[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Page 61664]
[FR Doc No: 2018-26010]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4401-DR; Docket ID FEMA-2018-0001]

Virginia; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Virginia (FEMA-4401-DR), dated October 15,
2018, and related determinations.

DATES: This amendment was issued November 15, 2018.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Virginia is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of October 15, 2018.

    The counties of Botetourt, Chesterfield, Franklin, Lunenburg,
Mathews, Mecklenburg, Nottoway, Pulaski, and Roanoke and the
independent cities of Bristol, Danville, and Martinsville for Public
Assistance.

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

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-26010 Filed 11-29-18; 8:45 am]
 BILLING CODE 9111-11-P


Here are additional comments from OMB on the previous version ( dated 2/ 17). Many of the comments are risk related. We may need to meet next week ( after the workshop) to discuss this set of comments.

 Forwarded by Lula Melton/ RTP/ USEPA/ US on 04/ 12/ 2004 09: 42 AM

Edmond_ Toy@ omb. e op. gov 04/ 09/ 2004 03: 20 PM To: Lula Melton/ RTP/ USEPA/ US@ EPA, Steve Fruh/ RTP/ USEPA cc: Subject: More comments for coke ovens ( See attached file: Comments2. pdf)

Let's try to have a conference call next week. Give me a call and let's try to schedule.


[Federal Register: August 22, 2008 (Volume 73, Number 164)]
[Notices]
[Page 49726-49728]
[DOCID:fr22au08-122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58376; File No. SR-NYSEArca-2008-70]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Amending NYSE Arca Equities Rule
5.2(j)(6)(B)(I), the Generic Listing Standard for Equity Index-Linked
Securities

August 18, 2008.

I. Introduction

    On June 27, 2008, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary, NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934

(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposal to amend NYSE
Arca Equities Rule 5.2(j)(6)(B)(I), the Exchange's generic listing
standard for equity index-linked securities (``Equity Index-Linked
Securities'') to: (1) Eliminate initial and continued listing
capitalization weighted and modified capitalization weighted index
requirements; and (2) to adjust certain equity index weighting criteria
and adopt notional volume traded per month to both initial listing
standards and continued listing standards. The proposed rule change was
published for comment in the Federal Register on July 17, 2008.\3\ The
Commission received no comments on the proposal. This order approves
the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 58142 (July 11,
2008), 73 FR 41147.
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II. Description of the Proposal

    NYSE Arca proposes to amend NYSE Arca Equities Rule
5.2(j)(6)(B)(I), the Exchange's generic listing standard for Equity
Index-Linked Securities to: (1) Eliminate initial and continued listing
capitalization weighted and modified capitalization weighted index
requirements; and (2) to adjust certain equity index weighting criteria
and adopt notional volume traded per month to both the initial listing
standards and continued listing standards.
    The Exchange proposes that capitalization weighted index or
modified capitalization weighted indexes comply with the initial and
continued listing requirements currently applicable to all other equity
indexes under NYSE Arca Equities Rule 5.2(j)(6)(B)(I) regardless of the
index methodology.
    For Equity Index-Linked Securities, the Exchange proposes to
eliminate NYSE Arca Equities Rule 5.2(j)(6)(B)(I)(1)(b)(iii), the
current initial listing requirement that, in the case of a
capitalization weighted index or modified capitalization weighted
index, the lesser of the five highest dollar weighted component
securities in the index or the highest dollar weighted component
securities in the index that in the aggregate represent at least 30% of
the total number of component securities in the index, must have an
average monthly trading volume of at least 2,000,000 shares over the
previous six months. The Exchange also proposes to eliminate NYSE Arca
Equities Rule 5.2(j)(6)(B)(I)(2)(a)(iii), the current continued listing
requirement, that in the case of a capitalization weighted index or
modified capitalization weighted index, the lesser of the five highest
dollar weighted component securities in the index or the highest dollar
weighted component securities in the index that in the aggregate
represent at least 30% of the total number of stocks in the index have
an average monthly trading volume of at least 1,000,000 shares over the
previous six months.
    The Exchange is also proposing to: (i) Remove the requirement that
each of the lowest weighted component securities in the index that in
the aggregate account for 10% of the weight of the index have trading
volume of at least 500,000 shares per month for each of the last six
months; and (ii) adopt minimum global notional volume (``Global
Notional Volume'') \4\ traded per month of $25,000,000 averaged over of
the last six months as an option for meeting the listing requirements.
---------------------------------------------------------------------------

    \4\ Global Notional Volume is defined as the total shares traded
globally times the price per share.
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    With respect to the continued listing criteria, Rule
5.2(j)(6)(B)(I)(2)(a)(ii) currently sets forth that the trading volume
of each component security in the index must be at least 500,000 shares
for each of the last six months, except that for each of the lowest
weighted components in the index that in the aggregate account for no
more than 10% of the weight of the index, trading volume must be at
least 400,000 shares for each of the last six months.
    The Exchange is proposing to: (i) Remove the requirement that the
lowest weighted component securities in the index that in the aggregate
accounting for no more than 10% of the weight of the index have trading
volume of at least 400,000 shares for each of the last six months; and
(ii) adopt minimum Global Notional Volume traded per month of
$12,500,000 averaged over the last six months as an option for
satisfying the continued listing requirements.

III. Commission's Findings and Order Granting Approval of the Proposed
Rule Change

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\5\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act \6\ in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanisms 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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    \5\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78f(b)(5).
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    The Commission believes that the Exchange's proposal to eliminate
the above-described initial and continued listing requirements for
Equity-Index Linked Securities based upon capitalization weighted and
modified capitalization weighted indexes would subject all Equity
Index-Linked Securities to the same listing requirements, regardless of
the methodology upon which a product's underlying index is based. The
Commission believes that the proposal should facilitate the listing and
trading of Equity Index-Linked Securities with different index
methodologies, thus benefiting investors by providing them with a wider
selection of derivative products.
    The Exchange also proposes to adjust the index weighting criteria
in NYSE Arca Equities Rules 5.2(j)(6)(B)(I)(1)(b)(ii) and
5.2(j)(6)(B)(I)(2)(a)(ii) and to adopt an averaged minimum global
notional volume traded per month as an option for meeting these initial
and continued listing requirements. The Commission believes that
focusing the listing requirements on measuring component stocks that in
the aggregate account for 90% of the weight of an index should be
sufficient to evaluate the liquidity of an index underlying a given
Equity-Index Linked Security. The Commission further believes that the
use of global notional volume as an alternative measure to global
trading volume is acceptable in that it should mitigate the volume
discrepancies between low- and high-priced stocks. Finally, the
Exchange's proposal to adopt an average of trading or notional volume,
as the case may be, should help to eliminate seasonal volume
fluctuations that may occur in the trading of an Equity-Index Linked
Security in a given month. The Commission believes that the proposal
should promote competition and benefit investors, Equity Index-Linked
Securities issuers, and third-party index sponsors by expediting the
Exchange's ability to list and trade Equity Index-Linked Securities
based on a broader group of indexes.
    For the foregoing reasons, the Commission believes that the
proposed rule change is consistent with the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\7\ that the proposed rule change (SR-NYSEArca-2008-70) be, and it
hereby is, approved.
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    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-19474 Filed 8-21-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Rules and Regulations]
[Pages 12407-12410]
[FR Doc No: 2017-03972]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6893; Directorate Identifier 2015-NM-181-AD;
Amendment 39-18812; AD 2017-05-02]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A318-112 airplanes; Model A319-111, -112, -115, -132, and
-133 airplanes; Model A320-214, -232, and -233 airplanes; and Model
A321-211, -212, -213, -231, and -232 airplanes. This AD was prompted by
a quality control review on the final assembly line, which determined
that the wrong aluminum alloy was used to manufacture several
structural parts. This AD requires a one-time eddy current conductivity
measurement of certain cabin and cargo compartment structural parts to
determine if an incorrect aluminum alloy was used, and replacement if
necessary. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective April 7, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 7,
2017.

ADDRESSES: For service information identified in this final rule,
contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email<EMAIL_ADDRESS>Internet:
http://www.airbus.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6893.

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-
6893; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) 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: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Airbus Model A318-
112 airplanes; Model A319-111, -112, -115, -132, and -133 airplanes;
Model A320-214, -232, and -233 airplanes; and Model A321-211, -212, -
213, -231, and -232 airplanes. The NPRM published in the Federal
Register on May 26, 2016 (81 FR 33438). The NPRM was prompted by a
quality control review on the final assembly line, which determined
that the wrong aluminum alloy was used to manufacture several
structural parts. The NPRM proposed to require a one-time eddy current
conductivity measurement of certain cabin and cargo compartment
structural parts to determine if an incorrect aluminum alloy was used,
and replacement if necessary. We are issuing this AD to detect and
replace structural parts made of incorrect aluminum alloy. This
condition could result in reduced structural integrity of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2015-0218, dated November 3, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus Model
A318-112 airplanes; Model A319-111, -112, -115, -132, and -133
airplanes; Model A320-214, -232, and -233 airplanes; and Model A321-
211, -212, -213, -231, and -232 airplanes. The MCAI states:

    Following an Airbus quality control review on the final assembly
line, it was discovered that wrong aluminum alloy were delivered

by a supplier for several structural parts. The results of the
investigations highlighted that 0.04% of the stock could be impacted
by this wrong material.
    Structural investigations demonstrated the capability to sustain
the static limits loads, and sufficient fatigue life up to a certain
inspection threshold.
    This condition, if not detected and corrected, could reduce the
structural integrity of the aeroplane.
    To address this potential unsafe condition, Airbus issued
Service Bulletin (SB) A320-53-1298 and SB A320-53-1299 to provide
inspection instructions.
    For the reasons described above, this [EASA] AD requires a one-
time Special Detailed Inspection (SDI) [eddy current conductivity
measurements] of certain cabin and cargo compartment parts for
material identification and, depending on findings, replacement with
serviceable parts.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6893.

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

    One commenter, Jerry Curtis, expressed support for the NPRM.

Request To Refer to the Latest Service Information

    Airbus requested that we refer to the latest service information:
Airbus Service Bulletins A320-53-1298 and A320-53-1299, both Revision
01, both dated June 9, 2016. We referred to Airbus Service Bulletins
A320-53-1298 and A320-53-1299, both dated February 16, 2015, as the
appropriate sources of service information for accomplishing the
actions specified in the NPRM.
    We agree with the request to refer to the latest service
information. Airbus Service Bulletins A320-53-1298 and A320-53-1299,
both Revision 01, both dated June 9, 2016, include updated information
and specify that no additional work is necessary for airplanes modified
by the original issue. We have revised this AD to refer to Airbus
Service Bulletins A320-53-1298 and A320-53-1299, both Revision 01, both
dated June 9, 2016. We have also added credit for actions done before
the effective date of this AD using Airbus Service Bulletins A320-53-
1298 and A320-53-1299, both dated February 16, 2015.

Request To Correct a Certain Part Number (P/N)

    Allegiant Air asked if the part number, P/N D5358526421400, in the
ninth row of table 1 to paragraphs (g) and (h) of the proposed AD under
``Affected P/N'' is correct. Allegiant Air stated that the affected
part number is the same as the acceptable replacement part number.
    We acknowledge the commenter's concern; however, we have confirmed
that both part numbers in the ninth row of table 1 to paragraphs (g)
and (h) of this AD are the same and are correct as written. Therefore,
we have not changed this AD in this regard.

Additional Change to NPRM

    We have added paragraph (i) to this AD to clarify that no reporting
is required.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the change 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 AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Service Bulletins A320-53-1298 and A320-53-1299,
both Revision 01, both including Appendixes 01 through 03, both dated
June 9, 2016. The service information describes procedures for a one-
time eddy current conductivity measurement of certain cabin and cargo
compartment structural parts to determine if an incorrect aluminum
alloy was used, and replacement of any affected part with a serviceable
part. These documents are distinct since they apply to different parts
of the airplane (cabin and cargo compartment). 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 167 airplanes of U.S. registry.
    We also estimate that it takes about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD on U.S. operators to be $14,195, or $85 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all available costs in our
cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

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

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):

2017-05-02 Airbus: Amendment 39-18812; Docket No. FAA-2016-6893;
Directorate Identifier 2015-NM-181-AD.

(a) Effective Date

    This AD is effective April 7, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category;
manufacturer serial numbers 3586, 3588, 3589, 3590, 3595, 3604,
3608, 3614, 3615, 3620, 3632, 3634, 3638, 3647, 3651, 3657, 3660,
3661, 3663, 3671, 3675, 3680, 3683 through 3687 inclusive, 3689,
3691, 3694, 3700, 3702, 3704, 3705, 3710, 3720, 3727, 3728, 3733,
3735, 3742, 3744, 3746, 3754, 3757, 3759, 3763, 3768, 3770, 3772,
3774, 3775, 3779, 3788, 3790, 3794, 3797, 3799, 3801, 3803, 3808,
3810, 3818, 3822, 3824, 3826 through 4329 inclusive, 4331 through
6051 inclusive, 6053 through 6061 inclusive, 6063 through 6072
inclusive, 6074 through 6100 inclusive, 6102 through 6115 inclusive,
6117 through 6126 inclusive, 6128 through 6136 inclusive, 6138
through 6143 inclusive, 6145 through 6150 inclusive, 6152 through
6159 inclusive, 6161 and 6162.
    (1) Airbus Model A318-112 airplanes.
    (2) Airbus Model A319-111, -112, -115, -132, and -133 airplanes.
    (3) Airbus Model A320-214, -232, and -233 airplanes.
    (4) Airbus Model A321-211, -212, -213, -231, and -232 airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a quality control review of the final
assembly line which determined that the wrong aluminum alloy was
used to manufacture several structural parts. We are issuing this AD
to detect and replace structural parts made of incorrect aluminum
alloy. This condition could result in reduced structural integrity
of the airplane.

(f) Compliance

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

(g) One-Time Measurement

    Within 6 years after the effective date of this AD, but not
exceeding 12 years since the date of issuance of the original
certificate of airworthiness or the date of issuance of the original
export certificate of airworthiness: Do a one-time eddy current
conductivity measurement (with 60 kilohertz (kHz) and 480 kHz) of
the cabin and cargo compartment structural parts identified in the
``Affected P/N'' column of table 1 to paragraphs (g) and (h) of this
AD to determine if an incorrect aluminum alloy was used, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletins A320-53-1298, Revision 01, including Appendixes 01, 02,
and 03, dated June 9, 2016 (for cabin parts); and A320-53-1299,
Revision 01, including Appendixes 01, 02, and 03, dated June 9, 2016
(for cargo parts).

  Table 1 to Paragraphs (g) and (h) of This AD--Parts To Be Inspected/
                                Installed
------------------------------------------------------------------------
        Affected P/N          Acceptable replacement P/N       Area
------------------------------------------------------------------------
D5347120720000               D5347120720051               Cabin.
D5347120720100               D5347120720151               Cabin.
D5347120920000               D5347120920051               Cabin.
D5347120920100               D5347120920151               Cabin.
D5347118820400               D5347118820451               Cabin.
D5347717620000               D5347717620051               Cargo.
D5357020620000               D5357020620051               Cargo.
D5358526421200               D5358526421251               Cargo.
D5358526421400               D5358526421400               Cargo.
D5358526421000               D5358526421051               Cargo.
D5358513120001               D5358513120051               Cargo.
------------------------------------------------------------------------

(h) Replacement

    If during the inspection required by paragraph (g) of this AD,
any affected part having a part number (P/N) specified in table 1 to
paragraphs (g) and (h) of this AD is found to have a measured value
greater than that specified in Figure A-GFAAA, Sheet 02,
``Inspection Flowchart,'' of the applicable service information
identified in paragraph (g) of this AD: Before further flight,
replace with an acceptable replacement part having a part number
specified in table 1 to paragraphs (g) and (h) of this AD, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletins A320-53-1298, Revision 01, including Appendixes 01, 02,
and 03, dated June 9, 2016 (for cabin parts); and A320-53-1299,
Revision 01, including Appendixes 01, 02, and 03, dated June 9, 2016
(for cargo parts).

(i) No Reporting

    Although reporting of inspection results is specified as a
``Required for Compliance'' (RC) action in Airbus Service Bulletins
A320-53-1298, Revision 01, including Appendixes 01, 02, and 03,
dated June 9, 2016; and A320-53-1299, Revision 01, including
Appendixes 01, 02, and 03, dated June 9, 2016; this AD does not
require any report.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Airbus Service Bulletin
A320-53-1298, dated February 16, 2015; and Airbus Service Bulletin
A320-53-1299, dated February 16, 2015; as applicable.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as provided by
paragraph (i) of this AD: If any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2015-0218, dated November 3, 2015, for related
information. This MCAI may be found in the AD docket on the Internet
at

http://www.regulations.gov by searching for and locating Docket No.
FAA-2016-6893.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A320-53-1298, Revision 01, including
Appendixes 01 through 03, dated June 9, 2016.
    (ii) Airbus Service Bulletin A320-53-1299, Revision 01,
including Appendixes 01 through 03, dated June 9, 2016.
    (3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email<EMAIL_ADDRESS>Internet: http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 16, 2017.
Thomas Groves,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-03972 Filed 3-2-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Notices]
[Page 14531]
[FR Doc No: 2013-05133]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL13-46-000]

Louisville Gas and Electric Company; Notice of Initiation of
Proceeding and Refund Effective Date

    On February 28, 2013, the Commission issued an order that initiated
a proceeding in Docket No. EL13-46-000, pursuant to section 206 of the
Federal Power Act (FPA), 16 U.S.C. 824e (2006), to determine the
justness and reasonableness of the proposed tariff revisions by
Louisville Gas and Electric Company. Louisville Gas and Electric
Company, 142 FERC ] 61,157 (2013).
    The refund effective date in Docket No. EL13-46-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.

    Dated: February 28, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-05133 Filed 3-5-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Page 12552]
[FR Doc No: 2020-04353]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2019-0174; FRL 10006-01-OW]

National Water Reuse Action Plan: Collaborative Implementation
(Version 1)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: The Environmental Protection Agency (EPA) is announcing the
release of the National Water Reuse Action Plan: Collaborative
Implementation (Version 1). The Action Plan seeks to promote the
consideration of water reuse as a tool to improve the resiliency,
security, and sustainability of the Nation's water. The unique features
of the Action Plan include creating new partnerships, catalyzing action
through implementation milestones, and providing an online, transparent
forum to share information, collaborate, and describe progress and
results. This Action Plan aims to leverage the talent and expertise of
industry, agriculture, governments at the federal, state, tribal, and
local levels, and other stakeholders.
    The Action Plan is available in two forms: a print version that
identifies action leaders, implementation milestones, and target
completion dates, and a dynamic online platform that will undergo
routine updates on each action's progress.

FOR FURTHER INFORMATION CONTACT: John Ravenscroft, Office of Science
and Technology, Office of Water (Mail Code 3207A), Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

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

    1. Docket. The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OW-0174. Publicly available docket materials are
available electronically through www.regulations.gov, posted online on
the EPA's water reuse website (www.epa.gov/waterreuse/water-reuse-action-plan) or in hard copy at the Water Docket in the EPA Docket
Center, (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave. NW,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding federal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Water Docket is (202) 566-
2426.
    2. Electronic Access. You may access this Federal Register document
electronically from the Government Printing Office under the ``Federal
Register'' listings FDsys (http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR).

II. Why develop a water reuse action plan?

    Water is critical to our Nation's health, strength, security, and
resilience, yet the solutions available to manage water and its
availability and quality are often complex. A comprehensive approach to
water resource management is critical to ensuring long-term
sustainability of the United States' water supply. Water reuse can be a
tool, when considered as part of integrated water resources planning,
to ensure safe and reliable sources of water at the national, state,
and local level well into the future. This Action Plan seeks to foster
greater consideration of water reuse across the water sector, such as
agriculture, manufacturing, potable water, national security,
environmental restoration, and more. The EPA and federal partners have
facilitated development of the Action Plan across the water sector to
accelerate the consideration of water reuse approaches and build on
existing science, research, policy, technology, and both national and
international experiences.

III. Developing the National Water Reuse Action Plan: Collaborative
Implementation (Version 1)

    On February 27, 2019, the EPA announced that the Agency would
facilitate the development of a National Water Reuse Action Plan to
better integrate federal policy and leverage the expertise of both
industry and government to ensure the effective use of the Nation's
water resources. The draft National Water Reuse Action Plan (Draft
Plan) was released in September 2019 for public comment. The Draft Plan
built on decades of water reuse experience and practice and identified
46 potential actions across 10 thematic areas (e.g., policy
coordination, technology development, outreach/communication, and the
workforce). The Draft Plan discussed the business case for water reuse
recognizing five major sources of water--agriculture, industry,
municipal wastewater, stormwater, and oil and gas produced water--that
could be reclaimed by treatment to meet ``fit-for-purpose
specifications'' for a variety of end uses including: Potable water
supplies, non-potable uses, agriculture and irrigation and industrial
processes. Public comment was accepted on the Draft Plan from September
10, 2019 through December 16, 2019. During the public comment period,
the EPA continued stakeholder outreach with water resource managers,
sustainability planners, local, state and federal government agencies,
industry, non-profits, researchers, and others, to inform this version
of the Action Plan.
    The public input and comments served several critical purposes:
    1. Identification of the actions with the greatest interest;
    2. Identification of specific implementation milestones;
    3. Identification of willing leaders and partners;
    4. Identification of potential new actions; and
    5. Contribution of rich perspective and commentary to inform
specific actions.
    In addition to a print version, the EPA designed the Action Plan's
corresponding website to visually represent continued progress on
actions from stakeholders. The online platform complements the Action
Plan document by highlighting and expanding upon the array of actions
presented in the Draft Plan and discussed in the public docket.

    Dated: February 27, 2020.
David P. Ross,
Assistant Administrator.
[FR Doc. 2020-04353 Filed 3-2-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 28, 2009 (Volume 74, Number 186)]
[Notices]
[Page 49416-49419]
[DOCID:fr28se09-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60706; File No. SR-NYSEArca-2009-36]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Amendment No. 1 and Order Granting Accelerated Approval of Proposed
Rule Change, as Modified by Amendment No. 1 Thereto, Relating to NYSE
Arca Equities Rule 7.10 Governing Clearly Erroneous Executions

September 22, 2009.

I. Introduction

    On April 27, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend NYSE Arca Equities Rule 7.10 governing
clearly erroneous executions. The proposed rule change was published
for comment in the Federal Register on May 5, 2009.\3\ On September 21,
2009, the Exchange submitted Amendment No. 1 to the proposed rule
change.\4\ The Commission received no comment letters on the proposal.
This order provides notice of filing of Amendment No. 1 to the proposed
rule change and grants accelerated approval to the proposed rule
change, as modified by Amendment No. 1.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 59838 (April 28,
2009), 74 FR 20767 (the ``Notice'').
    \4\ In Amendment No. 1, the Exchange specifies an effective date
of October 5, 2009 for the proposed rule change, if the proposed
rule change is approved by the Commission, and makes certain other
changes as described in Section V, infra. The text of Amendment No.
1 is available on the Exchange's Web site at http://www.nyse.com, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange proposes to amend NYSE Arca Rule 7.10 in order to
improve the Exchange's rule regarding clearly erroneous executions. The
proposed changes are part of a market-wide effort designed to provide
transparency and finality with respect to clearly erroneous executions.
This effort seeks to achieve consistent results for participants across
U.S. equities exchanges while maintaining a fair and orderly market,
protecting investors and protecting the public interest. A summary of
the most significant proposed changes are discussed below. A more
detailed description of the proposed changes may be found in the
Notice.

A. ETP Holder Initiated Review Requests

1. Requests for Review
    The Exchange proposes that requests for review must be received by
the Exchange by electronic mail (``email''), or other electronic means
specified from time to time by the Exchange, within 30 minutes of the
execution time for orders initially routed to and executed on the
Exchange.\5\ However, requests for review relating to orders routed
from another market center to NYSE Arca will have an additional 30
minutes.\6\ These requests for review must contain certain essential
identifying information, including the time of the transaction(s),
security symbol(s), number of shares, price(s), side (bought or sold),
and factual basis for believing that the trade is clearly erroneous.
---------------------------------------------------------------------------

    \5\ The Exchange will publish the email address or other
electronic means to be used for all clearly erroneous filings in a
circular distributed to Equity Trading Permit (``ETP'') Holders.
    \6\ Specifically, if an order is initially routed by a
participant to Market Center A and subsequently routed to NYSE Arca,
the proposed rule will generally require Market Center A to file
with the Exchange within 30 minutes from the time it receives its
participant's timely filed request for review. This proposed rule
caps the filing deadline for an away market center at 60 minutes
from the time of the execution at issue.
---------------------------------------------------------------------------

    The proposed rule requires the Exchange to notify the counterparty
to a trade only upon receipt of a timely filed request for review that
satisfies the numerical guidelines set forth within the Rule. The
Exchange also proposes to allow an Officer of the Corporation or such
other senior level employee designee (``Officer'') of NYSE Arca to
request additional information from each party to a transaction under
review. Parties to the review will have 30 minutes from the time of the
request to provide additional supporting information.
2. Threshold Factors and Numerical Guidelines
    Currently, the Exchange does not identify specific numeric
guidelines for determining what constitutes a clearly erroneous
transaction, but instead provides that ``an Officer of the Corporation
will review the transaction and determine whether it is clearly
erroneous, with a view toward maintaining a fair and orderly market and
the protection of investors and the public interest.'' \7\ The Exchange
proposes adding certain numerical thresholds to the Rule that
explicitly

state what constitutes a clearly erroneous execution.
---------------------------------------------------------------------------

    \7\ See NYSE Arca Rule 7.10(b).
---------------------------------------------------------------------------

    Specifically, the proposed numerical guidelines state that a
transaction executed during the Core, Opening, or Late Trading Session
may be found to be clearly erroneous only if the price of the
transaction is greater (for a buy) or less (for a sale) than a
reference price (the ``Reference Price'') by an amount that equals or
exceeds the numerical guidelines for a particular transaction category.
The Reference Price will be equal to the Consolidated Last Sale
immediately prior to the execution under review, unless unusual
circumstances are present. The proposed guidelines for sales greater
than $0.00 up to and including $25.00 will be 10% for the Core Trading
Session and 20% for the Opening and Late Trading Sessions. The proposed
guidelines for sales greater than $25.00 up to an including $50.00 will
be 5% for the Core Trading Session and 10% for Opening and Late Trading
Sessions. The proposed guidelines for sales greater than $50.00 will be
3% for the Core Trading Session and 6% for Opening and Late Trading
Sessions. A filing involving five or more securities by the same ETP
Holder will be aggregated into a single filing called a ``Multi-Stock
Event.'' In the case of a Multi-Stock Event, the proposed guidelines
will be 10% for both the Core Trading Session and the Opening and Late
Trading Sessions. In the case of Leveraged ETF/ETN securities, the
above guidelines will be multiplied by the leverage multiplier of the
security. Executions that do not meet or exceed the Numerical
Guidelines will not be eligible for review under the proposed rule.
3. Unusual Circumstances
    NYSE Arca proposes that, in Unusual Circumstances the Exchange may,
in its discretion and with a view toward maintaining a fair and orderly
market and the protection of investors and the public interest, use a
Reference Price other than the consolidated last sale. Unusual
Circumstances may include periods of extreme market volatility,
sustained illiquidity, or widespread system issues. Other Reference
Prices that the Exchange may use will include the consolidated inside
price, the consolidated opening price, the consolidated prior close, or
the consolidated last sale prior to a series of executions.
    Under the proposed rule the Exchange may also use a higher
numerical guideline if, after market participants have been alerted to
erroneous activity, the price of the security returns toward its prior
trading range but continues to trade beyond the price at which it would
have normally been broken.
4. Joint Market Rulings
    In the interest of achieving consistency across markets, the
Exchange proposes that, in events that involve other markets, the
Exchange will have the ability to use a different Reference Price and/
or Numerical Guideline than those specifically outlined in the proposed
rule in an effort to coordinate a Reference Price and/or a Numerical
Guideline that is consistent across the Exchanges on which the
transactions occurred. Furthermore, when a ruling is made across
markets, the Exchange may determine that the ruling is not eligible for
appeal because immediate finality is necessary to maintain a fair and
orderly market and to protect investors and the public interest.
5. Additional Factors
    The proposed rule change enumerates some additional factors that an
Officer may consider when determining whether an execution is clearly
erroneous. These factors include, but are not limited to, system
malfunctions or disruptions, volume and volatility for the security,
derivative securities products that correspond to greater than 100% in
the direction of a tracking index, news released for the security,
whether trading in the security was recently halted/resumed, whether
the security is an initial public offering, whether the security was
subject to a stock-split, reorganization, or other corporate action,
overall market conditions, Opening and Late Session executions,
validity of the consolidated tapes trades and quotes, consideration of
primary market indications, and executions inconsistent with the
trading pattern in the stock. Each additional factor will be considered
with a view toward maintaining a fair and orderly market, and the
protection of investors and the public interest.
6. Numerical Guidelines Applicable to Volatile Market Opens
    Under the proposed rule change, the Exchange will have the ability
to expand the Numerical Guidelines applicable to transactions occurring
between 9:30 a.m. and 10 a.m. based on the disseminated value of the
S&P 500 Futures at 9:15 a.m. When the S&P Futures are up or down 3% to
up to but not including 5% at 9:15 a.m., the Numerical Guidelines will
be doubled. When the S&P Futures are up or down 5% or greater at 9:15
a.m., the Numerical Guidelines will be tripled.

B. Outlier Transactions

    The proposed rule change permits an Officer to consider requests
for review received after 30 minutes, but not longer than 60 minutes
after the execution in question in the case of an Outlier Transaction.
An Outlier Transaction will be a transaction where (1) the execution
price of the security is greater than three times the current Numerical
Guidelines, or (2) the execution price of the security breaches the 52-
week high or low, in which case the Exchange may consider Additional
Factors to determine if the transaction qualifies for review or if the
Corporation will decline to act.

C. Review Procedures

    Under the proposed rule, an Officer will only have the authority to
break trades or rule to let trades stand. An Officer will no longer be
able to modify the terms of an individual transaction.
    The Exchange also proposes that an initial determination must be
made generally within 30 minutes of receipt of the complaint, but in no
case later than the start of Core Trading on the following trading day
in order to provide a time frame in which ruling may be expected.
    The Exchange proposes that all appeal requests must be submitted
via email. The Exchange also proposes more definite guidelines to
ensure the expedient resolution of appeals by requiring the Exchange to
review appeals as soon as practicable, but generally on the same day as
the executions under review. Appeals received between 3 ET and the
close of trading in the Late Trading Session will be made as soon as
practicable, but in no case later than the trading day following the
date of the execution under review.

D. System Disruption and Malfunctions

    The proposed rule provides that, in the event of a disruption or a
malfunction, an Officer will rely on the proposed numerical guidelines
in determining whether an execution is clearly erroneous. However, the
Officer may also use a lower Numerical Guideline if necessary to
maintain a fair and orderly market, protect investors, and protect the
public interest. The proposed rule also states that actions taken under
these circumstances must be taken within 30 minutes of detection of the
erroneous transaction in the ordinary case, and by no later than the
start of the Core Trading Session on the day following the date of the
execution under review when extraordinary circumstances exist.

    In addition, under the proposed rule, an Officer will only have the
authority to break trades or rule to let trades stand. An Officer will
no longer be able to modify the terms of an individual transaction.

E. Officers Acting on Their Own Motion

    The Exchange proposes to grant Officers the ability to act on their
own motion to review potentially erroneous executions. Under the
current rule, Officers have the ability to act upon their own motion
only in the event of a system disruption or malfunction. The proposed
rule will allow an Officer to review executions and rely on the
Numerical Guidelines with respect to any potentially erroneous
executions. In extraordinary circumstances an Officer may apply a lower
Numerical Guideline if such action is necessary to maintain a fair and
orderly market or protect investors and the public interest.

F. Trade Nullification for UTP Securities That Are Subject of Initial
Public Offerings

    The proposed rule also modifies NYSE Arca's policy on trade
nullification and for UTP securities that are subject to initial public
offerings. Under the proposed rule, Officers must either declare an
opening transaction null and void or decline to take action. An opening
transaction can no longer be adjusted. Furthermore, the proposed rule
requires that, in extraordinary circumstances, the reviewing Officer
must take action by no later than the start of Core Trading on the day
following the date of the execution under review.

III. Discussion and Commission Findings

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\8\ In
particular, it is consistent with Section 6(b)(5) of the Act,\9\ which
requires, among other things, that the rules of a national securities
exchange be designed to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, to protect
investors and the public interest, and not be designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \8\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission considers that, under ordinary circumstances, trades
that are executed between parties should be honored. On rare occasions,
the price of the executed trade indicates that an obvious error may
exist, suggesting that it is unrealistic to expect that the parties to
the trade had come to a meeting of the minds regarding the terms of the
transaction and therefore that a clearly erroneous transaction may have
taken place. In the Commission's view, the determination of whether a
clearly erroneous trade has occurred should be based on specific and
objective criteria and subject to specific and objective procedures.
    The Commission believes that the proposed rule change sets forth a
specific methodology for reviewing potentially erroneous trades and
should increase transparency and certainty for participants for
transactions executed on NYSE Arca with respect to such trades.
Specifically, the proposed rule change sets forth a specified procedure
and imposes a timeframe for requesting reviews of potentially clearly
erroneous transactions and for appealing clearly erroneous
determinations. The proposed rule change also sets forth timeframes for
NYSE Arca to make a ruling and to consider an appeal relating to trades
that are claimed to be clearly erroneous. In addition, the Commission
notes that the establishment of Numerical Guidelines, below which NYSE
Arca will not break trades, sets forth a more specific and objective
methodology that should provide greater certainty to market
participants who are parties to trades that are claimed to be clearly
erroneous. The Commission notes that the guidance for Unusual
Circumstances provides the Exchange needed flexibility to respond to
market conditions and to help facilitate the fair and orderly operation
of the markets and protection of investors and the public interest.
Further, the Commission believes that the use of enumerated Additional
Factors provides the Officers with more transparent standards and
procedures when they are called upon to determine whether a transaction
that exceeds the Numerical Guidelines is clearly erroneous.
    The Commission notes that the joint ruling provision allowing the
Exchange to use a different Reference Price and/or Numerical Guideline,
determined based on a consensus among the relevant exchanges, is
designed to increase the likelihood that that clearly erroneous
execution rules will be consistently applied across markets, while also
helping to facilitate the fair and orderly operation of the markets and
protection of investors and the public interest.
    The proposed rule change provides that Officers of NYSE Arca acting
on their own motion in the event of a system disruption or malfunction
must rely on the Numerical Guidelines. In addition, the proposed rule
change expands the ability of such Officers to act on their own motion,
subject to the Numerical Guidelines, to any circumstance in which
nullification of the transaction may be necessary for the maintenance
of a fair and orderly market or the protection of investors and the
public interest. In addition, the rule allows, in extraordinary
circumstances, an Officer to apply a lower Numerical Guideline if it is
determined that such action is necessary to maintain a fair and orderly
market or protect investors and the public interest. The Commission
believes that these proposed changes set forth more specific and
objective standards and procedures than under the current rule.
    Finally, the Commission notes that the proposed rule change
eliminates the Exchange's ability to modify or adjust a clearly
erroneous execution. Under the proposed rule, the Exchange must either
uphold or nullify the execution based upon the determination of the
Officer reviewing the execution. The Commission believes that it is
reasonable for the Exchange to eliminate the subjectivity in
determining the appropriate adjustment amount and that the proposed
change is specific and objective.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning Amendment No. 1, including whether Amendment No. 1
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-NYSEArca-2009-36 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-NYSEArca-2009-36. 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 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-NYSEArca-2009-36 and
should be submitted on or before October 19, 2009.

V. Accelerated Approval of Proposed Rule Change, as Modified by
Amendment No. 1

    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 1, prior to the thirtieth day
after publication for comment in the Federal Register.
    In Amendment No. 1, the Exchange clarifies that, throughout the
rule, the definition of ``Officer'' encompasses only Officers of the
Corporation or such other senior level employee designee of the
Corporation. In addition, in the context of rulings in Unusual
Circumstances, the Exchange added the protection of investors and the
public interest as a basis for using a reference price other than the
consolidated last sale.
    In the context of the Numerical Guidelines, the Exchange also
clarifies that the execution time of the transaction under review
determines whether the Numerical Guideline applied is Core Trading
Session or Opening and Late Trading Session. In addition, the Exchange
corrected a drafting error regarding the sales price at which certain
numerical guidelines are applicable. The corrected language, which is
reflected in the discussion above, now states that the proposed
guidelines for sales greater than $0.00 up to and including $25.00 are
10% for the Core Trading Session and 20% for the Opening and Late
Trading Sessions, and the proposed guidelines for sales greater than
$25.00 up to and including $50.00 are 5% for the Core Trading Session
and 10% for Opening and Late Trading Sessions.
    In addition, as is reflected in the discussion above, the Exchange
clarifies the percentage range at which volatility in the S & P 500
Futures would trigger the Exchange's ability to double or triple the
applicable Numerical Guidelines. The Exchange also clarifies that, the
context of appeals, in no case will a CEE Panel include a person
affiliated with a party to the trade in question.
    The changes proposed in Amendment No. 1, discussed above, seek to
clarify the operation of the proposed rule and do not differ materially
from the proposal as published in the Federal Register on May 5, 2009.
Therefore, the Commission finds good cause, consistent with Section
19(b)(2) of the Act,\10\ to approve the proposed rule change, as
modified by Amendment No. 1, on an accelerated basis.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\11\ that the proposed rule change (SR-NYSEArca-2009-36), as
amended, be, and it hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2).

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

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-23358 Filed 9-25-09; 8:45 am]

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[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Notices]
[Page 39830]
[FR Doc No: 2015-16956]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Twenty-Third Meeting: Special Committee 214 (SC 214)

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

ACTION: Twenty-Third Meeting Notice of Special Committee 214.

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SUMMARY: The FAA is issuing this notice to advise the public of the
twenty-third meeting of the Special Committee 214.

DATES: The meeting will be held August 31st-September 4th from 9:00
a.m.-5:00 p.m.

ADDRESSES: The meeting will be held at RTCA Headquarters, 1150 18th
Street NW., Suite 910, Washington, DC 20036, Tel:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833-
9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org or
Sophie Bousquet, Program Director, RTCA, Inc<EMAIL_ADDRESS>
(202) 330-0663.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of the Special Committee 214. The agenda
will include the following:

Monday, August 31, 2015

1. Welcome/Introduction/Administrative Remarks
2. Approval of the Agenda of Plenary 23 and Minutes of Plenary 22
3. Coordination Activities with ICAO OPLINK
4. Status of B2 Rev A Standards, discussions on outstanding issues
5. Progress status of VDL2 standards
6. Review of Position Papers and Contributions
7. Approval of Sub-Group Meeting Objectives

Tuesday, September 1, 2015

1. Sub-Group Sessions

Wednesday, September 2, 2015

1. Sub-Group Sessions

Thursday, September 3, 2015

1. Sub-Group Report & Assignment of Action Items
2. RTCA FRAC and EUROCAE Open Consultation process overview
3. Agree action plan to close last outstanding comments
4. Confirm target date for publication of v1.D (version for FRAC/Open
Consultation)
5. Establish and communicate schedule for FRAC/Open Consultation
6. Approval of Rev A of Baseline 2 documents for FRAC/Open Consultation
7. Approve dates and location of next Plenary Meeting--FRAC/Open
Consultation Resolution
8. Any Other Business
9. Adjourn

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, 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 7, 2015.
Latasha Robinson,
Management & Program Analyst, NextGen, Program Oversight and
Administration, Federal Aviation Administration.
[FR Doc. 2015-16956 Filed 7-9-15; 8:45 am]
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