[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Notices]
[Pages 51617-51621]
[FR Doc No: 2015-20934]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75740; File No. SR-NYSE-2015-36]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Amending Section 907.00 of the
Listed Company Manual (the ``Manual'') To (i) Amend the Suite of
Complimentary Products and Services That Are Offered to Certain Current
and Newly Listed Companies, (ii) Update the Value of Complimentary
Products and Services Offered to Listed Companies, and (iii) Provide
That Complimentary Products and Services Would Also Be Offered to
Companies that Transfer Their Listing to the Exchange From Another
National Securities Exchange

August 19, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 11, 2015, 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 section 907.00 of the listed company
manual (the ``manual'') [sic] to (i)

amend the suite of complimentary products and services that are offered
to certain current and newly listed companies, (ii) update the value of
complimentary products and services offered to listed companies, and
(iii) provide that complimentary products and services would also be
offered to companies that transfer their listing to the exchange [sic]
from another national securities exchange. The text of 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
    In December 2013, The [sic] Exchange adopted a rule to expand the
suite of complimentary products and services that it offers to certain
current and newly listed companies on the Exchange. Under this rule,
certain companies currently listed on the Exchange (``Eligible Current
Listings'') are offered a suite of complimentary products and services
that varies depending on the number of shares of common stock or other
equity security that a company has outstanding. Similarly, the Exchange
presently offers a suite of complimentary products and services to (i)
any U.S. company that lists common stock on the Exchange for the first
time and any non-U.S. company that lists an equity security on the
Exchange under Section 102.01 or 103.00 of the Manual for the first
time, regardless of whether such U.S. or non-U.S. company conducts an
offering, and (ii) any U.S. or non-U.S. company emerging from a
bankruptcy, spinoff (where a company lists new shares in the absence of
a public offering), or carve-out (where a company carves out a business
line or division, which then conducts a separate initial public
offering) (collectively, ``Eligible New Listings'').
    Based on the Exchange's experience offering complimentary products
and services to Eligible Current Listings and Eligible New Listings,
the Exchange now proposes to amend Section 907.00 of the Manual to (i)
amend the suite of complimentary products and services that are offered
to Eligible Current Listings and Eligible New Listings, and (ii) update
the value of complimentary products and services offered to such
companies. The Exchange will further amend Section 907.00 of the Manual
to specify that certain companies that transfer their listing of common
stock or equity securities to the Exchange from another national
securities exchange (``Eligible Transfer Companies'') will be eligible
to receive an enhanced package of complimentary products and services
that is comparable to the package offered to Eligible New Listings.
Currently, companies that transfer their listing to the Exchange are
offered complimentary products and services on the same terms as
Eligible Current Listings.
    The Exchange proposes to update the approximate commercial values
of the products and services it presently offers to Eligible Current
Listings and Eligible New Listings. Based on conversations with the
vendors, the Exchange believes that the updated values would more
accurately reflect the cost associated with providing these products
and services. Accordingly, the approximate commercial value of market
surveillance products and services would change from $45,000 to $55,000
per annum, the approximate commercial value of corporate governance
tools would change from $20,000 to $50,000 per annum, the approximate
commercial value of web-hosting products and services would change from
a range of $12,000-16,000 to $16,000 per annum, the approximate
commercial value of market analytics products and services would change
from $20,000 to $30,000 per annum and the approximate commercial value
of news distribution products and services would change from $10,000 to
$20,000 per annum.
    The Exchange also proposes to add whistleblower hotline services
(with a commercial value of approximately $4,000 annually) to the list
of services that it offers to all listed companies for a period of 24
months. The Exchange believes that having a whistleblower hotline
service is an essential component of good corporate governance and
providing this service to all listed companies would assist them in
complying with, among other things, the requirements of the Sarbanes-
Oxley Act, Foreign Corrupt Practices Act and UK Bribery Act.
    The Exchange also proposes to include web-casting services (with a
commercial value of approximately $6,500 annually) as a separate
category of complimentary products and services offered to certain
issuers.\4\ Web-casting services are an important tool utilized by
listed companies in connection with their quarterly earnings release
process. Accordingly, the Exchange believes that offering web-casts to
certain issuers would assist them in engaging with their shareholders
and effectively disclosing information in connection with their
quarterly earnings releases.
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    \4\ The web-hosting product offered by the Exchange provides
eligible issuers with a Web site containing business content that
can be viewed by investors. Web-casting services enable companies to
host interactive Web-casts to communicate with investors. Eligible
companies will receive four interactive Web-casts each year.
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    The Exchange further proposes to amend Section 907.00 of the Manual
to remove data room services and virtual investor relation tools as a
complimentary product offered to all listed companies. Since such
products were first offered by the Exchange, very few listed companies
have requested to receive them. Based on this extremely low demand,
therefore, the Exchange believes it is appropriate to discontinue these
offerings. The Exchange proposes to replace these discontinued products
by offering a whistleblower hotline for a period of 24 calendar months
which, for the reasons stated above, it believes will be more useful to
listed companies. In addition, all listed companies will continue to be
eligible for some level of complimentary products and services via the
Exchange's Market Access Center.
    Currently, all listed issuers receive some complimentary products
and services through NYSE Market Access Center. The Exchange also
offers Eligible Current Listings a suite of products and services that
varies based on the number of shares such companies have issued and
outstanding. Eligible Current Listings that have more than 270 million
shares issued and outstanding (each a ``Tier One Eligible Current
Listing'') are presently offered (i) a choice of market surveillance,
corporate governance tools and advisory services or market analytics
products and services, and (ii) web-hosting products and services, on a
complimentary basis. Eligible Current Listings that have between 160
million and 269.9 million shares issued and outstanding (each a ``Tier
Two Eligible Current Listing'') are presently offered a

choice of market analytics, corporate governance tools or web-hosting
products and services. The Exchange proposes to amend Section 907.00 to
delete corporate governance tools and advisory services from the suite
of products offered to a Tier One Eligible Current Listing and
corporate governance tools from the suite of products offered to a Tier
Two Eligible Current Listing. In both cases, the Exchange proposes to
replace the deleted service with web-casting products and services.
Based on conversations with Tier One and Two Eligible Current Listings,
the Exchange has learned that the corporate governance services
currently offered are not as helpful to these more established
companies as they are to newly listed companies that are developing
their corporate governance policies and procedures. Accordingly, the
Exchange proposes to discontinue offering its corporate governance
product to Tier One and Two Eligible Current Listings due to low demand
for the service. For the reasons stated above, the Exchange believes
Eligible Current Listings would find web-casting services to be more
useful to them than the existing suites of corporate governance
offerings.
    The Exchange currently offers Eligible New Listings different
products and services based on such companies' global market value.
Eligible New Listings with a global market value of $400 million or
more (each a ``Tier A Eligible New Listing'') are presently offered (i)
market surveillance products and services for a period of 12 calendar
months from the date of listing or (ii) a choice of market analytics
products and services or corporate governance tools for a period of 24
calendar months from the date of listing. Eligible New Listings with a
global market value of less than $400 million (each a ``Tier B Eligible
New Listing'') are presently offered web-hosting and news distribution
products and services for a period of 24 months from the date of
listing. The Exchange proposes to amend Section 907.00 to provide that,
in addition to the currently offered market surveillance products and
services, Tier A Eligible New Listings would be offered market
analytics, web-hosting, web-casting, corporate governance tools, and
news distribution products and services, in each case, for a period of
24 calendar months. Because the Exchange will offer each of these
services to Tier A Eligible New Listings for a period of 24 months, it
proposes to delete text from Section 907.00 that discusses providing
certain services for only 12 months as well as options for continuing
such services at the end of the initial 12 month period.
    The Exchange also proposes to amend Section 907.00 to provide that,
in addition to the currently offered web-hosting and news distribution
products and services, Tier B Eligible New Listings would be offered
web-casting, market analytics and corporate governance tools, in each
case, for a period of 24 calendar months.
    The Exchange believes that it is appropriate to expand the suite of
complimentary products and services it offers to Tier A and Tier B
Eligible New Listings because such companies are listing on the
Exchange for the first time and frequently have greater needs with
respect to developing their corporate governance and shareholder
outreach capabilities. Further, the Nasdaq Stock Market (``Nasdaq'')
offers comparable complimentary products and services to newly listed
companies and the Exchange believes that the proposed changes would
enable the Exchange to compete for new listings.\5\
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    \5\ Pursuant to Nasdaq Stock Market Rule IM-5900-7, Nasdaq
offers newly listed companies a complimentary package of services
that includes whistleblower hotline, investor relations Web site,
press releases, interactive web-casting, market analytics tools and,
depending on a company's size, market surveillance tools. This suite
of products in this package is comparable to the suite that the
Exchange proposes to offer as described herein.
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    The Exchange faces competition in the market for listing services.
As part of this competition, the Exchange seeks to entice Nasdaq-listed
companies to transfer their listing to the Exchange. Similarly, Nasdaq
seeks to entice Exchange-listed companies to transfer to Nasdaq. The
Exchange believes that one way Nasdaq seeks to entice Exchange-listed
companies to transfer to Nasdaq is to offer such companies a suite of
complimentary products and services that they do not currently receive
on the Exchange.\6\ For example, Nasdaq offers transfer companies a
package of complimentary products and services on the same terms that
it offers such package to new listings.\7\ Because the Exchange
believes that Nasdaq's approach may incentivize a company to transfer
its listing, the Exchange proposes to amend Section 907.00 of the
Manual to enhance the package of complimentary products and services
offered to Eligible Transfer Companies beyond the package that transfer
companies are currently eligible to receive as Eligible Current
Listings. As revised, Section 907.00 of the Manual will entitle
Eligible Transfer Companies to receive a package of complimentary
products and services on largely the same terms as it offers such
packages to Eligible New Listings.\8\ The one difference between the
packages that the Exchange proposes to offer to Eligible Transfer
Companies and Eligible New Listings is that the Exchange will not offer
corporate governance tools to Eligible Transfer Companies. As described
herein, in the Exchange's experience such tools are not as useful for
established companies (which all Eligible Transfer Companies would
presumably be) as they are for newly listed companies.
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    \6\ Under this proposed rule change, the Exchange will offer
Tier One Currently Listed Companies a package of complimentary
products and services with a maximum value of $77,500. Tier Two
Currently Listed Companies will be offered a package of
complimentary products and services with a maximum value of $30,000
per year. By comparison, Nasdaq currently offers a suite of
complimentary products and services valued at $125,500 per year for
three years to transfer companies with a market capitalization of
$750 million or more and a suite of complimentary products and
services valued at $70,500 per year for two years to transfer
companies with a market capitalization less than $750 million.
Although the Exchange offers its packages to Eligible Current
Listings indefinitely, it is worth noting that, due to the
eligibility requirements to be deemed an Eligible Current Listing
(i.e. shares issued and outstanding), approximately 60% of companies
currently listed on the Exchange do not qualify for any additional
complimentary products and services beyond the basic package that is
offered to all listed companies. Conversely, because Nasdaq has no
such minimum outstanding share requirement, any Exchange-listed
company that transfers to Nasdaq is entitled, at a minimum to
$70,500 in complimentary products and services per year for a period
of two years.
    \7\ See Footnote 4 [sic], infra, [sic] for a description of the
complimentary products and services that Nasdaq offers to newly
listed companies. Nasdaq offers these same packages to companies
that transfer from the Exchange to Nasdaq.
    \8\ Because the Exchange proposes to offer Eligible Transfer
Companies a package of complimentary products and services
comparable to the package that it offers to Eligible New Listings,
the Exchange will utilize the same metric, i.e., global market
value, to determine eligibility for each designation so as to avoid
confusion. Currently, transfer companies may receive complimentary
products and services if they qualify to be designated as an
Eligible Current Listing, such designation being based on the number
of outstanding shares of a company's equity securities. Under the
proposed rule change, Eligible Transfer Companies with a global
market value of $400 million or more will be eligible to receive a
suite of complimentary products and services valued at $127,500 per
year for two years and Eligible Transfer Companies with a global
market value of less than $400 million will be eligible to receive a
suite of complimentary products and services valued at $72,500 per
year for two years.
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    The specific tools and services offered by the products discussed
herein will be developed by the Exchange or by third-party vendors.
NYSE Governance Services \9\ will offer and develop the

corporate governance tools discussed herein, but will not provide any
other service discussed herein. NYSE Governance Services is an entity
that is owned by the Exchange's parent company and is a leading
provider of corporate governance, risk and compliance services to a
diverse set of customers, including, among others, companies listed on
the Exchange. Companies that are offered these products are under no
obligation to accept them and a company's listing on the Exchange is
not conditioned upon acceptance of any product or service. The Exchange
notes that, from time to time, companies elect to purchase products and
services from other vendors at their own expense rather than accepting
comparable products and services offered by the Exchange.
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    \9\ The Exchange believes that NYSE Governance Services is not a
``facility'' of the Exchange. 15 U.S.C. 78c(a)(2). The Act defines
``facility'' to include an exchange's ``premises, tangible or
intangible property whether on the premises or not, any right to the
use of such premises or property or any service thereof for the
purpose of effecting or reporting a transaction on an exchange
(including, among other things, any system or communication to or
from the exchange, by ticker or otherwise, maintained by or with the
consent of the exchange), and any right of the exchange to the use
of any property or service.'' NYSE Governance Services is a distinct
entity that is separate from the Exchange and engages in a discrete
line of business that is not ``for the purpose of effecting or
reporting a transaction'' on an exchange. While this proposal is
being filed with the Commission under Section 19(b)(2) of the Act
because it relates to services offered in connection with a listing
on the Exchange, the Exchange does not believe it is required to
file NYSE Governance Services' price schedule or changes that do not
relate to services offered in connection with a listing on the
Exchange.
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    The Exchange has learned that companies listing on the Exchange for
the first time often require a period of time after listing to complete
the contracting and training process with vendors providing the
complimentary products and services. Therefore, many companies are not
able to begin using the suite of products offered to them immediately
on the date of listing. To address this issue, the Exchange proposes to
amend Section 907.00 to specify that if an Eligible New Listing or
Eligible Transfer Company begins using a particular service within 30
days after the date of listing, the complimentary period begins on such
date of first use. In all other instances, the complimentary period
will begin on the listing date.
    Lastly, the Exchange proposes to amend Section 907.00 to change the
term ``newly listed issuer'' to ``Eligible New Listing'' and give such
new term the definition it is given herein. Separately, because the
Exchange proposes to offer an enhanced package of complimentary
products and services to Eligible Transfer Companies (as opposed to the
more limited package that transfer companies currently receive if they
qualify as an Eligible Current Listing), the Exchange proposes to amend
Section 907.00 to include a definition for such category of listed
companies. Throughout the entirety of Section 907.00 of the Manual, the
Exchange proposes to change the term ``currently listed issuers'' to
``Eligible Current Listings.''\10\ As transfer companies will no longer
be treated on the same terms as Eligible Current Listings, but will
instead receive complimentary products and services as a separate
category of issuer under the proposed rule, the Exchange does not
believe there could be any inference that a transfer company is
included in the definition of Eligible New Listing. Therefore, the
Exchange proposes to delete obsolete text to this effect from Section
907.00.
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    \10\ As described above in the definition of ``Eligible Current
Listing,'' in order to qualify for such designation, a company must
have equity securities listed on the Exchange.
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    The Exchange also proposes to amend the first paragraph of Section
907.00 of the Manual to specify that it will offer certain
complimentary products and services and access to discounted third-
party products and services through the NYSE Market Access Center to
both currently and newly listed issuers, whereas previously it stated
such services were only offered to currently listed issuers.
    The Exchange will implement the proposed rule upon approval. Any
Eligible New Listing that listed on the Exchange prior to approval of
the proposed rule will continue to receive services under the terms of
the current rule. Therefore, for as long as any Eligible New Listing is
receiving services under the terms of Section 907.00 of the Manual as
currently in effect, the Exchange will maintain a link \11\ to such
section in the Introductory Note to Section 907.00.
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    \11\ https://www.nyse.com/get-started/reference.
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    With respect to Eligible Current Listings, such companies will be
offered Web-casting and whistleblower services as described herein from
the date of approval. Further, as discussed above, the Exchange
proposes to discontinue offering complimentary corporate governance
services to Eligible Current Listings due to a low demand for that
product. Notwithstanding the approval of the proposed rule change,
however, to the extent that the Exchange has already paid a third-party
provider (prior to approval) for corporate governance services to an
Eligible Current Listing, such complimentary service will continue
until the payments run out. Once any pre-approval payments run out,
such services will be discontinued. The Exchange expects all corporate
governance services to Eligible Current Listings to be completely
discontinued no later than early 2016.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\12\ in general, and furthers the
objectives of Sections 6(b)(4) \13\ of the Act, in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees, and other charges among its members and issuers and other
persons using its facilities. The Exchange also believes that the
proposed rule change is consistent with Section 6(b)(5)\14\ of the Act
in that it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4).
    \14\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that it is reasonable to offer complimentary
products and services to attract new listings, retain currently listed
issuers, and respond to competitive pressures. The Exchange faces
competition in the market for listing services and it competes, in
part, by improving the quality of the services that it offers to listed
companies. By offering products and services on a complimentary basis
and ensuring that it is offering the services most valued by its listed
issuers, the Exchange will improve the quality of the services that
listed companies receive.
    The Exchange believes it is appropriate to expand the suite of
complimentary products and services offered to Tier A and Tier B
Eligible New Listings and to offer such complimentary products and
services to Tier A and Tier B Eligible Transfer Companies because such
services will ease the transition of companies that are becoming public
for the first time or transferring their listing to a new exchange.
Further, Nasdaq offers a comparable suite of complimentary products and
services to new listings and transfers and the proposed rule change
will enable the Exchange to more effectively compete for listings.
    The Exchange believes it is appropriate to remove corporate
governance services from the list of complimentary products and
services that it offers to Tier One and Tier Two Eligible Current
Listings and to not offer such services to Eligible Transfer Companies
because, as described herein, such services are less beneficial

to established companies than they are to Eligible New Listings.
Further, very few Tier One and Tier Two Eligible Current Listings
presently seek to receive such services.
    The Exchange believes that its proposal to enhance the package of
complimentary products and services that it offers to Eligible Transfer
Companies from the suite such companies are currently offered as
Eligible Current Listings is consistent with Sections 6(b)(8) \15\ of
the Act in that it does not impose any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
As described above, the Exchange competes with Nasdaq for listings.
Currently, Nasdaq offers the same suite of complimentary products and
services to new listings as it does to listings that transfer to its
market. The Exchange believes, therefore, that its proposal to more
closely align \16\ the suite of complimentary products and services
that it offers Eligible New Listings and Eligible Transfer Companies
will enhance its ability to compete with Nasdaq by enabling it to offer
transfers from Nasdaq a similar package to that currently offered to
Exchange companies by Nasdaq.
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    \15\ 15 U.S.C. 78f(b)(8).
    \16\ As discussed above, the package of complimentary products
and services offered to Eligible New Listings and Eligible Transfer
Companies will be identical except that Eligible Transfer Companies
will not be offered corporate governance tools.
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    With respect to the addition of Web-casting as a product offered to
each tier of Eligible Current Listings, Eligible New Listings and
Eligible Transfer Companies, the Exchange believes that it is
reasonable to offer this product because listed companies have
indicated to the Exchange that such Web-casting products would be
beneficial to their shareholder outreach initiatives.
    Lastly, the Exchange believes it is reasonable, equitable and not
unfairly discriminatory to offer complimentary whistleblower services
to all companies listed on the Exchange in lieu of data room services
and virtual investor relation tools for which there was very little
demand. Companies are not forced or required to utilize the
complimentary products and services as a condition of listing. All
companies will continue to receive some level of free services.
    Allowing companies up to 30 days after their listing to start using
the complimentary products and services is a reflection of the
Exchange's experience that it can take companies a period of time to
review and complete necessary contracts and training for services
following their listing. Allowing this modest 30 day period, if the
company needs it, helps ensure that the company will have the benefit
of the full period permitted under the rule to actually use the
services, thus giving companies the full intended benefit.

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 amends
the suite of products and services offered to certain listed companies.
The proposed rule change also allows for an enhanced package of
complimentary products and services to be offered to Eligible Transfer
Companies as opposed to the package they are currently offered as
Eligible Current Listings. All similarly situated companies are
eligible for the same package of services. Further, the Exchange notes
that Nasdaq already offers a similar suite of complimentary products
and services to companies initially listing or transferring their
listing to its market. Therefore, the proposed changes to Section
907.00 of the Manual will increase competition by enabling the Exchange
to more effectively compete for listings.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2015-36 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-2015-36. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet 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 such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2015-36, and should be
submitted on or before September 15, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-20934 Filed 8-24-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Notices]
[Pages 31586-31587]
[FR Doc No: 2019-14082]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7153-017]

Consolidated Hydro New York, LLC; Notice of Intent To File
License Application, Filing of Pre-Application Document, and Approving
Use of the Traditional Licensing Process

    a. Type of Application: Notice of Intent to File License
Application and Request to Use the Traditional Licensing Process.
    b. Project No.: 7153-017.
    c. Date filed: April 30, 2019.
    d. Submitted by: Consolidated Hydro New York, LLC (Consolidated
Hydro).
    e. Name of Project: Victory Mills Hydroelectric Project.
    f. Location: Located on Fish Creek in the Village of Victory, Town
of Saratoga, Saratoga County, New York. The project does not occupy any
federal lands.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Mr. Kevin Webb, Hydro Licensing
Manager, Enel Green Power North America, Inc., 100 Brickstone Square,
Suite 300, Andover, MA 01810, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    i. FERC Contact: Laurie Bauer, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    j. Consolidated Hydro filed its request to use the Traditional
Licensing Process on April 30, 2019. Consolidated Hydro provided public
notice of its request on April 25, 2019. In a letter dated June 26,
2019, the Director of the Division of Hydropower Licensing approved
Consolidated Hydro's request to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and/or NOAA Fisheries under section
7 of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, Part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the New York State Historic Preservation Officer, as
required by section 106, National Historic Preservation Act, and the
implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Consolidated Hydro as the
Commission's non-federal representative for carrying out informal
consultation pursuant to section 7 of the Endangered Species Act; and
consultation pursuant to section 106 of the National Historic
Preservation Act.
    m. Consolidated Hydro filed a Pre-Application Document (PAD;
including a proposed process plan and schedule) with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's website
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    o. The licensee states its unequivocal intent to submit an
application for a

new license for Project No. 7153. Pursuant to 18 CFR 16.8, 16.9, and
16.10 each application for a new license and any competing license
applications must be filed with the Commission at least 24 months prior
to the expiration of the existing license. All applications for license
for this project must be filed by April 30, 2022.
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: June 26, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-14082 Filed 7-1-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 31944-31946]
[FR Doc No: 2019-14160]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86214; File No. SR-CboeEDGX-2019-040]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to Amend the Trigger for Its Opening Rotation Process for
Equity Options

June 27, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 24, 2019, Cboe EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') 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 Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    Cboe EDGX Exchange, Inc. (the ``Exchange'' or ``EDGX'') proposes to
amend the trigger for its opening rotation process for equity options.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/edgx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    On April 26, 2019, the Exchange filed a rule filing, SR-CboeEDGX-
2019-027, which, among other things, amended its opening auction
process.\5\ The Exchange notes that it intends to implement the
proposed changes under SR-CboeEDGX-2019-027 on June 27, 2019.\6\
Specifically, the filing amended the events that will trigger the
opening rotation for equity options pursuant to Rule 21.7(d). Beginning
June 27, 2019, Rule 21.7(d) will provide that after a time period
(which the Exchange determines for all classes) following the System's
observation after 9:30 a.m. of the first disseminated transaction price
for the security underlying an equity the System will initiate the
opening rotation for the series in that class.\7\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 85797 (May 7, 2019),
84 FR 20920.
    (May 13, 2019) (Notice of Filing and Immediate Effectiveness of
a Proposed Rule Change Relating to Amend the Exchange's Opening
Process and add a Global Trading Hours Session for XSP Options) (SR-
CboeEDGX-2019-027). The rule filing is part of Feature Pack 7 in
connection with the migration of Cboe Exchange, Inc. (``Cboe
Options'') technology to the same trading platform used by the
Exchange, Cboe EDGX Exchange, Inc. (``EDGX Options''), and Cboe BZX
Exchange, Inc. (``BZX Options'') in the fourth quarter of 2019.
    \6\ Id. The Exchange notes that implementation of Feature Pack 7
was recently postponed via Exchange notice from a roll-out of June
24, 2019 to June 27, 2019. See Exchange Notice No. C2019062100
(Updated June 21, 2019).
    \7\ The Exchange circulated an Exchange notice in advance of the
implementation of the rule changes pursuant to SR-CboeEDGX-2019-027
describing such rule changes. See Exchange Notice No. C2019050201
(May 2, 2019). The Exchange also circulated an Exchange notice as a
reminder of the upcoming rule changes under SR-CboeEDGX-2019-027.
See Exchange Notice No. C2019061200 (June 12, 2019).
---------------------------------------------------------------------------

    Prior to the amendment made pursuant to SR-CboeEDGX-2019-027, the
System would initiate its opening rotation for a series following the
first transaction in the security underlying an equity option
disseminated by the primary market after 9:30 a.m. The Exchange now
seeks to amend the opening rotation trigger for equity options to
revert back to the trigger used prior to the SR-CboeEDGX-2019-027
amendment. The Exchange understands its opening rotation trigger event,
as amended, is not consistent with general practice in the industry,
which is to trigger an opening rotation based on disseminated
transactions from the primary market rather than any market. The
Exchange notes that the proposed change to reflect the prior opening
trigger event is the same as the rule language that existed before the
SR-CboeEDGX-2019-027 amendment, previously filed with the Commission,
modified only to conform to other rule text under Rule 21.7(d) amended
by SR-CboeEDGX-2019-027 that the Exchange does not intend to alter.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\8\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \10\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ Id.
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change will serve to
remove impediments to and perfect the mechanism of a free and open
market and national market system because it will realign the trigger
for its opening rotation for equity options with the trigger used by
most other options exchanges.\11\ The proposed change will benefit
investors, as it will create consistency throughout the industry and
will implement an opening rotation trigger that was previously in place
under the Exchange Rules and thus, previously filed with the Commission
and already familiar to market participants.
---------------------------------------------------------------------------

    \11\ See Rules of Nasdaq BX, Chapter VI, Sec. 8(b); and Nasdaq
Stock Market Options Rules, Chapter VI, Sec. 8(b). See also http://www.nasdaqtrader.com/Content/BXOptions/BXOptions_FAQs.pdf; and
http://www.nasdaqtrader.com/content/ProductsServices/Trading/OptionsMarket/options_market_faqs.pdf.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed change will impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that the proposed rule change will impose any burden on intramarket
competition that is not necessary in furtherance of the purposes of the
Act, because the proposed opening trigger will apply in the same manner
to all equity options. The proposed rule change impacts a System
process that occurs prior to the opening of trading, and merely
modifies when the System will initiate an opening rotation. The
Exchange also does not believe that the proposed change will impose any
burden on intermarket competition that is not necessary in furtherance
of the purposes of the Act, because use of the first disseminated
transaction price from the primary market as a trigger for the opening
rotation is consistent with the rules of other options exchanges \12\
and with the Exchange Rules in place prior to the amendment made
pursuant to SR-CboeEDGX-2019-027.
---------------------------------------------------------------------------

    \12\ Id.
---------------------------------------------------------------------------

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

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

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate 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 \13\ and Rule 19b-4(f)(6)
thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to

Rule 19b-4(f)(6)(iii) \16\ the Commission may designate a shorter time
if such action is consistent with the protection of investors and the
public interest.
---------------------------------------------------------------------------

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

    The Exchange has asked the Commission to waive the 30-day operative
delay. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest
because the proposed rule change will implement functionality relating
to the opening rotation trigger for equity options that was previously
in place on the Exchange. As such, waiver of the 30-day operative delay
is consistent with the protection of investors and the public interest
as the proposed rule change will implement an opening rotation trigger
that was previously in place under an Exchange Rule that is already
familiar to market participants. Thus, as represented by the Exchange,
the proposed rule change does not introduce any new or novel issues.
For this reason, the Commission believes that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest. Therefore, the Commission hereby waives the operative
delay and designates the proposal as operative upon filing.\17\
---------------------------------------------------------------------------

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeEDGX-2019-040 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeEDGX-2019-040. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeEDGX-2019-040 and should be
submitted on or before July 24, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-14160 Filed 7-2-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 4, 2009 (Volume 74, Number 148)]
[Notices]
[Page 38666]
[DOCID:fr04au09-72]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2008-0126]

Application for the Tank Ship S/R AMERICAN PROGRESS, Review for
Inclusion in the Shipboard Technology Evaluation Program; Final
Environmental Assessment

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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

SUMMARY: The Coast Guard announces the availability of the Final
Environmental Assessment (FEA) for the tank ship S/R AMERICAN PROGRESS.
The FEA describes the S/R AMERICAN PROGRESS application for the
Shipboard Technology Evaluation Program (STEP) Ballast Water Management
System (BWMS) initiative. The FEA for the S/R AMERICAN PROGRESS also
addresses potential effects on the human and natural environments from
installing, testing, and using the SevernTrentDeNora (STDN) BalPure\TM\
ballast water treatment system as the vessel operates in U.S. waters.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this notice as being available in the docket,
are part of the docket USCG-2008-0126. These documents are available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. You can also find all docketed documents on the Federal
Document Management System at http://www.regulations.gov, United States
Coast Guard docket number USCG-2008-0126.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail LCDR Brian Moore, U.S. Coast Guard; telephone 202-372-
1434, e-mail<EMAIL_ADDRESS>If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    In the Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990, as reauthorized, and as amended by the National Invasive Species
Act of 1996, Public Law 101-646 and Public Law 104-332, respectively,
Congress directed the Coast Guard to prevent, to the maximum extent
practicable, introduction of aquatic nonindigenous species from ballast
water discharged by ships (16 U.S.C. 4711). To achieve this objective,
the Coast Guard wrote new regulations in 33 CFR 151, subparts C and D.
(58 FR 18330, Apr. 8, 1993, and 69 FR 44952, Jul. 28, 2004,
respectively).
    On December 8, 2004, the Coast Guard published a notice in the
Federal Register (69 FR 71068, Dec. 8, 2004), announcing its Shipboard
Technology Evaluation Program (STEP) for experimental shipboard ballast
water treatment systems. The program goal is to promote development of
alternatives to ballast water exchange as a means of preventing
invasive species from entering U.S. waters through ships' ballast
water. The comments we received support testing prototype treatment
equipment and developing effective and practicable standards for
approving this equipment.
    In accordance with the National Environmental Policy Act of 1969
(Section 102(2)(c)), as implemented by the Council of Environmental
Quality regulations in 40 CFR parts 1500-1508, and Coast Guard
Commandant Instruction M16475.1D, ``National Environmental Policy Act
Implementing Procedures and Policy for Considering Environmental
Impacts,'' the Coast Guard prepared a Programmatic Environmental
Assessment (PEA) for the STEP to evaluate the environmental impacts
from installing and operating a limited number of prototype ballast
water treatment systems (69 FR 71068, Dec. 8, 2004). The PEA can be
found in docket USCG-2001-9267. The PEA addresses potential effects to
the natural and human environments including fish, marine mammals,
invertebrates, microorganisms and plankton, submerged and emergent
aquatic vegetation, threatened and endangered species, and essential
fish habitat. It also requires each system to be evaluated for
localized effects on the ports and waterways where a vessel involved in
the program operates.
    The Coast Guard announced the availability and request for public
comments of the Draft Environmental Assessment (DEA) for the tank ship
S/R AMERICAN PROGRESS by Federal Register notice on December 1, 2008
(73 FR 72825, Dec. 1, 2008). The comment period was open until December
31, 2008. The California State Lands Commission (CSLC) had commented on
previous Draft Environmental Assessments regarding three other vessels
with STEP applications, specifically, STEP applications regarding the
cruise ship CORAL PRINCESS (73 FR 72817, Dec. 1, 2008), the integrated
tug and barge MOKU PAHU (73 FR 72819, Dec. 1, 2008), and the vessel
ATLANTIC COMPASS (73 FR 72814, Dec. 1, 2008). Due to the high level of
interest previously shown by CSLC, and that just prior to the end of
the comment period on the DEA for S/R AMERICAN PROGRESS there were no
public comments, the Coast Guard contacted CSLC prior to the closing of
the comment period to ensure CSLC was aware of the posting. Soon after
the comment period had expired, CSLC replied directly to Coast Guard
via e-mail with comments. The CLSC submitted 23 substantive comments,
and 19 editorial comments. All comments from CSLC were posted by the
Coast Guard to the docket. The Coast Guard received no other comments
from any source.
    The 19 editorial comments from CLSC were adopted and incorporated
in the Final Environmental Assessment (FEA) to improve readability. The
adopted edits made no substantive changes to the FEA. The remaining
comments with the Coast Guard's response are provided as appendix G in
the FEA.
    This notice is issued under authority of the National Environmental
Policy Act of 1969 (Section 102 (2)(c)), as implemented by the Council
of Environmental Quality regulations (40 CFR parts 1500-1508) and Coast
Guard Commandant Instruction M16475.1D.

    Dated: July 28, 2009.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. E9-18495 Filed 8-3-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: October 3, 2005 (Volume 70, Number 190)]
[Notices]
[Page 57582-57583]
[DOCID:fr03oc05-75]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL05-38-003]

Oklahoma Municipal Power Authority; American Electric Power
Service Corporation; Notice of Compliance Filing

September 27, 2005.
    Take notice that on September 21, 2005, American Electric Power
Service Corporation filed an unexecuted Network Integration
Transmission Service Agreement formatted in compliance with
Commission's Order

No. 614, Designation of Rate Schedule Sheets, 90 FERC ] 61,352 (2000).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make Protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern time on October 21, 2005.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5396 Filed 9-30-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: June 8, 2009 (Volume 74, Number 108)]
[Notices]
[Page 27215-27217]
[DOCID:fr08jn09-115]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60008; File No. SR-FINRA-2009-033]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Amend Rule Cross-References in FINRA Rules

May 29, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 13, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to

solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    FINRA is proposing to correct or update certain rule cross-
references in certain FINRA rules that have been adopted in the
consolidated FINRA rulebook.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    FINRA is in process of developing a new consolidated rulebook
(``Consolidated FINRA Rulebook'').\4\ That process involves FINRA
submitting to the Commission for approval a series of proposed rule
changes over time to adopt rules in the Consolidated FINRA Rulebook.
The phased adoption and implementation of those rules necessitates
periodic amendments to update rule cross-references and other non-
substantive technical changes in the Consolidated FINRA Rulebook.
---------------------------------------------------------------------------

    \4\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see FINRA Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
---------------------------------------------------------------------------

    The proposed rule change would update rule cross-references in
FINRA Rules 2114 (Recommendations to Customers in OTC Equity
Securities) and 9610 (Application for Exemptions). The former FINRA
rule was approved by the Commission on March 19, 2009 \5\ and will
become effective on June 15, 2009. Paragraph (e)(1)(B) of that rule
makes reference to FINRA Rule 4512(c); however, the referenced rule has
not yet been adopted in the Consolidated FINRA Rulebook, so the
proposed rule change would revert the reference to the existing NASD
Rule 3110(c)(4)--a non-substantive change. With respect to FINRA Rule
9610, the proposed rule change would update rule cross-references to
reflect the adoption of Rule 2114.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 59605 (March 19,
2009), 74 FR 13283 (March 26, 2009) (Order Approving File No. SR-
FINRA-2008-055).
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date will be June 15, 2009, the date
on which the previously approved rule change will also be implemented.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\6\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes the proposed rule change will provide
greater clarity to members and the public regarding FINRA's rules.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires that a self-regulatory organization submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. FINRA has satisfied this notice requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2009-033 on the subject line.

Paper Comments

     Send paper comments in triplicate to Florence E. Harmon,
Deputy Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-FINRA-2009-033. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference

Room, 100 F Street, NE., Washington, DC 20549, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
FINRA. 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-
FINRA-2009-033 and should be submitted on or before June 29, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-13252 Filed 6-5-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: April 10, 2008 (Volume 73, Number 70)]
[Notices]
[Page 19510-19511]
[DOCID:fr10ap08-57]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0202] (formerly Docket No. 2008N-0009)

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Customer/Partner
Service Surveys

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by May 12,
2008.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All comments
should be identified with the OMB control number 0910-0360. Also
include the FDA docket number found

in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief
Information Officer (HFA-250), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Customer/Partner Service Surveys--(OMB Control Number 0910-0360)--
Extension

    Under section 903 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 393), FDA is authorized to conduct research and public
information programs about regulated products and responsibilities of
the agency. Executive Order 12862, entitled ``Setting Customer Service
Standard,'' directs Federal agencies that ``provide significant
services directly to the public'' to ``survey customers to determine
the kind and quality of services they want and their level of
satisfaction with existing services.'' FDA is seeking OMB clearance to
conduct a series of surveys to implement Executive Order 12862.
Participation in the surveys is voluntary. This request covers
customer/partner service surveys of regulated entities, such as food
processors; cosmetic drug, biologic and medical device manufacturers;
consumers; and health professionals. The request also covers
``partner'' (State and local governments) customer service surveys.
    FDA will use the information from these surveys to identify
strengths and weaknesses in service to customers/partners and to make
improvements. The surveys will measure timeliness, appropriateness and
accuracy of information, courtesy, and problem resolution in the
context of individual programs.
    FDA estimates conducting 15 customer/partner service surveys per
year, each requiring an average of 18 minutes for review and
completion. We estimate respondents to these surveys to be between 50
and 6,000 customers. Some of these surveys will be repeats of earlier
surveys for purposes of monitoring customer/partner service and
developing long-term data.
    In the Federal Register of January 24, 2008 (73 FR 4234), FDA
published a 60-day notice requesting public comment on the information
collection provisions. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                  Table 1--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                                            No. of        Annual Frequency      Hours per
           Type of Survey                Respondents        per Response         Response         Total Hours
----------------------------------------------------------------------------------------------------------------
Mail, telephone, fax, web-based                  15,000                  1                .30              4,500
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: April 4, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-7640 Filed 4-9-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Notices]
[Page 58726]
[FR Doc No: 2015-24738]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-2541-000]

Burgess Capital LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Burgess Capital LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 14, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: September 24, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-24738 Filed 9-29-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: September 22, 2010 (Volume 75, Number 183)]
[Rules and Regulations]
[Page 57664-57666]
[DOCID:fr22se10-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0926; Directorate Identifier 2010-CE-024-AD;
Amendment 39-16435; AD 2010-20-01]
RIN 2120-AA64

Airworthiness Directives; G ROB-WERKE Model G120A Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by the aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    GROB Aircraft AG has been informed that flap ribs P/N 120A-1053
and 120A-1054 have been found cracked during regular maintenance.
Structural failure of the ribs may cause failure of the middle flap
support which may lead to flap asymmetry due to excessive flap
deformation and ultimately could result in reducing the
controllability of the aeroplane.

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective October 12, 2010.
    On October 12, 2010, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
    We must receive comments on this AD by November 8, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, 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.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued
Emergency AD No.: 2010-0140, dated July 2, 2010 (referred to after this
as ``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    GROB Aircraft AG has been informed that flap ribs P/N 120A-1053
and 120A-1054 have been found cracked during regular maintenance.
Structural failure of the ribs may cause failure of the middle flap
support which may lead to flap asymmetry due to excessive flap
deformation and ultimately could result in reducing the
controllability of the aeroplane.
    Pending further investigation on the root source for the cracks,
including review of the original proofs of compliance, temporary
limitations for flap operations were established until terminating
action development.
    EASA AD 2010-0065-E required a repetitive inspection of the RH
and LH flap ribs. EASA AD 2010-0065-E is superseded as a terminating
action has been developed by Grob Aircraft AG.
    This AD, which supersedes EASA AD 2010-0065-E retaining its
requirements, additionally requires accomplishment of repair N[deg]
1121-017 and modification N[deg] 1121-018 for aeroplanes on which
cracks have been found or accomplishment of modification N[deg]
1121-018 only for aeroplanes on which no crack has been found.

    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    GROB Aircraft AG has issued Service Bulletin No. ASB1121-113/1,
dated May 18, 2010; Repair Instruction No. RI-1121-017, dated April 1,
2010; and Repair Instruction No. RI-1121-018, dated May 18, 2010. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
during regular maintenance, cracks have been found in the flap ribs. If
not corrected, structural failure of the ribs may cause failure of the
middle flap support, which could lead to flap asymmetry, due to
excessive

flap deformation, and ultimately reduce the controllability of the
airplane. Therefore, we determined that notice and opportunity for
public comment before issuing this AD are impracticable and that good
cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2010-0926; Directorate
Identifier 2010-CE-024-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 AD:

2010-20-01 GROB-WERKE: Amendment 39-16435; Docket No. FAA-2010-0926;
Directorate Identifier 2010-CE-024-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October
12, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model G120A airplanes, all serial
numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 57: Wings.

Reason

    (e) GROB Aircraft AG has been informed that flap ribs P/N 120A-
1053 and 120A-1054 have been found cracked during regular
maintenance. Structural failure of the ribs may cause failure of the
middle flap support which may lead to flap asymmetry due to
excessive flap deformation and ultimately could result in reducing
the controllability of the aeroplane.
    Pending further investigation on the root source for the cracks,
including review of the original proofs of compliance, temporary
limitations for flap operations established until terminating action
development.
    EASA AD 2010-0065-E required a repetitive inspection of the RH
and LH flap ribs. EASA AD 2010-0065-E is superseded as a terminating
action has been developed by Grob Aircraft AG.
    This AD, which supersedes EASA AD 2010-0065-E retaining its
requirements, additionally requires accomplishment of repair N[deg]
1121-017 and modification N[deg] 1121-018 for aeroplanes on which
cracks have been found or accomplishment of modification N[deg]
1121-018 only for aeroplanes on which no crack has been found.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before further flight after October 12, 2010 (the effective
date of this AD), and repetitively thereafter before the first
flight of each day, inspect the right hand (RH) and left hand (LH)
flap ribs for cracks following GROB Aircraft AG Service Bulletin
No.: ASB1121-113/1, Accomplishment Instructions, PART A, dated May
18, 2010.
    (2) If no crack is found during any inspection required in
paragraph (f)(1) of this AD, before further flight, you must comply
with the following conditions until the Repair Instructions in GROB
Aircraft AG Repair Instruction No. RI-1121-018, dated May 18, 2010,
are done:
    (i) Reduction of the airplane's maximum flap deflection to the
``TAKE-OFF'' position and reduction of the maximum flaps extended
speed VFE to 114 knots indicated airspeed (KIAS);
    (ii) Modification of the placard part number (P/N) 120A-
7000.113E to show reduced flap deflection of ``TAKE-OFF'' position
and maximum flaps extended speed VFE of 114 KIAS, and
    (iii) Insertion into the limitations section of the airplane
flight manual and/or pilots operating handbook an amendment showing
that the Temporary Maximum Flap Position is TAKE-OFF and the Maximum
Flap Extended Speed is 114 KIAS.
    (3) If no crack is found during any inspection required in
paragraph (f)(1) of this AD, within the next 12 months after the
effective date of this AD, modify the LH and RH flap ribs following
GROB Aircraft AG Repair Instruction No. RI-1121-018, dated May 18,
2010 and GROB Aircraft AG Service Bulletin No.: ASB1121-113/1,
Accomplishment Instructions, PART B, dated May 18, 2010.
    (4) If a crack is found during any inspection required in
paragraph (f)(1) of this AD, before further flight, repair the
applicable flap rib(s) following GROB Aircraft AG Repair Instruction
No. RI-1121-017, dated April 1, 2010; GROB Aircraft AG Repair
Instruction No. RI-1121-018, dated May 18, 2010; and GROB Aircraft
AG Service Bulletin No.: ASB1121-113/1, Accomplishment Instructions,
PART B, dated May 18, 2010.
    (g) You may at any time complete GROB Aircraft AG Repair
Instruction No. RI-1121-017, dated April 1, 2010, and GROB Aircraft
AG Service Bulletin No. ASB1121-113/1,

Accomplishment Instructions, PART B, dated May 18, 2010, to
terminate the repetitive inspection required in paragraph (f)(1) of
this AD, and to terminate the conditions required by paragraphs
(f)(2) of this AD. This repair must be done before further flight if
cracks are found as required in paragraph (f)(4) of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: The MCAI allows flight with known cracks for up to 100
hours time-in-service. FAA policy is to not allow further flight
with known cracks in critical structure. We require that if any
cracks are found, before further flight, the crack must be repaired
following the applicable GROB service information.

Other FAA AD Provisions

    (h) 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: Greg Davison, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. 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.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2010-0140, dated July 2, 2010; GROB Aircraft AG Repair Instruction
No. RI-1121-017, dated April 1, 2010; GROB Aircraft AG Repair
Instruction No. RI-1121-018, dated May 18, 2010; and GROB Aircraft
AG Service Bulletin No.: ASB1121-113/1, dated May 18, 2010, for
related information.

Material Incorporated by Reference

    (j) You must use GROB Aircraft AG Repair Instruction No. RI-
1121-017, dated April 1, 2010; GROB Aircraft AG Repair Instruction
No. RI-1121-018, dated May 18, 2010; and GROB Aircraft AG Service
Bulletin No.: ASB1121-113/1, dated May 18, 2010, to do the actions
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact GROB
Aircraft AG, Lettenbachstrasse 9, 86874 Tussenhausen-Mattsies,
Germany; telephone: +49 (0) 8268-998-0; fax: +49 (0) 8268-998-200;
e-mail<EMAIL_ADDRESS>Internet: http://www.grob-
aircraft.eu/service-and-support/g-120/documentation/service-
bulletins.html.
    (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD 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/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri, on September 14, 2010.
William J. Timberlake,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-23377 Filed 9-21-10; 8:45 am]
BILLING CODE 4910-13-P