[Federal Register Volume 87, Number 73 (Friday, April 15, 2022)]
[Rules and Regulations]
[Pages 22441-22444]
[FR Doc No: 2022-08045]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0386; Project Identifier AD-2022-00336-E;
Amendment 39-22001; AD 2022-07-13]
RIN 2120-AA64

Airworthiness Directives; Pratt & Whitney Division Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Pratt & Whitney Division (PW) PW4074, PW4074D, PW4077, PW4077D,
PW4084D, PW4090, and PW4090-3 model turbofan engines. This AD was
prompted by an in-flight shutdown (IFSD) of an engine due to an air/oil
heat exchanger leak caused by corrosion and subsequent investigation by
the manufacturer that revealed additional air/oil heat exchanger leaks.
This AD requires an inspection of the air/oil heat exchanger and,
depending on the results of the inspection, replacement of the air/oil
heat exchanger. This AD also provides instructions for storing an air/
oil heat exchanger after inspection. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective May 2, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 2, 2022.
    The FAA must receive comments on this AD by May 31, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Pratt & Whitney Division, 400 Main Street, East Hartford, CT 06118;
phone:<PHONE_NUMBER>; email: [email protected]; website: https://connect.prattwhitney.com. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2022-0386.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0386; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for the
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Carol Nguyen, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On November 9, 2021, a Boeing Model 777 airplane, powered by PW
PW4077 engines, on a ferry flight from San Francisco, CA to Honolulu,
HI, experienced an oil leak on the number 1 engine that resulted in an
IFSD and air turnback to San Francisco, CA. A post-flight inspection
revealed that the oil leak was from the air/oil heat exchanger. After
this event, on December 19, 2021, the manufacturer was made aware of
another oil leak related to the air/oil heat exchanger that was
discovered during a post-flight inspection after the first flight out
of storage. Subsequent investigation revealed 19 air/oil heat exchanger
leaks occurred on the affected engines during the past year, which is
significantly higher than the three to four air/oil heat exchanger
leaks typically occurring each year. After

further investigation, the manufacturer determined that the air/oil
heat exchanger leak was due to corrosion. The manufacturer published
Pratt & Whitney Special Instruction No. 255F-21A, dated February 15,
2022, which provides instructions for performing an inspection of the
air/oil heat exchanger and, depending on the results of the inspection,
replacement of the air/oil heat exchanger. This special instruction
also provides instructions for storing an air/oil heat exchanger after
the inspection. This condition, if not addressed, could result in low
oil pressure, failure of one or more engines, IFSD, loss of engine
thrust control, reduced control of the airplane, and loss of the
airplane. The FAA is issuing this AD to address the unsafe condition on
these products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pratt & Whitney Special Instruction No. 255F-21A,
dated February 15, 2022. This special instruction specifies procedures
for performing an inspection of the air/oil heat exchanger and,
depending on the results of the inspection, replacement of the air/oil
heat exchanger. This special instruction also specifies procedures for
storing an air/oil heat exchanger after the inspection. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in ADDRESSES.

Other Related Service Information

    The FAA reviewed Pratt & Whitney Special Instruction No. 255F-21,
dated December 22, 2021. This special instruction describes procedures
for performing an inspection of the air/oil heat exchanger and,
depending on the results of the inspection, replacement of the air/oil
heat exchanger.

AD Requirements

    This AD requires an inspection of the air/oil heat exchanger within
30 days prior to the first flight after the effective date of this AD.
Depending on the results of the inspection, this AD may require
replacement of the air/oil heat exchanger. The air/oil heat exchanger
may be inspected more than 30 days prior to the first flight after the
effective date of this AD if the air/oil heat exchanger is subsequently
stored in accordance with procedures from the manufacturer.

Interim Action

    The FAA considers this AD to be an interim action. If final action
is later identified, the FAA might consider additional rulemaking.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule.
The Boeing Model 777 fleet with affected engines installed has been
grounded after a fan blade-out event that occurred on February 20,
2021. According to the manufacturer, the lack of operation may have
exacerbated corrosion on the air/oil heat exchanger. Both engines
installed on the airplane may develop leaks on the air/oil heat
exchangers. Since the Boeing Model 777 fleet will start to return to
service soon, there is an increased risk that these leaks will occur
during the first flight out of storage, and there is a risk of a dual-
engine IFSD and loss of the airplane. The FAA considers inspection of
the air/oil heat exchanger for leaks to be an urgent safety issue.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``FAA-2022-0386 and Project Identifier AD-2022-
00336-E'' at the beginning of your comments. The most helpful comments
reference a specific portion of the final rule, explain the reason for
any recommended change, and include supporting data. The FAA will
consider all comments received by the closing date and may amend this
final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Carol
Nguyen, Aviation Safety Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 108 engines installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspect air/oil heat exchanger........  2 work-hours x $85 per                $0            $170         $18,360
                                         hour = $170.
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    The FAA estimates the following costs to do any necessary
replacement that would be required based on the results of the
inspection. The agency has no way of determining the number of aircraft
that might need this replacement.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace air/oil heat exchanger.............  0 work-hours x $85 per hour = $0...         $12,000         $12,000
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2022-07-13 Pratt & Whitney Division: Amendment 39-22001; Docket No.
FAA-2022-0386; Project Identifier AD-2022-00336-E.

(a) Effective Date

    This airworthiness directive (AD) is effective May 2, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pratt & Whitney Division PW4074, PW4074D,
PW4077, PW4077D, PW4084D, PW4090, and PW4090-3 model turbofan
engines, with an installed air/oil heat exchanger that has
accumulated any number of cycles since new (CSN) or cycles since
last overhaul.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7921, Engine Oil
Cooler.

(e) Unsafe Condition

    This AD was prompted by an in-flight shutdown (IFSD) of an
engine due to an air/oil heat exchanger leak caused by corrosion and
subsequent investigation by the manufacturer that revealed
additional air/oil heat exchanger leaks on the affected engines. The
FAA is issuing this AD to prevent leaks in the air/oil heat
exchanger. The unsafe condition, if not addressed, could result in
low oil pressure, failure of one or more engines, IFSD, loss of
engine thrust control, reduced control of the airplane, and loss of
the airplane.

(f) Compliance

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

(g) Required Actions

    (1) Within 30 days prior to the first flight after the effective
date of this AD, perform an inspection for leaks of the air/oil heat
exchanger in accordance with the Accomplishment Instructions,
paragraph 3., of Pratt & Whitney Special Instruction No. 255F-21A,
dated February 15, 2022.
    (2) If any air/oil heat exchanger fails the inspection required
by paragraph (g)(1) of this AD, before further flight, remove the
air/oil heat exchanger and replace with a part eligible for
installation.

(h) Definition

    For the purpose of this AD, a ``part eligible for installation''
is:
    (1) A new air/oil heat exchanger with zero CSN, or
    (2) An overhauled air/oil heat exchanger with zero cycles since
last overhaul, or
    (3) An air/oil heat exchanger that has passed the inspection
required by paragraph (g)(1) of this AD.

(i) Effect of Storage on Compliance Time

    For performance of the inspection for leaks required by
paragraph (g)(1) of this AD, the air/oil heat exchanger may be
inspected more than 30 days prior to the first flight after the
effective date of this AD if, after performing said inspection, the
following are accomplished:
    (1) The air/oil heat exchanger is stored in accordance with the
Accomplishment Instructions, paragraph 6., of Pratt & Whitney
Special Instruction No. 255F-21A, dated February 15, 2022; and
    (2) The cumulative time between performance of the inspection
and the first flight minus the time stored in accordance with
paragraph (i)(1) of this AD does not exceed 30 days.

(j) Credit for Previous Actions

    You make take credit for the actions required by paragraph
(g)(1) of this AD if the inspection for leaks was performed before
the effective date of this AD using the Accomplishment Instructions,
paragraph 3., of Pratt & Whitney Special Instruction No. 255F-21,
dated December 22, 2021.

(k) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and
21.199, are permitted prior to compliance with paragraph (g)(1) of
this AD, provided that the air/oil heat exchanger has first passed
an inspection, performed within 60 days of the flight, performed in
accordance with:
    (1) The Accomplishment Instructions, paragraph 3., of Pratt &
Whitney Special Instruction No. 255F-21, dated December 22, 2021,
before the effective date of this AD, or
    (2) The Accomplishment Instructions, paragraph 3., of Pratt &
Whitney Special Instruction No. 255F-21A, dated February 15, 2022.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (m) of this AD and email to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(m) Related Information

    For more information about this AD, contact Carol Nguyen,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; email:
[email protected].

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Pratt & Whitney Special Instruction No. 255F-21A, dated
February 15, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact Pratt
& Whitney Division, 400 Main Street, East Hartford, CT 06118; phone:
(860) 565-0140; email: [email protected]; website: https://connect.prattwhitney.com.
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 31, 2022.
Derek Morgan,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-08045 Filed 4-14-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Notices]
[Pages 518-520]
[FR Doc No: 2011-33789]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66067; File No. SR-CBOE-2011-127]

 Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the CBOE Stock Exchange Fees Schedule

December 29, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 20, 2011, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which items have been prepared by the 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\ 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 the CBOE Stock Exchange (``CBSX'')
Fees Schedule. The text of the proposed rule change is available on the
Exchange's Web site (http://www.cboe.org/legal), 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 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    CBSX proposes to amend its CBOEdirect Connectivity Charges.
Currently, the CBSX Fees Schedule applies CBOE's CBOEdirect
Connectivity Charges to CBSX users.\3\ However, CBOE recently filed a
proposed rule change to increase its CBOEdirect Connectivity
Charges.\4\ Because CBSX does not desire to adopt all of the proposed
changes to CBOE's CBOEdirect Connectivity Charges, CBSX hereby proposes
to amend its Fees Schedule to adopt its own CBOEdirect Connectivity
Charges.
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    \3\ See CBSX Fees Schedule, Section 1.
    \4\ See SR-CBOE-2011-121.
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    Currently, CBSX assesses a monthly Network Access Port fee of $250
for regular access and $500 for Sponsored User access, as those are the
amounts of the Network Access Port fees on CBOE. In SR-CBOE-2011-121,
CBOE proposes to increase the fees charged for access to a Network
Access Port to $500 per month for regular access and $1000 per month
for Sponsored User access. CBSX desires to keep the Network Access Port
fee rates at their current levels and not

increase them to the levels proposed by CBOE.
    CBOE also proposes to increase their monthly CMI and FIX charges
from $80 to $500 per month for regular access and $160 to $1000 per
month for Sponsored User access.\5\ CBSX does not desire to adopt these
increases. Instead, CBSX proposes to adopt more moderate increases,
from $80 to $100 for regular access and $160 to $200 for Sponsored User
access. Sizable investment [sic] were recently made to upgrade the
equipment involved in the CMI Client Application Servers and FIX Ports,
and thereby increasing these fees will help recoup such costs and
maintain such equipment in the future. Moreover, following these
changes, CBSX connectivity costs will still be lower than those
assessed for connectivity at other exchanges. Along with the proposed
CBOE changes, ISE assesses a FIX fee of $1200 for a minimum of two
monthly login IDs (so, $600 for one), or a fee of $2,400 for a higher-
volume user.\6\ The NASDAQ Stock Market LLC's Options Market (``NOM'')
assesses a fee of $500 per FIX port per month, as well.\7\ Regarding
the Sponsored User fees, the Exchange currently charges a different
rate for regular access and Sponsored User access, and merely proposes
to increase the rates in equal proportion.
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    \5\ See SR-CBOE-2011-121.
    \6\ See ISE Schedule of Fees, page 8. The Commission notes that
the ISE fees cited by the Exchange were modified as of December 1,
2011. As of December 23, 2011, ISE assesses a FIX fee of $1000 for a
minimum of two monthly login IDs and does not have a separate fee
for a higher-volume user. See Securities Exchange Act Release No.
65916 (December 8, 2011), 76 FR 77881 (December 14, 2011) (SR-ISE-
2011-80).
    \7\ See NOM Rule 7053.
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    The proposed changes are to take effect January 1, 2012.
2. Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\8\ in general, and furthers the objectives of Section 6(b)(4) \9\
of the Act in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
CBOE Trading Permit Holders and other persons using Exchange
facilities. The proposed ``change'' to add the Network Access Port fees
into the CBSX Fees Schedule is reasonable because the amounts of the
fees are not changing. This proposed ``change'' is equitable and not
unfairly discriminatory because the fees, as before, will be assessed
to all market participants, and in the same amounts as previously
assessed.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
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    The proposed changes to increase the fees assessed for CMI Login
IDs and FIX Login IDs are also reasonable because the amounts of such
fees are significantly lower than those assessed on other
exchanges,\10\ and because such increases will assist in recouping
expenditures recently made to upgrade the CBOEdirect connectivity
equipment. This proposed change is equitable and not unfairly
discriminatory because the fees, as before, will be assessed to all
market participants. Assessing higher fees for Sponsored Users is
equitable and not unfairly discriminatory because Sponsored Users are
able to access the Exchange and use the equipment provided without
purchasing a trading permit. As such, Trading Permit Holders who have
purchased a trading permit will have a higher level of commitment to
transacting business on the Exchange and using Exchange facilities than
Sponsored Users.
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    \10\ See ISE Schedule of Fees, page 8 and NOM Rule 7053 and also
SR-CBOE-2011-121.
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    The proposed rule change is designated by the Exchange as
establishing or changing a due, fee, or other charge, thereby
qualifying for effectiveness on filing pursuant to Section 19(b)(3)(A)
of the Act \11\ and subparagraph (f)(2) of Rule 19b-4 \12\ thereunder.
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.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2011-127 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2011-127. 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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2011-127 and should be
submitted on or before January 26, 2012.
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    \13\ 17 CFR 200.30-3(a)(12).

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-33789 Filed 1-4-12; 8:45 am]
BILLING CODE 8011-01-P