[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Notices]
[Pages 46746-46749]
[FR Doc No: 2021-17757]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92668; File No. SR-NYSEAMER-2021-36]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 952NY To Provide an Option for ATP Holders To Instruct the
Exchange To Cancel Marketable Orders if a Series Is Not Opened Within a
Specified Time Period

August 13, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on August 10, 2021, NYSE American LLC (``NYSE American'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 952NY (Opening Process) to
provide an option for ATP Holders to instruct the Exchange to cancel
Marketable orders if a series is not opened within a specified time
period. 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 Rule 952NY (Opening Process) to
provide an option for ATP Holders to instruct the Exchange to cancel
Marketable \4\ orders if a series is not opened within a specified time
period.
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    \4\ The term ``Marketable'' is defined in Rule 900.2NY(39) to
mean, for a Limit Order, the price matches or crosses the NBBO on
the other side of the market and that market orders are always
considered marketable.
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    Rule 952NY sets forth the Exchange's process for opening and
reopening a series for trading. Rule 952NY(b) provides that the
Exchange will accept market and limit orders for inclusion in the
opening auction process (``Auction Process'') until such time as the
Auction Process is initiated in that option series. As further provided
for in Rule 952NY(b), once the primary market for the underlying
security disseminates a quote and a trade that is at or within the
quote, the Exchange will open the related option series automatically
based on the principles and procedures set forth in paragraphs (A)-(F)
of Rule 952NY(b). However, as described in Rule 952NY(b)(D), the
Exchange will not conduct an Auction Process if the bid-ask
differential for that series is not within an acceptable range, i.e.,
is not within the bid-ask differential guidelines established in Rule
925NY(b)(4). Because Rule 952NY(b)(D) cross-references the bid-ask
differential requirement of Rule 925NY(b)(4), which relates to the
obligations of Market Makers in appointed classes, the Exchange will
not open a series for trading if Market Makers have not entered
quotations in a series that are within such bid-ask differentials. If a
series does not open for trading, market and limit orders entered in
advance of the Auction Process will remain in the Consolidated Book and
will not be routed, even if another exchange opens that series for
trading and such orders become Marketable against an away market NBBO.
    The Exchange proposes to amend Rule 952NY to provide ATP Holders

with an option to instruct the Exchange to cancel their Marketable
orders if an option series has not been opened within a specified time
period. As proposed, new subparagraph (d) to Rule 952NY \5\ would
provide that an ATP Holder may instruct the Exchange to cancel all
Marketable orders in a series, including GTC Orders, if that series has
not opened within a designated time period after the Exchange receives
notification that the primary market for the underlying security has
disseminated a quote and a trade that is at or within the quote. This
proposed change is designed to provide ATP Holders that electronically
enter orders before Core Trading Hours \6\ begin in a multitude of
option series with an optional risk protection mechanism for the
Exchange to automatically cancel Marketable orders on their behalf. ATP
Holders could submit requests to cancel such orders themselves, but
would have to monitor which series have been opened on the Exchange.
The proposed optional functionality would reduce operational risk for
ATP Holders that sent orders in multiple series by providing them with
a bulk cancel feature that would instruct the Exchange to cancel orders
on their behalf if a series has not been opened by a specified time.
Specifically, rather than have Marketable orders remain unexecuted on
the Consolidated Book if the option series has not opened on the
Exchange within a specified time period, ATP Holders would have the
option to instruct the Exchange to cancel such orders back to the ATP
Holder. Once cancelled back, the ATP Holder could choose to re-enter
such orders on an exchange that has opened that series for trading.
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    \5\ The Exchange proposes a non-substantive amendment to Rule
952NY to renumber current subparagraph (d) to that Rule as
subparagraph (e).
    \6\ The term ``Core Trading Hours'' is defined in Rule
900.2NY(15) to mean the regular trading hours for business set forth
in the rules of the primary markets underlying those option classes
listed on the Exchange.
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    The Exchange further proposes to provide that the Exchange would
not cancel any Marketable orders received after the designated time
period ends, even if the series has not yet opened. The Exchange
believes that if an ATP Holder sends an order in an option series to
the Exchange after Core Trading Hours begin, and more than the
designated time period after the primary market for the underlying
security has opened (i.e., the series open trigger), such ATP Holder
should be aware that the Exchange has not opened that series for
trading when it sends the order to the Exchange, and therefore intends
for such order to be sent to the Exchange even though it has not yet
opened that series for trading.
    Proposed Rule 952NY(d) would also provide that the designated time
period would be two minutes, unless determined otherwise by the
Exchange and announced to ATP Holders via Trader Update, in which case
the designated time period would not be greater than five minutes. The
Exchange believes that a two-minute period would provide time for
Market Makers to update their quotes after the Exchange receives the
series open trigger so that the bid-ask differential in an option
series can be within an acceptable range and therefore the series can
open for trading on the Exchange. Specifically, the Exchange has
observed that on a typical trading day, nearly 98% of all series are
opened by 9:32 a.m. Eastern Time, and nearly 99% of all series are
opened by 9:35 a.m. Eastern Time. By waiting two minutes before
cancelling orders, the Exchange believes that the majority of series
would be opened, thereby minimizing the number of series where there
would be a bulk cancel of Marketable orders. In addition, ATP Holders
that want to cancel orders less than two minutes after the series open
trigger would still be able to submit requests to cancel individual
orders. The Exchange further believes that it is appropriate to provide
the Exchange with the ability to adjust the designated time period via
Trader Update to no more than five minutes because it would provide
additional flexibility for the Exchange to respond to the needs of ATP
Holders to implement the instruction to cancel Marketable orders on a
different time basis. The Exchange believes that a cap of five minutes
would be reasonable because very few series remain unopened five
minutes after the series open trigger. The Exchange notes that this is
an optional instruction, and therefore no ATP Holder is required to use
this proposed new risk feature. The Exchange further notes that
Exchange flexibility in connection with designating time periods for
risk limitation measures is consistent with current Exchange rules.\7\
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    \7\ See, e.g., Commentary .03 to Rule 928NY (Risk Limitation
Mechanism) (providing that the Exchange will ``specify via Trader
Update any applicable time period(s) for the Risk Limitation
Mechanisms; provided, however, that the Exchange will not specify a
time period of less than 100 milliseconds, inclusive of the duration
of any trading halt occurring within that time''). The Exchange also
provides for flexibility in its rules for other risk mechanism
parameters. See, e.g., Rule 967NY(b) (``Unless determined otherwise
by the Exchange and announced to ATP Holders via Trader Update, the
specified percentage shall be as follows: 100% for the contra-side
NBB or NBO priced at or below $1.00; and 50% for the contra-side NBB
or NBO priced above $1.00.'')
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    Finally, proposed Rule 952NY(d) would provide that this instruction
would not be available for orders entered by Floor Brokers via the
Electronic Order Capture System.\8\ The current EOC provider could not
systemically apply the proposed optional instruction on a firm-by firm
basis and therefore it would not be available to individual Floor
Brokers. The Exchange believes that because of the unique role of Floor
Brokers on the Exchange to provide manual, high-touch services on
behalf of customers, Floor Brokers should not need this optional
feature. Specifically, unlike an off-Floor ATP Holder that may be
relying on an algorithm to send orders in a multitude of series, a
Floor Broker that provides high-touch services would be present on the
Trading floor and in a position to monitor whether the Exchange has
opened a series, and if not, whether to cancel an order that becomes
Marketable.
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    \8\ As defined in Rule 900.2NY(20), the term ``Electronic Order
Capture System'' or ``EOC'' means the Exchange's electronic audit
trail and order tracking system that provides an accurate time-
sequenced record of all orders and transactions on the Exchange. As
further defined, the EOC includes the electronic communications
interface between EOC booth terminals and the Floor Broker Hand Held
applications and also contains an electronic order entry screen.
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    The Exchange will announce via Trader Update when this proposed
optional feature will be available, which, subject to effectiveness of
this proposed rule change, the Exchange anticipates will be in early
August 2021.
2. Statutory Basis
    For the reasons set forth above, the Exchange believes the proposed
rule change is consistent with Section 6(b) of the Act \9\ in general,
and furthers the objectives of Sections 6(b)(4) and (5) of the Act,\10\
in that it is designed to promote just and equitable principles of
trade, 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.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because it is designed to provide ATP Holders
with an optional risk protection mechanism to instruct the Exchange to
cancel Marketable orders in an option series on their behalf if that
series has not opened on the Exchange within a

specified time period. The Exchange does not open a series if Market
Makers have not quoted within the acceptable range of bid-ask
differentials as specified in Rule 925NY(b)(4). However, it is possible
that another exchange, with different opening process rules, could have
opened that series for trading even if the Exchange does not. If an
order that an ATP Holder sent to the Exchange before Core Trading Hours
begins becomes Marketable on another exchange before the Exchange opens
that series for trading, such ATP Holder could choose to cancel the
order and then send it to the other exchange. By providing ATP Holders
with an option to instruct the Exchange to cancel their Marketable
orders in a series under the specified circumstances, the Exchange
would perform this monitoring function on behalf of ATP Holders,
thereby reducing their operational risk.
    The Exchange believes that it would remove impediments to and
perfect the mechanism of a free and open market and a national market
system to provide that such instructions would not be applicable to
Marketable orders received after the designated time period ends
because the Exchange believes that ATP Holders that send orders to the
Exchange more than a specified period after series open trigger should
be aware that the Exchange has not yet opened that series for trading.
Therefore, any orders sent after that designated time period ends were
likely purposefully directed to the Exchange even though the Exchange
has not yet opened that series for trading.
    The Exchange believes that the proposed designated time period of
two minutes would remove impediments to and perfect the mechanism of a
free and open market and a national market system because it is
designed to provide time for Market Makers to update their quotes so
that the bid-ask differential in an option series is within an
acceptable range and therefore the series can open for trading on the
Exchange. The Exchange believes that the proposed two-minute period is
reasonable because on a typical trading day, approximately 98% of all
series that trade on the Exchange are open. ATP Holders that want to
cancel orders less than two minutes after the series open trigger would
still be able to submit requests to cancel individual orders. The
Exchange further believes that providing the Exchange with flexibility
to change the designated time period via Trader Update, provided that
it would never be longer than five minutes, would enable the Exchange
to respond to the needs of ATP Holders to implement the instruction to
cancel Marketable orders on a different time basis. The Exchange
believes that the proposed cap of five minutes would remove impediments
to and perfect the mechanism of a free and open market and a national
market system because on a typical day, approximately 99% of all series
are opened by 9:35 a.m. Eastern Time. The Exchange further notes that
this proposed risk mechanism would be optional, and therefore ATP
Holders would not be required to request that the Exchange cancel
unexecuted Marketable orders on their behalf if a series has not opened
within the designated time period. In addition, Exchange flexibility in
connection with designating time periods for risk limitation measures
is consistent with current Exchange rules.\11\
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    \11\ See supra note 7.
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    Finally, the Exchange believes that the proposal that the optional
instruction would not be available for orders entered by Floor Brokers
via the EOC would remove impediments to and perfect the mechanism of a
free and open market and a national market system because the current
EOC provider could not systemically apply the proposed optional
instruction on a firm-by firm basis. The instruction could therefore
not be segregated by individual Floor Brokers that each use the EOC.
The Exchange believes that because of the unique role of Floor Brokers
on the Exchange to provide manual, high-touch services on behalf of
customers, Floor Brokers should not need this optional bulk-cancel
feature. Specifically, unlike an off-Floor ATP Holder that may be
relying on an algorithm to send orders in a multitude of series, a
Floor Broker that provides high-touch services would be present on the
Trading floor and in a position to monitor whether the Exchange has
opened a series, and if not, whether to cancel an order that becomes
Marketable.

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 Exchange does not
believe the proposed rule change would impose any burden on intermarket
competition, as the proposed rule change is designed to provide an
option for ATP Holders to instruct the Exchange to cancel Marketable
orders if an option series does not open on the Exchange within a
designated time period. The Exchange believes that the proposed rule
change would promote intermarket competition because if the Exchange
cancels such orders on the instruction of an ATP Holder, such ATP
Holder could then choose to route such orders to another exchange that
has opened the option series for trading.
    The Exchange does not believe that the proposed rule change would
impose any burden on intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
proposed rule change provides for optional functionality. ATP Holders
would not be required to use this functionality. In addition, the
Exchange believes that because of the unique role of Floor Brokers on
the Exchange to provide manual, high-touch services on behalf of
customers, Floor Brokers should not need this optional bulk-cancel
feature and it would not impose any undue burden on intramarket
competition not to provide this optional feature to Floor Brokers.
Specifically, unlike an off-Floor ATP Holder that may be relying on an
algorithm to send orders in a multitude of series, a Floor Broker that
provides high-touch services would be present on the Trading floor and
in a position to monitor whether the Exchange has opened a series, and
if not, whether to cancel an order that becomes Marketable.

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 \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.

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    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\15\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the proposed rule change may become operative prior to 30 days after
the date of the filing. The Exchange states that waiver of the
operative delay would be consistent with the protection of investors
and the public interest because the proposed rule change, as described
above, would offer ATP Holders an additional, and optional, risk
limitation feature to instruct the Exchange to cancel their Marketable
orders if the Exchange does not open an option series within a
designated time frame. The Exchange further states that the technology
supporting the proposed rule change will be available prior to 30 days
after the date of the filing, and the Exchange seeks to implement the
proposed rule change without delay. For these reasons, the Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest. Accordingly, the
Commission hereby waives the operative delay and designates the
proposed rule change operative upon filing.\16\
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission also 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 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-2021-36 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-2021-36. 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-2021-36, and should be
submitted on or before September 9, 2021.

    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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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-17757 Filed 8-18-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Rules and Regulations]
[Pages 35737-35738]
[FR Doc No: 2023-11621]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31487; Amdt. No. 4061]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPS) and associated Takeoff Minimums
and Obstacle Departure procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective June 1, 2023. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 1, 2023.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30. 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected] or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., STB Annex, Bldg 26, Room 217,
Oklahoma City, OK 73099. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    This rule amends 14 CFR part 97 by establishing, amending,
suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The
complete regulatory description of each SIAP and its associated Takeoff
Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms 8260-3, 8260-4, 8260-5, 8260-15A, 8260-15B, when required by an
entry on 8260-15A, and 8260-15C.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers or
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the typed of SIAPS, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPs as identified in the amendatory language for Part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flights safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the

conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this 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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Lists of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on May 12, 2023.
Thomas J. Nichols,
Manager, Aviation Safety, Flight Standards Service, Standards Section,
Flight Procedures & Airspace Group, Flight Technologies & Procedures
Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, 14 CFR part
97 is amended by establishing, amending, suspending, or removing
Standard Instrument Approach Procedures and/or Takeoff Minimums and
Obstacle Departure Procedures effective at 0901 UTC on the dates
specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 15 June 2023

Rifle, CO, KRIL, ILS RWY 26, Amdt 4
Rifle, CO, KRIL, RNAV (GPS) W RWY 26, Amdt 2
Rifle, CO, KRIL, RNAV (GPS) X RWY 26, Amdt 2
Rifle, CO, KRIL, RNAV (GPS) Y RWY 8, Amdt 2
Coeur D'Alene, ID, KCOE, ILS OR LOC RWY 6, Amdt 5G
Coeur D'Alene, ID, KCOE, RNAV (GPS) RWY 6, Orig-F
Delphi, IN, 1I9, RNAV (GPS) RWY 18, Orig
Delphi, IN, 1I9, RNAV (GPS) RWY 36, Orig
Delphi, IN, 1I9, Takeoff Minimums and Obstacle DP, Orig
Grand Island, NE, KGRI, RNAV (GPS) RWY 13, Amdt 2
Grand Island, NE, KGRI, RNAV (GPS) RWY 17, Amdt 2
Newark, NJ, KEWR, COPTER ILS Y OR LOC Y RWY 4L, Amdt 2
Newark, NJ, KEWR, ILS Z OR LOC Z RWY 4L, ILS Z RWY 4L (SA CAT I),
ILS Z RWY 4L (SA CAT II), Amdt 16
Newark, NJ, KEWR, RNAV (GPS) RWY 4L, Amdt 3
Readington, NJ, N51, Takeoff Minimums and Obstacle DP, Amdt 1A
Salem, OR, KSLE, ILS OR LOC Z RWY 31, Amdt 32
Salem, OR, KSLE, LOC BC RWY 13, Amdt 10
Salem, OR, KSLE, LOC Y RWY 31, Amdt 5
Salem, OR, KSLE, Takeoff Minimums and Obstacle DP, Amdt 10
Richmond, VA, KRIC, ILS OR LOC RWY 34, ILS RWY 34 (SA CAT I), ILS
RWY 34 (CAT II), ILS RWY 34 (CAT III), Amdt 15A
    Rescinded: On May 11, 2023 (88 FR 30223), the FAA published an
amendment in Docket No. 31483, Amdt No. 4057, to part 97 of the
Federal Aviation Regulations under Sec.  97.33. The following entry
for, Huntington, WV, effective June 15, 2023, is hereby rescinded in
its entirety:
Huntington WV, KHTS, RNAV (GPS) RWY 12, Amdt 4

[FR Doc. 2023-11621 Filed 5-31-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 29, 2006 (Volume 71, Number 250)]
[Notices]
[Page 78414-78415]
[DOCID:fr29de06-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR07-5-000]

Cranberry Pipeline Corporation; Notice of Petition for Rate
Approval

December 22, 2006.
    Take notice that on December 18, 2006, Cranberry Pipeline
Corporation (Cranberry) filed, pursuant to section 284.123(b)(2) of the
Commission's regulations, a petition for rate approval requesting that
the Commission approve rates applicable to interruptible transportation
service rendered on its system in the State of West Virginia, and firm
and interruptible storage rates for both Cranberry's X-1 and Raleigh
Storage Fields. These rates will be applicable to the interruptible
transportation, and firm and interruptible storage of natural gas,
under Section 311(a)(2) of the Natural Gas Policy Act of 1978.
    Any person desiring to participate in this rate proceeding must
file a motion 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 and 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 date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not 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 online 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 email
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 pm Eastern Time January 8, 2007.
Magalie R. Salas,
Secretary.
 [FR Doc. E6-22363 Filed 12-28-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: April 24, 2009 (Volume 74, Number 78)]
[Notices]
[Page 18755-18758]
[DOCID:fr24ap09-102]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59791; File No. SR-NYSE-2009-42]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Implementing NYSE Realtime
Reference Price Service on a Permanent Basis

April 20, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 16, 2009, the New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to establish the NYSE Realtime Reference
Prices

service and to establish a flat monthly fee for that service. The
Exchange currently provides this service pursuant to a pilot program
\3\ and now proposes to make the service permanent. The service allows
a vendor to redistribute on a real-time basis last sale prices of
transactions that take place on the Exchange (``NYSE Realtime Reference
Prices''). The text of the proposed rule change is available at the
Exchange, the Commission's Public Reference Room, and http://
www.nyse.com.
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    \3\ See Release No. 34-57966 (June 16, 2008), 73 FR 35182 (June
20, 2008) (File No. SR-NYSE-2007-04) and Release No. 34-58443
(August 29, 2008), 73 FR 52436 (September 9, 2008) (File No. SR-
NYSE-2008-79; the ``Fee-Reduction Filing'').
---------------------------------------------------------------------------

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
    a. The Service
    The Exchange currently conducts a pilot program that has tested the
viability of NYSE Realtime Reference Prices. In its filing, the
Exchange stated that prior to the end of the pilot period, the Exchange
would assess its experience with the service and either submit a
proposed rule change that seeks to modify or eliminate the pilot
program or to make it permanent.\4\
---------------------------------------------------------------------------

    \4\ The Exchange initially proposed to end the pilot program on
November 1, 2008. The Exchange has submitted three extensions of the
end date for the pilot program on Forms 19b-4. (See Securities
Exchange Act Release No. 34-58893 (October 31, 2008), 73 FR 66093
(November 6, 2008) (File No. SR-NYSE-2008-113), Securities Exchange
(sic) Release No. 34-59185 (December 30, 2008), 74 FR 749 (January
7, 2009) (File No. SR-NYSE-2008-141) and Securities Exchange Act
Release No. 34-59653 (March 30, 2009), 74 FR 15536 (April 6, 2009)
(File No. SR-NYSE-2009-34)). The pilot program is currently
scheduled to end on June 30, 2009.
---------------------------------------------------------------------------

    The Exchange has found that the pilot program provides a low-cost
service that makes real-time prices widely available to casual
investors, provides vendors with a useful real-time substitute for
delayed prices; and relieves vendors of administrative burdens. The
product responds to the requirements for distribution of real-time last
sale prices over the internet for reference purposes, rather than as a
basis for making trading decisions. For those reasons, the Exchange is
now proposing to make it a permanent part of the Exchange's market data
offerings.
    The NYSE Realtime Reference Prices service allows internet service
providers, traditional market data vendors, and others (``NYSE-Only
Vendors'') to make available NYSE Realtime Reference Prices on a real-
time basis.\5\ The NYSE Realtime Reference Price information includes
last sale prices for all securities that trade on the Exchange. The
product includes only prices; it does not include the size of each
trade or bid/asked quotations.
---------------------------------------------------------------------------

    \5\ The Exchange notes that it will make the NYSE Realtime
Reference Prices available to vendors no earlier than it makes those
prices available to the processor under the CTA Plan.
---------------------------------------------------------------------------

    Under the pilot program, the Exchange does not permit NYSE-Only
Vendors to provide NYSE Realtime Reference Prices in a context in which
a trading or order-routing decision can be implemented unless the NYSE-
Only Vendor also provides consolidated displays of Network A last sale
prices available in an equivalent manner, as Rule 603(c)(1) of
Regulation NMS requires. The Exchange proposes to keep this same
prohibition in the permanent offering
    As with the pilot program, the permanent service would eliminate
some of the administrative burdens associated with the distribution of
real-time CTA prices. The permanent service would feature the same
flat, fixed monthly vendor fee, no user-based fees, no vendor reporting
requirements, and no professional or non-professional subscriber
agreements.
    b. The Fee
    During the pilot program, the Exchange first established a $100,000
monthly flat fee that entitles an NYSE-Only Vendor to receive access to
the NYSE Realtime Reference Prices datafeed. In the Fee-Reduction
Filing, it reduced that fee to $70,000. The Exchange proposes to retain
the $70,000 fee for the permanent service. For that fee, the NYSE-Only
Vendor may provide unlimited NYSE Realtime Reference Prices to an
unlimited number of the NYSE-Only Vendor's subscribers and customers.
The pilot program does not impose any device or end-user fee for the
NYSE-Only Vendors' distribution of NYSE Realtime Reference Prices and
the Exchange is not proposing to add any new fees for the permanent
service.
    As with the pilot program, the Exchange proposes to require the
NYSE-Only Vendor to identify the NYSE trade price by placing the text
``NYSE Data'' in close proximity to the display of each NYSE Realtime
Reference Price or series of NYSE Realtime Reference Prices, or by
complying with such other identification requirement as to which NYSE
may agree.
    The NYSE-Only Vendor may make NYSE Realtime Reference Prices
available without having to differentiate between professional
subscribers and nonprofessional subscribers, without having to account
for the extent of access to the data, and without having to report the
number of users.
    The flat fee enables internet service providers and traditional
vendors that have large numbers of casual investors as subscribers and
customers to contribute to the Exchange's operating costs in a manner
that is appropriate for their means of distribution.
    In setting the level of the NYSE Realtime Reference Prices fee, the
Exchange took into consideration several factors, including:
    (1) The fees that Nasdaq and NYSE Arca are charging for similar
services (sic)
    (2) Consultation with some of the entities that the Exchange
anticipates will be the most likely to take advantage of the proposed
service;
    (3) The contribution of market data revenues that the Exchange
believes is appropriate for entities that provide market data to large
numbers of investors, which are the entities most likely to take
advantage of the proposed service;
    (4) The contribution that revenues accruing from the proposed fee
will make to meet the overall costs of the Exchange's operations;
    (5) The savings in administrative and reporting costs that the NYSE
Realtime Reference Prices service will provide to NYSE-Only Vendors;
and
    (6) The fact that the proposed fee provides an alternative to
existing fees under the CTA Plan, an alternative that vendors will
purchase only if they determine that the perceived benefits outweigh
the cost.
    The Exchange believes that the level of the fee is consistent with
the approach set forth in the order by which the Commission approved
ArcaBook fees.\6\ In the ArcaBook Approval Order, the Commission stated
that ``when

possible, reliance on competitive forces is the most appropriate and
effective means to assess whether the terms for the distribution of
non-core data are equitable, fair and reasonable, and not unreasonably
discriminatory.'' \7\ It noted that if significant competitive forces
apply to a proposal, the Commission will approve it unless a
substantial countervailing basis exists.
---------------------------------------------------------------------------

    \6\ See Release No. 34-59039 (December 2, 2008), 73 FR 74770
(December 9, 2008) (SR-NYSEArca-2006-21) (the ``ArcaBook Approval
Order'').
    \7\ Id. at 74771.
---------------------------------------------------------------------------

    NYSE Realtime Reference Prices constitute ``non-core data.'' The
Exchange does not require a central processor to consolidate and
distribute the product to the public pursuant to joint-SRO plans.
Rather, the Exchange distributes the product voluntarily.
    In the case of NYSE Realtime Reference Prices, both of the two
types of competitive forces that the Commission described in the
ArcaBook Approval Order are present: The Exchange has a compelling need
to attract order flow and the product competes with a number of
alternative products.
    The Exchange must compete vigorously for order flow to maintain its
share of trading volume. This requires the Exchange to act reasonably
in setting market data fees for non-core products such as NYSE Realtime
Reference Prices. The Exchange hopes that NYSE Realtime Reference
Prices will enable vendors to distribute NYSE last sale price data
widely among investors, and thereby provide a means for promoting the
Exchange's visibility in the marketplace.
    In addition to the need to attract order flow, the availability of
alternatives to NYSE Realtime Reference Prices significantly constrains
the prices at which the Exchange can market NYSE Realtime Reference
Prices. All national securities exchanges, the several Trade Reporting
Facilities of FINRA, and ECNs that produce proprietary data, as well as
the core data feed, are all sources of competition for NYSE Realtime
Reference Prices. Currently, NYSE Arca and Nasdaq offer similar
services. (The Exchange anticipates that NYSE Arca will soon file for
permanent approval of the fee for its counterpart product.)
    The information available in NYSE Realtime Reference is included in
the CTA core data feed, which also includes the size of trades, as well
as last sale information from other markets. Even though NYSE Realtime
Reference Prices omits size and provides prices that are not
consolidated with those of other markets, investors may select it as a
less expensive alternative to the CTA Plan's consolidated last sale
price services for certain purposes. (Rule 603(c) of Regulation NMS
requires vendors to make the core data feeds available to customers
when trading and order-routing decisions can be implemented.)
    c. Contracts
    As with the pilot program, NYSE proposes to allow NYSE-Only Vendors
to provide NYSE Realtime Reference Prices without requiring the end-
users to enter into contracts for the benefit of the Exchange.
    Instead, the Exchange proposes to require NYSE-Only Vendors to
provide a readily visible hyperlink that will send the end-user to a
warning notice about the end-user's receipt and use of market data. The
notice would be similar to the notice that vendors provide today when
providing CTA delayed data services.
    The Exchange will require NYSE-Only Vendors to enter into the form
of ``vendor'' agreement into which the CTA and CQ Plans require
recipients of the Network A datafeeds to enter (the ``Network A Vendor
Form''). The Network A Vendor Form will authorize the NYSE-Only Vendor
to provide the NYSE Realtime Reference Prices service to its
subscribers and customers.
    The Network A Participants drafted the Network A Vendor Form as a
one-size-fits-all form to capture most categories of market data
dissemination. It is sufficiently generic to accommodate NYSE Realtime
Reference Prices. The Commission has approved the Network A Vendor
Form.\8\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release Nos. 28407 (September 6,
1990), 55 FR 37276 (September 10, 1990) (File No. 4-281); 49185
(February 4, 2004), 69 FR 6704 (February 11, 2004) (SR-CTA/CQ-2003-
01).
---------------------------------------------------------------------------

    The Exchange will supplement the Network A Vendor Form with an
Exhibit C that will provide above-described terms and conditions that
are unique to the NYSE Realtime Reference Prices service. The proposed
Exhibit C is substantially similar to the Exhibit C that NYSE uses for
the pilot program (except for provisions related to the conduct of the
pilot program) and is attached to this proposed rule change as Exhibit
5, marked to show changes from the version used for the pilot program.
The supplemental Exhibit C terms and conditions would govern:
     The restriction against providing the service in the
context of a trading or order-routing service;
     The replacement of end-user agreements with a hyperlink to
a notice;
     The substance of the notice; and
     The ``NYSE Data'' labeling requirement.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(4) \9\ that an exchange have rules that
provide for the equitable allocation of reasonable dues, fees and other
charges among its members and other persons using its facilities and
the requirements under Section 6(b)(5) \10\ that the rules of an
exchange be designed to promote just and equitable principles of trade
and not to permit unfair discrimination between customers, issuers,
brokers or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed rule change would benefit investors by facilitating
their prompt access to widespread, free, real-time pricing information
contained in the NYSE Realtime Reference Prices service. In addition,
the Exchange believes that the proposed fee would allow entities that
provide market data to large numbers of investors, which are the
entities most likely to take advantage of the proposed service, to make
an appropriate contribution towards meeting the overall costs of the
Exchange's operations.

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

    NYSE Realtime Reference Prices proposes to provide an alternative
to existing fees and does not alter or rescind any existing fees. In
addition, it amounts to a competitive response to the products that
Nasdaq and NYSE Arca have commenced to make available. For those
reasons, the Exchange does not believe that this proposed rule change
will result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

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

    The Exchange has discussed the proposed rules change with those
entities that the Exchange believes would be the most likely to take
advantage of the proposed NYSE Realtime Reference Prices service by
becoming NYSE-Only Vendors. While those entities have not submitted
formal, written comments on the proposal, the Exchange has incorporated
some of their ideas into the proposal and this proposed rule change
reflects their input. 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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (a) By order approve such proposed rule change, or
    (b) institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2009-42 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-NYSE-2009-42. 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, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the filing also
will be available for inspection and copying at the 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-
NYSE-2009-42 and should be submitted on or before May 15, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-9387 Filed 4-23-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 232 (Thursday, December 3, 2015)]
[Notices]
[Page 75673]
[FR Doc No: 2015-30566]

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

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: EG16-24-000.
    Applicants: Blythe Solar 110, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Blythe Solar 110, LLC.
    Filed Date: 11/24/15.
    Accession Number: 20151124-5263.
    Comments Due: 5 p.m. ET 12/15/15.

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

    Docket Numbers: ER10-2074-006; ER10-2097-008.
    Applicants: Kansas City Power & Light Company, KCP&L Greater
Missouri Operations Company.
    Description: Notice of Change in Status of Kansas City Power &
Light Company, et al.
    Filed Date: 11/24/15.
    Accession Number: 20151124-5258.
    Comments Due: 5 p.m. ET 12/15/15.

    Docket Numbers: ER10-3297-008.
    Applicants: Powerex Corp.
    Description: Notice of Non-Material Change in Status of Powerex
Corp.
    Filed Date: 11/25/15.
    Accession Number: 20151125-5247.
    Comments Due: 5 p.m. ET 12/16/15.

    Docket Numbers: ER16-388-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Cancellation: Notice of Cancellation LGIA Alta
Windpower Development to be effective 9/11/2015.
    Filed Date: 11/25/15.
    Accession Number: 20151125-5022.
    Comments Due: 5 p.m. ET 12/16/15.

    Docket Numbers: ER16-389-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Amendment to DWR Midway-
Wheeler Ridge Agreement (RS245) to be effective 1/25/2016.
    Filed Date: 11/25/15.
    Accession Number: 20151125-5033.
    Comments Due: 5 p.m. ET 12/16/15.

    Docket Numbers: ER16-390-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Lathrop Irrigation District
IA and TFA (SA 298) to be effective 11/30/2015.
    Filed Date: 11/25/15.
    Accession Number: 20151125-5038.
    Comments Due: 5 p.m. ET 12/16/15.

    Docket Numbers: ER16-391-000.
    Applicants: Public Service Company of New Hampshire.
    Description: Sec.  205(d) Rate Filing: Schiller Generating Station
LGIA--Service Agreement No. IA-ES-31 to be effective 1/1/2016.
    Filed Date: 11/25/15.
    Accession Number: 20151125-5090.
    Comments Due: 5 p.m. ET 12/16/15.

    Docket Numbers: ER16-392-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2015-11-25_Attachment MM
AFUDC Filing to be effective 1/1/2016.
    Filed Date: 11/25/15.
    Accession Number: 20151125-5102.
    Comments Due: 5 p.m. ET 12/16/15.

    Docket Numbers: ER16-393-000.
    Applicants: Fowler Ridge Wind Farm LLC.
    Description: Compliance filing: Compliance Filing--Removal of
Tariff Waiver to be effective 11/1/2015.
    Filed Date: 11/25/15.
    Accession Number: 20151125-5124.
    Comments Due: 5 p.m. ET 12/16/15.

    Docket Numbers: ER16-394-000.
    Applicants: NedPower Mount Storm, LLC.
    Description: Compliance filing: Compliance Filing--Removal of
Affiliate Waiver to be effective 11/1/2015.
    Filed Date: 11/25/15.
    Accession Number: 20151125-5186.
    Comments Due: 5 p.m. ET 12/16/15.

    Docket Numbers: ER16-395-000.
    Applicants: Selmer Farm, LLC.
    Description: Compliance filing: Compliance Filing--Removal of
Affiliate Waiver to be effective 11/1/2015.
    Filed Date: 11/25/15.
    Accession Number: 20151125-5190.
    Comments Due: 5 p.m. ET 12/16/15.

    Docket Numbers: ER16-396-000.
    Applicants: CID Solar, LLC.
    Description: Compliance filing: Compliance Filing--Removal of
Affiliate Tariff to be effective 11/1/2015.
    Filed Date: 11/25/15.
    Accession Number: 20151125-5246.
    Comments Due: 5 p.m. ET 12/16/15.

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

    Docket Numbers: ES16-6-000.
    Applicants: Commonwealth Edison Company.
    Description: Amendment to October 30, 2015 Application of
Commonwealth Edison Company Under Section 204 of the Federal Power Act
for Authorization of the Issuance Securities.
    Filed Date: 11/24/15.
    Accession Number: 20151125-5093.
    Comments Due: 5 p.m. ET 12/4/15.

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

    Dated: November 25, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-30566 Filed 12-2-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Proposed Rules]
[Pages 19278-19280]
[FR Doc No: 2011-8276]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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

Federal Register / Vol. 76, No. 67 / Thursday, April 7, 2011 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0303; Directorate Identifier 2010-NM-214-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 747-100, 747-
100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400,
747-400D, 747-400F, 747SR, and 747SP Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to the products listed above. The existing AD
currently requires an inspection of the No. 2 and No. 3 windows on the
left and right sides of the airplane to determine their part numbers,
related investigative and corrective actions if necessary, and
repetitive inspections of single pane windows. Since we issued that AD,
we have determined that terminating action for the repetitive
inspections is necessary. This proposed AD would add a requirement to
install dual pane No. 2 and No. 3 windows. This proposed AD also
removes certain airplanes from the applicability. We are proposing this
AD to detect and correct cracking in the fail-safe interlayer of
certain No. 2 and No. 3 glass windows, which could result in loss of
the window and consequent rapid loss of cabin pressure. Loss of the
window could also result in crew communication difficulties or
incapacitation of the crew.

DATES: We must receive comments on this proposed AD by May 23, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; phone:<PHONE_NUMBER>,
extension 1; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet:
https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Steven Fox, Senior Aerospace Engineer,
Airframe Branch, ANM-120S, Seattle Aircraft Certification Office (ACO),
FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone: 425-
917-6425; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0303;
Directorate Identifier 2010-NM-214-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On July 18, 2007, we issued AD 2007-15-10, Amendment 39-15139 (72
FR 41438, July 30, 2007), for all Boeing Model 747 airplanes. A
correction of that AD was published in the Federal Register on
September 21, 2007 (72 FR 53923), which corrected a typographical error
in paragraph (g) compliance times of flight cycles to flight hours.
That AD requires an inspection of the No. 2 and No. 3 windows on the
left and right sides of the airplane to determine their part numbers,
and related investigative and corrective actions if necessary; and
repetitive inspections of single pane windows. That AD resulted from
loss of a No. 3 window in-flight. We issued that AD to detect and
correct cracking in the fail-safe interlayer of certain No. 2 and No. 3
glass windows, which could result in loss of the window and consequent
rapid loss of cabin pressure. Loss of the window could also result in
crew communication difficulties or incapacitation of the crew.

Actions Since Existing AD Was Issued

    The preamble of the original NPRM for AD 2007-15-10 (Docket Number
FAA-2006-26441, Directorate Identifier 2006-NM-204-AD) specifies that
we consider the actions an ``interim action until final action is
identified, at which time we may consider further rulemaking''. We have
determined that further rulemaking is indeed necessary; this proposed
AD follows from that determination.

Relevant Service Information

    AD 2007-15-10 cited Boeing Alert Service Bulletin 747-56A2012,
dated August 24, 2006, as the relevant source of service information.
Since we issued AD 2007-15-10, Boeing has issued Service Bulletin 747-
56A2012, Revision 1, dated August 12, 2010. Boeing Service Bulletin
747-56A2012, Revision

1, dated August 12, 2010, describes essentially the same actions
described in Boeing Alert Service Bulletin 747-56A2012, dated August
24, 2006, and also describes procedures for replacing single pane No. 2
and No. 3 windows with dual pane windows. Boeing Service Bulletin 747-
56A2012, Revision 1, dated August 12, 2010, also removes airplanes line
numbers 1418 and on from the effectivity. The inspections in Boeing
Service Bulletin 747-56A2012, Revision 1, dated August 12, 2010, are
not necessary on airplanes having line numbers 1418 and on, which have
the new dual structural glass pane windows installed in production.
Boeing Service Bulletin 747-56A2012, Revision 1, dated August 12, 2010,
specifies that installation of the new dual structural glass pane
windows ends the repetitive inspections specified in Boeing Alert
Service Bulletin 747-56A2012, dated August 24, 2006.

FAA's Determination

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

Proposed AD Requirements

    This proposed AD would retain certain requirements of AD 2007-15-
10. This proposed AD would also require accomplishing the actions
specified in Boeing Service Bulletin 747-56A2012, Revision 1, dated
August 12, 2010, except as discussed under ``Differences Between the
Proposed AD and the Service Information.'' This proposed AD also
removes airplanes having line numbers 1418 and on from the
applicability.

Differences Between the Proposed AD and the Service Information

    This AD proposes to prohibit installed dual structural glass pane
windows from being replaced with single structural glass pane windows.
This proposed AD would also add a definition of ``non-clear damage'',
which the Accomplishment Instructions of Boeing Service Bulletin 747-
56A2012, Revision 1, dated August 12, 2010, use as criteria for window
replacement.

Costs of Compliance

    We estimate that this proposed AD affects 144 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per    Cost on U.S.
                  Action                            Labor cost           Parts cost    product       operators
----------------------------------------------------------------------------------------------------------------
Inspection to determine window part        4 work-hours x $85 per hour           $0         $340         $48,960
 numbers; retained from existing AD.        = $340.
Detailed inspection, if necessary;         1 work-hour x $85 per hour             0           85          12,240
 retained from existing AD.                 = $85.
Dual pane window replacement; new          16 work-hours x $85 per           44,014       45,374       6,533,856
 proposed action.                           hour = $1,360.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Window replacement............................  16 work-hours x $85 per hour =           $44,014         $45,374
                                                 $1,360.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

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

    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]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive
(AD) 2007-15-10, Amendment 39-15139 (72 FR 41438, July 30, 2007),
corrected at 72 FR 53923, September 21, 2007, and adding the following
new AD:

The Boeing Company: Docket No. FAA-2011-0303; Directorate Identifier
2010-NM-214-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by May 23,
2011.

Affected ADs

    (b) This AD supersedes AD 2007-15-10, Amendment 39-15139.

Applicability

    (c) This AD applies to The Boeing Company Model 747-100, 747-
100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400,
747-400D, 747-400F, 747SR, and 747SP Series Airplanes, certificated
in any category, as identified in Boeing Service Bulletin 747-
56A2012, Revision 1, dated August 12, 2010.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 56, Windows.

Unsafe Condition

    (e) This AD was prompted by loss of a No. 3 window in-flight. We
are issuing this AD to detect and correct cracking in the fail-safe
interlayer of certain No. 2 and No. 3 glass windows, which could
result in loss of the window and consequent rapid loss of cabin
pressure. Loss of the window could also result in crew communication
difficulties or incapacitation of the crew.

Compliance

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

Restatement of Requirements of AD 2007-15-10, With New Service
Information

Inspection, Related Investigative Actions, and Corrective Action

    (g) Inspect the No. 2 and No. 3 windows on the left and right
sides of the airplane to determine their part numbers, and do all
the applicable related investigative and corrective actions, by
accomplishing all of the actions specified in the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-56A2012, dated
August 24, 2006; or Boeing Service Bulletin 747-56A2012, Revision 1,
dated August 12, 2010; except as required by paragraph (j) of this
AD; as applicable. Do all of these actions at the compliance times
specified in Tables 1, 2, and 3 of paragraph 1.E. of Boeing Alert
Service Bulletin 747-56A2012, dated August 24, 2006, as applicable,
except as provided by paragraph (h) of this AD. A review of airplane
maintenance records is acceptable in lieu of the inspection if the
part numbers of the windows can be conclusively determined from that
review. Repeat the related investigative and corrective actions
thereafter at the interval specified in Table 2 or 3 of paragraph
1.E. of Boeing Alert Service Bulletin 747-56A2012, dated August 24,
2006, as applicable. As of the effective date of this AD, do the
actions specified in this paragraph, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 747-56A2012,
Revision 1, dated August 12, 2010, except as required by (j) of this
AD. Replacing a window in accordance with paragraph (i) of this AD
terminates the requirements of this paragraph for that window.

Exception to Compliance Times

    (h) Where Tables 1, 2, and 3 of paragraph 1.E. of Boeing Alert
Service Bulletin 747-56A2012, dated August 24, 2006, specify
counting the compliance time from ``* * * after the date on this
service bulletin,'' this AD requires counting the compliance time
from September 4, 2007 (the effective date of AD 2007-15-10). After
replacing a discrepant window with a new window, having part number
(P/N) 65B27042-(), 65B27043-(), 65B27046-(), or 65B27047-(), do the
initial detailed inspection of the new window at the applicable
compliance time: (1) Within 5,500 flight hours after installing P/N
65B27042-() or 65B27043-(), or (2) Within 22,000 flight hours after
installing P/N 65B27046-() or 65B27047-().

New Requirements of This AD

    (i) Within 6 years after the effective date of this AD, replace
all No. 2 windows having P/N 65B27042-() or 65B27046-(), with
windows having P/N 141U4821-() or 141U4822-(), and replace all No. 3
windows having P/N 65B27043-() or 65B27047-() with windows having P/
N 141U4831-() or 141U4832-(), in accordance with Part 3--Window
Replacement of the Accomplishment Instructions of Boeing Service
Bulletin 747-56A2012, Revision 1, dated August 12, 2010. Doing this
replacement for all windows terminates the actions required by
paragraphs (g) and (h) of this AD.
    (j) Where Step 4.e. of Part 2 of the Work Instructions of Boeing
Service Bulletin 747-56A2012, Revision 1, dated August 12, 2010,
specifies ``non-clear damage'' as a criteria for window replacement,
this AD defines non-clear damage to be any degradation of the
transparency of the window, which would hinder the internal or
external detailed inspections for fail-safe interlayer cracks, glass
pane cracks and chips, and indications of arcing. Replacement for
non-clear damage is required by this AD only if the non-clear damage
hinders the inspection for fail-safe interlayer cracks, glass pane
cracks and chips, or indications of arcing.

Parts Installation

    (k) As of the effective date of this AD, do not install any No.
2 or No. 3 window having P/N 65B27042-(), 65B27043-(), 65B27046-(),
or 65B27047-() that is not new or on which the window flight hours
are not known, on any airplanes, unless the actions specified in
paragraph (g) of this AD are done.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the ACO, send it to the attention of the
person identified in the Related Information section of this AD.
Information may be e-mailed 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 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 to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.
    (4) AMOCs previously approved in accordance with AD 2007-15-10,
Amendment 39-15139, are approved as AMOCs for the corresponding
provisions of this AD except previous AMOCs approving window
replacement that do not specify installing dual structural glass
pane windows are not considered approved for corresponding
inspection methods required by this AD.

Related Information

    (m) For more information about this AD, contact Steven Fox,
Senior Aerospace Engineer, Airframe Branch, ANM120S, Seattle
Aircraft Certification Office (ACO), FAA, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; phone:<PHONE_NUMBER>; fax: 425-917-
6590; e-mail<EMAIL_ADDRESS>You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.

    Issued in Renton, Washington, on March 23, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-8276 Filed 4-6-11; 8:45 am]
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