[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Rules and Regulations]
[Pages 10340-10342]
[FR Doc No: 2014-03242]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0924; Directorate Identifier 2013-CE-032-AD;
Amendment 39-17755; AD 2014-03-18]
RIN 2120-AA64

Airworthiness Directives; B-N Group Ltd. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for B-N
Group Ltd. Models BN-2, BN-2A, BN-2A-2, BN-2A-3, BN-2A-6, BN-2A-8, BN-
2A-9, BN-2A-20, BN-2A-21, BN-2A-26, BN-2A-27, BN-2B-20, BN-2B-21, BN-
2B-26, BN-2B-27, BN2A MK. III, BN2A MK. III-2, and BN2A MK. III-3
airplanes. This AD results from mandatory continuing airworthiness
information (MCAI) issued by an aviation authority of another country
to identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as damage of the cable sliding end
assembly and installation of the incorrect end fitting on engine
control cable assemblies. We are issuing this proposed AD to require
actions to address the unsafe condition on these products.

DATES: This AD is effective April 1, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 1,
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2013-
0924; or in person at Document Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
    For service information identified in this AD, contact Britten-
Norman Aircraft Limited, Commodore House,

Mountbatten Business Centre, Millbrook Road East, Southampton SO15 1HY,
United Kingdom; telephone: +44 20 3371 4000; fax: +44 20 3371 4001;
email<EMAIL_ADDRESS>Internet: http://www.britten-norman.com/customer-support/. You may view this referenced service information at
the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

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

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to B-N Group Ltd. Models BN-2,
BN-2A, BN-2A-2, BN-2A-3, BN-2A-6, BN-2A-8, BN-2A-9, BN-2A-20, BN-2A-21,
BN-2A-26, BN-2A-27, BN-2B-20, BN-2B-21, BN-2B-26, BN-2B-27, BN2A MK.
III, BN2A MK. III-2, and BN2A MK. III-3 airplanes. That NPRM was
published in the Federal Register on October 30, 2013 (78 FR 64894).
That NPRM proposed to correct an unsafe condition for the specified
products. The MCAI states:

    Britten-Norman Aircraft Limited has been made aware of two
occurrences where a failure of engine control cable assemblies has
caused engine control difficulties. In both reported cases, the
cable sliding end assemblies were in poor condition and in both
cases, an incorrect end-fitting was installed which may have
contributed to the failures.
    This condition, if not detected and corrected, could result in
reduced engine control, possibly resulting in reduced control of the
aeroplane.
    To address this potential unsafe condition, Britten-Norman
Aircraft have issued Service Bulletin (SB) 334 to provide inspection
instructions.
    For the reason described above, this AD requires a one-time
inspection and functional test of the engine control cables and,
depending on findings, replacement of the cables.

    The MCAI can be found in the AD docket on the Internet at: http://www.regulations.gov/#!documentDetail;D=FAA-2013-0924-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 64894, October 30,
2013) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 64894, October 30, 2013) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 64894, October 30, 2013).

Costs of Compliance

    We estimate that this AD will affect 101 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
    Based on these figures, we estimate the cost of the AD on U.S.
operators to be $8,585, or $85 per product.
    In addition, we estimate that any necessary follow-on actions will
take about 10 work-hours and require parts costing $4,800 (4 per
airplane), for a cost of $5,650 per product. We have no way of
determining the number of products that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2013-0924; or in person at the Docket Management Facility between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains the NPRM, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2014-03-18 B-N Group Ltd.: Amendment 39-17755; Docket No. FAA-2013-
0924; Directorate Identifier 2013-CE-032-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 1,
2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to B-N Group Ltd. Models BN-2, BN-2A, BN-2A-2,
BN-2A-3, BN-2A-

6, BN-2A-8, BN-2A-9, BN-2A-20, BN-2A-21, BN-2A-26, BN-2A-27, BN-2B-
20, BN-2B-21, BN-2B-26, BN-2B-27, BN2A MK. III, BN2A MK. III-2, and
BN2A MK. III-3 airplanes, all serial numbers, certificated in any
category.

(d) Subject

    Air Transport Association of America (ATA) Code 76: Engine
Controls.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as damage of the
cable sliding end assembly and installation of the incorrect end
fitting on engine control cable assemblies. We are issuing this AD
to detect and correct damage of the cable sliding end assembly
(cracking, distortion, corrosion) and incorrect end fittings on the
engine control assemblies, which could lead to reduced engine
control with consequent loss of control.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs
(f)(1) through (f)(4) of this AD:
    (1) Within the next 6 months after April 1, 2014 (the effective
date of this AD), do a one-time inspection of the engine control
cable assemblies, part number (P/N) 137835, P/N 172449-1, P/N 17250,
and P/N 172451, and surrounding areas for damage (cracking,
distortion, corrosion) and correct cable end-fitting and to assure
the wire locking is intact following Britten-Norman Aircraft Limited
Service Bulletin No. SB 334, Issue 1, dated August 30, 2013.
    (2) If no discrepancies are found during the inspection required
in paragraph (f)(1) of this AD, inspect the control linkages for
proper adjustment and, before further flight, make any necessary
changes following Britten-Norman Aircraft Limited Service Bulletin
No. SB 334, Issue 1, dated August 30, 2013.
    (3) If any discrepancies are found during the inspection
required in paragraph (f)(1) of this AD and/or the control linkages
cannot be properly adjusted as specified in paragraph (f)(2) of this
AD, before further flight, replace the engine control cable assembly
with a serviceable unit following Britten-Norman Aircraft Limited
Service Bulletin No. SB 334, Issue 1, dated August 30, 2013.
    (4) After April 1, 2014 (the effective date of this AD), do not
install on any airplane engine control cable assemblies, part number
(P/N) 137835, P/N 172449-1, P/N 17250, and P/N 172451, unless they
are new or have been inspected as required in paragraphs (f)(1) and
(f)(2) of this AD and found free of any discrepancies and have
proper adjustment.

(g) Other FAA AD Provisions

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

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2013-0215, dated September 16, 2013, for related information. You
may examine the MCAI in the AD docket on the Internet at: http://www.regulations.gov/#!documentDetail;D=FAA-2013-0924-0002.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Britten-Norman Aircraft Limited Service Bulletin No. SB 334,
Issue 1, dated August 30, 2013.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Britten-Norman Aircraft Limited, Commodore House, Mountbatten
Business Centre, Millbrook Road East, Southampton SO15 1HY, United
Kingdom; telephone: +44 20 3371 4000; fax: +44 20 3371 4001; email:
<EMAIL_ADDRESS>Internet: http://www.britten-norman.com/customer-support/.
    (4) You may view this referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA,
call<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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on February 6, 2014.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2014-03242 Filed 2-24-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Notices]
[Pages 54614-54617]
[FR Doc No: 2015-22745]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75832; File No. SR-BATS-2015-69]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing of Proposed Rule Change To Amend Rules 1.5(r), 11.1(a), 11.23,
14.6, 14.11, and 14.12 and Adopt Rule 11.1(a)(1)

September 3, 2015.
    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 September 1, 2015, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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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 filed a proposal to amend the definition of Pre-
Opening Session under Rule 1.5(r) to state that the Pre-Opening Session
will start at 7:00 a.m. rather than 8:00 a.m. Eastern Time, Rule
11.1(a) to account for the Pre-Opening Session starting at 7:00 a.m.
Eastern Time, and to make related changes to Rules 11.23, 14.6, 14.11,
and 14.12. The Exchange also proposes to adopt new Rule 11.1(a)(1) to
define Effective Start Time, which would be an order instruction
enabling Members \3\ [sic] indicate a time upon which their order may
become eligible for execution.
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    \3\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange. A
Member will have the status of a ``member'' of the Exchange as that
term is defined in Section 3(a)(3) of the Act. Membership may be
granted to a sole proprietor, partnership, corporation, limited
liability company or other organization which is a registered broker
or dealer pursuant to Section 15 of the Act, and which has been
approved by the Exchange.'' See Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.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 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 parts of such
statements.

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

1. Purpose
    The Exchange proposes to amend the definition of Pre-Opening
Session under Rule 1.5(r) to state that the Pre-Opening Session will
start at 7:00 a.m. rather than 8:00 a.m. Eastern Time, Rule 11.1(a) to
account for the Pre-Opening Session starting at 7:00 a.m. Eastern Time,
and to make related changes to Rules 11.23, 14.6, 14.11, and 14.12. The
Exchange also proposes to adopt new Rule 11.1(a)(1) to define Effective
Start Time, which would be an order instruction enabling Members
indicate a time upon which their order may become eligible for
execution.
Pre-Opening Session 7:00 a.m. Start
    The Exchange trading day is currently divided into two sessions:
(i) The Pre-Opening Session which starts at 8:00 a.m. and ends at 9:30
a.m. Eastern Time; and (ii) the Regular Trading Hours which runs from
9:30 a.m. to 4:00 p.m. Eastern Time. The Exchange proposes to amend the
definition of ``Pre-Opening Session'' under Rule 1.5(r) to state that
the Pre-Opening Session will start at 7:00 a.m. rather than 8:00 a.m.
Eastern Time.\4\
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    \4\ The Exchange notes that NYSE Arca, Inc. (``NYSE Arca'')
operates an Opening Session that starts at 4:00 a.m. Eastern Time
(1:00 a.m. Pacific Time) and ends at 9:30 a.m. Eastern Time (6:30
a.m. Pacific Time). See NYSE Arca Rule 7.34(a)(1). The Nasdaq Stock
Market LLC (``Nasdaq'') operates a pre-market session that also
opens at 4:00 a.m. and ends at 9:30 a.m. Eastern Time. See Nasdaq
Rule 4701(g). See also Securities Exchange Act Release No. 69151
(March 15, 2013), 78 FR 17464 (March 21, 2013) (SR-Nasdaq-2013-033)
(Notice of Filing and Immediate Effectiveness of Proposed Rule
Change to Extend the Pre-Market Hours of the Exchange to 4:00 a.m.
EST).
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    The Exchange also proposes to amend Rule 11.1(a) to account for the
Pre-Opening Session starting at 7:00 a.m. Eastern Time. Other than the
proposal to change the start of the Pre-Opening Session from 8:00 a.m.
to 7:00 a.m. Eastern Time discussed above, the Exchange does not
propose to amend the substance or operation of Rule 11.1(a).
    As amended, orders entered between 6:00 a.m. and 7:00 a.m. Eastern
Time, rather than 6:00 a.m. and 8:00 a.m. Eastern Time, would not
eligible for execution until the start of the Pre-Opening Session or
Regular Trading Hours,\5\ depending on the Time-in-Force (``TIF'') \6\
selected by the User.\7\ Rule 11.1(a) will also be amended to state
that the Exchange will not accept the following orders prior to 7:00
a.m. Eastern Time, rather than 8:00 a.m.: BATS Post Only Orders,\8\
Partial Post Only at Limit Orders,\9\ Intermarket Sweep Orders
(``ISOs''),\10\ BATS Market Orders \11\ with a TIF other than Regular
Hours Only,\12\ Minimum Quantity Orders \13\ that also include a TIF of
Regular Hours Only, and all orders with a TIF instruction of Immediate-
or-Cancel (``IOC'') \14\ or Fill-or-Kill (``FOK'').\15\ At the
commencement of the Pre-Opening Session, orders entered between 6:00
a.m. and 7:00 a.m. Eastern Time, rather than 6:00 a.m. and 8:00 a.m.
Eastern Time, will be handled in time sequence, beginning with the
order with the oldest time stamp, and will be placed on the BATS
Book,\16\ routed,

cancelled, or executed in accordance with the terms of the order.
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    \5\ ``Regular Trading Hours'' is defined as ``the time between
9:30 a.m. and 4:00 p.m. Eastern Time.'' See Exchange Rule 1.5(w).
    \6\ The Times-In-Force instructions available on the Exchange
are set forth under Exchange Rule 11.9(b).
    \7\ ``User'' is defined as ``any Member or Sponsored Participant
who is authorized to obtain access to the System pursuant to Rule
11.3.'' See Exchange Rule 1.5(cc).
    \8\ See Exchange Rule 11.9(c)(6).
    \9\ See Exchange Rule 11.9(c)(7).
    \10\ See Exchange Rule 11.9(d).
    \11\ See Exchange Rule 11.9(a)(2).
    \12\ See Exchange Rule 11.9(b)(7).
    \13\ See Exchange Rule 11.9(c)(5).
    \14\ See Exchange Rule 11.9(b)(1).
    \15\ See Exchange Rule 11.9(b)(6).
    \16\ See Exchange Rule 1.5(e).
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    Operations. From the Members' operational perspective, the
Exchange's goal is to permit trading for those that choose to trade,
without imposing burdens on those that do not. Thus, for example, the
Exchange will not require any Member to participate in the extended
session, including not requiring registered market makers to make two-
sided markets between 7:00 a.m. and 8:00 a.m. The Exchange will
minimize Members' preparation efforts to the greatest extent possible
by allowing Members to trade beginning at 7:00 a.m. with the same
equipment, connectivity, order types, and data feeds they currently use
from 8:00 a.m. onwards.
    Opening Process. The Exchange will offer no opening process at 7:00
a.m., just as it offers no opening process at 8:00 a.m. today. Instead,
at 7:00 a.m., the System will ``wake up'' by loading in price/time
priority all open trading interest entered after 6:00 a.m. Also at 7:00
a.m., the Exchange will open the execution system and accept new
eligible orders, just as it currently does at 8:00 a.m. Members will be
permitted to enter orders beginning at 6:00 a.m. Market Makers will be
permitted but not required to open their quotes beginning at 7:00 a.m.
in the same manner they open their quotes today beginning at 8:00 a.m.
    Order Types. Every order type that is currently available beginning
at 8:00 a.m. will be available beginning at 7:00 a.m. All other order
types, and all order type behaviors, will otherwise remain unchanged.
The Exchange will not extend the expiration times of any orders. For
example, an order that is currently available from 8:00 a.m. to 4:00
p.m. will be modified to be available from 7:00 a.m. to 4:00 p.m. An
order that is available from 8:00 a.m. to 9:30 a.m. will be modified to
be available from 7:00 a.m. to 9:30 a.m.
    Routing Services. The Exchange will route orders to away markets
between 7:00 a.m. and 8:00 a.m., just as it does today between 8:00
a.m. and 9:30 a.m. All routing strategies set forth in Exchange Rule
11.11 will remain otherwise unchanged, performing the same instructions
they perform between 7:00 a.m. and 8:00 a.m. today.
    Order Processing. Order processing will operate beginning at 7:00
a.m. just as it does today beginning at 8:00 a.m. There will be no
changes to the ranking, display, and execution algorithms processes or
rules.
    Data Feeds. The Exchange will report the best bid and offer on the
Exchange to the appropriate network processor, as it currently does
beginning 8:00 a.m. The Exchange's proprietary data feeds will be
disseminated beginning at 7:00 a.m. using the same formats and delivery
mechanisms with which the Exchange currently disseminates them
beginning at 8:00 a.m.
    Trade Reporting. Trades executed between 7:00 a.m. and 8:00 a.m.
will be reported to the appropriate network processor with the ``.T''
modifier, just as they are reported today between at 8:00 a.m. and 9:30
a.m.
    Fees. The Exchange is not changing any fees in connection with this
proposal.
    Market Surveillance. The Exchange's commitment to high quality
regulation at all times will extend to 7:00 a.m. The Exchange will
offer all surveillance coverage currently performed by the Exchange's
surveillance systems, which will launch by the time trading starts at
7:00 a.m.
    Clearly Erroneous Trade Processing. The Exchange will process trade
breaks beginning at 7:00 a.m. pursuant to Exchange Rule 11.13 just as
it does today beginning at 8:00 a.m.
    Related changes to Rules 11.23, 14.6, 14.11, and 14.12. The
Exchange proposes to also make the follow changes to Rules 11.23, 14.6,
14.11, and 14.12 to reflect the extension of the Pre-Opening Session to
7:00 a.m.:
     Rule 11.23, Auctions. The Exchange proposes to amend Rules
11.23(b)(1)(A) and (c)(1)(A) to reflect that Users may submit orders at
start of the Pre-Opening Session at 7:00 a.m., rather than 8:00 a.m.
     Rule 14.6, Obligations of Companies Listed on the
Exchange. The Exchange proposes to amend Rules 14.6(b)(1), (b)(2), and
Interpretation and Policies .01(a), (c), and .02 to require an
Exchange-Listed Company that public releases material information
outside of the Exchange market hours to inform the Exchange's
Surveillance Department of that material information prior to 6:50 a.m.
rather than 7:50 a.m. Eastern Time. The Exchange proposes to amend Rule
14.6, Interpretation and Policies .01(b), (c), and .02 to reflect the
extension of the Pre-Opening Session to 7:00 a.m. Eastern Time. The
amended provisions of Rule 14.6, Interpretation and Policies .01(b),
(c), and .02 require companies to notify the Exchange's Surveillance
Department of the release of certain material information at least ten
minutes prior to the release of such information to the public when the
public release of the information is made during Exchange market hours.
     Rule 14.11, Other Securities. The Exchange proposes to
amend Rule 14.11(b)(7) and (c)(7) to reflect the extension of the Pre-
Opening Session to 7:00 a.m. Eastern Time.
     Rule 14.12, Failure to Meet Listing Standards. The
Exchange proposes to amend Rule 14.12(e) and (m)(11) to require that
companies that publicly announce the receipt of a notification of
deficiency, Staff Delisting Determination, Public Reprimand Letter or
Adjudicatory Body Decision that serves as a Public Reprimand outside of
Exchange market hours inform the Exchange's Surveillance Department of
the material information prior to 6:50 a.m. rather than 7:50 a.m.
Eastern Time.
Effective Start Time
    The Exchange propose to adopt a new defined term, Effective Start
Time, under proposed paragraph (a)(1) to Rule 11.1. Effective Start
Time would be defined as an instruction a User may attach to an order
to buy or sell which indicates the time upon which the order is to
become eligible for execution. Like orders placed on the BATS Book at
the start of the Pre-Opening Session under Rule 11.1(a), at the
Effective Start Time, the order will be placed on the BATS Book,
routed, cancelled, or executed in accordance with the terms of the
order. Once received, orders with an Effective Start Time are placed in
a suspended state and not placed on the BATS Book until the Effective
Start Time selected by the User. Orders with an Effective Start Time
are treated like all other orders once placed on the BATS Book and will
receive a time stamp at the time the order becomes eligible for
execution. Pursuant to Rule 11.12, orders entered with identical
Effective Start Times will retain their priority as compared to each
other based upon the time such orders were initially received by the
System.
    In general, a User may specify a time between 7:00 a.m. and 4:00
p.m. Eastern Time as the order's Effective Start Time, subject to the
trading sessions that the particular order type is eligible for
execution. A Member would not be able to combine an Effective Start
Time with BATS Post Only Orders, BATS Market Orders, Minimum Quantity
Orders, ISOs, or orders that include a TIF of IOC or FOK. The Effective
Start Time instruction would be available for all other order types
that include a TIF other than IOC or FOK. This is also consistent with
current Rule 11.1(a), under which the Exchange does not accept the
following orders prior to the start of the Pre-Opening Session: BATS
Post Only Orders, Partial Post Only at Limit Orders, ISO, BATS Market
Orders with a TIF other than Regular Hours Only, Minimum Quantity
Orders that also include a TIF of Regular Hours

Only, and all orders with a TIF instruction of IOC or FOK.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\17\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\18\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, and to remove
impediments to and perfect the mechanism of a free and open market and
a national market system.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f.
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

Pre-Opening Session 7:00 a.m. Start
    The Exchange believes its proposal to amend Rule 1.5(r) to state
that the Pre-Opening Session will start at 7:00 a.m. rather than 8:00
a.m. Eastern Time, Rule 11.1(a) to account for the Pre-Opening Session
starting at 7:00 a.m. Eastern Time, and the related changes to Rules
11.23, 14.6, 14.11, and 14.12 promote just and equitable principles of
trade, and to remove impediments to and perfect the mechanism of a free
and open market and a national market system. The Exchange believes
that opening its system at 7:00 a.m. will benefit investors, the
national market system, Members and the Exchange market. Opening at
7:00 a.m. will benefit investors and the national market system by
increasing competition for order flow and executions, and thereby
spurring product enhancements and lowering prices. Opening at 7:00 a.m.
will benefit Members and the Exchange market by increasing trading
opportunities between 7:00 a.m. and 8:00 a.m. without increasing
ancillary trading costs (telecommunications, data, connectivity, etc.)
and, thereby, decreasing average trading costs per share. Opening the
Exchange at 7:00 a.m. will also benefit Members that choose not to
participate in the early hours but nonetheless gain the opportunity to
interact with liquidity entered by other members during the early
session.
    The proposed rule change promotes just and equitable principles of
trade by offering additional trading opportunities to Members that
desire them, without imposing burdens on Members that do not. The
proposal will facilitate a well-regulated, orderly, and efficient
market during a period of time that is currently underserved. The
Exchange notes that the proposed trading period has been available on
NYSE Arca and Nasdaq.\19\ The Exchange believes that the availability
of trading between 7:00 a.m. and 8:00 a.m. has been beneficial to
market participants including investors and issuers on other markets.
The Exchange believes that offering a competing trading session will
further benefit investors by promoting competition and order
interaction, while imposing no added costs on investors or other market
participants that choose not avail themselves of these benefits.
---------------------------------------------------------------------------

    \19\ See supra note 4.
---------------------------------------------------------------------------

Effective Start Time
    The Exchange believes its proposed Effective Start Time instruction
also promotes just and equitable principles of trade, and removes
impediments to and perfects the mechanism of a free and open market and
a national market system. The Exchange believes that the proposed
Effective Start Time instruction will provide Users with greater
control over their orders by electing a specific time upon which their
order may become eligible for execution. The concept of selecting
conditions during which an order it [sic] to be eligible for execution
is not novel. The operation of the Effective Start Time instruction is
similar to functionality available on the Exchange and elsewhere that
permits members to elect when their orders are to become eligible for
executions. Specifically, on the Exchange, a User may elect a buy
(sell) Stop Order or Stop Limit Order indicating that the order become
eligible for execution when the consolidated last sale (purchase) in a
security occurs at or above (below) a specified Stop Price.\20\ In
addition, a User may elect the trading session(s) during which their
order would be eligible for execution. In such case, the User may enter
an order during the Pre-Opening Session and select that such order not
be eligible for execution until 9:30 a.m., the start of Regular Trading
Hours. Conversely, Members also maintain the ability to elect when
their order should expire or be cancelled. For example, a User may
elect a TIF instruction of Day, GTD, or GTX, all which state that the
order cancelled if not executed by a certain time.\21\ Lastly, similar
functionality is currently available on NYSE Arca.\22\
---------------------------------------------------------------------------

    \20\ See Exchange Rules 11.9(c)(17) and (c)(18). See also New
York Stock Exchange, Inc. (``NYSE'') Rule 13(e)(7).
    \21\ See Exchange Rules 11.9(b)(2), (4), and (5). See also
Nasdaq Rule 4703(a), and NYSE Rule 13(b).
    \22\ NYSE Arca permits the selection of an Effective Time (Tag
168), like the Exchange proposes herein, and Expire Time (Tag 126).
See NYSE Arca FIX Specifications, available at https://www.nyse.com/publicdocs/nyse/markets/nyse/FIX_Specification_and_API.pdf (dated
June 8, 2015).
---------------------------------------------------------------------------

    The Exchange believes it has appropriately limited the availability
of the Effective Start Time instruction to exclude its use with order
types and order instructions that it may be deemed inconsistent with.
Specifically, the Effective Time instruction is not available for ISOs
and the use of such an instruction may be considered inconsistent with
a Member's responsibility to comply with the requirements of Regulation
NMS relating to ISOs. In addition, the Effective Start Time instruction
is not available for BATS Market Orders or orders with a TIF
instruction of IOC or FOK as well as orders with BATS Post Only Order
or Minimum Quantity Orders. BATS Market Orders and orders with a TIF
instruction of IOC and FOK are immediately executable once placed on
the BATS Book. Permitting the use of an Effective Start time with such
orders appears inconsistent as a User will not know at the time of
order entry what the market for such a security would be at the
selected Effective Start Time.

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

    The Exchange believes its proposed rule change would not impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes the
proposal to start the Pre-Opening Session at 7:00 a.m. Eastern Time
would enhance competition by enabling the Exchange to directly compete
with NYSE Arca and Nasdaq for order flow and executions starting at
7:00 a.m., rather than 8:00 a.m. In addition, the proposed Effective
Start Time instruction will enable the Exchange to provide similar
functionality as NYSE Arca. The fact that the extending the Pre-Opening
Session and Effective Start Time are themselves a response to the
competition provided by other markets is evidence of its pro-
competitive nature.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

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

    Within 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 the 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-BATS-2015-69 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-BATS-2015-69. 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-BATS-2015-69, and should be
submitted on or before October 1, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-22745 Filed 9-9-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Rules and Regulations]
[Pages 63416-63418]
[FR Doc No: 2016-22200]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0757]
RIN 1625-AA08

Special Local Regulation; Atchafalaya River, Morgan City, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for
all navigable waters, near mile marker 4.5 of the Morgan City Port
Allen route to extend north and south 1000 feet of Russo's boat launch
on the Atchafalaya River. The special local regulation is necessary to
protect participants and spectators from the hazards associated with
the Battle of the Basin power boat race. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Morgan City or a designated representative.

DATES: This rule is effective from 10 a.m. on September 24, 2016
through 7 p.m. September 25, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0757 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact LTJG Vanessa Taylor, Marine Safety Unit Morgan City, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
MM Mile Marker

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
notice of the request until July 25, 2016. Completing the NPRM process
would delay the immediate action needed to protect spectators and
vessels from hazards associated with the boat races. It is
impracticable to publish an NPRM because we must establish this special
local regulation by September 24, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Providing 30 days
notice for this occurrence would unnecessarily delay the effective date
and would be impracticable based on the limited time frame, as well as
be contrary to public interest because immediate action is needed to
protect spectators from the potential safety hazards associated with
the high speed boat races.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Morgan City (COTP) has determined that
potential hazards associated with the combination of recreational and
commercial vessels and a high speed boat racing event starting at 10
a.m. and lasting until 7 p.m. on September 24, 2016 and September 25,
2016 is a safety concern for anyone within this area. This rule is
needed to help ensure the safety of persons and recreational boats
during the event on the navigable waters within the special local
regulation.

IV. Discussion of the Rule

    This rule establishes a special local regulation that will be
enforced from 10 a.m. until 7 p.m. on September 24, 2016 and September
25, 2016. The special local regulation will cover all navigable waters
near mile marker 4.5 on the Morgan City Port Allen alternate route
extending 1000 feet north and south from Russo's boat launch in Morgan
City. The duration of the zone is intended to protect spectators,
vessels, and the marine environment in these navigable waters while the
speed races occur. No vessel or person will be permitted to enter the
special local regulation without obtaining permission from the COTP or
a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size,
location, duration, and specific times of enforcement for the special
local regulation. The limited duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the high speed boat races

are being conducted. This special local regulation will be relatively
small and enforced over two days. Under certain conditions, moreover,
vessels may still transit through the special local regulation when
permitted by the COTP or a designated representative.
    No vessel or person will be permitted to enter the special local
regulation without obtaining permission from the COTP or a designated
representative. The Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone and the rule
allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section V.A. above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a special local regulation lasting less than 2 days that
will prohibit entry into or transit through the speed boat race course
located at mile marker 4.5 of the Morgan City Port Allen Alternate
route in Morgan City, LA. It is categorically excluded from further
review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T08-0757 to read as follows:

Sec.  165.T35-0757  Special local regulation; Atchafalaya River, Morgan
City, LA.

    (a) Location. The following area is a special local regulation: All
waters of the Atchafalaya River near mile marker 4.5 of the Morgan City
Port Allen route to extend north and south 1000 feet from Russo's boat
launch.
    (b) Enforcement period. This special local regulation will be
enforced from 10 a.m. until 7 p.m. on September 24, 2016 and on
September 25, 2016.
    (c) Regulations. (1) In accordance with the general regulations of
this part, entry into this zone is prohibited unless specifically
authorized by the COTP or designated personnel. Persons or vessels
desiring to enter into or pass through the zone must request permission
from

the COTP or a designated representative. They may be contacted on VHF-
FM radio channel 13 and 16 or phone at<PHONE_NUMBER>.
    (2) Persons and vessels permitted to deviate from this special
local regulation and enter the restricted area must transit at the
slowest safe speed and comply with all lawful directions issued by the
COTP or the designated representative.
    (d) Informational broadcasts. The COTP Morgan City or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the special local regulation as
well as any changes in the dates and times of enforcement.

    Dated: September 6, 2016.
J.H. Miller,
Commander, U.S. Coast Guard, Acting Captain of the Port, Morgan City,
Louisiana.
[FR Doc. 2016-22200 Filed 9-14-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Page 64132]
[FR Doc No: 2022-22850]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2002-13398]

Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on September 14, 2022, the
Hillsborough Transit Authority (HART) petitioned the Federal Railroad
Administration (FRA) for an extension of a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR parts 240 (Qualification and Certification of Locomotive
Engineers) and 242 (Qualification and Certification of Conductors). The
relevant FRA Docket Number is FRA-2002-13398.
    Specifically, HART requests to extend its existing relief related
to the shared use operation of its TECO Line Streetcar System at a
``limited connection'' with track operated by CSX Transportation (CSXT)
in Tampa, Florida. HART states that two FRA inspections of the 14th
Street shared at grade rail-rail crossing have been completed in the
previous five years and all reports show no exceptions. HART also notes
that the standard operating procedure at this interlocking location was
updated in 2017 with the cooperation of CSXT, and reviewed in August
2022.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications received by December 20, 2022 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). Under 5 U.S.C. 553(c), the U.S.
Department of Transportation (DOT) solicits comments from the public to
better inform its processes. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2022-22850 Filed 10-20-22; 8:45 am]
BILLING CODE 4910-06-P