136 Call.
     XYZ Stock is trading at $136.36.
    Example 1: NBBO for Series A: (100) $2.00 x $3.00 (100).
     The NBB of $2.00 is above the Minimum Price (i.e., $1.00),
thus, the (Regular) Intrinsic Value percentage threshold, per Rule
967NY(c)(2)(A), applies.
     The Intrinsic Value of Series A is $0.36 ($136.36 -
$136.00); and
     The lowest acceptable price for a sell in Series A is
$0.27 (after applying the 25% percentage threshold ($0.09)).
    Example 2: NBBO for Series A: (100) $0.50 x $3.00 (100).
     The NBB of $0.50 is below the Minimum Price (i.e., $1.00),
thus, the Low Price Intrinsic Value percentage threshold, per proposed
Rule 967NY(c)(2)(A)(i), applies.
     The Intrinsic Value of Series A is $0.36 ($136.36 -
$136.00); and
     The lowest acceptable price for a sell in Series A is
$0.00 (after applying the 100% percentage threshold ($0.36)) (i.e.
there is no intrinsic check in this case).
ISOs Excluded From Sell Checks
    The Exchange also proposes to modify the Sell Check to exclude any
Intermarket Sweep Order or ISO.\16\ An ISO is a Limit Order for an
options series that instructs the Exchange to execute the order up to
the price of its limit, regardless of the NBBO. An ATP Holder may
submit an ISO to sell only if it has simultaneously routed one or more
additional ISOs, as necessary, to execute against the full displayed
size of any better-priced protected quotations for the options series
(i.e., the Protected Bid), with a price that is superior to the limit
of the ISO.\17\ Because an ISO is generally used when trying to sweep a
price level across multiple exchanges in an effort to post the balance
of an order without locking an away market, the Exchange believes it is
appropriate to exclude such orders from the Sell Check so as not to
interfere with the intended functioning of such order type.
---------------------------------------------------------------------------

    \16\ See proposed Rule 967NY(c)(2).
    \17\ See Rule 900.3NY(u).
---------------------------------------------------------------------------

Implementation
    The Exchange will announce by Trader Update the implementation date
of the proposed rule change.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\18\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\19\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed Sell Check as
modified to account for lower-priced options and to exclude ISOs would
protect investors and the public interest and maintain fair and orderly
markets by ensuring that properly entered orders are not inadvertently
rejected or canceled by the Exchange. In particular, the Low Price
Intrinsic Value percentage threshold would allow for better calibration
of the Sell Check (i.e., to options orders trading at or below a
certain price), which should reduce the possibility of such orders on
lower-priced options being improperly canceled or rejected. Under
certain circumstances, market participants may choose to execute
trading strategies regardless of whether the result is an execution for
a price less than the Intrinsic Value of the options series. The Low
Price Intrinsic Value percentage threshold (which is distinct from the
Regular Intrinsic Value percentage threshold) is designed to allow
greater flexibility to market participants submitting sell orders in
option series trading at lower prices. This would allow participants
additional opportunities to execute certain orders (rather than reject
or cancel), while still maintaining a tolerance range. Thus, the
proposal would promote just and equitable principles of trade and would
protect investors by adding flexibility and sensitivity to the Sell
Check for orders in lower-priced options and allow the balance of the
Price Checks to continue to operate as intended.
    In addition, with regard to ISOs, the Exchange believes it is
appropriate to exclude such orders from the Sell Check to ensure that
the order type (as well as the Sell Check) operates as intended.
Moreover, modifying the rule to specify that ISOs would be excluded
from the Sell Check would add clarity and transparency to Exchange
rules.
    The Exchange is proposing the modifications to the Sell Check for
the benefit of, and in consultation with ATP Holders and believes the
proposed rule change would help to maintain a fair and orderly market,
and provide a valuable service to investors. In particular, the
proposed changes to the Sell Check are responsive to member input
regarding certain orders being erroneously rejected or canceled by the
Sell Check (either an ISO or a sell order on an option series trading
at a (relatively) low price). This proposal would thus facilitate
transactions in securities and perfect the mechanism of a free and open
market by providing ATP Holders with enhanced functionality that will
assist them with managing their portfolio and risk profile.

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

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

of the purposes of the Act. The proposed rule change enhances the
existing Sell Check for option orders of all ATP Holders submitted to
the Exchange and is designed to ensure that properly entered orders are
not inadvertently rejected or canceled by the Exchange--insofar as the
Sell Check would exclude (and not interfere with the operation of) ISO
orders, and, would apply a modified/more finely calibrated percentage
threshold to sell orders in option series trading at a relatively low
price.
    The Exchange further believes that because the proposed rule change
would be applicable to all ATP Holders it would not impose any burden
on intra-market competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \20\ and Rule 19b-
4(f)(6) thereunder.\21\
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAMER-2019-56 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAMER-2019-56. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMER-2019-56 and should be submitted
on or before January 16, 2020.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2019-27734 Filed 12-23-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 30 (Monday, February 14, 2011)]
[Proposed Rules]
[Page 8330]
[FR Doc No: C1-2011-1061]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1171]

Proposed Flood Elevation Determinations

Correction

    In proposed rule document 2011-1061, appearing on pages 3590-3595,
in the issue of Thursday, January 20, 2011, make the following
correction:

Sec.  67.4  [Corrected]

    On page 3592 in Sec.  67.4, under ADDRESSES, in ``Unincorporated
Areas of Nowata County,'' in the Maps line, the text is corrected to
read as follows:

Unincorporated Areas of Nowata County

    Maps are available for inspection at the Nowata County Office, 229
North Maple Street, Nowata, OK 74048.

[FR Doc. C1-2011-1061 Filed 2-11-11; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register Volume 87, Number 143 (Wednesday, July 27, 2022)]
[Notices]
[Page 45104]
[FR Doc No: 2022-16069]

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

[FRL-9954-01-R1]

Notice of Availability of a Draft Modification to the NPDES
Aquaculture General Permit (AQUAGP) for Concentrated Aquatic Animal
Production (CAAP) Facilities and Other Related Facilities in Vermont

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of Draft NPDES General Permit VTG130000.

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

SUMMARY: The Director of the Water Division, U.S. Environmental
Protection Agency--Region 1 (EPA), is providing a Notice of
Availability of a Draft Modification to the National Pollutant
Discharge Elimination System (NPDES) Aquaculture General Permit
(AQUAGP) for discharges from Concentrated Aquatic Animal Production
(CAAP) facilities and other related facilities to certain waters of the
State of Vermont (federal facilities only). This Draft Modification
NPDES AQUAGP (``Draft General Permit Modification'') updates the
formaldehyde monitoring requirement for 2 facilities in Vermont. The
Draft General Permit Modification is available on EPA Region 1's
website at https://www.epa.gov/npdes-permits/region-1-final-aquaculture-general-permit. The Statement of Basis for the Draft
General Permit Modification sets forth principal facts and the
significant factual, legal, methodological, and policy questions
considered in the development of the Draft General Permit Modification
and is also available at the above listed website.

DATES: Public comments must be received by August 26, 2022.

ADDRESSES: Written comments on the Draft General Permit should be sent
via email to: [email protected].

FOR FURTHER INFORMATION CONTACT: Additional information concerning the
Draft General Permit Modification, including the administrative record
it is based upon, may be obtained between the hours of 9 a.m. and 5
p.m. Monday through Friday, excluding holidays from Nathan Chien, U.S.
EPA Region 1, Water Division, 5 Post Office Square, Suite 100, Mail
Code 06-1, Boston, MA 02109-3912; telephone:<PHONE_NUMBER>; email:
[email protected]. A reasonable fee may be charged for copying
requests.

SUPPLEMENTARY INFORMATION:
    Public Comment Information: Interested persons may submit written
comments on the Draft General Permit Modification to EPA Region 1 at
the address listed above. In reaching a final decision on this Draft
General Permit Modification, the Regional Administrator will respond to
all significant comments and make responses available to the public on
EPA's website. All comments must be postmarked or delivered by the
close of the public comment period.
    Authority: This action is being taken under the Clean Water Act, 33
U.S.C. 1251 et seq.

David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-16069 Filed 7-26-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Page 30124]
[FR Doc No: 2023-09976]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EG23-79-000, EG23-79-000, EG23-79-000, EG23-80-000, EG23-
81-000, EG23-82-000, EG23-83-000, EG23-84-000, EG23-85-000, EG23-86-
000, EG23-87-000]

Danish Fields Solar LLC, Lockhart ESS, LLC, SR Snipesville III,
LLC, SR McNeal, LLC, Braes Bayou II, LLC, McFarland Solar A, LLC,
Sweetland Wind Farm, LLC, Nestlewood Solar I LLC, North Central Valley
Energy Storage, LLC; Notice of Effectiveness of Exempt Wholesale
Generator Status

    Take notice that during the month of April 2023, the status of the
above-captioned entities as Exempt Wholesale Generators became
effective by operation of the Commission's regulations. 18 CFR 366.7(a)
(2022).

    Dated: May 2, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-09976 Filed 5-9-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 16, 2008 (Volume 73, Number 137)]
[Notices]
[Page 40907]
[DOCID:fr16jy08-119]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

First RTCA Special Committee 220/Automatic Flight Guidance and
Control

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 220/Automatic Flight Guidance
and Control meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 220/Automatic Flight Guidance and
Control.

DATES: The meeting will be held August 26-28, 2008, from 9 a.m.-5 p.m.

ADDRESSES: The meeting will be held at RTCA, Inc., 1828 L Street, NW.,
Suite 805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: (1) RTCA Secretariat, 1828 L Street,
NW., Suite 805, Washington, DC 20036; telephone<PHONE_NUMBER>; fax
(202) 833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 220/Automatic Flight Guidance
and Control meeting.

 August 26-28:
 Welcome/Introductions/Administrative Remarks, Agenda Overview
 RTCA Functional Overview
 Industry Activities Related to AFC&G--Review
 Committee Scope--Terms of Reference--Presentation, Discussion,
Recommendations
 Review of Existing Regulations & Guidance
     Documents
     FARs
     Technical Standard Orders
     Advisory Circulars
 Organization of Work, Assign Tasks and Workgroups
     Presentations, Discussions, Recommendations, Assignment of
Responsibilities
 Consider/Review Liaison with Other Active Committees
 Establish Dates, Location, Agenda for Next Meeting, Other
Business

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section.
    Members of the public may present a written statement to the
committee at any time.

    Issued in Washington, DC, on July 8, 2008.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. E8-15955 Filed 7-15-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Notices]
[Pages 54311-54312]
[FR Doc No: 2023-17153]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG23-246-000.
    Applicants: Shamrock Wind, LLC.
    Description: Shamrock Wind, LLC submits Notice of Self--
Certification of Exempt Wholesale Generator Status.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5038.
    Comment Date: 5 p.m. ET 8/25/23.

    Docket Numbers: EG23-247-000.
    Applicants: Pioneer Hutt Wind Energy LLC.
    Description: Pioneer Hutt Wind Energy LLC submits Notice of Self--
Certification of Exempt Wholesale Generator Status.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5065.
    Comment Date: 5 p.m. ET 8/25/23.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1529-006; ER10-2472-009; ER10-2473-009; ER10-
2502-010; ER11-2724-010; ER11-4436-008; ER18-2518-005; ER19-645-004.
    Applicants: Black Hills Colorado Wind, LLC, Black Hills Electric
Generation, LLC, Black Hills Power, Inc., Black Hills Colorado IPP,
LLC, Black Hills Colorado Electric, LLC, Cheyenne Light, Fuel and Power
Company, Black Hills Wyoming, LLC, Northern Iowa Windpower, LLC.
    Description: Supplement to January 31, 2023, Notice of Non-Material
Change in Status of Northern Iowa Windpower, LLC, et al.
    Filed Date: 8/1/23.
    Accession Number: 20230801-5224.
    Comment Date: 5 p.m. ET 8/22/23.

    Docket Numbers: ER23-1832-000.
    Applicants: Homer City Generation, L.P.
    Description: Refund Report: Refund Notice in ER23-1832 to be
effective N/A.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5101.
    Comment Date: 5 p.m. ET 8/25/23.

    Docket Numbers: ER23-2436-001.
    Applicants: Energy Harbor LLC.
    Description: Tariff Amendment: Amendment to Requested Effective
Date for Notice of Cancellation of Market-Based to be effective 8/1/
2023.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5094.
    Comment Date: 5 p.m. ET 8/25/23.

    Docket Numbers: ER23-2560-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 7020; Queue Nos. AE1-209/AE1-210 to be effective 7/5/
2023.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5003.
    Comment Date: 5 p.m. ET 8/25/23.

    Docket Numbers: ER23-2561-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, SA No.
6189; Queue No. AD2-009 (amend) to be effective 10/4/2023.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5009.
    Comment Date: 5 p.m. ET 8/25/23.

    Docket Numbers: ER23-2562-000.
    Applicants: Merelec USA LLC.
    Description: Baseline eTariff Filing: Petition for Blanket MBR
Authorization with Waivers to be effective 10/3/2023.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5035.
    Comment Date: 5 p.m. ET 8/25/23.

    Docket Numbers: ER23-2563-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: WMPA, Service Agreement No.
7005; Queue No. AG1-099 to be effective 10/2/2023.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5037.
    Comment Date: 5 p.m. ET 8/25/23.

    Docket Numbers: ER23-2564-000.
    Applicants: Virginia Electric and Power Company, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Virginia Electric and Power
Company submits tariff filing per 35.13(a)(2)(iii: VEPCO submits one
WDSA, SA No. 7018 to be effective 7/6/2023.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5064.
    Comment Date: 5 p.m. ET 8/25/23.

    Docket Numbers: ER23-2565-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original NSA, Service
Agreement No. 7045; Queue No. AD2-093 to be effective 10/3/2023.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5066.
    Comment Date: 5 p.m. ET 8/25/23.

    Docket Numbers: ER23-2566-000.
    Applicants: Pleasants LLC.
    Description: Tariff Amendment: Notice of Cancellation of Market-
Based Rate Tariff to be effective 8/7/2023.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5069.
    Comment Date: 5 p.m. ET 8/25/23.

    Docket Numbers: ER23-2567-000.
    Applicants: EnerSmart Los Coches BESS LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization and Request for Waivers to be effective 10/4/2023.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5080.
    Comment Date: 5 p.m. ET 8/25/23.

    Docket Numbers: ER23-2568-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Sec.  205(d) Rate Filing: DEC-CPRE Wholesale Contract
Revisions to Rate Schedule No. 336 to be effective 1/1/2023.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5081.
    Comment Date: 5 p.m. ET 8/25/23.

    Docket Numbers: ER23-2569-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Tariff Amendment: Termination of PG&E Southern Oaks
and Mission Ranch UOGs (SA Nos. 448 and 449) to be effective 10/4/2023.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5086.
    Comment Date: 5 p.m. ET 8/25/23.

    Docket Numbers: ER23-2570-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA/CSA, Service
Agreement Nos. 5564 and 5565; Queue No AA2-161/AE2-137 to be effective
10/4/2023.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5103.
    Comment Date: 5 p.m. ET 8/25/23.

    Docket Numbers: ER23-2571-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 7008; Queue No. AG1-191 to be effective 7/5/2023.
    Filed Date: 8/4/23.
    Accession Number: 20230804-5130.
    Comment Date: 5 p.m. ET 8/25/23.

    The filings are accessible in the Commission's eLibrary system
(https://

elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying the
docket number.
    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: August 4, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-17153 Filed 8-9-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 9, 2008 (Volume 73, Number 132)]
[Notices]
[Page 39355-39357]
[DOCID:fr09jy08-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58048; File No. SR-CBOE-2008-65]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Extend the Duration of CBOE Rule 6.45A(b) Pertaining to
Orders Represented in Open Outcry

June 27, 2008.
    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 June 20, 2008, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been substantially prepared
by the CBOE. The Exchange filed the proposal as a ``non-controversial''
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders it effective upon
filing with the Commission.\5\ The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ The Exchange has requested that the Commission waive the 30-
day operative delay required by Rule 19b-4(f)(6)(iii), 17 CFR
240.19b-4(f)(6)(iii). See discussion infra Section III.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The CBOE proposes to extend the duration of CBOE Rule 6.45A(b) (the
``Rule''), relating to the allocation of orders represented in open
outcry in equity option classes designated by the Exchange to be traded
on the CBOE Hybrid Trading System (``Hybrid'') through December 31,
2008. The text of the proposed rule change is available at CBOE, the
Commission's Public Reference Room, and (http://www.cboe.org/Legal).

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

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

1. Purpose
    In March 2005, the Commission approved revisions to CBOE Rule 6.45A
related to the introduction of Remote Market-Makers.\6\ Among other
things, the Rule, pertaining to the allocation of orders represented in
open outcry in equity options classes traded on Hybrid, was amended to
clarify that only in-crowd market participants would be eligible to
participate in open outcry trade allocations. In addition, the Rule was
amended to limit the duration of the Rule until September 14, 2005. The
duration of the Rule was thereafter extended through June 30, 2008.\7\
As the

duration period expires on June 30, 2008, the Exchange proposes to
extend the effectiveness of the Rule through December 31, 2008.\8\
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    \6\ See Securities Exchange Act Release No. 51366 (March 14,
2005), 70 FR 13217 (March 18, 2005) (SR-CBOE-2004-75).
    \7\ See Securities Exchange Act Release Nos. 52423 (September
14, 2005), 70 FR 55194 (September 20, 2005) (SR-CBOE-2005-76)
(extending the duration of the Rule through December 14, 2005);
52957 (December 15, 2005), 70 FR 76085 (December 22, 2005) (SR-CBOE-
2005-102) (extending the Rule through March 14, 2006); 53524 (March
21, 2006), 71 FR 15235 (March 27, 2006) (SR-CBOE-2006-22) (extending
the duration of the Rule through July 14, 2006); 54164 (July 17,
2006), 71 FR 42143 (July 25, 2006) (SR-CBOE-2006-60) (extending the
duration of the Rule through October 31, 2006); 54680 (November 1,
2006), 71 FR 65554 (November 8, 2006) (SR-CBOE-2006-86) (extending
the duration of the Rule through January 31, 2007); 55219 (February
1, 2007), 72 FR 6305 (February 9, 2007) (SR-CBOE-2007-10) (extending
the duration of the Rule through April 30, 2007); 55676 (April 27,
2007), 72 FR 25348 (May 4, 2007) (SR-CBOE-2007-40)(extending the
duration of the Rule through July 31, 2007); 56177 (August 1, 2007),
72 FR 44194 (August 7, 2007) (SR-CBOE-2007-89) (extending the
duration of the Rule through December 31, 2007) and 57054 (December
27, 2007), 73 FR 899 (January 4, 2008)(SR-CBOE-2007-149) (extending
the duration through June 30, 2008).
    \8\ In order to effect proprietary transactions on the floor of
the Exchange, in addition to complying with the requirements of the
Rule, members are also required to comply with the requirements of
Section 11(a)(1) of the Act, 15 U.S.C. 78k(a)(1), or qualify for an
exemption. Section 11(a)(1) restricts securities transactions of a
member of any national securities exchange effected on that exchange
for (i) the member's own account, (ii) the account of a person
associated with the member, or (iii) an account over which the
member or a person associated with the member exercises discretion,
unless a specific exemption is available. The Exchange has issued
regulatory circulars to members informing them of the applicability
of these Section 11(a)(1) requirements each time the duration of the
Rule was extended. See CBOE Regulatory Circulars RG05-103 (November
2, 2005), RG06-001 (January 3, 2006), RG06-34 (April 7, 2006), RG06-
79 (July 31, 2006), RG06-115 (November 8, 2006), RG07-21 (February
8, 2007), RG07-53 (May 17, 2007), RG07-88 (August 15, 2007) and
RG08-08 (January 9, 2008). The Exchange represents that it expects
to issue a similar regulatory circular to members reminding them of
the applicability of the Section 11(a)(1) requirements with respect
to the proposed rule change.
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2. Statutory Basis
    Extension of the duration of the Rule will allow the Exchange to
continue to operate under the existing allocation parameters for orders
represented in open outcry in Hybrid on an uninterrupted basis.
Accordingly, CBOE believes the proposed rule change is consistent with
the Act \9\ and the rules and regulations under the Act applicable to a
national securities exchange and, in particular, the requirements of
Section 6(b) of the Act.\10\ Specifically, the Exchange believes the
proposed rule change is consistent with the Section 6(b)(5) \11\
requirements that the rules of an exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts and, in general, to protect investors and the public
interest.
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    \9\ 15 U.S.C. 78a et seq.
    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the foregoing proposed rule change does not: (1)
significantly affect the protection of investors or the public
interest; (2) impose any significant burden on competition; and (3)
become operative for thirty days from the date on which it was filed,
or such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) \13\ thereunder. \14\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6). When filing a proposed rule change
pursuant to Rule 19b-4(f)(6) under the Act, an Exchange is required
to give the Commission written notice of its intent to file the
proposed rule change, along with a brief description and text of the
proposed rule change, at least five business days prior to the date
of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange provided notice to the
Commission two business days prior to filing the proposed rule
change, and the Commission has determined to waive the five business
day requirement.
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    A proposed rule change filed under Commission Rule 19b-4(f)(6) \15\
normally does not become operative prior to thirty days after the date
of filing. The CBOE requests that the Commission waive the 30-day
operative delay, as specified in Rule 19b-4(f)(6)(iii), and designate
the proposed rule change to become operative immediately to allow the
Exchange to continue to operate under the existing allocation
parameters for orders represented in open outcry in Hybrid on an
uninterrupted basis. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest because such waiver will allow the CBOE to continue to
operate under the Rule without interruption. For this reason, the
Commission designates the proposed rule change as operative upon
filing.\16\
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ For the purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in the furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2008-65 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-CBOE-2008-65. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.

    All submissions should refer to File Number SR-CBOE-2008-65 and
should be submitted on or before July 30, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-15482 Filed 7-8-08; 8:45 am]

BILLING CODE 8010-01-P