[Federal Register Volume 79, Number 239 (Friday, December 12, 2014)]
[Rules and Regulations]
[Pages 73803-73805]
[FR Doc No: 2014-28730]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0717; Directorate Identifier 2014-CE-026-AD;
Amendment 39-18045; AD 2014-25-04]
RIN 2120-AA64

Airworthiness Directives; Pilatus Aircraft Limited Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding an airworthiness directive (AD) 2013-11-08
for Pilatus Aircraft Limited Models PC-6, PC-6-H1, PC-6-H2, PC-6/350,
PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-
6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes.
This AD results from mandatory continuing airworthiness information
(MCAI) issued by an aviation authority of another country to identify
and correct an unsafe condition on an aviation product. The MCAI
describes the unsafe condition as a need to incorporate new revisions
into the aircraft maintenance manual or in the limitations document of
the FAA-approved maintenance program. We are issuing this AD to require
actions to address the unsafe condition on these products.

DATES: This AD is effective January 16, 2015.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 16,
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0717; or in person at the 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 service information identified in this AD, contact PILATUS
AIRCRAFT LTD., Customer Liaison Manager, CH-6371 STANS, Switzerland;
telephone: +41 (0) 41 619 65 80; fax: +41 (0) 41 619 65 76; Internet:
http://www.pilatus-aircraft.com; email<EMAIL_ADDRESS>
You may view this referenced service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to add an AD that would apply to Pilatus Aircraft Limited
Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-
6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC- 6/B2-H2, PC-6/B2-
H4, PC-6/C-H2, and PC-6/C1-H2 airplanes. That NPRM was published in the
Federal Register on September 18, 2014 (79 FR 56023), and proposed to
supersede AD 2013-11-08, Amendment 39-17468 (78 FR 37701; June 24,
2013).
    The NPRM proposed to correct an unsafe condition for the specified
products and was based on mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country. The MCAI states that:

    The maintenance instructions and airworthiness limitations
applicable to the Structure and Components of PC-6 aeroplanes are
specified in the Aircraft Maintenance Manual (AMM) under Chapter 4
or in the Airworthiness Limitations Document (ALS), depending on
aeroplane model.
    The instructions contained in the ALS document have been
identified as mandatory actions for continued airworthiness and
failure to comply with these instructions and limitations could
potentially lead to an unsafe condition.
    Pilatus Aircraft Ltd. (Pilatus) recently issued PC-6 AMM,
Chapter 04-00-00, Document Number 01975 issue 19 for PC-6 B2-H2 and
PC-6 B2-H4 aeroplanes and PC-6 ALS, Document Number 02334 issue 4
for all other PC-6 aeroplane models to incorporate new life limits
for the Fire Extinguisher.
    For the reason described above, this AD retains the requirements
of EASA AD 2012-0268, which is superseded, and requires

implementation of the new maintenance requirements and/or
airworthiness limitations.

    The MCAI can be found in the AD docket on the Internet at: http://www.regulations.gov/#!docketDetail;D=FAA-2014-0717.

Comments

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

Request

    John Kruger of Pilatus Aircraft Limited commented that paragraph
(f)(4)(ii) of this AD provides a compliance time of 30 days after
effective date of the AD or within 10 hours time-in-service, but that
Pilatus had recommended in the MCAI to allow a grace period of 6
months, as was done in the case of the PC-12 when the fire extinguisher
life was changed, and that the compliance time should be changed for
this AD per the recommendation.
    We agree because the compliance time of 6 months allows for an
acceptable level of safety. We revised the AD so that the compliance
time in paragraph (f)(4)(ii) of this AD reads ``. . . within 6 months
after . . .''

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
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 (79 FR 56023, September 18, 2014) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 56023, September 18, 2014).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect 50 products of U.S. registry.
We also estimate that it would take about 8 work-hours per product to
comply with the basic requirements of this AD.
    Based on these figures, we estimate the cost of this AD on U.S.
operators to be $34,000, or $680 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour and require parts costing $1,000, for a cost of
$1,085 per product. We have no way of determining the number of
products that may need these actions.
    The only costs that would be imposed by this AD over that already
required by AD 2013-11-08 is 1 work-hour to incorporate the new
airworthiness limitations section sections into the maintenance
program, $1,085 for replacement of the fire extinguisher if needed, and
the addition of 35 airplanes from 15 airplanes to 50 airplanes.

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 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.

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-2014-
0717; 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 the NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

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 removing Amendment 39-17311 (78 FR
11572, February 19, 2013) and adding the following new AD:

2014-25-04 Pilatus Aircraft Limited: Amendment 39-18045; Docket No.
FAA-2014-0717; Directorate Identifier 2014-CE-026-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective January 16,
2015.

(b) Affected ADs

    This AD supersedes AD 2013-11-08, Amendment 39-17468 (78 FR
37701; June 24, 2013).

(c) Applicability

    This AD applies to Pilatus Aircraft Limited Models PC-6, PC-6-
H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1,
PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2,
and PC-6/C1-H2 airplanes, all manufacturer serial numbers (MSN),
including MSN 2001 through 2092 (see Note 1 of paragraph c),
certificated in any category.

    Note 1 of paragraph (c): For MSN 2001-2092, these airplanes are
also identified as Fairchild Republic Company PC-6 airplanes,
Fairchild Industries PC-6 airplanes, Fairchild Heli Porter PC-6
airplanes, or Fairchild-Hiller Corporation PC-6 airplanes.

(d) Subject

    Air Transport Association of America (ATA) Code 5: Time Limits.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI)

originated by an aviation authority of another country to identify
and correct an unsafe condition on an aviation product. The MCAI
describes the unsafe condition as a need to incorporate new
revisions into the aircraft maintenance manual (AMM) or in the
Limitations document of the FAA-approved maintenance program. The
limitations were revised to incorporate new life limits for the fire
extinguisher. These actions are required to ensure the continued
operational safety of the affected airplanes.

(f) Actions and Compliance

    (1) Actions retained from AD 2013-11-08, Amendment 39-17468 (78
FR 37701; June 24, 2013) for all airplanes in the Applicability
section of this AD: If the flap actuator has accumulated 3,500 hours
time-in-service (TIS) or more since new or last overhauled or 7
years or more since new or last overhauled, whichever occurs first,
replacement of the flap actuator (except part numbers 9<IP_ADDRESS>
and 9<IP_ADDRESS>) is required within 350 hours TIS after July 29,
2013, (the effective date retained from AD 2013-11-08) or 6 months
after July 29, 2013, (the effective date retained from AD 2013-11-
08), whichever occurs first. Flap actuators with less than 3,500
hours TIS or 7 years since new or last overhauled are covered by the
airworthiness limitations document (ALS) requirement.
    (2) Actions new to this AD for all affected Models PC-6/B2-H2
and PC-6/B2-H4 airplanes: Before further flight after January 16,
2015 (the effective date of this AD) incorporate the maintenance
requirements as specified in Section 04-00-00, Airworthiness
Limitations, of Chapter 04, Airworthiness Limitations, of the
Pilatus PC-6 Maintenance Manual, document number 01975, Revision 19,
dated May 31, 2014, into your FAA-accepted maintenance program
(maintenance manual).
    (3) Actions new to this AD for all airplanes in the
Applicability section of this AD except for the Models PC-6/B2-H2
and PC-6/B2-H4 airplanes: Before further flight after January 16,
2015 (the effective date of this AD) incorporate the maintenance
requirements as specified in Pilatus ALS, document number 02334,
Revision 4, dated May 31, 2014, into your FAA-accepted maintenance
program (maintenance manual).
    (4) Actions new to this AD for all airplanes in the
Applicability section of this AD:
    (i) For airplanes with Halon Fire Extinguishers that have not
yet reached the 10 year life limit after January 16, 2015 (the
effective date of this AD), when the Halon Fire Extinguisher reaches
its life limit of 10 years, before further flight, replace with an
airworthy Halon Fire Extinguisher following Section 04-00-00,
Airworthiness Limitations, of Chapter 04, Airworthiness Limitations,
of the Pilatus PC-6 Maintenance Manual, document number 01975,
Revision 19, dated May 31, 2014; or Pilatus ALS document number
02334, Revision 4, dated May 31, 2014; as applicable.
    (ii) For airplanes with Halon Fire Extinguishers that have
reached the 10 year life limit on or before January 16, 2015 (the
effective date of this AD), within the next 6 months after January
16, 2015 (the effective date of this AD), replace with an airworthy
Halon Fire Extinguisher following Section 04-00-00, Airworthiness
Limitations, of Chapter 04, Airworthiness Limitations, of the
Pilatus PC-6 Maintenance Manual, document number 01975, Revision 19,
dated May 31, 2014; or Pilatus ALS document number 02334, Revision
4, dated May 31, 2014; as applicable.
    (iii) Repetitively, after replacing the airplanes Halon Fire
Extinguisher as required in paragraphs (f)(4)(i) or (f)(4)(ii),
within 10 years after each last replacement, replace with an
airworthy Halon Fire Extinguisher.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any airplane
to which the AMOC applies, notify your appropriate principal
inspector (PI) in the FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(h) Related Information

    Refer to European Aviation Safety Agency (EASA) AD No.: 2014-
0181, dated July 31, 2014, for related information. The MCAI can be
found in the AD docket on the Internet at: http://www.regulations.gov/#!docketDetail;D=FAA-2014-0717.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Pilatus Airworthiness Limitations document number 02334,
Revision 4, dated May 31, 2014. The revision level of this document
is indicated only in the Record of Revisions.
    (ii) Section 04-00-00, Airworthiness Limitations, of Chapter 04,
Airworthiness Limitations, of the Pilatus PC-6 Maintenance Manual,
document number 01975, Revision 19, dated May 31, 2014.
    (3) For Pilatus Aircraft Limited service information identified
in this AD, contact PILATUS AIRCRAFT LTD., Customer Liaison Manager,
CH-6371 STANS, Switzerland; telephone: +41 (0) 41 619 65 80; fax:
+41 (0) 41 619 65 76; Internet: http://www.pilatus-aircraft.com;
email<EMAIL_ADDRESS>    (4) You may view this service information at FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (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 Kansas City, Missouri, on December 2, 2014.
Robert Busto,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-28730 Filed 12-11-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Proposed Rules]
[Pages 21830-21831]
[FR Doc No: 2011-9391]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0251; Airspace Docket No. 11-ACE-5]

Proposed Amendment of Class E Airspace; Harrisonville, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at
Harrisonville, MO. Additional controlled airspace is necessary to
accommodate new Standard Instrument Approach Procedures (SIAP) at
Lawrence Smith Memorial Airport. The FAA is taking this action to
enhance the safety and management of Instrument Flight Rules (IFR)
operations for SIAPs at the airport.

DATES: 0901 UTC. Comments must be received on or before June 3, 2011.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2011-0251/Airspace Docket No. 11-
ACE-5, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2011-0251/
Airspace Docket No. 11-ACE-5.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, 2601 Meacham Blvd., Fort
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), part 71 by amending Class E airspace extending upward from
700 feet above the surface to accommodate new standard instrument
approach procedures at Lawrence Smith Memorial Airport, Harrisonville,
MO. Controlled airspace is needed for the safety and management of IFR
operations at the airport. Geographic coordinates would also be updated
to coincide with the FAA's aeronautical database.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9U, dated August 18, 2010 and effective September 15, 2010, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend controlled airspace at Lawrence Smith Memorial
Airport, Harrisonville, MO.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9U, Airspace Designations and Reporting Points, dated August 18,
2010, and

effective September 15, 2010, is amended as follows:

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

* * * * *

ACE MO E5 Harrisonville, MO [Amended]

Lawrence Smith Memorial Airport, MO
    (Lat. 38[deg]36'37'' N., long. 94[deg]20'37'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of Lawrence Smith Memorial Airport, and
within 1.9 miles each side of the 307[deg] bearing from the airport
extending from the 6.9-mile radius to 10.3 miles northwest of the
airport.

    Issued in Fort Worth, TX, on April 7, 2011.
Richard J. Kervin, Jr.,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2011-9391 Filed 4-18-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35410-35411]
[FR Doc No: 2016-12877]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77930; File No. SR-NYSE-2016-38]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rule 130

May 26, 2016.
    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 May 16, 2016, New York Stock Exchange LLC (``NYSE'' 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 130 to specify that, unless
otherwise required by rule, all transactions effected on the Exchange
would be processed anonymously. The proposed rule change is available
on the Exchange's Web site 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 130 to specify that, except as
otherwise required by the Exchange's rules,\4\ all transactions
effected on the Exchange and all reports associated with such
transaction would be processed anonymously and would not reveal contra-
party identities.
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    \4\ For example, face-to-face transactions on the Trading Floor,
including Crowd trades executed verbally between two Floor brokers
and between a Floor broker and a Designated Market Maker (``DMM''),
would continue to require submission of certain contra side
information, as required by Rules 123, 132, and 134. Exchange
systems and the executing brokers would continue not to have access
to any information about the ultimate customer (i.e., the name of
the member or member organization's customer) in an order or
transaction.
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    Rule 130 currently provides that ``[n]otwithstanding any other rule
to the contrary, each transaction effected on the Exchange shall be
compared or otherwise closed out by the close of business on the
Exchange on the business day following the day of the contract.'' The
Exchange proposes to replace ``notwithstanding any other rule to the
contrary'' with ``unless otherwise specified by rule'' and add a clause
to Rule 130 providing that all transactions effected on the Exchange
would be processed anonymously and that transaction reports will
indicate the details of the transaction, but will not reveal contra
party identities.
    Additionally, the Exchange proposes to add new subsection (b) to
Rule 130 that provides that the Exchange would reveal contra-party
identities in the following circumstances: (1) For regulatory purposes
or to comply with an order of a court or arbitrator; (2) when a
Qualified Clearing Agency ceases to act for a member organization or
the member organization's clearing firm, and determines not to
guarantee the settlement of the member organization's trades; or (3) if
both parties to the transaction consent.\5\ The proposed changes are
intended to clarify and reflect the Exchange's current practice as it
relates to electronic transactions and align with the rules of other
national securities exchange that preserve anonymity through the
settlement process.\6\
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    \5\ The Exchange proposes non-substantive, technical amendments
to re-number the remaining paragraphs of Rule 130 accordingly.
    \6\ See NYSE Arca Equities, Inc. (``NYSE Arca Equities'') Rule
7.41, BATS BZX Exchange, Inc. (``BATS'') Rule 11.15, and NASDAQ
Stock Market LLC (``Nasdaq'') Rule 4760.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5),\7\ in particular, because it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to, and perfect the mechanism of, a
free and open market and a national market system and, in general, to
protect investors and the public interest. The Exchange believes that
the proposed rule change removes impediments to and perfects the
mechanism of a free and open market by furthering the important goal of
post-trade anonymity. Similarly, the proposal promotes just and
equitable principles of trade and removes impediments to and perfects
the mechanism of a free and open market by providing transparency to
the Exchange's existing process to process trades anonymously, which is
consistent with that of other national securities exchanges.\8\ The
Exchange believes that post-trade anonymity benefits investors because
preserving anonymity through settlement limits the potential market

impact that disclosing contra-party identities could have, which might
include the ability to detect trading patterns and make assumptions
about the potential direction of the market based on the identified
contra party's presumed client-base. The Exchange further believes it
is appropriate to carve out Floor-based face-to-face trades from the
anonymity requirement because such trades are, by definition, not
anonymous.
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    \7\ 15 U.S.C. 78f(b)(5).
    \8\ See note 6, supra.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change is not
designed to address any competitive issue but rather intended to align
the Exchange's practice with the rules of other national stock
exchanges.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\11\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
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    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \12\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSE-2016-38 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2016-38. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NYSE-2016-38
and should be submitted on or before June 23, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-12877 Filed 6-1-16; 8:45 am]
 BILLING CODE 8011-01-P